Hello everyone.

So if you've worked through the four questions of the framework and

you've determined that you need to ask for permission,

we're now going to talk about how to proceed, how to do that work.

But remember to work through the four questions of the framework first.

So, let's review the exclusive rights of the copyright owner.

That owner gets the right of reproduction, distribution, publication,

public performance, display, making derivative works, and

making digital audio transmissions.

So if your use includes any of these exclusive rights and no exception applies,

you'll want to follow the next steps in order to get permission.

So the first thing to do is to figure out who owns the copyright in the work.

Sometimes very easy to do, sometimes incredibly difficult.

Sometimes it can be a real challenge.

And this is partly because the term of copyright is so long.

If a work is published, it often helps to begin with the publisher.

In some cases the publisher will own the copyright

having received it from the author.

Even if the publisher doesn't own the copyright,

they may have a record of who the copyright owner is.

If a work is unpublished, begin with the creator.

If you can't find the creator because that person has died,

the heirs will have inherited any rights that the creator had.

>> You hope that the heirs know they inherited those rights.

>> [LAUGH] Yeah often times they don't know.

Secondly once you've tracked down the copyright owner.

Contact that owner in writing and ask permission for your use.

And it helps to be fairly specific about what you want.

Not I wanna use your work in something I'm doing.

Not usually the best way to elicit the kind of permission you want.

So it's best to describe the permission you're seeking.

If the, you're wanting to write a book, tell the rights holder

how many copies and what the geographical distribution of the book will be.

The languages of publication if there's more than one.

Whether it's commercial use or non-profit use.

That can often help reduce your cost if it's non-profit.

How the work will be attributed.

Oftentimes rights holders really want to be assured

that they will be credited with having produced the work.

Is it a website?

Are you making a website?

Are you doing a digital project?

Will you charge fees for performance, for access, etc?

All of those are helpful to the rights holder in deciding whether to grant

your request and if they want to charge for the use,

deciding how much they're going to charge.

>> So thanks Ann.

That's all helpful.

So, a few additional kind of best practices to keep in mind for

the permission process is first of all, keep a log.

In particular if you're working on multiple permissions you'll want to

essentially have a way, and a spreadsheet works well for

this, to know who you sought permissions from, for

what you've sought permissions, the contact information, and

then the scope of the permissions that you received.

And then you'll probably want to track any charges that may have been

applied as well.

If you're talking with someone and they grant you permission verbally, you need to

follow up in writing with them, that can be in email, that's perfectly fine.

You also want to make sure you keep copies of the permission letters,

you can do that in a variety of ways but as you said copyright lasts for

a really long time, life of the author plus 70 years, so

you want to make certain that there's no question in years in the future

about whether or not you actually did receive permission for that use.

So you can keep copies of those permissions letters with the digital copy

of the world itself if that's what works for you or in a separate way.

So, when you're asking permission specifically for

images there are some things to keep in mind.

One is do you need a copy of the image?

And if so what format do you need that in?

So if you were asking permission because you want to publish, the publisher may

have very specific guidelines for you to follow regarding the DPI of the image or

the size of the image for them to be able to use it in a publication.

Is the image going to be in black and white?

Or is it going to be in color?

The size of the image as it appears in the publication,

is it going to be something small?

Or will it be the entire page for example.

And then whether or not the image will appear within the text, or whether or

not it's going to appear on the cover.

Because if something appears on the cover,

then generally that cover is considered an advertisement.

So as much as we like to say don't judge a book by it's cover, nonetheless,

when we put an image on the cover we often times consider that a little more

commercial use, if you will, than whether the image was inside of the book.

And that might impact the fees that are charged for

the use of that image for example.

So when you are looking to contact copyright owner for an image.

It's helpful to keep in mind that some artists and

photographers may be represented by societies that manage the rights for

them or maybe in the case of some artists a gallery that represents them.

So one example of that is the Artists Rights Society which as

of 2015 represented the intellectual property rights of over 50,000 visual

artists from around the world, including the estates of visual artists as well.

Another example is the watch file.

>> I love the watch file.

>> Yes, librarians and academics love the watch file,

and a shout out to our colleagues who maintain the watch file.

And it's a database of copyright contacts for writers,

artists and other prominent figures in their creative fields.

And included in the watch file is firms out of business or FOB.

And that can be very useful if you're looking for

a contact of a firm that is no longer in business.

And you can at least then hopefully track down who may have gotten

the rights from that business that seized.

Another kind of particular challenge of tracking down copyright owners for

photographs, is that you may not have any information on the photographer.

This can be true of paintings as well if they're not signed.

So unlike text, where we kind of bury the attribution within the work itself.

You know, for some of the visual works that's not always true.

So you may not be able to look at the work and know exactly who the creator is.

You have options of doing an image search on Google if

you have a digital of the copy image that may provide you some information.

You can also try looking in some of the large image databases like Corbis or

Getty, seeing if you can find the image there or other images

that are similar in effort, they may or may not attributed to the same person.

And then many news photographs are licensed

by agencies like the Associated press.

So you may be able to reach out to them and have them search their files as to

whether or not they actually do represent and can license that photo for you.

So, finally it is possible, despite your best efforts, despite your best practices,

despite using some of the collective rights societies,

that you simply get no response.

Or, you ask permission but you get denied.

>> Right.

>> And it's worth keeping in mind that there is no obligation, unfortunately,

on the part of copyright owners to respond to permissions.

>> And silence doesn't mean yes.

>> Correct.

Silence is not assent,

at least not when you're talking about permissions in this case.

So it's also possible, and I worked with a student that this was true,

where the copyright owner was willing to do the search,

but was charging a fee for simply doing the search.

As to whether or not they actually did own any rights in the images that she was

asking about.

So if you're denied or

you receive no response from the copyright owner, you have a few options.

One is you can choose another work.

And pick something else instead that perhaps you can get permissions for.

The other is that you can re-evaluate fair use.

And this is particularly helpful for using, or

can use a smaller portion of the work.

That might help with your fair use argument there if you're using the work

in a transformative way.

And it's worth keeping in mind that the courts don't penalize you for

having asked permission.

So, in another lecture we talked about fair use cases, and

one of those was the Bear Graham archives versus Dorling Kindersley

where essentially there were Grateful Dead Posters used in a book.

In that case they had actually asked permission

from the Bill Graham archives and were denied permission.

They went forward with their use anyway.

Now, you know they were sued.

But their use was found to be a fair use.

So they weren't penalized for having sought permission, and being denied.

It's kind of against public policy to penalize someone for asking permission.

>> Good to know.

Thank you for listening and watching,

while we talked about permissions for images.

Permission to Use Images

Copyright for Multimedia

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