When do I need to get permission to use copyrighted material?
In situations where none of these apply, seek permission:
- you are the copyright holder
- the work is in the Public Domain
- it’s for face-to-face teaching
- it’s for an online use and covered by the TEACH Act
- Fair Use applies
- there is a license, such as Creative Commons or a library subscription, that allows this reuse
Copyright law sets forth rights in both foreign unpublished and published works. Copyright was restored to many foreign works that were previously in the public domain in 1996 under the GATT and NAFTA international trade treaties.
Whom should I contact to obtain copyright permission or license to use materials?
Look for the image attribution and contact that person/organization. Sites, like Flickr, let you message the contributor directly through their site.
Many published works contain a link from their own website to request permissions (link may say “Get rights,” “Permissions,” “Reprints,” or similar). You may need to set up a (free) account with RightsLink to complete the request. If permission is granted, copyright owners will often issue a license for the use and fees may apply.
Alternatively, look up the journal, if the material originally appeared in one, in Ulrich’s Periodical Directory for contact information. Use this sample permission request letter, if you are not provided a form to fill out.
If I don’t know or remember the source, do I need permission?
Yes, if you do not remember the source, you must make every effort to track it down. If you cannot do so, you cannot use the material. It is always a good idea to keep a record of the source of all your material.