Faculty Resources

Before seeking permission - IMPORTANT!

Before seeking permission, double check with your librarian to confirm whether the material is available via a library subscription.

Identify the copyright owner

In the event that you definitely need to seek permission, you will need to start by identifying the the copyright owner. This may or may not be the author of the material. Start by looking for a copyright notice. This will provide information on what party holds the copyright. If there is no copyright notice, identify the author of the material. If you cannot identify the author, try to identify the publisher.

Contact the copyright owner

Once you have identified the author and/or publisher, contact them directly. Writing a letter, sending an email, or making a call are all appropriate ways to make contact. Include the following details about the material in your request:

• Title
• Author and/or editor
• Edition
• Date
• Material to be duplicated (e.g. chapter of a book)
• Number of copies
• Form of distribution
• Purpose (e.g. classroom use) - make sure to indicate the time period or duration if copying will occur on an on-going basis
• Type of reprint (photocopy, offset, typeset, reproduced)

Make sure to leave sufficient time (4-6 weeks) for the copyright owner to receive, review, and grant or deny your request.

Confirm the owner's authority to grant permission

Authors may sign over the copyright to their work to a publisher, they may sign over ownership but maintain some rights, or they may retain copyright. Make sure to inquire about this in your initial contact with the author/publisher.

Obtain written permission

Ideally, the copyright owner should provide you with written permission for use of the material with details regarding the scope of that use. This is where the detailed nature of your original request will come in handy; vaguely worded permissions may not cover your intended use, and the permissions process may take longer than expected.

Keep in mind that permission does not have to be given in writing. If you receive permission orally, make sure to document the conversation. It may also help to send a written confirmation of the conversation to the copyright owner to sign off on.

Make sure to retain all written communications and documented conversations in the event that the permissions are challenged.

Difficulty identifying the owner

If you cannot identify the author or publisher (may occur with materials like photographs or archival papers), try checking with the source of the copy you obtained. For example, if you found a document in an archive's collections, ask the archivist for further information or whether they would be willing to track down the information for you.

Unidentifiable or unresponsive owners

In seeking permission, you may be unable to identify the copyright owner, or they may not respond to your requests. In these cases, keep in mind that no amount of unsuccessful effort eliminates liability for copyright infringement. Because Aultman College may be liable for your infringement, it is encouraged to avoid using materials for which you have not obtained permission, even if you couldn't identify the owner or get a denial for your request.

Orphan works and taking risks

If you are unable to identify or contact a copyright owner, you may have found an "orphan work." Orphan works occur when there is no identifiable creator and no known copyright owner. The use of orphan works (if the use is in excess of fair use) takes on a certain risk that there is in fact no owner. This is entirely your decision, but it should be made with the best judgment and should again weigh the four factors of fair use.