on June 7, 2008
Copyright law has become a matter of serious concern in recent years - so how do you use anything without getting sued? "Getting Permission: How to License & Clear Copyrighted Materials Online and Off" is a guide for anyone in a business situation where they will have to use someone else's creative license for their own. The guide covers the permission process, public domain issues, finding the copyright holder to get permission, fair use, and other issues that often crop up in this field. Enhanced with a CD-ROM which compiles the information in an easy to search format, "Getting Permission: How to License & Clear Copyrighted Materials Online and Off" is highly recommended to any business who often use other company's copyrights, and community library business collections.
I really wish these No Ho books were standard issue and text books for schools. They are easy to read, well organized and filled with facts.
If you plan to use any copyrighted material for your own purposes, you need to get permission first from the owners of that work. If you don't, you could find yourself slapped with an expensive and time-consuming lawsuit.
Getting Permission tackles the permissions process head-on -- without the legalese. It shines the light on whom to ask for permission, as well as when -- and how much to expect -- to pay for permission. Comprehensive and easy-to-read, the book covers of vast amount of subjects like - the permissions process, the public domain, copyright research, fair use, academic permissions, the elements of a license and merchandise agreement, the use of a trademark or fictional character, and much more
Getting Permission includes agreements for acquiring authorization to use text, photographs, artwork, and music, whether it's found online or off. All agreements included as tear-outs and on CD-ROM.
The 4th edition of this essential guide is completely updated to reflect the latest laws and court decisions.
Here is the table of contents...see for yourself everything need to know.
Table of Contents
1. Introduction to the Permissions Process
Permission: What Is It and Why Do I Need It?
The Basics of Getting Permission
Overview of Intellectual Property Laws
Permission Tools: Licenses and Releases
2. Getting Permission to Use Text
Who Owns the Text?
Start With Online Permission Services
Locate the Publisher
Contact the Author
Special Situations: Ann Landers and Beyond
When You Can't Find the Rights Holder
Paraphrasing, Omissions, and Facts
Negotiating Text Permission and Fees
3. Getting Permission to Use Photographs
The World of Stock Photos
Obtaining Rights to a Photo You've Found
Celebrity Photos and Movie Stills
Using Photo Researchers
Photo Permission Agreements
When the Photograph Contains Art, Trademarks, or People
Stock Photo Resources
4. Getting Permission to Use Artwork
Acquiring Rights to Artwork
Fine Art: Paintings, Sculptures, and Limited Editions
Comics and Cartoons
Royalty-Free and Public Domain Clip Art
Searching for Art
Artwork Fees and Agreements
5. Getting Permission to Use Music
Acquiring Rights to Music
Song and Sound Recording Copyrights
Reprinting Music or Lyrics
Playing Music at a Business or Event
Releasing Music for Sale
Using Music in a Commercial, Radio Show, or as Background Music
Using Music in a Film, Television Show, or Video
Performing a Musical or Play
Using Music in Software, Videogames, or Multimedia Programs
Using Music on a Website
Using Music Samples
Finding Music Publishers
Finding Record Companies
Music Clearance Companies
6. Website Permissions
Websites: Five Ways to Stay Out of Trouble
Transferring Information to and From a Website
Connecting to Other Websites
7. Academic and Educational Permissions
Educational Uses of Noncoursepack Materials
Proposed (But Not Adopted) Educational Guidelines on Fair Use
Academic Permission Resources
8. The Public Domain
Welcome to the Public Domain
Public Domain Trouble Spots
9. Fair Use
What Is Fair Use?
Measuring Fair Use: The Four Factors
Summaries of Fair Use Cases
Disagreements Over Fair Use: When Are You Likely to Get Sued?
10. Getting Permission to Use Trademarks
When You Need Permission to Use a Trademark
Locating a Trademark Owner
11. Art and Merchandise Licenses
Overview of Merchandise Licensing
Merchandise License Agreement
Explanation of Merchandise License Agreement
Merchandise License Worksheet
Short-Form Merchandise License Agreement
Legal Risks of Failing to Obtain a Release
When to Use a Release
Personal Release Agreements
Interview and Property Releases
13. Copyright Research
Copyright Ownership and Transfers FAQs
Starting Your Copyright Research
Searching the Copyright Office and Library of Congress Records
14. After Permission Is Granted
Permissions Tracking Sheet
Good Permissions Gone Bad
15. Assignments and Works Made for Hire
Works Made for Hire
16. Help Beyond This Book
Resources for More Detailed Permissions Research
Conducting Legal Research
Working With an Attorney
Appendix: How to Use the CD-ROM
Installing the Files Onto Your Computer
Using the Word Processing Files to Create Documents
Files on the Cd-Rom
As you can see...everything you need to know regarding getting the permissions you need and doing it legally and properly! With extreme details - a must for every library. 12-16-10
NOLO nails it again! I do video and web production and I have questions about copyright and clearance all the time. In the "Wild West" days of the Internet, if you could digitize it, you could use it, but eventually copyright owners started (rightfully) demanding protection for their property. These days video and Internet production is a intellectual property minefield. And if you are doing any kind of video or Internet production and you aren't worried about intellectual property issues, both to protect your own work and to make sure you aren't using protected work in your productions, you are probably setting yourself up for, at a minimum, a major headache, or, in the worst case, an expensive legal nightmare.
This book is the answer to my prayers. It will never leave my desk! I have consulted it once or twice a week for the month or two that I've had it. Like most NOLO books, it is very well organized, making it very easy to find the answers to my questions. Clearly and concisely written, this book has satisfactorily answered all of the questions that I've put to it. It beats the pants off of the Magic 8 Ball that I used to use. I'm really pleased.
While it's not a replacement for a good lawyer for really important or complex issues, it's the best resource I've seen for a clear understanding of how licensing works and how to find and secure the rights to use content. Over the years, NOLO books have become my "go-to" resources whenever I am facing a legal issue. This book is no exception.
Getting Permission: How to License & Clear Copyrighted Materials Online & Off provides understandable legal information for writers who work in areas involving copyrights and other permissions. First there is an explanation of the procedure involved in the permission process. We hear about intellectual property, but we may not always know what the term involves and what the laws protect. There is a general brief and clear discussion in the first chapter. What happens when people hire writers to do their work? See Chapter 1.
When we started quoting people in term papers in school, some of us wondered what permission is required when we publish something we write. When is it necessary to contact an author or publisher? Chapter 2 contains a help with this problem.
Is it all right to use another person's photographs? What permission is required? What are stock photos, and how can we find them? See Chapter 3 for websites and contact phone numbers.
Artwork, including cartoons, require permission. That's Chapter 4. Chapter 5 deals with music. Other discussions include websites and academic permissions.
Finding popular domain books and republishing them is a lucrative business now, but there are trouble spots. See Chapter 8.
Fair use, trademarks, merchandise licenses -- what do we know of these? This book is loaded with helps. There are risks in failing to obtain a release, but how to we ask for one? This book is essential for most writers! It even offers suggestions about keeping up with permissions on a spread sheet.
If I have broken any of the rules in this review, my mistakes are innocent.
I'm a composer who writes music for choral organizations and choirs. What makes copyright so complicated is that "copyright" is really a bundle of rights: publication, derivative works, performance, recording (mechanical) rights, grand performance rights, etc., each with its own specific set of rules.
Given the complexity of the subject, I jumped at the chance to examine and review this book.
This is definitely a comprehensive guide, especially if you want to reproduce text, photos, or music on a website -- where the most confusion seems to exist. It also explains the idea of fair use, and academic/educational uses of copyrighted works.
I didn't find it 100% helpful in my case, but I really didn't expect to. I tend to use public domain texts as lyrics for my compositions, and I'm careful to secure the appropriate permissions for the rest. Then there's the issue of creating an arrangement of an existing work (for example, a choral arrangement of Leonard Cohen's "Hallelujah") -- which falls under the legal definition of "derivative work." This isn't covered in Stim's book. The idea of recording "covers" is; but not creating and publishing printed music representing a new work (the choral arrangement) based on an existing one.
Still, I give this book very high marks. It's probably the most complete explanation of what copyright is and how it affects those in the creative arts today.
on January 29, 2013
This book is an essential book for any writer or publisher. Every type of permission you need is neatly contained within it's folds and print out contracts are there and ready for your use. It has wonderful tips and stradegies to keeping your work from any type of copyright infringement - I'd definitely will and have, recommended this book.
on May 25, 2011
This book is a substantial resource for many types of people, creators, artists, and more. I have found this to be my savior when dealing with video content on YouTube.
The false claims and copyright infringement abuse on YouTube is way out of hand and truly pathetic. First, record labels, filing claims against a video of a baby dancing, and a song just happens to be playing in the background. The person has 10 subscribers, 9 of which are probably family and friends, and they go after the innocent. Even if a video uses a favorite song, and it's added, it's free promotion for the song. The record labels are complete idiots. Period. There are songs you never heard of until a wedding video popped up, dancing down the isle, however, they file a claim and smother the page with ads or remove the video or get the account terminated. These are just a couple examples of the inept handling of copyright.
You know Beyonce's I Am...Sasha Fierce (Incl. Music Videos) with the music video for "Single Ladies". That music video was inspired by someone uploading a YouTube video from the 60's of Gwen Verdon and two other dancers. People replaced the audio with various songs, but many remember "Walk It Out Fosse". Hundreds of versions soon followed, all using the short low resolution clip. Then people wondered where all the videos went. The very video that inspired the Beyonce video was removed by "SOFA Entertainment" ... every single one of these people got a strike against their account for copyright infringement. Remember, the audio was replaced, so they were claiming the footage from over 50 years ago. "SOFA Entertainment" is the epitome of stupidity. They could have taken that as free promotion, and released the original video. But, no, they chose to ruin hundreds of accounts. The video still goes up repeatedly, and they keep taking it down. Pathetic!
So, to avoid such a thing, the correct way to upload the video of woman dancing from over 50 years ago is to find the source. No one would ever know who this would be, nor care. Even though we are not selling anything, and just using a piece of history, we still have to get permission. But why would anyone contact SOFA and ask if they can upload some footage, when the only result would be fun. No one would go through the aggravation of trying to explain to an old fogie company the meaning of YouTube. Therefore, we all lose.
I have several YouTube channels, and run a few for notable musicians. I also have a collection of vintage films that are well beyond copyright that I preserve, upload and share. Well, I have received many claims against me, and with the help of this book, I appealed and won every single one of the cases. I even fought THX (George Lucas) and won, and my video was reinstated. There are many things that you do not have to ask permission for. But there are many who think they own something when they do not. That would be a false claim. So I actually used this resource to reverse the point of the book into my favor.
I do however have many videos with music and clips that do not belong to me, but I have always contacted the artist or owner of the content to ask permission. My methods previously were very casual, as it should be. If I find an independent singer/songwriter with a song that would work well with my project, they always give permission as it's free promotion to their art. However, with this book, I will cover my butt for now on, and use the given tips and resources, along with a CD of official forms to print and sign. It is unfortunate in a digital age that it has come to this, but best to do it right, and not take chances.
I used YouTube as my example, but keep in mind, this book is great for other digital entities such as web site and blogs. Maybe you want to use a photo or image, well, you need to get permission. Just as important as if you were writing a book or publishing an article with such content you do not own. If you are a creator of anything that involves the use of something that did not derive from your brain, this book is a must buy. It's also something to watch to get the latest editions as they come, as laws changes quickly.
"Getting Permission: How to License & Clear Copyrighted Materials Online & Off" is a must have for any artist, writer, filmmaker, advertising executive, theater group, etc.
I replaced my 3rd edition with this updated 4th edition. Laws are newly written, changed, and somewhere out there in the midst of being appealed or argued at this time. All the forms discussed in the book are available as tear outs and on a CD-ROM included with the book.
"Getting Permission" covers the process of getting permission, how to research a copyright, what is public domain, what is fair use, etc. There's a lot packed in this easy to read and easy to understand book that untangles the gobblity gook of the legalese most of us look at and say, "Huh?" When should you be expecting to pay fees and what kinds of fees. How many fees? And remember, fees are cheaper than a Judge's ruling if you lose.
Even if you aren't going to need to get permission from someone else, you may be put in the position of being asked for it. What should you ask of the requester if you decide to give them permission? Do you know what documents need to be drawn up and signed?
If your community guild decides to put on a fundraiser play, what steps need to be taken before advertising then performing the play?
I think the Nolo Legal Guides are the best ones out there for the everyday person who needs to know what they need to be aware of when doing business. Who doesn't want the peace of mind that chances are slimmer anyone will be mailing you a large envelope of papers within a heavy, steel blue paper inviting you to join them in a bit of litigation.
on December 16, 2010
Getting Permission is a necessary guide for anyone wanting to learn more about copyright or for those seeking permission for another's intellectual property.
Written in a clear, concise manner, this text would be useful for writers, musicians, and artists. It is not a "definitive" guide since each particular query would best be served by personal legal counsel. However, the general information answers most questions, such as:
* Can song lyrics be quoted?
* How to locate publishers? Or if there is more than one, must 'all' be contacted?
* How to find out if a body of work is in the public domain?
* How should permission be sought and what type of letter or contract should be initiated?
* What fees or royalties are involved?
* Plus, so much more.
All around, this book is highly recommended.
on June 18, 2012
I confess I have only just skimmed this book, but this really looks like the all-purpose resource any creative person needs. I see lots of different situations covered here. Since I work with sampling, do cut-up poetry in additional to original poetry, and use other imagery in photocollage, I've been wondering what to do about the legal angle, should I want to try to release my work to a more "public" audience.
This book covers it all, and very concisely. The cd enclosed even has the legal forms to use, which should be very helpful.
I like the way you can easily find the answers you're looking for, as opposed to wading through a lot of legal-ese. Indispensible to anyone who works with any kind of appropriated content.