Respecting the Copyrights of Others

A copyright protects a wide variety of original creative work. Protected literary works include: books, training materials, computer programs, song lyrics, newspaper articles, and some types of databases. Protected dramatic works include dance choreography (including mime) and original music. Original artistic works protected include paintings, engravings, photographs, sculptures, architectural designs, technical drawings, diagrams, maps, and logos. Copyrights also protect published editions of works, specifically the style and layout of a particular publication. Sound recordings, too, are copyrighted, including tapes and compact discs, as well as approved recordings of other copyrighted works. Finally, films, videos, broadcasts and cable programs also come under copyright protection. You will need to get permission from the owner of the copyright to use any such material—or any part of it—unless the material is subject to a copyright exception.

In the majority of cases, assume that whenever you intend to copy or use copyrighted material you first need the permission of the copyright's owner. For instance, if you are copying large amounts of material and/or making multiple copies for distribution to colleagues or employees, it is likely that you will need such permission.

Simply buying or owning an original or copy of a copyrighted work does not give you permission to use it as you may see fit. For example, purchasing a copy of a book, a compact disc, video, or computer program does not necessarily convey the right to make copies—not even for private use. Nor does such a purchase necessarily convey the right to play or show copyrighted material in public. Indeed, in most cases, copyrights specifically prohibit such displays "without express permission," as the printed or spoken advisories typically state.

Similarly, other uses of copyrighted material—such as photocopying, scanning, or downloading from a CD-ROM or online database—all involve copying the work; in turn, permission is usually needed.

There are certain exceptions to copyright laws. "Fair use" is a legal concept that allows some unlicensed copying and other use without infringing on a copyright. Some copyrighted works may be copied (photocopied, for example) to a limited extent for research and private study without infringing copyright, even if for commercial purposes. Making single copies of short excerpts of a work, or a single article from a journal, may qualify as fair use, too. A noted exception to the fair use concept occurs when the work you are copying is from a database.

Other copyright exceptions also exist. One example would be a work being accidentally included in another artistic work, such as an audio recording, film broadcast, or cable television program.

Absolutely! If you wish to put copyrighted material on the Internet, or distribute or download material that others have placed on the Internet, you should always ensure that you first have the permission of the copyright owners.

Indiana University has a detailed step-by-step process that you might consider emulating. One of your first steps is to contact the copyright owner of the work in question to find out whether you need his or her permission to use it. You can either contact the owner directly (in writing is usually best) or you can contact one of the various copyright licensing bodies, if the owner belongs to one of them.

Approaching the copyright owner directly is more common. Simply ask for permission to use the material in the manner you describe. The permissions agreement, which should be written, is a contract between you and the copyright owner. There are standard forms available; many copyright owners may have their own customized form. Terms and conditions are negotiable, including the way the work is to be used and any permissions fee. There are no rules governing what terms and conditions are acceptable and what are not. In addition, terms and conditions are set forth solely at the discretion of the copyright owner.

If you need help determining who owns the copyright on a particular work, check with the U.S. Copyright Office. For a fee, it can conduct a search. Another way to achieve this is to approach an attorney who specializes in copyright work; the attorney, too, may charge a fee.

Sometimes copyright owners are members of collective licensing bodies that can be approached for a license. These organizations exist to license the use of music and sound recordings, printed material, artistic works and characters, broadcast material, films, and television listings.

The Music Publishers' Association (MPA), the National Music Publishers' Association (NMPA) and the American Society of Composers, Authors & Publishers (ASCAP) are three of the better known performing rights organizations that represent copyright owners. Each one can provide contact details of copyright owners themselves if you wish to photocopy printed music, arrange music, or use music in a film or commercial. These groups may be able to contact the copyright owner for you and/or license the use of the material in question. Expect to pay a fee, especially for the right to use music.

The U.S. Copyright Office is another good source to consult when seeking a copyright owner. As a rule, publishers of U.S. newspapers and magazines should be contacted directly. Most have standard procedures for copying their materials. U.S. TV stations also have standard procedures for using portions of their news broadcasts, and most have services that provide videotapes and DVDs—for a fee.

A principal issuer of copyright licenses in the United Kingdom is the Copyright Licensing Agency (CLA). A nonprofit agency, it licenses photocopying and scanning of books, journals, and periodicals by business organizations, educational groups and government. CLA also pays authors and publishers their share of the fees it collects for its service. The Newspaper Licensing Agency (NLA) licenses the photocopying, faxing, and digital copying of all of the United Kingdom's national newspapers and many regional and international newspapers.

Remember that copyright laws vary by country, and the differences can be significant. In turn, each nation has its own set of organizations that license copying and related uses of copyrighted materials. You can start to research this by going to the World Intellectual Property Organization.

It is vital to check with the copyright owner before using copyrighted material. If you don't, you're apt to be threatened with a fine for infringing on copyrighted work. The copyright owner's name should appear somewhere on the piece of work. If you cannot find it, contact the U.S. Copyright Office or relevant licensing body for help.

The U.S. Copyright Office can provide detailed information about copyright and may advise whether you will need to get copyright permission.

Even trivial use without permission should be avoided. For example, including only the smallest recognizable portion of the famed "Superman" logo without permission all but guarantees a terse "cease and desist" note from lawyers representing Time Warner, owner of the Superman copyright. Likewise, the National Football League zealously protects its "Super Bowl" copyright. Anytime you are using copyrighted material, you are using something that does not belong to you. Make sure you have permission to do so.

Stim, Richard. Patent, Copyright & Trademark: An Intellectual Property Desk Reference. 8th ed. NOLO, 2006.

American Society of Composers, Authors & Publishers: www.ascap.com/about/terms/copyright.html

Indiana University, Copyright Management Center: www.copyright.iupui.edu/permsec.htm

Music Publishers' Association: www.mpa.org

National Music Publishers' Association: www.nmpa.org/music101/copyrights.asp

U.S. Copyright Office of the Library of Congress: www.copyright.gov

U.S. Patent and Trademark Office: www.uspto.gov

World Intellectual Property Organization: www.wipo.int/copyright/en