Understanding copyright permissions and infringement is important to minimizing your copyright risks. Below we explain the meaning of copyright infringement, followed by Q&As on obtaining copyright permissions and what constitutes copyright infringement.
You may also like our eTutorial, Obtaining Permission: The Copyright Permissions Request.
Understanding Copyright Infringement
Copyright infringement occurs when all of the following occur:
- You use a work that you don’t own the copyright in
- There’s no exception in the copyright law that covers that use
- You didn’t obtain permission
Infringement means that you’re violating one of the exclusive rights of the copyright holder, such as the right to reproduce, distribute or display that work in public.
An infringer can face various risks, such as:
- An injunction to stop further use of the work
- Destruction or other disposition of illegal copies or devices used to make those copies
- Legal fees for an infringement lawsuit
- Payment of losses incurred by the copyright holder
- Payment of profits gained from your unauthorized uses
Each country sets out remedies for infringement in its copyright act.
If you are contacted by a copyright owner or their lawyer about infringement, consult with your own lawyer to determine your best course of action.
Obtaining Copyright Permissions Q&As
Below are questions and answers relating to copyright permissions and infringement to help you ensure you’re legally using copyright-protected materials. If you’re using copyright materials on a regular basis, consider the Copyright Leadership Certificate program, an online training program to help you make day-to-day decisions about the legal use of copyright materials.
As always, don’t rely on our short, practical answers as legal advice or opinions. Contact an attorney should you be faced with issues concerning copyright permissions and infringement.
During the COVID-19 crisis, is it legal to use any images, videos and articles in an online course?
It’s best to first look towards your country’s Copyright Act. Is there a fair use or fair dealing provision in your Act? If so, apply your specific circumstances to the purposes and conditions set out in the statutory language and make a judgment call as to whether you need permission. Also, check your country’s copyright act to see if there are any exceptions for the use of copyright-protected materials in online courses.
If your organization wants greater certainty, then you could obtain permission from the copyright owner, use public domain works and link to content. You can also use Creative Commons licensed works within the terms and conditions of the license on each particular article, image or video you want to use in your online course.
I’m translating a book from French into English. Do I approach the publisher or author of the French book for permission to do so? And who owns the rights in the English translation?
It’s a good assumption that you need to obtain permission to translate a book. Contact either the publisher or author, whoever is easier to reach. Then ask them who owns the rights in the French book (as this would be subject to a publishing agreement). The translator of a work owns the copyright in the translation, in this case the English version.
My enterprise organizes an annual essay writing contest. We post the winning entries on our website and distribute a DVD with all entries. Do we need permission to do this?
Yes, copyright in an essay belongs to the author of that essay. This is true even in a contest situation. Your contest entry form could include permission from the author to you for any uses you need to make of the entry.
For winning entries, you may want to go further and obtain permission to use the name of the author, and perhaps their photo.
Should you obtain an assignment of copyright from the author of each entrant or the winning author?
This is a policy decision your organization must make. Think about whether it’s really necessary for you to own the copyright or whether specific permissions from the author would suffice. Consider your community and those who may enter the contest and whether they would be willing to assign their copyright to you, or whether it’s ethical in the circumstances.
My company writes textbooks. We obtain permissions to use existing copyright-protected materials owned by others in our textbooks. Now we would like to license our content/textbooks to a third party. Do we have the right to do that?
When you license content owned by others, you can ask for permission to relicense that content to third parties. Or if you prefer not to do so (as it may cost you additional money), you may want to inform third parties that they may need to obtain their own permissions/licenses prior to reproducing your content/textbooks.
My organization has purchased a journal article from a document supplier. May I send the article to a third party for translation into another language or does this infringe the “further reproduction, electronic storage or electronic transmission” which was expressly prohibited in the invoice from the document supplier?
Unless you own the copyright in a work, whenever you translate a work or have someone translate it on your behalf, you need permission from the copyright owner of that work. Translation is one of the exclusive rights of a copyright holder. It is an adaptation of a work that requires advance permission.
Do you need permission when a painting or sculpture appears in the background of a photograph of a person?
Some countries have exceptions from copyright law for the incidental inclusion of copyright-protected works in other copyright-protected material. Generally, for the exception to apply, the use must be incidental and not deliberate. For example, the exception may allow a journalist to photograph a person with a painting in the background.
If I find an image on Google Images, can I use it in a book published by a nonprofit organization?
Google is a search engine that helps you locate content such as images, photos and other online content according to your search criteria. It isn’t a content depository. The result of a Google image search isn’t a collection of public domain or copyright-free works.
Once you find that perfect image or photo, you must treat that image like any other content you find online. Learn more in our article Copyright and Using Google Images.
Is it legal to use someone else’s recipe and publish it in a book or blog if you credit the author of the recipe?
A recipe may be protected by copyright if it’s more than a mere listing of ingredients; for example, if there are instructions on how to prepare and cook the ingredients. The ideas in the recipe aren’t protected, just the words used to express the ideas. So you may not copy the recipe per se (even if you credit the author), but you could create a similar recipe using your own words.
In addition, it may be a matter of ethics and common courtesy to mention the cookbook, website or blog where a recipe originated, or indicate that your recipe is based on, adapted from or inspired by a particular source.
The nonprofit I work for is putting together a workbook and accompanying video. If we include short quotations or summaries (both cited) to help illustrate a point, can we sell the material?
Short portions of a work such as quotations or summaries may be used in some circumstances without obtaining permission. However, this depends on each particular case. You must examine various factors such as what portion you copied (both percent-wise and whether the portion used is the heart of the work), competition with the original work, and more. In some countries, this may be covered by fair use or fair dealing. Whether you sell the material or not is not by itself determinative of whether you require permission.
How do I obtain permission to use a work created by a foreign author?
The permissions procedure for any work of any origin is the same. Determine:
- If the work is protected by copyright (for example, is in a fixed form)
- If the duration of protection is still ongoing in the country or countries in which you’re using the work or the work can be accessed
- Whether your use is a copyright use for which permission is required (that is, not subject to fair use [U.S.] or any other provision or exception in the country where the work is being reproduced)
If you need to obtain permission, you must contact the copyright holder or their representative, including a copyright collective, to obtain that permission.
Do I always have to pay for copyright permissions?
It’s up to the copyright owner to make this determination. If the copyright owner asks for a fee, you may be able to negotiate a lower fee, or negotiate for specific terms and conditions related to the fee.
I’m creating tutorials for my blog based on a book I purchased. Do I need permission from the author of the book?
No. Permission is required to reproduce part of or the entire book; however, you may use the ideas in the book, explain them to others and base tutorials on the contents of the book without permission.
Copyright Infringement Q&As
My organization’s website has several photographs on it. We have a written agreement with the photographer of one of the images, but a second alleged owner of the photograph recently asked us to remove it, with the claim that we didn’t have permission to post it. Should we remove the photograph?
You need to determine who in fact is the owner of copyright in the photograph and whether you have permission from this owner. Does your permission/license with the photographer state that that person is in fact the owner of the photograph, that it is an original work, and that the photographer has permission to enter into this agreement? Is the alleged owner who recently contacted you able to prove they own copyright in the photograph? Some investigation should reveal the owner of copyright in the photograph.
Can you go to jail for copyright infringement?
Most countries’ copyright statutes provide for some criminal liability for copyright infringement. It is unlikely that there would be criminal liability for photocopying a single article in a library. Criminal liability would be for large-scale piracy and likely willful copying where the user knew or had reason to know that their actions were illegal. Copyright infringement is defined in each country according to the laws in that country.
Will our company’s copyright compliance policy exempt us from liability for copyright infringement by our employees?
Although certain legislation or case law may provide some advantages for your copyright policy limiting your organization’s liability in specified circumstances, for the most part your policy will not exempt you from liability for your employees’ copyright infringement.
However, your copyright policy will help educate staff in your company about copyright and in doing so may lower the occurrences of copyright-protected material being used without permission. It will also assist all employees in consistently applying copyright law in your library or organization.
If I want to do a “Where’s Waldo” type of book, using a “Where’s __?” (someone else), what copyright issues need I be concerned about?
There is no copyright protection in ideas, so you can create a similar idea to the “Where’s Waldo” books. Your content should be original and not copied from anywhere else, unless you have permission to include that content in your book.
I’m an artist and plan to make a pencil drawing of a photo, with 25 percent of the drawing being different from the photo. Is that an infringement of copyright in the photo?
There is no percentage that makes copying legal or illegal. Copying any amount more than a “substantial” amount (which is not clearly defined in the law) requires permission. This is a judgment call in each particular circumstance and may require an analysis of fair use or fair dealing as set out in your country’s copyright statute.
Is it an infringement to distort an image (e.g., create an animated GIF out of a static image, or an image on a button that changes color when you hover over it)?
When manipulating images in any manner, you may need the permission from the copyright holder for the right of reproduction and adaptation. You should also be concerned about moral rights (i.e., it may be an infringement of moral rights if you make changes that may harm the reputation of the creator of the work).
Dealing with copyright issues on a regular basis? The Copyright Leadership Certificate program teaches you how to deal with day-to-day copyright issues, including analyzing situations where permission is required and how to obtain that permission.
My company produces and is introducing a new line of pens and each pen has a product name. We would like to use the names of famous writers as the product names. For instance, we might call one the ‘Twain’ or the ‘Rand’ and we would like to know if they are public domain or protected.
The names of people are not protected by copyright. However you may need to be concerned about publicity rights — benefitting from the name of a famous person.
Lesley
A charitable organization wants to publish a cookbook (in print format only) comprised of contributed recipes by its members. The proceeds from sales would cover production costs only, with the balance being donated to charity. Could this be considered “no motive of gain” for the purposes of fair dealing?
As for the contributed recipes, here are my questions/comments:
– The list of ingredients and the methods (bake at 350 degrees) would not be copyrighted, but the presentation could be. If it is a very generic recipe (generic ingredients and methods) for Chocolate Chip Cookies, then it probably isn’t. If it is Martha Stewart’s Crazy Chips of Chocolate Cookies, then it would be copyrighted and permission would/may have to be obtained.
– Since one recipe is not a “substantial amount” of the original source publication, would this also be covered under fair dealing, provided the recipe and its source is properly cited?
– Graphics used would either have to be from copyright-free sources or permission may have to be obtained. As for the recipes, since the graphic would not constitute a “substantial amount”, would citing the source be sufficient and also covered under fair dealing?
Am I on the right track here? Has anyone else had any experience with this? All advice appreciated, thanks.
Lynn, lots of issues to think about including the fact that a recipe may be a work in itself so reproducing the whole work is reproducing the recipe; ingredients etc are not protected by copyright though the words used to express them are, and recipes etc may be protected by a patent or trade secret so be careful not to use content that may be considered a secret; re the graphics…if you are using more than a substantial amount of a graphic, then you would have to obtain permission to determine if fair dealing applies.
Hmmmm….so many ways of looking at it. Always good to get someone else’s perspective, especially with your expertise! Thanks Lesley!
I'm not sure if this is the correct section for this question, but I would love to find a good resource on what constitutes due diligence. Are there any checklists or guidelines you can recommend?
Thanks!
Hi Erin, you will find many checklist for copyright permissions by doing an online search. That should help you obtaining permissions. Not sure what you mean by due diligence. Either you obtain permission or you do not. You cannot use a work if you put forward your best efforts to obtain permission but fail to do so.
I'm planning to publish a book that would include brief (one or two sentence) quotations by celebrities, gathered from their autobiographies and assorted writings, newspaper and television interviews, etc., along with some quotations from film characters. It's not specifically a book of quotations but does include quotations at the start of each section/chapter. Do I have to contact each and every celebrity, media source, and film company for permission to use such quotations?
And, based on the life + 70 years rule, can I assume that quotations from anyone who died before 1939 are now in the public domain and therefore safe to use without obtaining copyright permission?
Hi WordNymph, generally a quote may be used without obtaining permission. You may want to check the policy of your publisher. If you want to be 100% sure re copyright permissions you could get permission however many would not in a similar situation — it is an issue of copyright risk analysis/management. As for who owns a quote, the person who first puts it in writing or records it, and not necessarily the person who is saying the words.
I have completed several original screenplays which I intend (hopefully) to market and sell. In each, a few passages from already-copyrighted books and scientific journals are used: meant to reinforce the validity of the characters' discourse.
I am now ready to pursue U.S. copyrights for my works but I am in need of advice on whether it is necessary at this time to acquire permissions for the aforementioned passages, or if this is something that normally would be handled at a later date by, say, the legal departments of production companies.
There is much advice for new screenwriters, ranging from, "Don't worry about it, because the potential buyer will solidify permissions," to "Contact every publisher for every piece of quoted material."
If the former is true, does this mean I can copyright my work while keeping the quoted material within it (giving it explicit credit)? If the latter is true, it seems unreasonable to attempt to acquire all the permissions considering that at the moment of the hypothetical sale, the buyer would have to reacquire said permissions as my work is unpublished at that point.
For example, one script is 112 pages long, in which there are a few short quotations along with three or four paragraphs from a scientific textbook, deliberately referenced by the characters. Some advise that I should instead create these blocks of dialogue rather than include copyrighted material, but I'm looking for authenticity in my script and wish to leave this accurate and perfectly expressed material in its place. Again, the story is entirely original: it's just that the characters refer to present-day scientists.
If you can provide some guidance, I would appreciate it greatly. Thank you. (And my apologies for the verbose post: simply unavoidable.)
Hi D, each production company works differently. Some may require that you warranty that all permissions all cleared whereas others will work with you to clear permissions. Small uses of works such as quotes very much depend on the circumstances — there is much written about fair use which you may want to read.
Question: My organization circulates an in-house newsletter each month. For the next edition, we want to include about half of a short poem whose author died in 1980. The version of the poem that the newsletter creators want to use was pulled off the internet. I believe the poem was published in a book in the 1970s, but none of the book's editions are currently in print. Do we need to get permission to use this poem in our newsletter? And if so, where do we begin?
Hi BCTF – contact one of the copyright collectives, in Canada, http://www.accesscopyright.ca, and in the US, http://www.copyright.com. They may be able to provide you with the necessary rights. Otherwise, locate the author, his heirs, or publisher, to see who has the rights in the poem.
I work in an Ontario public school board department. We have scanned books for students, with permission, and placed them on a server, where the school owns the physical copy of the book. How many copies of this digitized book can we have? Only as many as physical books that school has or is there a clause for education, that says the number of digitized online books is unlimited?
Hi Certgirl, you say that you have permission to scan the books. Your permission to do so should also include permission concerning the number of "copies" of digital versions. If not, return to the copyright owner and ask for permission for the uses you need.
I am a Canadian translator and translate documents authored by others. In the US it seems clear that a translator is an author of a "derivative work" and owns a copyright to the translation which is independent of the copyright to the original work. Do you know what the situation is in Canada? I see the Canadian Copyright Act grants the original author the copyright in the original work and the sole right to authorize its translation, but does the translator, being the author of the translation, own the copyright to the translation?
In Canada, a translation is protected by copyright and the translator is the owner of this new work. However, you do need permission from the owner of the original work (if it's still in the public domain) prior to translating it.
My organization has produced a paper product using copyrighted materials for which we have obtained permission from the copyright owners. The product was a deliverable on a contract for another organization who intends on publishing it on their website.
Do the new owners of the product need to apply again to the copyright owners for the use of their embedded materials?
Hi Shelby, it really depends on what permissions were obtained in the first instance, and who owns the product. Look at your original agreement to determine this. If it does not address this issue, you will need to obtain permission for any additional uses/changes to the product.
I want to copyright a screenplay once its made to dvd do i need to register the dvd again?
It’s best to register the screenplay as well as the movie of it. Registration is not always necessary but is helpful for enforcing your rights.
This blog is a very useful and interesting resource. In fact, I would like to request permission to provide the postings from Lynn and Copyrightlaws in relation to the production of a cookbook to the members of the committee who came up with the idea of creating a cookbook at our organization. Our situation is a little bit different, in that we would take any profits over and above the costs of production and put them towards scholarships for students. Very timely information on this issue for us.
Thank you Leah — I am happy to provide you permission to use my answer however I have no rights in Lynn’s contributions. you could ask her for permission or put her issues in your own words.
If I legally download an article (e.g., a white paper) and save it on a ‘public’ (just within my company) drive, am I violating any copyright laws? Or do I need to always save it to a secure, unaccessible drive?
Hi Doreen, is the article in the public domain? If so, you can use it as you want. However, if it is subject to copyright, you may only use it in a manner permitted by the copyright owner. If the owner has allowed you to download it, check for what purposes, and for what subsequent uses.
Lesley – Thanks for the reply. Assuming located on their Internet website is public domain, yes. Sometimes you have to provide your name and contact info to get to the link and other times it’s a direct link out to e.g., a PDF.
In 2004 an author gave me permission to copy one of his entire books (written in 1957) that is currently out of print (I have the letter from him). The publishing company that is attached to the ministry he belonged to is saying that when he died all the rights to his works were given to them, and my permission is no longer valid. Is this correct?
Mordecai, you will need to investigate the ownership of the book in question and determine whether the author in fact has the legal authority to provide you with permission to copy the book.
Hello,
My question is regarding copyright laws. I’m from Canada, so I’m not sure if the laws similar here as the rest of the world. I’m a designer, and although I don’t intend to “steal” or plagiarize in any way, I want to design mock shirts, ie. I would have a Nike symbol, with the word “psychy” or something like that. Do I need Nike’s permission to use their logo if I’m going to potential make money off it? Also, what if I wanted to draw a Greeting Card with someone popular like Garfield or Bart Simpson. Would I be facing legal issues if I went ahead and did so, even if it was all created with my own hands?
i appreciate you taking your time to consider my questions. Thank you.
Regards,
Blaise T.
Hi Blaise, using a word logo such as Nike involves trademark law. Generally, if there is confusion with your product or service (and that of Nike’s) when you use Nike or a close variation of it, then that could be a potential trademark infringement. You need permission if you use Garfield or other character.
Hopefully you can help me. I am thinking of writing a book. In the book I explain how to use Microsoft Excel and Word. I just give instructions on working with spreadsheets. Is this something that I need to contact Microsoft about for permission? You answer would be greatly appreciated.
Hi Ben, there is no need to get permission when using information in a copyright-protected work such as a software program. As long as you do not reproduce a substantial portion of the program itself, you may base a book on how to use that program.
I am part of a non-profit organization that is selling ad space to local businesses. The ad space will be published in a program that we are putting together for this years events. Is it our duty to make sure that the logos, artwork, and other written material that is given to us, does not infringe or copyright since we are publishing it in our programs or is it the responsibility of the business doing the advertising? And could we be held liable if the business provides us with material that they do not hold the copyright for?
Hi Amy, you want to make it clear amongst you who is responsible for permissions. This is a matter of negotiation. If your suppliers clear the copyright, get a warranty from them that they have actually done so and you could even ask for copies of permissions. The warranty will give you a right to enforce any infringement actions against you due to your suppliers not obtaining proper permissions.
I am writing a book on a French author which frequently quotes from the author in question, in order to discuss the works. The total quotation count might be around 2000-3000 words from one individual book. It is a matter
of literary/philosophical analysis, and it is fairly common in such works to quote quite a lot. I am wondering whether I should approach the French publisher for permission to do this (I am also translating the quotes myself). The quotations are spread throughout the work.
Hi Mark, you need to apply the law where you will be reproducing the work and distributing it. For example, if you are doing so in the U.S., you need to apply the principle of fair use and determine whether your use falls under that principle. Fair use is determined on a case by case basis and is not dependant upon word count but rather a number of factors including the “quality” of the work taken. Note that French law does not have fair use. If you seek permission, you will need permission to reproduce the work as well as the right to translate it.
I was just contacted by someone (a pianist) who is losing their sight, and is looking for “large print” music; my question is, if the lady already has copies of the music (hymnals/sheet music, etc.), is it “kosher” for her to make enlargements of the music for her own use???
Hi Op3, there are provisions in various copyright statutes including the US and Canada that allow for reproduction without permission under specified circumstances including for those who are disabled. Check the Copyright Act of the the country in which you live, or even the Copyright Office there which often has plain English explanations.
Hi Lesley,
I just have a quick question, I wanted to start a show on youtube about the “weeks top 5 ads” & to put all the credits in the bar below the video. I’m allowed to do that without asking the ones who did the ad? or is it a copyright infringment?
Hi Oli, you need permission to reproduce the ads or a substantial part of an ad. However, you may refer/credit an ad without permission as long as you don’t reproduce the ad itself.
Hello,
I am an australian filmmaker and i have recently used an ouija board as a prop in a short film, do i need to acquire permission if i wish to publicly screen the film?
Regards,
Shane.
Hi Shane, your intentional use/reproduction of the ouija board may require seeking permission from the owner of the board for copyright uses. In general, game boards are protected by copyright and individual elements of games such as names may also be protected by trademark law.
Hi Lesley,
What do you mean by reproduce? as in rebroadcast or as in re doing the ad itself?
Thanks for your time?
Oli, reproduce is one of the bundle of rights given to copyright owners around the world. The right to broadcast or communicate by telecommunication is an additional right in most copyright statutes. To read more about the rights given to copyright owners in your country, go to that country’s copyright office where you will find information on what is contained in that law.
Hi Lesley,
I have a question from a professor, and while my instinct tells me that she is fine to go ahead to use this material as long as she cites it, I’ve never come across this type of case before so wanted to double-check with you:
I am developing a survey and want to include items from a scale used in Education. There is a published manual for the scale AND the items all appear in a published journal article from 2005
Pace, C. R., & Kuh, G. (1998). College Student Experiences Questionnaire, Fourth Edition. Bloomington, IN: Center for Postsecondary Research and Planning, Indiana University.
Pike, G. R., & Kuh, G. D. (2005). First- and second-generation college students: A comparison of their engagement and intellectual development. Journal of Higher Education, 76, 276-300.
If I cite the sources I am assuming I can use the items. I am a bit paranoid because these authors are all part of an institution in Indiana that had developed another scale: The National Survey of Student Engagement. This scale is copyrighted and I couldn’t find an academic publication with the items only a version of the questionnaire on line. (Note: the survey the prof wants to use instead was used in the development of the NSSE)
Thank you in advance for your help,
Nicole
Using an entire document generally requires permission from the copyright owner — using information from a document is fine as information per se is not protected by copyright. For example, I would obtain permission to reproduce a chart or table, however I would not obtain permission if I were simply using information from that chart or table. Reproducing part of the chart or table is a matter of fact based upon the circumstances in each situation.
I am writing a personal genealogy of my family. There will probably be fewer than 50 copies produced. There is a picture of my grandfathers thrasing machine & crew in a book written by an individual who is deceased and I have been unable to locate the publisher used; apparently the are out of business. This small history of my home town and surrounding area was published in 1980 and was copyrighted. What do I do now?
Thank you.
Sharon
Hi Sharon, not being able to locate a copyright owner is a common problem. Assuming that you are in the US, there is currently nothing that the law allows you to do, in terms of the using the work without permission. These works are known as orphan works. You may choose to analyze your copyright risk and see what makes sense for you in the circumstances.
I am gonna be starting a radio show on the internet and want to do live weather and traffic reports and play music do i need permission from the publishers and websites of the music and weather maps i use in order to use it if it is already open to the public and there is no copyright symbol at the bottom of the page?
Hi Mike, a copyright symbol is not mandatory for copyright protection in most countries. Always assume that a work is protected by copyright, unless it states otherwise, or unless you investigate otherwise.
Hello. I want to publish a blog article on my company’s website that includes quotations from a book. None of the quotes that I used are full chapters, but some do extend into a quarter-page length. Since this would be published online, the duration would technically be unlimited. My two questions are: 1. If the publisher does not allow unlimited use on internet publishings, what could I do? 2. Since I am using only quotes (and citing them properly), do copyright laws still apply?
Hey all!
I am writing a book.
In the book, I have quotes from television programs and movies, lyrics from songs, and interviews.
Any specific advice regarding these?
On the topic of films, who do I ask for permission to use a quote from the film?
Thanks!
Hi JK Perry – you always need to obtain permission from the copyright owner of the work. Generally a book’s owner is its author, tho occasionally the publisher; film/tv, its producer, lyrics, the songwriter. However, it is possible that the original owner assigned the works to another — so it all takes some investigation. My advice — plan ahead as it can take longer than anticipated to locate copyright owners.
Hi Lesley,
I was asked by a pharmacist in our organizaton (Canada) about permission needed for information going into research projects that won’t be published. Several of her students completed projects that were submitted to an award committee. The award committee sent back one project saying this person had not gained permission to include certain material in her project. The material was referenced. Since this project won’t be published does this person need permission?
Thanks!
Hi Alex, permission is generally required for all uses of a copyright protected work. However, in Canada, there is a fair dealing defence which work provide a defence for certain uses that would otherwise be an infringement. This is decided on a case by case basis in which you would have to apply the factors courts applying in making a similar determination. Much is written on fair dealing in Canada.
Hi Lesley. I am a web, graphic, multimedia designer who is a provincial government employee. I provide some of my personal photos (taken on my own time) to my employer to use in some of the publications that I design for them. There is no agreement for this, and photography is not in my job description. I am not specifically compensated for these photos and there is no contract. Although I am an employee, and offering use of my photos for free, do I retain copyright for these? Can my employer claim copyright ownership under “Work for Hire” even though they were not taken specifically for a work tasked by my employer? Should I have my employer include the photography task as part of my job, and ask that I take them during working hours and claim expenses if they want copyrights? Thanks.
Hi Daneene, sounds like you are based in Canada. Work for hire is a US concept; in Canada, there is an employment provision. If you are employed and part of your job duties are to take photos, they your employer owns your photos (though you retain the moral rights unless you have waived them.) Sometimes it is ambiguous as to whether certain duties are covered by the employment, in which case you should get clarification in writing from your employer.
@Lesley
Thanks Leslie. Taking the photos is not part of my job duties. Does that mean the one I’ve already used are mine? There has been no agreement between me and my employer specifically for the photos.
Hi Daneene, those are two of the factors you need to look at. However, there may be other factors as well that determine whether taking photos is part of your job duties.
Are book titles protected by copyright laws? Do you need permission to reference other authors book titles in a book?
Hi Nicole, generally book titles are not protected by copyright. However, a very unique title may be protected in some countries such as Canada or the UK.
I am thinking about selling items that have hand painted solgans and images on them. Am I able to legally do this? People have asked for things like colledge football teams and their favorite drinks images painted. Thanks!
Hi Stephanie, reproducing a copyright protected image requires copyright permission. Slogans are generally not protected by copyright but are protected by trademark law. The general rule for trademark law is that if a reasonable person confuses the use of the trademark with the source of the good, etc., then that use is not permitted.
Hi Lesley,
I want to create a website to help musicians with their music practice.
I found a website that offers a lot of good advice, such as creating a weekly practice plan, a mission statement, playing slowly to learn the hard parts…
I want to suggest these same things on my website. Can I do so if I put everything into my own words? Shouldn’t I be safe since these are factual things?
Thank you.
Hi John, there is no copyright protection in ideas, facts, history and news. So, if you find some content and you summarize the information in your own words, you are not infringing copyright.
Hi Lesley,
We have faculty who would like to cite or reproduce some tables, definitions and articles from other sources in course packages. Is this allowed if cited properly or are they required to get permission first and pay royalties to do so?
Hi Carolin, citing any copyright-protected works is permitted without permission. If you reproduce more than a substantial portion of a work (which can actually be a very small amount), you generally need permission in Canada. This permission may be covered by an Access Copyright license if Seneca College (in Canada) has one.
I want to write a blog and I also want to put some opinions i have in my notes on a social networking site. These opinions are regarding a famous person and author. Am I allowed to quote things that they’ve said in their book, on my blog, and in my notes on this site?
Hi Veronica, quoting is always a matter of fact. It depends how much you are quoting and the quote is in relation to the entire work from which you are quoting. Not a simple yes or no response.
Hey there, i’m writing a book on time management and studying skills and I’m am studying and gathering other author’s books and author’s information/ideas and synthesizing them to make my own book. Is that legal? Do i need permission? Thanks so much.
Hi James, ideas are not protected by copyright. As long as you do not reproduce the exact words used to express an idea, there are no copyright issues. Of course, you may want to acknowledge the origin of ideas as is appropriate for your own works.
Hey Lesley, Actually the book i’m writing is a ebook that i plan to sell online through ebay and my own website that i create. This ebook will be a mix of incorporating other authors ideas that they have written in their published books. Is that okay or is it copyrighting? Thanks again!
Hi, very interesting stuff. I have a book review site that I am starting. Can I buy the .com for someone elses book. Example ” booktitle.com”.
Hi Roy, generally titles are not protected by copyright but there may be the occasional exception to this rule. As well, it is possible that a person has a trademark in a title. There may be other areas of the law that protect a title. As a general rule, the more common the words in the title, the less chances it is protected but if you are intentionally trying to profit from someone else’s work, there may be various areas of the law in which that person may have some rights to enforce against you.
Hi Lesley, I am a Canadian freelance graphic designer and a large client of mine (over 50% of my income) has hired an in-house designer to take over the work I’ve been doing for the past 4 years. The client has now asked for me to deliver the electronic working files to the in-house designer to use. Because the relationship has been very informal, no contracts have ever been produced to cover this. So my question is, who owns the working files? Do I own the copyright to what I consider my intellectual property?
Hi Ken, generally a freelancer owns the rights in his works. That is, unless there is an agreement to the contrary. So if you have created work for a client, although you may have been paid (and paid well I hope), you own the copyright in your work. There is likely some implied consent for your client to use your finished product, however it would be much more difficult to argue the same with respect your files and underlying work leading to the creation of the work which was made for your client.
Hi Lesley, thank you for your feedback. There has been no official agreement and the relationship to date has been very casual with no contracts other than a verbal agreement of my hourly rate. A new marketing director is trying to put his stamp on things and has no idea of the scope of the work they will be trying to have a junior in-house designer take on. So, I’m digging in my heels and they can pay me (and pay well!)for the right to use the files if they really want them. Thank you again!
Our company purchases standards from SDOs which include testing procedures and diagrams. These standards are extremely important in our I have an engineer who wants to copy portions of these standards in writing internal operating procedures. I have told him that the material is copyrighted and we must have permission to use any portion of it.
I told him that permission is required even to use this information internally.
Hi Gabriele, generally if you reproduce the entire standards, or anything more than a quote from the standards, you need permission to reproduce them in any documents that you write, even if it is an internal document.
Hi, I am making a photography book of my own nature photography and would like to put short, inspirational quotes by such people as Helen Keller, Albert Einstein, Socrates, Eleanor Roosevelt, Dr. Wayne Dryer, etc. Do I need permission to use these? Thank you.
Hi Michele, generally using quotes is permitted under copyright law and may also be arguably a defense to a copyright claim under fair use, however it is possible that if a quote is the “essence” of a work, that using that quote may require permission. Depending from whom you are quoting, also check the duration of copyright and see if copyright still exists in the work – if not, then you may clearly quote without permission.
Hi Michele, check the date of death of the authors in question-if they are dead more than 70 years, then under U.S. copyright law, their works are in the public domain and can be freely used without permission. If the work is still protected by copyright, the risk of copyright infringement in using a quote is generally quite low. However it is possible that if the quote is the essence of the work in question, that even the use of that quote may require permission.
Hi Lesley, My question is similar to Ken’s (9 Mar). I’m under contract to a non-profit organization that publishes books. An author brought me a manuscript that consisted of articles he had published in a newspaper over several years. The newspaper gave us permission to reuse them in a book. I edited the manuscript and then poured the edited manuscript into a page-layout program to produce the book. It came out in 2006. The author is going to buy the remaining stock to sell himself. The organization has no problem with that. The author has asked for the edited Word files. We have no problem with giving them to him. However, he also asked for the InDesign files. We’re reluctant to give them to him. Who has copyright in those designed pages?
Hi Ruth, without knowing exactly what you created with the inDesign program, you would have to first determine whether the resulting design/InDesign files is a work protected by copyright. If so, the organization likely owns the copyright in the resulting design. Whether or not there is copyright in the InDesign files, you physically own the files and therefore can restrict access to them if you wish to do so.
Hi Lesley,
How does copyright work with material produced by a company who has gone bankrupt? Specifically manuals produced by a company. We would like to create a new manual using material from these older manuals from an airline who has gone bankrupt. There are no personal authors on the document and no company left to contact. Would I have to get permission through the Copyright Board of Canada?
Thanks,
Carolin
Hi Carolin, you would want to do some investigation to follow the chain of ownership of the work and look into such things as to whether the manual was owned by the bankrupt company or perhaps was licensed by it. If your research shows a “dead end”, then you may want to analyse your copyright risk in terms of using the manual. And yes, you could also apply for an unlocatable copyright owner license in Canada through the Copyright Board.
Hi Lesley
I am writing a comedy which is loosely based on The Sound of Music – a very different version but recognizable. I know copyright will be required for any use of the songs but are there any constraints on the plot and characters?
Hi Michele, generally ideas, plots, news and history are not protected by copyright. What’s protected is the words or images used to express the ideas, etc. Sometimes there is a fine line between the expression and the idea itself.
@Lesley
Thanks for supporting what I knew. I just needed an expert to support my response!
Hello Lesley,
I would like to create a book from stories and essays submitted to me and edited by me. What type of permissions/rights would I need from the writers to publish this work as a book?
Thank you.
Hi Rain, you would need a license obtaining explicit permission to edit and published the stories and essays. Best to get this in writing and signed by both parties.
I was part-owner of a company that went bankrupt in 2010. Now I am starting a new company and I want to use images my previous company owned. Do I have rights to those images still? My old partner might need to sign off on them, I’m not sure what to do.
Thanks for the help,
Kim
USA
Hi Kim, it depends on various factors. Was it an incorporated company that owned the rights, or did you and your partner jointly own the rights? Do you have a written agreement relating to the ownership of the images? Who created the images in the first place and did you acquire copyright from the creator? What you need to do is investigate the copyright status of the work and any transfer of ownership and that will help you determine your next step.
I am an independent writer that has been asked to produce a series of book reviews (something new for me) for a lifestyle magazine. Do I need to obtain written permission to reproduce the cover art of the book along with the review?
Hi Lesley — I’ve got a couple of questions about copyright in not-for-profit organizations: 1) should we be following “regular” copyright practices, or does our not-for-profit status provide us with special considerations; 2) what permissions do we need to get to include articles in workbooks to accompany classes?
My understanding is that we need to follow the US copyright laws, and that our not-for-profit status doesn’t give us special privileges — but I’m getting a lot of push back…
Hi Lesley,
I’m trying to remember the “Cdn copyright law” about footnotes and links to other websites? I seem to remember learning in one of your seminars that a hyperlink can only be to the website homepage, that deep links to an actual paper require copyright permissions if making it available to others. I would appreciate your suggesting a link that quotes this information? Or where the information is in the actual Cdn Copyright Act? Much obliged …
Hi LynnO, there is nothing explicit in the Canadian or U.S. Copyright Act that discusses deep linking. Court cases, particularly in the U.S., on this issue have been settled out of court which is the reason why many organizations choose to get permission before deep linking. Linking to a home page, on the other hand, is likely okay without obtaining permission from the owner of the website to which you are linking.
Hi, I’m writing an information ebook based on a free pdf guide an industry organisation has produced and was sent out by email. There is no reference to copyright mentioned anywhere on the PDF at all – Am I am able to copy any of it into my ebook (I’m adding to and changing much or the wording, but want to know how much of the wording I can just copy and paste)
Hi Tim, whether or not the the free guide has copyright information on it, you should assume that it is protected by copyright. Copyright protection is automatic upon creation of a work and there is no need to mark the work, register it, etc. Copying as is or modifying a work requires permission from the copyright owner.
Hi. I am a librarian working in a small rural public library system in Saskatchewan, Canada. If we videoed a staff member reading a children’s storybook from the library’s collection, then made the video publically available on YouTube, would that infringe on copyright or some other public performance law?
Hi James, you should obtain permission prior to reading the book, recording your reading, and posting it on YouTube.
A writers group asked it’s members for short stories to be included in a book. 3 books were published with stories from the writers in it. The books were published by the “leader” of the group on Nov 5, 2009, June 1, 2010, and October 18, 2010. The writers did not sign over their copyrights to the leader/publisher.
Since the last book was published, the “leader” essentially kicked most of the members out of the group. However, the books are still for sale. Now, the publisher claims that they are an unofficial non-profit, but they are using the profits of these writers to publish more books.
None of the writers have received any of the proceeds from the sale of these books. Some of these writers wish to remove their stories from these books.
What is the process that must be followed to get these stories removed.
Hi Karen, the writers should contact a lawyer to proceed. There are legal advice clinics for artists in many states that may be able to assist with free or lower-fee legal services.
I would like to use a brief moving image from the film Dr. Strangelove
in a music vide which will be freely available on the web. The footage
from the film is highly edited so that the scene is quite distorted,
but the point is that knowing the image–now iconic in the US–is
essential to getting the point of the video.
Can you tell me how I can obtain rights to use this part of the film?
Sincerely,
David Hahn
Hi David, sounds you need to contact the producer of the film to obtain rights to use the required footage.
Hi Lesley,
I’ve had success in encouraging my patrons to seek out permissions. Now that they have done that, is there a “common” or “correct” verbiage to use indicate that we have cleared the copyright? For example we are using a chart in a questionnaire. Aside from noting the article in which the chart appeared, what else should put on it? Or do we do nothing, and go with the assumption that “copyright permission has been obtained unless proven otherwise” and keep our documentation on hand.
Thanks!
Patrick Hendershot
Hi Patrick, including a line about permission is a good practise and part of a permissions procedure, and the permission line is a helpful reminder to others that permission has been obtained. Unless the owner requests a specific permission line (and some owners do), develop a standard permission line to use on all content. One is “Reproduced with permission of the copyright owner.”
Hi Lesley,
I would like to adapt books into an interactive format for disabled individuals. Actual purchased books would be used with pictures from other sources (or additional copies of the book cut apart) to enable to child/young adult to manipulate (interactive with the story) and/or with a strip added to the bottom of the book with reduced print (one or two words). Hope this is clear..my question, do I need permission since I am purchasing the book and just adding to it?
Hi Wright_be, some countries’ copyright laws have exceptions for disabled individuals but they are very specific provisions for very specific purposes, so you will have to check the copyright law of your own country to see what provisions may assist you. Generally, you need permission to reproduce books and adapt them into interactive books.
Hello Lesley,
I am an artist and I took my jpegs and designed a screensaver in Microsoft windows “display”. I want to sell this on my website. Do I own it, though? And can I sell digital downloads?
Appreciate your clarification on this.
Crystal
Hi Crystal, I’m not familiar with MS “display” however generally if you create a work/screensaver, then you own the rights to the screensaver. You do not own the rights in any software that you use to create the screensaver.
Hi,
I’m interested in buying paperback books and re-covering them in a clothbound hard cover for resale. Would this infringe on copyright law? If it does, can I skirt the issue by only re-covering books written before 1923?
Thanks for your helpful knowledge!
Hi Chrissie, you need permission when you reproduce the work. Doesn’t sound like you are reproducing the books, just recovering them. You are likely okay then!
I am working on turning a blog into a book. I would like to use comments that some of the entries created because there is some great dialog. Do I need to get permission from all the people who commented? Can I create a blog post saying that I might want to publish the comments and if anyone is against having their comments published that they need to let me know?
What are your thoughts on using 5 words from a song in a textbook? The same 5 words are repeated several times throughout the song, which consists of about 1,000 words. What do you think?
Hi Sandy, at least quantity-wise, 5 words in a 1,000 word song is quite small. However, if the 5 words are repeated throughout the song and are an integral part of the song, I would likely get permission to use those words. Other things to consider; does the purpose of your use fit within one of the 4 fair use factors, and will your use compete with the original song? This is a matter of judgement you will have to make taking into account all of the circumstances.
I am a consultant designing a training course for a company (for their internal use only) and would like to reference a model from a book. The model is copy-written and “All Rights Reserved.” Please advise.
I want to do create a tutorial as described in the quote above, can it be sold without getting permission? And can I reference the name of the book and author in my sales material and the title of my tutorial without getting permission?
Opps – quote didn’t print – I’m referring to Question 9.14 in your post above. Sorry about that.
Hi Nikki, when it comes to getting permission, in general it does not matter if you are producing for your own work or for resale of a work. It may affect an analysis of fair dealing or fair use to any situation however it is not a reason in general to get or forego obtaining permission.
Thanks Lesley. Is it infringement to use her name or book’s name in the title of my tutorial? Her book name includes her real name. And thanks again, this is very helpful.
Hi Lesley,
I would like to use a quote in an area of product sales. Do I need to get permission from the person who first said the quote, and if so, how do I find the person?
Question: I work for a large University in New Mexico, USA. The recycling manager has instructed me to type of copies of articles that she tears out from various newspapers & magazines. She wants them typed word for word then emailed out to several hundred people on her email lists. The articles are on various subjects she herself finds interesting. Is this legal? She does not get permission from anyone. Thanks so much if you can offer any advice!
I recently started a blog-if I want to use an image from Huffington Post, for example, is it ok to use the image if I write Image Source: Huffington Post and have a link to the page where I got it?
Hi, Lesley. I’m a college professor and interested in publishing a textbook. Do you know what copyright issues are present when you use monologues from plays as worksheets in a textbook?
@Mary
Hi Mary, those who post comments in blogs generally own the copyright in those comments. If you are writing a print book, you need to get permission from those who commented.
Hi Maya, a model or graph or image is protected by copyright. So you will need permission to use that model in your course.
Hi Nikki, you may reference a book and its title in a work you are creating such as a course. As long as there is no reproduction of the book itself, you do not need to obtain permission.
Hi Sharon, generally you can use a quote without obtaining permission. Not sure from where you are getting the quote. Is it merely a quote? From an interview? From a written article? If the quote is from an article, is the quote short? Fair use may have to be examined if it is more than a mere quotation.
Hi AAA, get permission! You are reproducing the articles.
Hi Amanda, you need permission to use an image from the Huffington Post — unless there is clear indication on that image that you may use it without obtaining permission.
Hi Mackie, for any copyright-protected content that you plan to reproduce for use in your textbook, get permission!
Hi Lesley — We have an internal corporate website that is unavailable to anyone outside our four walls. Is it permissible to use images or advertisements found on the web that belong to other companies in a parody fashion? That is, we might pull down an image that includes a person doing some sort of job, but we will photoshop the head of one of our folks onto it (thus the parody) and put it on our site to advise our community of upcoming events or whatever. Fair use or not?
Hello,
I want to use a poem in my musical composition. The original poem is in Spanish but I want to use the translated version.
Thank you for any guidance you can offer.
Hi Michael, generally there is no difference using content for internal or public purposes, except perhaps it may be more difficult for the copyright owner to find the infringement. Parody is approached differently in each country and you’d have to look at the parody provisions, if one exists, or fair use or fair dealing, in the country where the content is being used. Generally, you want to obtain permission to reproduce a work and also to adapt or manipulate it unless there is a provision to allow these things.
Hi Sarah, if the poem is still protected by copyright, you will need permission to translate it into English, and also to use it in a musical composition.
Hi Sharon, generally a small quote can be used without permission. However, to be safest, apply the 4 fair use factors to ensure your use would be considered fair by a judge.
@Lesley
Hi, I had a similar question. My organization is publishing a resource packet for our members, and we have obtained appropriate permission from the respected sources to use their material. We want to document somewhere that we have received permission to reprint certain items. Do we do this at the bottom of each of the reprinted items or can we dedicate a page at the beginning or the packet and write something like what you suggested, “Reproduced with permission of the copyright owner.”
Thank you.
Hi i want to write a book based on another book, and im wondering if in doing so i would be infringing on copyright laws
I have written a technical article to one of the technical magazine. It’s meant for fresh technical guys. My article has been selected for publishing. I am working for a company in the same field. Do I need a permission from the company eventhouhgh, it is of purely my work, i have not copied/ used any information of my company.
Hi Sung and Caitlyn, in order to include items from existing works, or to adapt a book, you need permission from the owner of the underlying/original work. If you are merely using ideas from that earlier work, then permission is not necessary. It is not mandatory to include any specific wording re copyright about the parts or original work unless the owner of the original works requests that you do so.
Hi!
How can I determine if an academic work meets copyright guidelines?
I am working on a one man poetry show as part of a community arts festival where I will read poetical works by other artists and some of my own, there will be no charge at the event. Do I require permissions as per copyrights laws etc?
Thanks Vincent
Hi Ravikiran, is writing articles part of your employment duties? If so, they your employer likely owns your articles. You can ask your employer for clarification on ownership when you write for publications outside of work.
Hi James, that is the type of situation in which you want to clear copyright permission in the book for publicly performing it as well as recording that performance and transmitting it online, as well as privacy rights from anyone appearing in the video.
Hi Vincent, you should clear permission for performing in public the poetry of others.
Hi
Am developing a reading program for children where we will :
1. Read together widely available children’s books together
2. Do extension activities around the book theme
at libraries, activity centres & schools. Do I need permission from the copyright owners of the book to use their material for reading/ activities ?
Hi Pallavi, you would only need permission to use books in a reading program if you are using one of the exclusive rights granted to an author such as reproducing, performing in public, and adapting.
With a lot of people performing genealogy research, the following is a composite inquiry we receive at our library.
Question: I am compiling a family history, copies of which will be given to my children. The papers will include reproductions of birth, marriage and death announcements from newspapers. I also have some other clippings of news reports involving family members. Do I need permission from the newspapers to share these articles?
Many of these uses would fall within fair use/dealing. I cannot provide you with authority for this analysis but if you did such an analysis, you would like find the risk of infringement quite low.
Hi Lesley, Thank you for all this great information. I would like to write a blog based on a book. The book is light exercise program. It’s where you start out with a few exercises then each month others are added for a 12 month period. I would like to follow the program for the year and blog about it. I have a painful chronic illness, and hope by blogging my results that it will help others. Can I legally do this in any way? Thank you!
Hi Donnazoerner, you may not reproduce the book or any substantial part of it, but you may refer to the information in the book in your blog.
I have a question regarding copyright; perhaps you can help me. I want to use the picture of a painting by an artist deceased in 1962 in the cover of my thesis (for which I have no commercial intentions). I have obtained permission from the photographer, but do I need to obtain permission from the artist’s representative?
Pedro, what is the duration of copyright in the country you live in? Is there still copyright in the artist’s work? Who took the photograph of the painting? It is possible that you need permission from both the underlying work, painting, and the photograph of it.
Hi Lesley,
I am thinking to publish an anthology of translated poems. I want to translate Derek Walcott’s poem that is in public domain, let us say, Love After Love into Hindi. How do I check If the copyright exists here? Do I even need the permission if its everywhere in the public domain?
Hi Dines, the duration of copyright can vary from country to country so even if a work is in the public domain in one country does not mean that it is in the public domain in another country. Unless the work is very old (in which case you can assume it is in the PD everywhere), you will have to check country by country.
I have written a book on My journey with Autism as a parent and an educator. I have quoted many researchers on the subject giving them credit for the quotes. I have also used some concepts in the book that are in copyrighted material. Although most of the quotes are just there to backup my position I so have some lengthy detail on on Cognitive assets in education as was discussed by Wilson and Conyers in their book.. Is this ok. I am giving them full credit for the concepts. Thanks F. Mike Campbell
Hi Mike, quotes and copyright are gray area. Depends on which quotes you use, the length of them, and more. You want to look into applying fair use as in the US Copyright Act to each particular quote and determine which ones may be used without permission.
Hi Lesley – Our library recently made a copy of a journal article for a staff member who was doing research on a particular medical condition in support of a worker’s compensation claim. Now he wants to fax a copy of the article along with a supporting letter to the WCB. Do we need to get permission to do this?
Hi Emily, there is no specific exception for this use. Did you get permission in the first instance to reproduce the article? Is the reproduction already covered by some sort of licence or permission? Would you make a determination that it is covered by fair dealing perhaps?
Lesley,
Thanks so much for the quick reply. I tried first to submit under the Q & A, but the Captcha Code wouldn’t accept the message. I’ll try again now.
I write a newspaper column which consists of letter writers’ questions and the answer to their question. The letters vary in length from a few sentences to about 400 words, and they are edited to conform to newspaper style. Actual names of the writers are not used.
Writers understand that any letter received may appear in newspapers carrying the column unless the writer specifically asks that it not be published. Can these letters also be published in a compilation book without permission of the writer?
Hi Wayne, sounds like you have permission to use the letters in your column but this same permission would likely not extend to a compilation.
Hi Lesley,
Thanks for your work here. Quick question. Are you allowed to use concepts from popular books in workshops that you get paid for?
Hi John, concepts, ideas, new, facts and history are not protected by copyright, only the exact words in the books that describe them. So you may use the concepts as long as you do not copy wording to describe those concepts.
Hi Leslie,
This is Reg. I am a 4th year college student studying an allied medicine course. We have a research proposal at school and our research adviser says we have a problem with copyrights. Now, our study is all about developing a software tool that calculates and records the results of patients based on a “standardized” outcome measuring tool. These tools were developed by different authors but they are standardized and are widely and freely used by medical practitioners in clinics worldwide. My concern is whether it is ethical and legal to include such standardized questionnaires on the software without having to ask permission from the authors. I have read articles regarding fair usage but I am still confused.
Please help me.
Thank you Leslie
Hi Reg, fair use is never straight-forward. Perhaps there is a law school at your college and you could obtain their assistance with your issue.
I would like to develop some online correspondence courses for military personnel, based on popular business books. There is no cost for the military person to these courses and the courses are available only only a highly secure special educ website for mlitary personnel. In order to take the course, the military personnel have to buy the book on which the course is based. They can buy the book however they wish – IOW, the site is NOT selling the book. Do I have to obtain permission from the book publisher to create these courses? I guess this sort of falls along the lines of book club discussion groups – it is ok to write discussion questions for a book club?
Using ideas in books is permissible under copyright law. Unless you are reproducing the content in the book, or a part thereof, then you do not require permission to create your courses.
Hi Lesley,
I’m in the process of figuring out who to send a request of permission to. We have quoted material from three novels and I know I have to contact the publishers of those novels. But which one? All novels have been re-published by a great number of different publishers. Do I ask the original publisher, or the one whose version we use in the article, and who is thus named in the Works Cited list? Maybe I’m making this more complicated than it is? I’m really at a loss here.
Hi Maria, there is no correct approach. Start with the publisher who is easiest to reach and who you think will reply. Ask them whether they have the rights or not to provide the permission. If not, ask them who they think own the rights. Repeat this until you find the rightful copyright owner.
Hi Lesley,
I want to put together a site that teaches people vocal/choir parts from a recorded song. For instance, if a choir is learning the Star Spangled Banner I will have an audio version for each individual voice part and I’ll also transcribe each voice part as well. However, I will be doing this with gospel music since that genre doesn’t have sheet music/breakdown of each voice part. I want to have audio and sheet music available for them to download (for free) or listen to online. I may also have some video tutorials of the parts as well.
As I said, I will not be selling them, just a free site for people to come and learn parts. However, I may get money from the traffic to my site.
Is this legal? How can I go about this?
Hi Tosin, it really depends on the music you are using. Is the music in the public domain or still protected by copyright? If in the public domain, you can use it in any manner.
I am interested in translating a book, that was originally written in French and copyrighted in Quebec in 1839. I saw on the web that it was reprinted with a copyright in 2010. Does this mean that I cannot translate into English from the original work of 1839 without permission from the copyright holder of 2010, even though they are not the original author? How long does the copyright last?
Hi Melissa, was it reprinted in 2010 or adapted and printed as a version/adaptation in 2010? An adaptation can have a new copyright duration of life + 50, however merely using the copyright symbol with a more recent date does not by itself give the work a new copyright. Often with an adapted work, only the new part(s) are protected by copyright and the original parts are still in the public domain. If you go to the original 1839 version, you are likely within your legal limits.
Hi Leslie –
My wife & I began producing a documentary in early 2008. In December of that year, after much pre-production as well as our first three shoots we partnered with a so-called expert in fundraising. In exchange for helping raise money, this “expert” wanted to be made a producer on the film, presumably to give him a level of credibility in his fundraising. He immediately requested that we make the company an LLC (with him as the 3rd partner), which we did (however, we terminated the LLC after two years due to the cost vs. lack of funds raised. From that point, we proceeded on as a general partnership). Fast forward 3 years: we finally realized our fundraising expert was working his own agenda, and – with the help of a business attorney – we terminated the partnership. He’s now claiming ownership of ALL footage shot during his time as a producer on the film (a nominal amount was shot by him, most not, though), and is demanding credit AND payment for ANY/ALL usage of the footage in perpetuity. Is this legal?
Thanks!
Hi Tim, some complicated issues that you need to discuss with your lawyer both in the context of copyright law and ownership, and moral rights, as well what was written in any agreements you had.
I have a question about TV images and copyright: I have an author of a journal article who wants to use head-shot images from an HBO TV show in her article, but the images aren’t actually discussed in the article (only mentioned at time of insertion in the article). Are the images publishable within research or criticism exemptions?
Thank you.
SHEREE PELL
University of Toronto Press
Journals Division
My design company would like to do a newsletter or blog (format yet to be determined) where we’d let our clients know what’s happening in design around the world. We’d like to use pictures and videos, probably write a short comment about each, with links to the original site/designer. The final product will be either hosted on our site, or emailed as a pdf, once a month to our clients.
Is there any copyright issues in showcasing other design works?
thanks!
Hi Kisane, if your reproduction of works is for review purposes, and your use is considered fair, then you may not need permission. You need to understand the principles of fair use and see how your use fits within this principle. This is a judgment call each person must make in each situation.
Hello, I’d like to obtain permission to copy portions of a book which is copyrighted by a person now deceased. It seems the publisher also is no longer in existence. What is the protocol?
Hi Delores, in the U.S., after the author has been dead for 70 years (until 31 December of that year), the work is in the public domain and may be freely used. Before that time, you can try to contact heirs of the author, writer’s associations and copyright collectives to investigate who is in control of the work and may provide permission.
I am writing and selling an eBook, which helps with scripture memorizing. I would like it to be used as an auxiliary to a book with a collection of scripture which has already been published. Do I need permission from the already published book owner to refer to the chapter and section my memory help book is pertaining? For example, I have a helpful memorizing method for say Genesis 1:12, the study book, which I am referring to, lists that verse in say book 3 section 2:4. Do I need an OK to mention what book and section I am talking about? I have already received copyright permission for the scripture.
Hi Alison, if you have already obtained permission to reproduce the underlying book in whole, then you do not need specific permission to refer to specific sections, etc.
Hi there! I’m not sure who to ask, but I have a question regarding public school Christmas concerts – Are we able to perform the lyrics from a popular children’s book? (A Porcupine in a Pine Tree)
You’re help would be great!
Hi Breanne, you need to ask several questions? Is the work still protected by copyright? Would this be considered the “essence” of the book? Is there an exception in your country’s copyright laws that would allow this use without permission?
Do I need permission to print already published book covers on other surfaces. For instance if I want to print a book cover on a t shirt or a poster, with a famous quotation from the book do I need permission for that?
Hi Sungandha, book covers are protected by copyright. You need permission to reproduce book covers in any manner (unless subject to an exception in the copyright act of your country e.g., a review may fall under fair use/dealing.)
Thank you for all this great information!!! Question from me is how to get a Copy Right symbol???
Hi Nichel, there is a symbol in most word processing programs that allows you to generate the copyright symbol.
Hi Lesley,
I’ve written a children’s book with illustrations and I have used some words from a school material, do I need to get permission for using 6 words? I don’t know who’s the owner of the material. Thank you.
Generally, a small amount of 6 words should not require permission but there was a UK case that said 11 words required permission. It really depends on how the words relate to the entire work and if they are the essence of the entire work.
I am writing an ebook that I am going to self publish. It is basically a diary of sort but I have personal emails from an individual to myself and to my husband that I would like to include quotes from in the book. Do I need permission from the sender of those emails to use these emails that were written to me personally or to my husband even if I do not use their name? Thanks!
Hi Heather, emails are protected by copyright and belong to the person who wrote them. You need permission to publish those emails or parts of them in a book.
Well since that will never happen… I can put what the person said in my own words correct? For example… I can’t say she said “I wish he had never met her.” I can’t use that because it is copyrighted…but I could say: She told him that she wished he had never met me. Correct?
Hi Heather, I don’t have all your questions in front of me as I reply to this particular one. So in general, summarizing things in your own words is always fine. Only exact or near exact reproduction raises a right in copyright.
Thanks Lesley …
Thanks Lesley …
I wish to do a play that includes short scenes from famous old movies. It is for a small private non-profit tax-exempt drama class of young students. I was planning on giving the credit in the program, but do I need to do anything else to use the material? We are not marketing or charging for the performance. Is there anything else I need to do to stream or record the performance for our class purposes?
Hi Liz, sounds like some very specific circumstances. Although there are some exceptions for performances (which do not always include recording or streaming), you need to look at the specific wording in the laws of your country (perhaps the U.S. Copyright Act?), and also at the fair use provision, to see whether your facts fall within these provisions.
I am making a series of educational videos on constitutional issues, like separation of powers, due process, civil liberties, and other similar topics in a different language and will occasionally be using material from parts of a book that is protected by US copyright, but will be referring to the author and the particular book throughout the video. Most of the material is US Supreme Court cases and the authors analysis. Do I need permission from the author or publisher? and also would paraphrasing his analysis instead of word for word translation make a difference?
Thanks
Hi Iman, you can summarize information from books but when it comes to quoting or reproducing sections, you either need to make a fair use analysis or obtain permission.
I am writing a training curriculum for foster
parents. Other trainers will be using it. Am I allowed to suggest that they
show a clip from a movie or film as part of a certain segment of the training –
if I suggest 2 or more options rather than “requiring” one specific clip, may I
do this without requiring consent or do I need consent no matter what?
Hi Sue, suggesting works is allowed without copyright permission. Permission only comes into play when you are using a work in a copyright sense, i.e., reproducing it, performing it in public.
I am hoping that you can help me. I am a fiction author. I am hoping to write my next novel about a character (fictional) that is a member of the New York Yankees. Is that acceptable or do I need to seek permission from their organization.
Hi Beth, is there a copyright protected work in which you are seeking permission?
Dear Lesley,
I am writing a series of short stories based on a famous Canadian. Do I need family/ estate permission before copyrighting book or do I require this only at the publishIng stage.
Do I copyright all the stories at once or one at a time?
That could get expensive if the latter is the case.
Thanks very much
Heidi
Hi Heidi, the book is yours and you may copyright it, and may register it as a whole work.
Hello,
I have attended many seminars from authors from across the world. And usually record the conversations from Speaker to Guest. And many followers will record their personal recording on youtube and broadcast them, as well. My question is, even though the Speaker has copyright regulations to not reprint their work.. do I have the right to type out the conversations recorded (between Speaker and Guest), word per word, and publish a book from that. Giving credit where credit is due?
Hi Zuky, do you have permission to record the conversations? You may be violating privacy and contractual rights, in addition to copyright if the author reads parts of his/her works. There may also be ethical issues involved. Similar issues may arise in writing out the conversations.
Hi there,
I would like to create an EBook based on summarizing a textbook, and then sell the EBook. I will be writing the content in my own words and using the textbook only as a guideline. Would I need permission or need to give credit to the authors of the textbook since I will be making money from summarizing it? Thank you.
Hi Ariana, generally you do not need permission to summarize content and put it in your own words. Just make sure you stick to this plan!
Would using free online wallpaper downloads as part of web banners be legal?
Hi, we are doing a webinar for our audience (child care clients) and in it want to show a book cover for a book we are purchasing for all the programs to use. Do I need permission to show the book cover?
Hello Lesley 😀
I were thinking about making an arabic youtube video about stem cells
I purchased books about the subject
can I translate some of the book’s ideas into my video? Not literally “i’ll change the sequence and the words obviously”
I am thinking of creating quizzes for my sons class based on a magazine ..do I need to ask for permission to do so ? What do I need to be aware of ?
Hi “None” – as long as you don’t reproduce any copyright-protected works you do not need to obtain any permission.
Hello I have a question that I couldn’t find an answer for in your previous answered questions.
I have an ebook guide that I have written for a copyrighted computer software/game. This guide contains my own words only and does not include pictures or any part of the software. Can I legally sell my guide?
Thank you so much!
Hi James, you are not reproducing any copyright-protected works in your guide and therefore do not need to obtain any permission.