Note: The information provided in this site is for informational and guidance purposes only and should not be construed as legal advice. If you have specific issues or areas that need clarification, you are encouraged to consult with a qualified attorney.

Copyright FAQ's What is Copyright? Is it Fair Use? How do I get Permission? Can I use it on the Web? What do Students Need to Know? Who Owns the Work? How do I Protect my Work?

When should you get permission?

1. Anytime your intended use of copyrighted material will not stand up to the four criteria used to determine "Fair Use."
   • What is the character of the use? Educational or commercial?
   • What is the nature of the work to be used? Non-fiction, fiction, published, unpublished?
   • How much of the work will you use? How does it relate to the whole work qualitatively?
   • If this use were widespread, how would this use impact the market for the original, or for licenses?

 

2. Whenever your intended use goes beyond the basic time and use limitations established for Fair Use:
   • One semester or course term for print/text materials. Two years from the first use for multimedia materials.
   • There is a potential for future commercial or for-profit use of the product.

A Few Tips:

• Do the research ahead of time. Identify the material you want to use and determine if it is protected (see the definitions of public domain and length of copyright protections). Identify the copyright holder (it's not always the author or creator), and determine his or her rights in the work (reproduction, distribution, performance, display). "All rights reserved" means just that, but in some cases certain rights may be held by other parties or administered by a licensing agency.

• Consider the time frame and plan in advance. Typical response time from publishers can range from three to six weeks after they receive your request.

• If you are using existing resources or purchasing new materials, check the copyright statement on the product or packaging. In some cases it will include a statement about or conditions for educational use.

• Copyright requests are usually case-by-case decisions, based on the policy of the owner. Some sources may grant permission without restriction, some may place time limits or other conditions, and others may charge a fee for a license. You'll want to know the details of any conditions before committing to using this resource.

• Request permission for a specific time period: one semester, academic year, etc. Copyright holders are more likely to approve a request for a specific period, than an open-ended request.

• Request a written approval from the owner's authorized agent and an explanation of any terms, limitations and restrictions. A FAX copy is OK, but you should follow up with a more formal document. (See examples.) A verbal OK is not good enough. Ask for the documentation!

 

How to Request Permission:

1. Submit your request in writing on letterhead.

2. Address your request to a specific person if possible. It's worth the time to research the correct name and title. If you can't get a specific name, address your request to the 'Permissions Editor' or 'Copyright Officer.'

3. Give as much detail as possible about each item you are asking permission to use. For example:

Figures X and Z on page 125 -126 in Smith, J. History of DaDaism , Culpable Press, NY 1998.

Slide 14 - "Smiling Gargoyle,"; Detail from the west tower façade. From the slide set Notre Dame de Paris, Muse du Louvre. 1987.

The first 30 seconds of the videotaped interview with Leonard Bernstein in Interview with the Masters , Megalith Productions, Chicago, 1990.

4. Give as much detail as you can about how, why and when you want to use this material in your course.

   What course(s) will this material be used for? Cite the official course name and number. When will the course be offered?

   What is the format for your use? (slide duplicate, overhead projection, digital copy, posted on the course site, incorporated in a poster session, an interactive multimedia presentation, in a PowerPoint presentation, etc.)

   What purpose will it serve? (Illustrate the concept. . . Provide examples of... Stimulate discussion about...)

   How will students benefit from the use? (Students will be able to. . . recognize, critique, discuss, compare, etc.)

5. Assure them that you (or the institution) own a legally acquired copy of the material and (if it applies) that you are or have been using it in face-to-face classroom teaching of this subject matter.

6. If requesting permission for use in interactive video classes assure the copyright holder that the delivery system is a closed network and that students will be seeing the material during a synchronous class period while you are present.

7. If requesting permission for use on a WWW homepage or course site be sure to address the 'restricted access' questions: Is the site restricted to registered students or open to the public? Is it password protected?

 

Now that you have the basic idea and know what information you need to provide, use the Copyright Permission Letter Request Form to identify the copyright holder and create a request letter. If you need additional information, e-mail Rick Davis, cataloging librarian for Cook Library, at rkdavis@towson.edu or call 410-704-4116.

• Copyright Permission Letter Request Form