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Permissions Guide
There will always be times when your proposed use requires the permission of the copyright holder. If you have reached this point in the tutorial, then presumably you have concluded that you need to ask for permission.
If you wish to pursue permission for your use, you will need to identify and locate the copyright holder, a task often easier said than done. Sample letters and suggestions are located below and can be modified for your particular situation. Allow yourself plenty of time and patience.
Frequently Asked Questions About Permissions
2. What if there is no response?
3. What if the work is out of print? Is that the same as out of copyright?
1. What if my permission request is denied but now I believe fair use or a specific provision of the copyright law applies? Am I disadvantaged because I asked?
Previous payment of a fee or even outright denial of permission does not preclude you from exercising your rights under the copyright act. You can still employ an appropriate specific provision or the fair use provision and there is no presumption against you for having asked permission.
2. What if there is no response?
Lack of response does not translate into a passive grant of permission to use. If your proposed use exceeds all provisions of the law, including fair use, you probably need to direct your students to a link to the work, find another work to use, or modify your proposed use to fit within fair use.
3. What if the work is out of print? Is that the same as out of copyright?
“Out of print” is not the same as “out of copyright.” An out of print work may still be protected by copyright and should be approached the same as a work still in print.
4. What if I can’t find current contact information for the copyright holder? For example the publisher is out of business or the author is deceased.
Such situations present the problem of a work whose copyright holder cannot be located, despite reasonable efforts. The US Copyright Office has recognized this problem, calling such works “orphan works.” Much work is currently being done to create an exception in the law that would encourage uses of such works by mitigating the liability risk.
At the present time, however, educators and libraries must make individual decisions concerning their use of such works, including evaluating the risk of liability. Those who proceed with their use should document and preserve their efforts to locate the copyright holder.
• Request for Permission for Classroom Use
• Request Permission to Duplicate Copyrighted Material
• Agreement to Permit Duplication and Use of Copyrighted Works
• License for NC State to Use Contribution of Author in a Workshop
• Permission to Copy, Distribute, and Display a Copyrighted Work
• Sample Copyright Assignment Form
Helpful Permission Sites