- •Preface
- •How to Use This Material
- •Lesson 1 : What Is a Copyright?
- •For More Information
- •Lesson 2: What Are the Rights of a Copyright Owner?
- •Question 1
- •Question 2
- •Question 3
- •Question 1
- •Question 2
- •Lesson 3: Who Owns a Copyright?
- •Question 3
- •Question 4
- •Lesson 4: How Long Does a Copyright Last?
- •Question 2
- •Registration
- •Question 3
- •Question 4
- •Question 5
- •For More Information
- •Lesson 7: Fair Use and Public Domain Understanding Fair Use
- •Applying Fair Use Doctrine
- •Examples of Fair Use
- •Examples That Are Not Fair Use
- •Understand Public Domain
- •Avoid Copyright Infringement
- •Get Permission to Use Copyright-Protected Material
- •For More Information
- •Lesson 8: What Is a Trademark? Trademarks
- •Service Marks
- •Collective Marks
- •Certification Marks
- •Lesson 9: How to Select a Protectable Trademark
- •Requirements of Distinctiveness
- •How to choose a mark
- •Confusing Similarity to Another Mark
- •Distinguishing Goods and Services
- •Lesson 10: How to Protect Your Trademark
- •Use the Mark
- •Use the Trademark Symbol
- •Avoid Generic Use
- •Monitor the Trademark
- •Take Legal Action
- •Register the Mark
- •Renew the Trademark
- •For More Information
- •Lesson 11: How to Register Your Trademark
- •Make an Initial Determination of Classification
- •Do a Thorough Search
- •Analyze the Report
- •Select the Proper Application Form
- •Submit Specimens
- •Check Status of Application
- •Information Required for the Trademark Application
- •A Few Final Notes Regarding Registration
- •For More Information
- •Resources Copyrights and Licenses
- •Public Domain Resources
- •U.S. Government Websites
- •Appendix: Sample Forms, Contracts, and Letters
- •Sample Assignment of Copyright Agreement
- •Sample Work-Made-for-Hire Agreement
- •Form tx
- •Sample Cover Letter to the Registrar of Copyrights
- •Sample Permission Request Letter
- •Sample Cease-and-Desist Letter for Copyright/Trademark Infringement
- •About the Author
Get Permission to Use Copyright-Protected Material
In most cases, securing permission is not as difficult as it first appears. It just requires a little effort. Here’s what you do:
Identify what you want to use, such as photos, cartoons, quotes, or text.
Get clear on how you want to use it, such as in an overhead in your training, music during your presentation, clips in your video, in your handout materials, or as part of an article or book.
Identify who you need to speak with to get permission, such as the author, publisher, magazine, cartoonist, movie studio, record company, or clearinghouse.
Identify where you must go to get permission. For printed materials look in front of the book or magazine for information on permissions or reprints, or consider the Copyright Clearance Center. For music, contact ASCAP, BMI, or SESAC. See additional resources in the Resources section.
Send a letter or email requesting permission to use the material. The letter should include the following: a. detailed description of what you want to use and where you found it (for example, if from a book, include exact title, page number, and any other identifying information) b. how you want to use it or what rights you need c. who you are d. a signature line.
Make two copies (one for you and one for them to keep).
We’ve included a sample letter in the Appendix of this book and the companion CD for your review. Please feel free to take a look at it.
Your Copyright Workshop Part 1. The Four-Factor Test Taking into account a work of art that doesn’t belong to you that you’d like to reproduce, display, distribute, or use in some way, does your use meet the fair use four-factor test: purpose, nature, amount, and market impact?
|
|||||||||||||||||||||||||||||||||||
Part 2. Licenses and Permissions If not, what action can you take to secure a license or permission to use it? If it’s printed matter, contact the publisher for the permissions or rights department. You will need to submit your request in writing and be as detailed and specific as you can regarding how you want to use the copyrighted work.
Part 3. Public Domain If something is in the public domain, make sure it is indeed in the public domain. Invest the time to do the research or don’t use the work. Review the public domain resource websites (see Resources section of this book). |
