Getting Permission: How to License & Clear Copyrighted Materials Online & Off

Overview

Whether creating a web site, an anthology, or materials for a class, artists and educators of every stripe need to copyright. People who plan to use any copyrighted material for their own purposes need to get permission first from the owners of that work. If they don’t, they could find themselves face to face with a lawsuit. Getting Permission, written by intellectual property expert Attorney Rich Stim, tackles the permissions process head on, explaining when authorization for the use of copyrighted materials is ...

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Getting Permission: How to License & Clear Copyrighted Materials Online & Off

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Overview

Whether creating a web site, an anthology, or materials for a class, artists and educators of every stripe need to copyright. People who plan to use any copyrighted material for their own purposes need to get permission first from the owners of that work. If they don’t, they could find themselves face to face with a lawsuit. Getting Permission, written by intellectual property expert Attorney Rich Stim, tackles the permissions process head on, explaining when authorization for the use of copyrighted materials is needed. It shines the light on who to ask for permission, as well as when—and how much—to expect to pay for permission. Comprehensive and easy to read, the book covers: the permissions process—including authorization to use text, photographs, artwork and music - the public domain - copyright research - fair us - academic permissions - the elements of a license and merchandise agreement - the use of a trademark or fictional character - and much more. This cutting-edge book, the only one on the market to cover web site permission, includes agreements for acquiring authorization to use text, photographs, artwork and music. It also provides information for web site owners, such as hyper-linking agreements and Internet research suggestions. A must for the new millennium, Getting Permission will help readers obtain rights, permissions and clearance—and stay out of legal hot water. All agreements included as tear-outs and on disk.

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Editorial Reviews

Midwest Book Review
"Creates a winning survey highly recommended for any general lending library...this comes from an attorney and is a 'must' for any seeking copyright and permission details."
Computer Currents
The book offers excellent advice and guidance for licensing content, transferring information and linking to other sites.
Tech Trends
The best guide to getting permissions of all types written to date.
The McHugh Memo
The book at the top of my recommendations is Getting Permission.... I have waited a long time for a book of this excellence, depth and breadth in rights and permissions. Stim has written an extraordinarily helpful book.
Computer Currents
The book offers excellent advice and guidance for licensing content, transferring information and linking to other sites.
Tech Trends
The best guide to getting permissions of all types written to date.
The Indie Band Survival Guide
We recommend a detailed book on the subject, Getting Permission: How to License & Clear Copyrighted Materials Online & Off...
The McHugh Memo
The book at the top of my recommendations is Getting Permission.... I have waited a long time for a book of this excellence, depth and breadth in rights and permissions. Stim has written an extraordinarily helpful book.
— John B. McHugh
Training Magazine
A comprehensive book you can turn to for guidance.
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Product Details

  • ISBN-13: 9781413312706
  • Publisher: NOLO
  • Publication date: 11/3/2010
  • Edition description: Fourth Edition
  • Edition number: 4
  • Pages: 464
  • Sales rank: 414,280
  • Product dimensions: 7.92 (w) x 11.80 (h) x 0.98 (d)

Meet the Author

Richard Stim specializes in small business, copyright, patents, and trademark issues at Nolo. He practices law in San Francisco and has represented photographers, software developers, crafts people, publishers, musicians, and toy designers. He is the author of many books, including Whoops I'm in Business, Music Law, and Profit From Your Idea. Stim also produces audiobooks, and performs and records with two bands, MX-80 and angel corpus christi.
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Table of Contents

Your Legal Companion

1. Introduction to the Permissions Process

Permission: What Is It and Why Do I Need It?The Basics of Getting Permission
Overview of Intellectual Property Laws
Permission Tools: Licenses and Releases

2. Getting Permission to Use Text
Who Owns the Text?
Start With Online Permission Services
Locate the Publisher
Contact the Author
Special Situations: Ann Landers and Beyond
When You Can't Find the Rights Holder
Paraphrasing, Omissions, and Facts
Negotiating Text Permission and Fees

3. Getting Permission to Use Photographs
The World of Stock Photos
Obtaining Rights to a Photo You've Found
Celebrity Photos and Movie Stills
Using Photo Researchers
Photo Fees
Photo Permission Agreements
When the Photograph Contains Art, Trademarks, or People
Stock Photo Resources

4. Getting Permission to Use Artwork
Acquiring Rights to Artwork
Fine Art: Paintings, Sculptures, and Limited Editions
Graphic Art
Comics and Cartoons
Royalty-Free and Public Domain Clip Art
Researching Art
Artwork Fees and Agreements
Artwork Resources

5. Getting Permission to Use Music
Acquiring Rights to Music
Song and Sound Recording Copyrights
Reprinting Music or Lyrics
Playing Music at a Business or Event
Releasing Music for Sale
Using Music in a Commercial, Radio Show, or as Background Music
Using Music in a Film, Television Show, or Video
Performing a Musical or Play
Using Music in Software, Videogames, or Multimedia Programs
Using Music on a Website
Using Music Samples
Finding Music Publishers
Finding Record Companies
Music ClearanceCompanies
Music Resources

6. Website Permissions
Websites: Five Ways to Stay Out of Trouble
Transferring Information to and From a Website
Connecting to Other Websites

7. Academic and Educational Permissions
Academic Coursepacks
Educational Uses of Noncoursepack Materials
Proposed (But Not Adopted) Educational Guidelines on Fair Use
Library Photocopying
Academic Permission Resources

8. The Public Domain
Welcome to the Public Domain
Public Domain Trouble Spots

9. Fair Use
What Is Fair Use?
Measuring Fair Use: The Four Factors
Summaries of Fair Use Cases
Disagreements Over Fair Use: When Are You Likely to Get Sued?

10. Getting Permission to Use Trademarks
Trademark Basics
When You Need Permission to Use a Trademark
Locating a Trademark Owner
Trademark Licensing

11. Art and Merchandise Licenses
Overview of Merchandise Licensing
Merchandise License Agreement
Explanation of Merchandise License Agreement
Merchandise License Worksheet
Short-Form Merchandise License Agreement

12. Releases
Legal Risks of Failing to Obtain a Release
When to Use a Release
Personal Release Agreements
Interview and Property Releases

13. Copyright Research
Copyright Ownership and Transfers FAQs
Starting Your Copyright Research
Searching the Copyright Office and Library of Congress Records

14. After Permission Is Granted
Permissions Tracking Sheet
Good Permissions Gone Bad
Insurance

15. Assignments and Works Made for Hire
Copyright Assignments
Works Made for Hire

16. Help Beyond This Book
Resources for More Detailed Permissions Research
Conducting Legal Research
Working With an Attorney

A. Appendix: How to Use the CD-ROM

Index
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