“The best guide to getting permissions of all types written to date.” TECH TRENDS Attorney Richard Stim, author of the “Dear Rich” blog Getting Permission • Create a solid licensing agreement • Understand the public domain and fair use • Determine copyright ownership 4TH EDITION How to License & Clear Copyrighted Materials Online & Off A L L F O R M S O N C D - R O M L L F O R C D - R O M Free Legal Updates at Nolo.com N O L O ® e Story Dear friends, Founded in 1971, and based in an old clock factory in Berkeley, California, Nolo has always strived to off er clear legal information and solutions. Today we are proud to off er a full range of plain-English law books, legal forms, software and an award-winning website. Everything we publish is relentlessly researched and tested by a dedicated group of in-house legal editors, who together have more than 150 years’ experience. And when legal changes occur after publication, we promptly post free updates at Nolo.com. 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Stim, Richard. Getting permission : how to license & clear copyrighted materials online & off / by Richard Stim. –4th ed. p. cm. Includes index. Summary: “A thorough guide for understanding how to acquire rights to books, fi lms, music and other content. The fourth edition will be completely updated and will contain a wide collection of practical, real-life FAQs build upon Dear Rich blog questions” Provided by publisher. ISBN-13: 978-1-4133-1270-6 (pbk.) ISBN-10: 1-4133-1270-5 (pbk.) 1. Copyright licenses United States Popular works. 2. Trademark licenses United States Popular works. I. Title. KF3002.S75 2010 346.7304'82 dc22 2010008717 Copyright © 2001, 2004, 2007, and 2010 by Richard Stim. All rights reserved. The NOLO trademark is registered in the U.S. Patent and Trademark Offi ce. Printed in the U.S.A. No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise without prior written permission. Reproduction prohibitions do not apply to the forms contained in this product when reproduced for personal use. For information on bulk purchases or corporate premium sales, please contact the Special Sales Department. Call 800-955-4775 or write to Nolo, 950 Parker Street, Berkeley, California 94710. Please note We believe accurate, plain-English legal information should help you solve many of your own legal problems. But this text is not a substitute for personalized advice from a knowledgeable lawyer. If you want the help of a trained professional—and we’ll always point out situations in which we think that’s a good idea—consult an attorney licensed to practice in your state. Acknowledgments Thanks to those who provided me with helpful information in various chapters and to all the “Dear Rich” blog readers who have provided helpful advice. About the Author Richard Stim is an attorney and editor at Nolo. He is the author of several Nolo books, including Music Law: How to Run Your Band’s Business, Patent Pending in 24 Hours, and Patent, Copyright & Trademark: An Intellectual Property Desk Reference. He is also the author of the “Dear Rich” blog (www. patentcopyrighttrademarkblog.com). Table of Contents Your Legal Companion 1 1 Introduction to the Permissions Process 9 Permission: What Is It and Why Do I Need It? 10 e Basics of Getting Permission 10 Overview of Intellectual Property Laws 17 Permission Tools: Licenses and Releases 18 2 Getting Permission to Use Text 21 Who Owns the Text? 23 Start With Online Permission Services 24 Locate the Publisher 26 Contact the Author 30 Special Situations: Ann Landers and Beyond 32 When You Can’t Find the Rights Holder 43 Paraphrasing, Omissions, and Facts 45 Negotiating Text Permission and Fees 49 3 Getting Permission to Use Photographs 65 e World of Stock Photos 67 Obtaining Rights to a Photo You’ve Found 74 Celebrity Photos and Movie Stills 75 Using Photo Researchers 78 Photo Fees 78 Photo Permission Agreements 84 When the Photograph Contains Art, Trademarks, or People 91 Stock Photo Resources 95 4 Getting Permission to Use Artwork 97 Acquiring Rights to Artwork 99 Fine Art: Paintings, Sculptures, and Limited Editions 100 Graphic Art 104 Comics and Cartoons 105 Royalty-Free and Public Domain Clip Art 107 Searching for Art 110 Artwork Fees and Agreements 113 Artwork Resources 122 5 Getting Permission to Use Music 125 Acquiring Rights to Music 127 Song and Sound Recording Copyrights 128 Reprinting Music or Lyrics 134 Playing Music at a Business or Event 142 Releasing Music for Sale 147 Using Music in a Commercial, Radio Show, or as Background Music 154 Using Music in a Film, Television Show, or Video 155 Performing a Musical or Play 172 Using Music in Software, Videogames, or Multimedia Programs 174 Using Music on a Website 175 Using Music Samples 179 Finding Music Publishers 183 Finding Record Companies 184 Music Clearance Companies 184 Music Resources 184 6 Website Permissions 187 Websites: Five Ways to Stay Out of Trouble 188 Transferring Information to and From a Website 192 Connecting to Other Websites 199 [...]... would not otherwise be permitted to do For example, you need a driver’s license to give you the right to drive a car The owner of a copyrighted work can authorize someone else to use the work by granting a license to the user For example, the owner of a photograph copyright can grant a license to someone else who wants to reproduce the photograph on greeting cards If no license has been given, the copyright... still have a right to use a work if permission can be inferred from the conduct of the parties EXAMPLE: Sam is writing a book and asks for permission to reproduce Tom’s photo Tom quotes Sam a fee of $100, which Sam sends to Tom After receiving the payment, Tom sends the photograph to Sam Although they never put an agreement into writing, a permission agreement may be inferred from Tom’s conduct Chapter... Files to Create Documents .431 Files on the Cd-Rom 433 Index 435 Your Legal Companion From the Indies to the Andes, what a mission Stopping only now and then to do some fishing And he went without a copyright permission What a very daring thing to do “From the Indies to the Andies in His Undies” by Lawrence Royal, Ernie Burnett, and William E Faber © Rialto... Chapter 12.) Permission Tools: Licenses and Releases Obtaining permission to use a protected work requires entering into an agreement with the owner of that work Your agreement may give you the right to use the work (a license ) or it may be a promise that the owner will not sue you for an unauthorized use (a “release”) Licenses and Clearances A license is the legal right to do something that you... Permission Tools: Licenses and Releases 18 Licenses and Clearances 18 Releases 19 10 | Getting Permission T his chapter offers an overview of the whole process, explaining the purpose and legal basis for permission, as well as the potential risks of operating without permission It also serves as a guide to using this book Permission: What Is It and Why... 297 Overview of Merchandise Licensing 299 Merchandise License Agreement .305 Explanation of Merchandise License Agreement 323 Merchandise License Worksheet 337 Short-Form Merchandise License Agreement 340 12 Releases 347 Legal Risks of Failing to Obtain a Release .348 When to Use a Release ... give you 90 days to repay the check and get back into the dispute Check your state’s Uniform Commercial Code (UCC Section 3-311) Get It in Writing Relying on an oral agreement or under standing is almost always a mistake You and the rights owner may have misunder stood each other or remembered the terms of your agreement differently This can lead to disputes If you have to go to court to enforce your... Permission Agreement 55 T Chapter 2 | Getting Permission to Use Text | 23 his chapter covers how to get permission to use text—whether from a book, magazine, newspaper, newsletter, website, or journal This chapter will help you identify the company or person who owns the rights to the text (the “rights holder”) and offers suggestions for how to make your permissions request It also discusses... article and complete an online form If the work is part of the service’s online database, you can usually obtain permission within one or two days (sometimes immediately) and pay for the rights you need by credit card Acting as the agent and broker for publishers and authors, these permission services allow you to pick and click your way through millions of works, including books and journal and magazine... the unauthorized use of the work, referred to as “infringement.” Chapter 1 | Introduction to the Permissions Process | 19 The terms license and “permission agreement” are often used interchangeably You may also find that, in some situations, a license or permission agreement is referred to as a “clearance agreement.” “Clearance” is a general term used to describe the process by which permission . Richard. Getting permission : how to license & clear copyrighted materials online & off / by Richard Stim. 4th ed. p. cm. Includes index. Summary: “A thorough guide for understanding how. books and software.” LOS ANGELES TIMES e Trusted Name (but don’t take our word for it) 4th edition Getting Permission How to License & Clear Copyrighted Materials Online & Off by. Omissions, and Facts 45 Negotiating Text Permission and Fees 49 3 Getting Permission to Use Photographs 65 e World of Stock Photos 67 Obtaining Rights to a Photo You’ve Found 74 Celebrity Photos and