Obtaining Permission and Licensing

Link to resources for obtaining permission to use copyrighted works when fair use limits are exceeded. The list includes licensing organizations to contact when license fees may be required.

4.1 Permission Sources
Starting points for obtaining permission. Information on finding out if an older work is still protected under copyright or freely available in the public domain is also provided.

Getting Permission
"Assuming the work you wish to use is protected, your use is not a fair use or otherwise exempt from liability for infringement, and the work has not been licensed for your use online, you need permission. Now what?" By Georgia Harper, manager of the Intellectual Property Section of the Office of General Counsel for the University of Texas System.
A Guide to Permissions and Public Domain Materials
Dr. Rosemary Talab's guide provides resources for a variety of media. Click "Obtaining Permissions" for additional resources. From Kansas State University's Intellectual Property Information Center.
U.S. Copyright Office: Copyright Internet Resources
See the links to "Copyright Licensing Organizations & Publications Rights Clearinghouses."
U.S. Copyright Office: Information Circulars and Factsheets
See How to Investigate the Copyright Status of a Work (Circular 22) and Duration of Copyright: Provisions of the Law Dealing with the Length of Copyright Protection (Circular 15a). Both are updated for the new Sonny Bono Copyright Term Extension Act.
Locating U.S. Copyright Holders
Resources for researchers who need to identify copyright holders. From WATCH: Writers, Artists, and Their Copyright Holders (they also maintain a database of copyright holders and contact information for writers and artists whose works are housed in archives). WATCH is hosted by the Harry Ransom Humanities Research Center at The University of Texas at Austin.
When Works Pass Into the Public Domain
Use this chart to find out if an older work is available in public domain or still protected by copyright. Updated for the Sonny Bono Copyright Extension Act. From Laura N. Gasaway, Director of the Law Library & Professor of Law, University of North Carolina.

4.2 Licensing Organizations
A list of organizations that issue licenses for the use of copyrighted works and collect and distribute royalties to copyright owners or their representatives. Sites that aid in understanding the licensing process head the Print, Music, and Theater and Musicals sub-sections.

4.2.1 Print

Campus Copyright Education Program (Association of American Publishers)
"This site is intended for use as a reference for those seeking permission to reproduce copyrighted texts for college courses." It features an AAP-approved permission request form.
Copyright Clearance Center
The CCC is a not-for-profit licenser of photocopy and electronic reproduction rights. Click "services" to access their Academic Permissions Service for Higher Education or Electronic Course Content Service for Libraries. APS grants permission to make academic coursepacks or classroom handouts; ECCS grants permission to use copyrighted materials in electronic reserves.

4.2.2 Music

Music Publishers' Association - Copyright Resource Center
Locate the copyright holder or publisher of a piece of music with MPA's Copyright Search Center. This one-stop page allows you to search using their Publisher Directory and Publishers' Imprints, as well as ASCAP, BMI, and SESAC search engines. Forms are available for obtaining a publisher's permission to arrange a piece of music or make copies of out-of-print music.
Music Publishers' Association - Document Library
MPA documents include The United States Copyright Law: A Guide for Music Educators and An Outline for the Correct Use of Copyrighted Printed Music.
A Guide to Copyright for Music Librarians
The FAQs section answers permission questions regarding Composers and Authors and Performing Rights. From the Legislation Committee of the Music Library Association.
Recording Industry Association of America
RIAA offers copyright basics, music & the internet, and licensing & royalties sections.
Musicians' Intellectual Law & Resources Links
Entertainment law attorney Jay M. Schornstein provides assistance and resources for copyright, royalties, and contracts.
FindLaw Entertainment
This entertainment law directory features a section on Copyright Resources. Also of interest are the sections for Film and TV, General Legal Entertainment, Music, Performing Arts and Visual Arts, and Writers.
ASCAP (American Society of Composers, Authors and Publishers)
ASCAP is a performing rights organization representing composers, songwriters, lyricists, and music publishers. If you want to use a work in a performance, click "ACE Database" to search ASCAP's database of song titles.
BMI
BMI is a performing rights organization representing songwriters, composers, and music publishers. The About BMI > The BMI Library section provides licensing forms and explains the nature of music publishing, copyright, and royalties. See the Music Professional section for additional information for educators. Search the BMI.com Repertoire to access song title registration and contact information.
SESAC
SESAC (like BMI and ASCAP) is a performing rights organization representing songwriters and publishers and their right to be compensated for having their music performed in public. Search using the SESAC Repertory database.The Harry Fox Agency, Inc.Unlike ASCAP, BMI, and SESAC, which are performing rights organizations, HFA licenses on behalf of music publishers the mechanical right to record music on records, tapes, and CDs. In addition to issuing mechanical licenses, HFA licenses the synchronization right to use recorded music in combination with visual images in television, films, computer programs, web sites, live stage performances (such as school shows and concerts), and other audiovisual formats. Click "Licensing" to access license request forms.

4.2.3 Theater and Musicals

Copyright for the High School/Amateur Theater Producer
Kevin Scott's online companion to his Summer 1999 Teaching Theatre magazine article explores dramatic performing rights and licensing agencies.
Copyright Laws for Theatre People
A discussion of copyright issues related to producing playscripts. By Dr. Louis E. Catron, Professor of Theatre, College of William and Mary.
American Association of Community Theatre: Play Sources
AACT's listing of play publishers and royalty houses.
Music Theatre International
MTI is a dramatic licensing agency specializing in musicals from Broadway, Off-Broadway, and London's West End. Click "FAQ" for information on dramatic performance rights and performance licenses. Click "Shows" to find out if they represent the musical you want to produce. Click "Licensing" to access an online performance license application (a.k.a. Request for Royalty and Rental Fees).
Dramatists Play Service, Inc.
This play licensing agency features The PlayFinder database. Use it to find out if they represent the play you want to produce; if they do, you can then submit an Application for Non-Professional Performance Rights online.
Samuel French Play Publishers and Author's Representatives
Search the Samuel French Index of Titles to find out if they represent the play or musical you want to produce, then submit an Order Form or Musical Quote to confirm availability and request a quote for royalties. The Customer Information section provides general information on royalties, rights, and restrictions for live stage productions by amateur groups.
Broadway Play Publishing Inc.
BPPI publishes contemporary American plays and acts as authors' agent in the licensing of professional and amateur production rights. Go to the Stage Production Licensing section to verify that the show you want is available for production, calculate royalty, and apply for a production license (via mail).
Baker's Plays
When ordering scripts online, "please note how many performances will be done and dates of production. . . . We will add these charges to your order and send a royalty invoice for your records with order shipment." You can also e-mail them for royalty information.

4.2.4 Other

Liblicense - Licensing Digital Information: A Resource for Librarians
Yale University Library hosts this site devoted to understanding the often complex terms of licensing agreements for digital information.
Public performance rights
A list of film producers and distributors that sell some material with public performance rights. Maintained by Carol Simpson, Assistant Professor at the University of North Texas School of Library and Information Sciences.
Motion Picture Licensing Corporation
The MPLC grants umbrella licenses to "non-profit groups, businesses and government organizations for the public performances of home videocassettes and videodiscs."
Movie Licensing USA
This licensing agent for public schools and libraries provides Movie Copyright Compliance Site Licenses for entertainment videos.