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Tips on Seeking Permission from Copyright Owners

1. When do I need to get permission?

If you are using copyright material from other sources (i.e. third party material) that is more than a couple of quotes or is a greater amount than is allowed under the licences, you may need permission from the copyright owners
Check whether the material you want to use is within the duration of copyright protection. If it is out of copyright, you would not need to get permission.
If material is being published or made available online the Fair Dealing or Educational Licence exceptions may not apply.
This applies even where creating a new work from the material taken eg redrawing a diagram, image or table based on the original copyright work. You still will need permission for this use

2. What kinds of material do I need permission to use?

Example 1: Quotes, tables, extracts of text and data in publication

Typically publishers may require permission for quotes of between 50-100 words from a single source
This depends on the publisher. You will need to check what their requirements are
Tables are considered literary works under copyright law

Example 2: Using photos, images or diagrams from print sources

Diagrams are artistic works under copyright law. You cannot simply redraw or reproduce without permission
A photo of a painting could include copyright in the underlying painting and separate copyright in the photo
Even if the painting is out of copyright, the photo may still be protected by copyright

Example 3: Using images, photos or diagrams from online sources

You can not assume images on the internet are free to reproduce
Need permission as for print sources
Is the image from a legitimate source? Is it online with the permission of the copyright owner?
You should not use unauthorised images in research
If the image is from an image database or obtained under a licence eg creative commons or flickr, you must follow the relevant terms and conditions of that database or licence

Example 4: Survey questions and instruments in your research

If you use a survey instrument or questions from other sources, you will need permission to use this material
If you purchase a survey online, you need to follow the terms and conditions of purchase eg psychological tests sold online for use in teaching may not be available for research purposes

Example 5: Copying extracts from a DVD that I have purchased or borrowed

There is no licence that allows staff to copy DVDs or videos for educational purposes
Permission must be obtained from the copyright owner of the film or TV program. This is usually the producer or the film studio.
It can be difficult to obtain permission. It may be preferable to simply show the DVD in class and not copy it, or to use broadcast material copied under the Screenrights Licence. This can be edited and copied for use in class.

Example 6: Using photos, stills of film or TV shows or diagrams in publicity for your course

There is no licence exception for the use of copyright material that is distributed to people other than Monash students and staff
A still from a movie or a TV show used to promote your course could be an infringement unless you have obtained permission
Copyright still applies to photos/images that are freely available on the web. Just because material is online does not mean that you can use it without permission.

Example 7: Copying more than 10% or one chapter of a work that is commercially available

The CAL Licence limits copying to 10% of the total number of pages in a work, or one chapter. If you want to copy more than one chapter for your students you would need to get permission from the copyright owner
The copyright owner will usually be the publisher
You can copy more than 10% or one chapter under the licence if the book is out of print. Get the library to check this for you.

Example 8: Making translations or adaptations of material for class

Although you can reproduce and communicate material for students under the CAL Licence, this applies only to work that is not changed. Once you make changes to the wording or make a translation or adaptation of the work, this falls outside the terms of the CAL licence.
You may copy different pages or extracts of a work under the CAL licence, as long as you are not modifying the work.

3. Who is the copyright owner?

Usually the creator or author of work BUT

An employer usually owns copyright in work made by employees as part of their duties
The copyright owner can assign (sell) rights eg author assigns copyright to publisher
The copyright owner can licence (rent) rights eg author licences company to perform script for a limited period of time
There is no register or list of records of Copyright owners
Check for the copyright symbol and the name © Megan Deacon 2007 – this can be an indication of the copyright owner. But it may not always be correct.
Publishers are often the copyright owners
Production companies will often be copyright owners of film and TV programs. They may know the copyright owner if they cannot give permission themselves.
Galleries or museums may be able to give permission for artistic works or put you in touch with the copyright owner.
For websites contact the webmaster. Although they may not be the copyright owner, they may have contact details for owners.
If there is no citation information on a website, such as the name of the copyright owner, this could indicate the material is online without permission

Collecting societies may have information about copyright owners and how you can ask for permission. In some cases they may licence the material for use themselves:

Artistic works from Viscopy
Photographs from AIPP and APACA
Musical works and sound recordings from APRA/AMCOS
Print material from CAL
Broadcast material from Screenrights

Keep a record of any searches or attempts to contact the copyright owner and any records relating to the permissions process.

4. Express permissions

Many websites have copyright information in their footers or on the home page
These may give express permission to copy information from the website with different conditions
You can use this material if you follow those terms and conditions
Keep a print out of the website terms
Software licences may allow copies to be made for research or teaching. You would need to keep a written record of the terms of permission
CD-ROMs or DVDs of materials may allow reproduction in research or teaching. Again you would need to check the terms of use
Material could be available under a Creative Commons, GNU/GPL or other licence. You would need to be very careful about the licence terms. For example, can you change material? Must you make the new material you create available under same terms?

5. Writing to copyright owners

Use email as you then retain a record of your correspondence.
You may need to follow up with a phone call to remind copyright owners of your request.

Often publisher websites or those of other organisations will have an email address or an online form for permission requests.

Leave yourself plenty of time for permission – the copyright owner may be difficult to find or may not respond
You cannot assume permission is granted because you do not get any reply to your request

6. What do I include in my permission request?

Your name and contact details
Your organisation i.e. Monash University
How you wish to use the material eg online access to the public in a thesis, journal article, online access to students in your course, in a unit guide
What format it will be reproduced in eg Print only or online
Where it is to be published or made available eg online thesis repository, journal, book chapter, online in a password protected system (MUSO), in a limited number of course handbooks printed and sent out to students
Whether use is non-commercial or for educational purposes only
Why you want to use the material eg good example of research, illustrates your hypothesis good example for students, summarises your approach to this issue in this course etc.
Number of copies made or number of users with access to the material
If changes are made to the material, why those changes are important – or that no change will be made and the material will be reproduced in full
That full credit for the source will be given and the acknowledgement will be in the form that the copyright owner requires

Template Permission Request Letter for use in teaching

Template Permission Request Letter for use in research

Template for Permission to use web materials for teaching