Always Get Permission to Use Other People’s Content

The copyright owner of content has the exclusive rights to reproduce, adapt, publicly distribute, publicly perform, and publicly display the work, or authorize others to engage in these activities.

If you want to do any of these activities with content that you do not own, regardless of where or how you found the content, you must get permission from the copyright owner.

Getting permission isn’t always easy, but it is the only way to ensure you are legally and ethically using other people’s content.

How to Get Permission

1. Identify the owner.

Look for the © copyright notice. Remember though, neither the lack of a copyright notice nor the lack of registration in the Copyright Office means the work is in the public domain.

Also, the name on a copyright notice may not be the current owner. Copyright owners can transfer some or all of their rights to others through licensing or assignment. Only the current copyright owner of the exact material that you want to use can grant permission for its use.

2. Identify the rights needed.

Identify how, where and the length of time you need permission to use the content. The rights you need if you want to use the content in an online course are vastly different than the rights you need to use the content during a TEDx talk.

Think proactively but realistically. While it is tempting to get the broadest permission possible—"all rights now known or hereafter devised, worldwide in perpetuity”—let’s just say that you pay for what you get. This will be important in negotiating the permission letter and fee with the owner.

3. Contact the owner and negotiate whether payment is required.

Provide detailed information about who you are and how you intend to use the content, the intended audience, and whether it will be distributed for free (such as a TED talk) or sold (your online course).

If and how much you have to pay for permission to use the content will probably be the most heavily negotiated point. Generally, if you are consuming my content, you want to use the material for profit making purposes, whether directly or indirectly.

Although many owners will grant permission to use minor portions of a work for free, you should expect to pay something. The fee might be minimal or even a thank you. I recently agreed to let someone use some of my content in exchange for a testimonial.

That said, the more impactful the use—e.g., the larger the audience or the more you are charging for your use--the more you should be prepared to pay for permission.

4. Get your permission in writing.

Yes, you can get legally enforceable permission to use content through an oral agreement. Don’t do it.

• When you get permission in writing, you can be certain that all parties share the same understanding of the terms.

• If you do need to enforce the permission, you have written evidence.

• When your TEDx course goes viral, the copyright owner is sure to come with his hand out. Make sure you have a written agreement to protect your use.

Don’t let the fear of contracts keep you from seeking permission. There is rarely any need for a permission to exceed two pages.

5. Be patient.

Start this process well in advance of when you plan to use the material. The first person you contact may not have the authority to grant permission and may need to refer you to someone else.

BE AWARE: There is no defense for copyright infringement. Ignorance is not an excuse. Good intentions are not an excuse. Infringing copyright in the United States can have serious civil and criminal consequences, including large monetary fines and imprisonment.

Looking for a step-by-step guide to getting permission?

Click here to get The Guide to Getting Permission to Use Content You Don’t Own. It includes everything you need to determine the copyright status of a work and how to request permission to legally use it so you’ll never find yourself facing copyright infringement charges or paying hefty legal fees.

IP is Fuel 🚀

Erin