Grab the “Can I use your copyrighted materials?” email template
So you can quickly and easily ask permission to use someone else’s work.
Your privacy is important to us. Learn how we protect it here.
They told us to do a Google Search and download and print any pictures we wanted to use. And that it was okay because they were online so they were safe to use.
I start rolling my eyes into the phone. And my usual rant starts forming in my mouth.
Luckily my mom has heard my rant on this topic far too many times. She knows that too many people assume that anything on the Internet is a-okay to use.
So before I dive into my rant, she assured me that she knew this wasn’t right because of everything I’ve told her. And that she had told the workshop instructor that not everything online was safe to use. To which he responded,
Well, even if it isn’t, you are using it in the classroom, so it’s okay.
Yes, when your use is fair use, you are not committing copyright infringement. But…that’s something you have to convince either the original creator’s attorney or a judge. It’s not the magic wand that many people assume it is.
So rather than having to rely on fair use, isn’t it better to be proactive and get permission?
How to get permission to use copyrighted material
There are 5 steps that you’ll follow to get permission to use someone else’s copyrighted work:
- figure out if you need to ask permission
- figure out who owns the copyright
- decide what you want permission to do
- come to an agreement with the copyright owner
- confirm your agreement in writing
Step 1: Figure out if you need to ask permission
For this one, we are going to start with the premise that you need to ask for permission. The only times that you won’t need to do so are when:
- the work is in the public domain
- your use is clearly fair use
- your use is pre-authorized (usually because it’s licensed via Creative Commons or a stock agency)
If you fall outside of those three areas, you should move onto Step 2.
Step 2: Figure out who owns the copyright
Sometimes this will be simple. If it’s a published book, you can go to the book’s copyright page. If it has a copyright notice, you can Google the contact information for the person listed. But many times, this will take some elbow grease.
- For text, you can use Google or services like Copyscape to find the original author.
- For images, you can perform a reverse image search.
- For music, you can check the title of the song in the ASCAP or BMI database.
- And when all else fails, you can search the Copyright Office’s database.
Grab the “Can I use your copyrighted materials?” email template
So you can quickly and easily ask permission to use someone else’s work.
Your privacy is important to us. Learn how we protect it here.
Step 3: Decide what you want permission to do
Before you contact the copyright owner, you need to get specific on what you will be using their work for. So you should know the answers to the following questions:
- how much of their work do you want to use?
- what specific pages/images/content do you want to use?
- how long do you need permission to use the work?
- where will you be using the work (describe the product or service)?
- will you be charging for the resulting product/service? If not, how will it benefit others?
- where will you be distributing the resulting product/service? Online? In real life? If a physical item, how many will you be producing?
- how and where do you plan on crediting the original creator?
Step 4: Come to an agreement with the copyright owner
Now it’s time to contact the copyright owner and ask if you can do the things you want to do.
You can start off informally by sending an email or making a phone call. Or you can send a letter if that’s more your style. Here and here are examples of what this might look like.
No matter the style, you’ll want to spell out the specifics you determined in Step 3. And wrap up by asking them if this will be okay and what compensation they would require for those uses.
You should always expect to pay for your use, even if you are using it for non-commercial purposes.
Yes, it would be awesome if the creator allowed you to use it for free, but it’s their option to do so. You shouldn’t assume that they will work for free, just because you aren’t making any money off of it. They’ve used their skills, talents, time, and equipment to create the work you want to use. So respect their craft by assuming that you’ll be paying for their work.
Step 5: Confirm your agreement in writing
Once you come to an agreement, you’ll want to make sure this agreement is in writing.
Remember that your agreement doesn’t have to be stuffed with legalese. It can be as simple as sending an email confirming what you agreed to and closing with a request that they respond “yes”. If you want to get formal you can write something up and both of you can sign using a service like HelloSign.
Because my mom doesn’t want to spend her time asking permission, I taught her how to search Flickr for Creative Commons images. I taught her how to search for CC-BY licensed images by picking “Commerical use & mods allowed”. Which allows her to use them in any way she’d like in her classroom as long as she provides credit.
What process do you use in your business to request to use other’s work? What process are you going to create? Let us know in the comments.
Grab the “Can I use your copyrighted materials?” email template
So you can quickly and easily ask permission to use someone else’s work.
Your privacy is important to us. Learn how we protect it here.
