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

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

by Richard W. Stim




If you plan to use any copyrighted material for your own purposes, you need to get permission first from the owners of that work. If you don't, you could find yourself slapped with a lawsuit.

Getting Permission tackles the permissions process head on. It shines the light on whom 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

the public domain

copyright research

fair use

academic permissions

the elements of a license and merchandise agreement

the use of a trademark or fictional character

and much more

Getting Permission includes agreements for acquiring authorization to use text, photographs, artwork and music. All agreements included as tear-outs and on CD-ROM.

The 3rd edition of this essential book is completely updated to reflect the latest laws and court decisions.

Product Details

ISBN-13: 9781413300741
Publisher: NOLO
Publication date: 09/28/2004
Edition description: REV
Pages: 312
Product dimensions: 8.50(w) x 11.00(h) x 0.50(d)

About 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.

Table of Contents

1Introduction to the Permissions Process
APermission: What Is It and Why Do I Need It?2
BThe Basics of Getting Permission2
COverview of Intellectual Property Laws7
DPermission Tools: Licenses and Releases7
EHow to Use This Book8
2Getting Permission to Use Text
AWho Owns the Text?3
BStart With Online Permissions Services4
CLocate the Publisher5
DContact the Author8
ESpecial Situations: Ann Landers and Beyond9
FWhen You Can't Find the Rights Holder13
GParaphrasing, Omissions, and Facts15
HNegotiating Text Permission and Fees17
3Getting Permission to Use Photographs
AThe World of Stock Photos3
BObtaining Rights to a Photo You've Found7
CCelebrity Photos and Movie Stills8
DUsing Photo Researchers9
EPhoto Fees10
FPhoto Permission Agreements14
GWhen the Photograph Contains Art, Trademarks, or People20
HStock Photo Resources23
4Getting Permission to Use Artwork
AAcquiring Rights to Artwork3
BFine Art: Paintings, Sculptures, and Limited Editions3
CGraphic Art6
DComics and Cartoons7
ERoyalty-Free and Public Domain Clip Art9
FResearching Art10
GArtwork Fees and Agreements12
HArtwork Resources20
5Getting Permission to Use Music
AAcquiring Rights to Music3
BSong and Sound Recording Copyrights3
CReprinting Music or Lyrics8
DPlaying Music at a Business or Event14
EReleasing Music for Sale17
FUsing Music in a Commercial, Radio Show, or as Background Music21
GUsing Music in a Film, Television Show, or Video22
HPerforming a Musical or Play38
IUsing Music in Software, Videogames, or Multimedia Programs39
JUsing Music on a Website40
KUsing Music Samples43
LFinding Music Publishers46
MFinding Record Companies46
NMusic Clearance Companies47
OMusic Resources47
6Website Permissions
AWebsites: Five Ways to Stay Out of Trouble2
BTransferring Information to and From a Website5
CConnecting to Other Websites9
7Academic and Educational Permissions
AAcademic Coursepacks2
BEducational Uses of Noncoursepack Materials14
CProposed Educational Guidelines on Fair Use16
DLibrary Photocopying18
EAcademic Permission Resources19
8The Public Domain
AWelcome to the Public Domain2
BPublic Domain Trouble Spots9
9Fair Use
AWhat Is Fair Use?2
BMeasuring Fair Use: The Four Factors3
CSummaries of Fair Use Cases5
DDisagreements Over Fair Use: When Are You Likely to Get Sued?9
10Getting Permission to Use Trademarks
ATrademark Basics3
BWhen You Need Permission to Use a Trademark7
CLocating a Trademark Owner14
DTrademark Licensing15
11Art and Merchandise Licenses
AOverview of Merchandise Licensing3
BMerchandise License Agreement6
CExplanation of Merchandise License Agreement21
DMerchandise License Worksheet32
EShort-Form Merchandise License Agreement35
ALegal Risks of Failing to Obtain a Release2
BWhen to Use a Release4
CPersonal Release Agreements6
DInterview and Property Releases13
13Copyright Research
ACopyright Ownership and Transfers FAQ2
BStarting Your Copyright Research5
CSearching the Copyright Office and Library of Congress Records7
14After Permission Is Granted
APermissions Tracking Sheet2
BGood Permissions Gone Bad4
15Assignments and Works Made for Hire
ACopyright Assignments2
BWorks Made for Hire8
16Help Beyond This Book
AResources for More Detailed Permissions Research2
BConducting Legal Research3
CWorking With an Attorney4
AHow to Use the CD-ROM
Text Permission Worksheet
Text Permission Letter Agreement
Text Permission Agreement
Photo Permission Worksheet
Photo Permission Agreement
Artwork Permission Agreement
Agreement to Use Artwork in Motion Picture
Lyric Permission Letter Agreement
Notice of Intention to Obtain Compulsory License for Making and Distributing Sound Recordings
Music Synchronization and Videogram License Agreement
Master Use and Videogram License
Linking Agreement
APS/CCC Coursepack Agreement
Coursepack Permission Request Form
Coursepack Permission Agreement
Basic Permission to Use a Trademark in a Book or Magazine
Basic Permission to Use a Trademark in a Movie
Basic Permission to Use a Trademark in a Photograph or Artwork
Trademark License Agreement
Merchandise License Agreement
Merchandise License Worksheet
Short-Form Merchandise License Agreement
Unlimited Personal Release Agreement
Limited Personal Release Agreement
Interview Release Agreement
Property Release Agreement
Search Request Form
Permissions Tracking Sheet
Basic Copyright Assignment
Musician Assignment Agreement
Artwork Assignment Agreement
Work-Made-for-Hire Agreement

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