Tips on Seeking Permission from Copyright Owners

1. When do I need to get permission?

When the material you want to use is still within within copyright. (If copyright has expired, you will not need permission).
When you want to use the material for a commercial or promotional purpose (not educational use)
When publishing research that includes third-party materials
When the copyright material you want to use for teaching purposes exceeds the educational allowances provided within the Copyright Act
When you want to publish the material online on a website where the public have access (the Fair Dealing or educational allowances under the Copyright Act won't apply).
When adapting a copyright work or creating a new or 'derivative' work from an original copyright work (eg animating a still image, modifying or redrawing diagrams, translating from one language into another).

2. For what kinds of materials and for what kinds of uses do I need permission?

Example 1: Quotes, tables, extracts of text and data which have been published already and which you wish to reproduce in your research publications.

Typically, publishers may expect you to have secured copyright permission for any text excerpts or quotes that you want to include in your work and that are in excess of 100 words from a single source work or book. Check what their requirements are.
Tables are considered literary works under copyright law

Example 2: Using photos, images or diagrams from print sources for a research publication or for a promotional purpose

Diagrams are artistic works under copyright law. You cannot simply redraw or reproduce without permission if you intend to use these
A photo of a painting could include copyright in the underlying painting and separate copyright in the photo. Even if the painting is out of copyright, the photo may still be protected by copyright so unless you took the photo yourself you'll need to get permission from the photographer/copyright holder.

Example 3: Using images, photos or diagrams from online sources for commercial, promotional purposes or research publications

You can not assume images on the Internet are free to reproduce: you will need permission to use images for publication, commercial or promotional purposes, just as you do for text excerpts from print sources
Is the image from a legitimate source? Is it online with the permission of the copyright owner? You should avoid using unauthorised images in research
If the image is from an image database or obtained under a licence eg creative commons or flickr, you must follow the relevant terms and conditions of that database or licence. Some stock photo libraries or image banks online (eg gettyimages.com) have very restrictive licences and will impose a fee (even for 'royalty-free' images).

Example 4: Copying extracts from a purchased or hired DVD

Unless the item already comes with an open licence allowing for further publication, online display, performance in public or free distribution, you will definitely need permission from the copyright holder to include segments of a DVD (even as still images) in research publications or on a website for promotional purposes etc.
Similarly, there is no allowance in the Copyright Act that allows staff to copy DVDs, videos, computer games or digital video files from the web even for educational purposes: permission must be obtained from the copyright owners. This may be the producer, media entertainment company, or the film studio.
It can be very difficult, and costly, to obtain permission for this kind of content. It may be preferable to simply show the DVD in class and not copy it, or (in the case of a film) to obtain a broadcast version that has been copied under the Screenrights Licence. This can be edited and copied for use in class.

Example 5: Survey questions and instruments which you want to reproduce in a research publication

If you use a survey instrument or questionnaire devised by someone else you will generally need permission to use this material unless it already comes with some kind of open licence
If you purchase a survey online, follow the terms and conditions of purchase (eg, psychological tests sold online for use in teaching may not be available for research purposes)

Example 6: Using photos, diagrams, stills of film or TV shows, screen captures from the web in publicity for your course

Promotional purposes are not considered to be educational purposes even if they relate to the promotion of an educational course or activity. Unless the content you want to use in your promotion already comes with a licence or statement that allows that kind of use, you will need to seek permission.
Copyright still applies to photos/images that are freely available on the web. Just because material is online does not mean that you can use it without permission.

Example 7: Copying more than 10% or one chapter of a work for your students when the source work is still commercially available

The Part VB 'CAL' Licence limits copying to 10% of the total number of pages in a work, or one chapter, whichever is the greater. If you want to copy more than one chapter for your students you would need to get permission from the copyright owner, usually the publisher
If the book is out of print (not commercially available) you won't need permission. Check with the University bookshop or get verification (preferably in print) of the 'out-of-print' status of the work from an online retailer (eg. Amazon). You do not need to check if there are second-hand copies of the book available.

Example 8: Making translations or adaptations of material for class

There is a special provision in the Copyright Act (section 200AB) which may allow for adaptation of a work for educational purposes (instruction), provided the adaptation meets certain conditions and is a 'special case'. Check first with the Copyright Adviser. If it turns out that this special allowance doesn't apply in your case, you may then need to seek permission to go ahead with your adaptation.

3. Who is the copyright owner?

Usually the creator/author or publisher/producer of the work

There is no register or list of records of Copyright owners
An employer usually owns copyright in work made by employees as part of their duties
Check for the copyright symbol © and a name and date: this can be an indication of the copyright owner (it may not always be correct).
Publishers are often the copyright owners: the author/creator may have assigned (sold) their copyright to a publisher or other entity (media company, recording company etc)
Production companies will often be copyright owners of film and TV programs. They may know the copyright owner if they cannot give permission themselves.
Galleries or museums may be able to give permission for artistic works or put you in touch with the copyright owner.
For websites look for suitable contacts on the site's contact page or, failing that, contact the webmaster. Although they may not be the copyright owner, they may have contact details for owners.
If there is no information on a website about copyright ownership of the site (or parts thereof) this could indicate the material is online without permission
Collecting societies may have information about copyright owners and how you can ask for permission. In some cases they may licence the material for use themselves:
- Artistic works from Viscopy
- Photographs from AIPP and APACA
- Musical works and sound recordings from APRA/AMCOS
- Print material from CAL
- Broadcast material from Screenrights
ALWAYS keep a record of any searches or attempts to contact the copyright owner and any records relating to the permissions process.

4. Express permissions

Many websites have copyright information in their footers or on the home page. These may give express permission to copy information from the website with different conditions
You can use this material if you follow those terms and conditions
Keep a print-out or similar record of the website terms
Software licences may allow copies to be made for research or teaching. You would need to keep a written record of the terms of permission
CD-ROMs or DVDs of materials may allow reproduction in research or teaching. Again you would need to check the terms of use
Material could be available under a Creative Commons, GNU/GPL or other open content licence. But you still need to be careful about the licence terms (can you change the material? Must you make the new material you create available under same terms?)

5. Writing to copyright owners

Email can be handy and efficient as you then retain a record of your correspondence.
You may need to follow up with a phone call to remind copyright owners of your request
Often publisher websites or those of other organisations will have an email address or an online form for permission requests
Leave yourself plenty of time: the copyright owner may be difficult to find or may not respond promptly
You cannot assume permission is granted because you do not get any reply to your request

6. What do I include in my permission request?

Here are a few tips on what to include in your request (you may not need to cover all of these points)

Your name and contact details; organisation (Monash University, Faculty/School Dept etc etc)
A clear identification of the material for which you seek permission
How the material will be used: made available on a publicly accessible website; published in a research paper online / in print; provided online for access by students in your course; reproduced in a unit guide for student use only, etc etc.
What format it will be reproduced in (eg print only, electronic copy supplied on a disc to users; made available online on a secure website; combination of print and online, etc etc).
Where it is to be published or made available eg online thesis repository, journal, book chapter, online in a password protected system (MUSO), in a limited number of course handbooks printed and sent out to students
Whether use is non-commercial or for educational purposes only
Why you want to use the material (eg good example of research, illustrates your hypothesis good example for students, summarises your approach to this issue in this course etc).
Number of copies made or number of users with access to the material
If changes are made to the material, why those changes are important – or that no change will be made and the material will be reproduced in full
That full credit for the source will be given and the acknowledgement will be in the form that the copyright owner requires

Refer to the Resources and downloads page for template permissions letters.