Model Permission Letters written by Dr. Kenneth D. Crews (formerly of Columbia University) and used under a CC-BY 4.0 license.
So, you have determined that the work you want to use is probably not in the public domain and that it is not available under a Creative Commons license (or that your use is not covered by an existing license). You don't think your use is covered by any of the exceptions or limitations, including fair use (or you just feel unsure whether your use is a fair use.) You may still be able to use the work, if you seek permission!
Keep in mind that many creators do not themselves own their copyrights - the copyright in most books is owned by the publisher; the copyright in most music is owned by a distributor. However, it can still be a good idea to contact the creator - they may be able to give permission, and can usually put you in touch with other rights holders if necessary.
Orphan Works
Sometimes it is difficult or impossible to identify the copyright holder for a particular work. It may be possible to identify who owned the rights at some point in time, but after a creator's death, or after the dissolution of an organization or company the trail of ownership may disappear. These works are referred to as "orphan works" - and there is no way to get permission to use them!
Orphan works are often unique, rare, or hard to find - the collections of Archives or Special Collections Libraries may contain high percentages of orphan works. These works present real challenges for users - who must either accept the risk that a copyright holder may later identify herself and object to a use (a risk that is lessened when the work is potentially in the public domain, or when the use is potentially fair), or give up the plan of using such a work. Many publishers and distributors require explicit permissions when quoting more than tiny amounts of any work; creators may have to work very hard to persuade them to allow inclusion of an orphan work.
Orphan works are a real problem in copyright law. Legislation has been proposed several times that would address some of the problems, but it has never been passed.
Reproduced from the University of Minnesota Libraries and used under a CC BY-NC 3.0 license.
Once you have identified the owner or owners, contact them to request permission.
Publishers often have websites that prescribe a method for contacting the copyright owner, so search the website for a permissions department or contact person. Be sure to confirm the exact name and address of the addressee, and call the person or publishing house to confirm the copyright ownership. Various collective rights organizations are sometimes able to facilitate granting permissions on behalf of owners. For a list of these organizations and more information, see Resources at the end of this section.
If the copyright owner is an individual, you will need to do the usual Internet and telephone searches to find the person. Be ready to introduce yourself and to explain carefully what you are seeking.
Tips:
Do not send permissions letters to all possible rightsholders simultaneously. Taking the time to find the person who most likely holds the copyright will better yield success. If you do not have much information about who actually owns the copyright, be honest with your contacts, and they may be able to help you find the right person.
Asking for Permission written by Dr. Kenneth D. Crews (formerly of Columbia University) and used under a CC-BY 4.0 license.
A “nonexclusive” permission may be granted by telephone or handshake, but an “exclusive” permission or a transfer of the copyright must be in writing and signed by the copyright owner. In all cases, a clearly written document with a signature is useful to confirm exactly what is permitted.
Some copyright owners furnish their own permission form that may be downloaded from a website. If the copyright owner does not provide a permission agreement form, you may use one of the forms listed at the end of this section under Resources, and follow these important pointers when drafting your own permission letter.
The Letter
A most effective letter will include detailed information concerning your request for permission to use the work. Be sure to include the following pertinent information:
Who: Introduce yourself. Tell who you are and perhaps include a brief summary of your credentials. For example: “I am a professor of history at Columbia University and am the author of several books on American history.”
What: Be as specific as possible when you cite and describe the work you wish to use. If you plan to use the entire work, say so. If you need only part, give the details. For example: “I would like permission to reproduce pages 113 through 142 of [full citation to book].” You may need to be more detailed or include copies of the material, especially if you are using photographic images or sound or film clips.
How: Tell how you plan to use the work. Specify whether your use is commercial or nonprofit, for classroom learning or distance education, for research and publication, etc. Remember, the permission you obtain is limited by its own terms. For example, if you secure permission to include a video clip in a multimedia project for your own classroom teaching, the permission may not include sharing the project with colleagues, posting it to your website, or selling copies at a conference. If you want those rights, be sure to include them in the permission request.
When: State how long you plan to use the work, whether one semester or indefinitely. Some owners may be wary of granting permission for extended periods of time or for dates far in the future, but if that is what you need, go ahead and ask.
Where and How: Include information about how and where the work will be used. Such uses may involve classroom copies, reserves, coursepacks, password protected online displays, etc. Include the exact or estimated number of copies that you wish to make or the number of uses intended.
Why: Tell why you are contacting that person or entity for permission. For example: “I am writing to you, because I believe your company acquired the company that originally published the book.” Another example: “I believe that you are the grandson of the original writer, and therefore may have inherited the copyright to the letters and diaries.” If you are using materials from a library or archives, do not assume that the institution holds the copyrights. You need to investigate and ask.
Results
Sometimes you need to be patient and persistent, and sometimes the owner responds quickly. In any event, the reply can take any number of possibilities:
Permission Granted. Great news. Move to Step 3.
Permission Denied. Find out why. Maybe you can negotiate a better result. In any event, you may need to change your plans or look for alternative materials.
Permission Granted, but at a Cost. The copyright owner may charge a fee for the permission. You might obtain a lower fee if you change your plans, e.g., by copying fewer pages from the book or making fewer copies of the work. Sometimes copyright owners require their own permission form. Read it carefully. The form may impose limits or include legal constraints (“You agree to be bound by the law of Illinois”) that are not acceptable to you. The decision to accept will be up to you, your counsel or supervisors, and your budget.
Asking for Permission written by Dr. Kenneth D. Crews (formerly of Columbia University) and used under a CC-BY 4.0 license.
Keep a copy of everything. If you successfully obtain permission, keep a copy of all correspondence and forms. Also, keep a detailed record of your quest to identify and locate the copyright owner. Why keep these records? In the unlikely event that your use of the work is ever challenged, you will need to demonstrate your good efforts. That challenge could arise far in the future, so keep a permanent file of the records. Moreover, you might need to contact that same copyright owner again for a later use of the work, and your notes from the past will make the task easier.
Asking for Permission written by Dr. Kenneth D. Crews (formerly of Columbia University) and used under a CC-BY 4.0 license.