Copyright Permissions: A Brief Overview

Prepared by the:

Copyright Management Center
Indiana University-Purdue University at Indianapolis
530 West New York Street
Indianapolis, Indiana 46202-3225
(317) 274-4400

July 26, 2000

COPYRIGHTS AND PERMISSIONS

When creating a report, research paper, or other project, you will often need to use someone else's research or ideas in support your project. You should acknowledge and cite the work to give appropriate credit, either by using footnotes, a bibliography, or other similar notices. Merely crediting someone else is essential for intellectual and ethical reasons. With respect to copyright obligations, however, citation is not enough. If the work is copyright protected, you also may need to secure permission from the copyright holder to use the work.

For example, if you paraphrase a portion of a book, you most likely do not need permission—the idea is not protected by copyright. However, a particular expression of that idea can be protected under copyright law. Thus, if you make direct quotations from another book to include in your publication, you are likely reproducing copyrighted expression. In this case you may need permission to use that quotation in order to avoid copyright infringement.

Reproducing part or all of a copyrighted work without permission is just one example of possible copyright infringement. You may need permission whenever your use of a work implicates any of the exclusive rights granted to a copyright holder:

Reproducing,
Adapting or modifying (the creation of "derivative" works),
Distributing to the public,
Publicly performing, or
Publicly displaying

WHAT WORKS ARE PROTECTED BY COPYRIGHT?

Be aware that under current law copyright is automatic. The author or creator does not have to ask for copyright or formally apply for it. Therefore, almost all recent works are protected by copyright. Copyright law protects more than just text sources—artwork, sound recordings, video recordings, and other works can also be protected by copyright.

There are some items that are NOT protected by copyright. These works may be used freely without obtaining permission. Examples are:

Works by the United States Government
Facts
Ideas
Works that lack originality (for example, the phone book)
Works for which copyright has expired (works in the public domain)

WHEN MIGHT I USE A COPYRIGHTED WORK WITHOUT PERMISSION?

Certain exceptions in the copyright law allow you to use certain works under certain conditions without obtaining permission. These exceptions often apply in educational settings. The most widely used exception is fair use, based on the United States Code, Title 17, Section 107.

Fair use is based on four factors:

What is the purpose of the use?
What is the nature of the work to be used?
How much of the work will you use?
What effect could using this work have on the market for the original work?

If your use of a work is within fair use, you do not need permission.

HOW DO I SECURE PERMISSION TO USE A COPYRIGHTED WORK?

Coursepacks
Course reserves and course handouts (print or electronic)
Faculty or graduate websites and electronic mailing lists for teaching or research
Distance learning (via video, websites, or electronic mailing lists)
Multimedia projects
Research copies
Reproduction of materials in publications (print or electronic)

If you have determined that the work you want to use is protected under copyright law, and that your use is not within fair use or any other exception, the next step is to obtain permission. You need to identify the copyright holder and obtain permission from that person or organization. Note that a copyright holder may be an individual, or individuals, an organization, or a company. The copyright owner may require conditions with the permission—as to how an excerpt can be used, how acknowledgements should be specified, or even a fee to use a part of, or a whole, work. It is also important to document the steps of your permission quest. These records may be helpful if any legal complications arise from your use of a work.

For further explanations about how to find copyright holders and for sample permission letters to send to copyright holders, visit the Copyright Management Center website.