The complexities of fair use require that each member of the university community learn to apply the four fair use factors and make a sound judgment about the permissibility of quoting, photocopying, downloading, and making other uses of protected works. Invariably, however, each of us will encounter situations where we need to obtain permission from the copyright owner. Common examples where permission is ordinarily required include photocopying an entire article or entire book chapter to be placed on reserve, copying into a course reader that students will purchase, or mounting substantial text or graphic work onto a publicly accessible World Wide Web page.
When permission is necessary, you must contact the copyright owner or the owner's authorized agent. Often the copyright owner will be named in the formal copyright notice accompanying the original work. Such notices are no longer required to obtain copyright protection, so many works often lack the notice or include the name of someone who is not the actual or current copyright owner. Nevertheless, you should logically begin your search for the copyright owner by directly contacting the author or publisher. Reference librarians can be extremely helpful for finding names and addresses. You will also find that the quest for the copyright owner can be simplified by using your telephone to call the parties and to ask direct questions about ownership and rights of use.
The Copyright Clearance Center (CCC) can also simplify the process by acting as the agent on behalf of thousands of publishers and authors to grant permission. Please keep in mind that copyright owners have wide discretion when responding to your request for permission. Your permission may be granted or it may be denied. It may be granted, but only on condition of paying a fee. The fee may be modest or it may be exorbitant. Copyright owners also have no obligation to respond at all. For most common uses of materials for educational and research purposes, you will often find that copyright owners will be cooperative and will understand your needs.
The following is a sample letter, with instructions, that you may adapt when requesting permission. Please remember that a telephone call before sending the letter can give you the exact name and address of the person to contact and might even give you an immediate answer to your request. Oral permission granted over the telephone is legally valid, but good practice requires that you document the permission with a letter that the grantor will sign and return to you.
A Sample Permissions Letter
[letterhead stationery or return address]
[Date]
[Name & address of addressee]
Dear [title, name]:
[If you called first, begin your letter: This letter will confirm our recent telephone conversation.] I am [describe your position] at [name of institution] University. I would like your permission to [explain your intended use in detail, e.g., reprint the following article in a coursepack for my course].
[Insert full citation to the original work.]
Please indicate your approval of this permission by signing the letter where indicated below and returning it to me as soon as possible. My fax number is set forth above. Your signing of this letter will also confirm that you own [or your company owns] the copyright to the above described material.
Thank you very much.
Sincerely,
[Your name and signature]
PERMISSION GRANTED FOR THE USE REQUESTED ABOVE:
________________________________________________
[Type name of addressee below signature line]
Date: ___________________________________________
Instructions for Permission Letters
- Be sure to include your return address, telephone number, fax number, and the date at the top of the letter.
- Spare no effort in confirming the exact name and address of the addressee. Call the person to confirm the copyright ownership.
- Clearly state the name of your university and your position.
- Precisely describe the proposed use of the copyrighted material. If necessary or appropriate, attach a copy of the article, quotations, diagrams, pictures, and other materials. If the proposed use is extensive, such as the general use of an archival or manuscript collection, describe it in broad and sweeping terms. Your objectives are to eliminate any ambiguities and to be sure the permission encompasses the full scope of your needs.
- The signature form at the end of the sample letter is appropriate when an individual grants the permission. When a company (such as a publishing house) is granting the permission, use the following signature format:
| PERMISSION GRANTED FOR THEUSE REQUESTED ABOVE: [Type name of company] By: ________________________________ Title: ______________________________ Date: ________________ |
Copyright (c)1995, The Trustees of California State University. Permission has been granted by the Trustees to reproduce copies of this document for nonprofit educational purposes provided that the copies are distributed at no cost.