Avoid Infringement by Getting Copyright Permission

Need to reuse someone else's creative work?

Find out more about Copyrights

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avoid infringement by getting copyright permission

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Updated on: December 13, 2023
Read time: 4 min

Whether you're using a company blog, social media, newsletters, or traditional print marketing, the content that reaches both existing and potential customers plays an invaluable role in every small business's marketing strategy.

Given all these content options, you'll likely want to use someone else's creative work at some point. But before you do, you need first to get permission to avoid potential copyright infringement.

Man with a cup of coffee working on a laptop with the word "Copyright" on the screen

Getting permission to reprint a copyrighted image or article is a fairly commonplace — and simple — task. Just follow these five steps.

1. Determine if you need permission to reuse the work

Not all works are covered by full copyright. While many creative works require permission to reuse them, you might not need consent in the following circumstances:

  • Using a work that is in the public domain. Anyone can freely reuse a work that is in the public domain. Generally speaking, a creative work made in 1978 and later that is not work-for-hire is protected by a period of copyright equal to the creator's life plus 70 years. If the work was published before 1978, the full term of copyright is 95 years. For example, as of January 1, 2019, any work created before 1924 is in the public domain.
  • Works licensed under the Creative Commons. With a Creative Commons license, creators can provide broader rights to the use of their creative work. Keep in mind that there are a number of different types of Creative Commons licenses, so you should always carefully examine the associated restrictions to ensure you do indeed have permission to reuse the material.
  • Usage that falls within the fair use doctrine. Under certain specific circumstances, the fair use doctrine allows copyrighted works without the owner's permission. Fair use might apply in cases of criticism, comment, news reporting, teaching, scholarship, or research. However, the actual guidelines of fair use can be complicated. Where it's used as a defense in a copyright infringement case, the courts look to several factors to determine whether the use of the work falls within the confines of the doctrine.

A good rule of thumb when determining whether you need to request permission is to err on the side of caution. If you're not sure, don't take the chance: get permission to reprint material.

Once you've determined you need copyright permission, you need to figure out who owns the copyright to the material you want to reuse.

The first place to check is the copyright notice attached to the material, but you should keep in mind that copyright might have been transferred to another entity after the date of the copyright notice. The U.S. Copyright Office provides some good tips on how to research who owns a copyright.

Once you know who you need to contact, you should send a detailed request to reuse the material. Include specifics such as the exact material you want to use, how you'll be reusing it, who your audience is, and if the material is used with a product, you're selling.

After you've sent your request, the copyright owner will likely reply with specific details about the rights they'd be willing to grant, any additional terms and conditions related to your use of the material, and what compensation, if any, they require for these rights. For example, in some cases, payment may not be required, but the copyright owner might require you to credit them in your materials.

Once you and the copyright owner reach an agreement, send them a copyright permission form that includes all the details of the arrangement you've discussed. As with your request for copyright permission, this form should be comprehensive so that reuse conditions are spelled out.

5. Save the executed form

Just in case the question of use crops up down the road, make sure you save the signed form somewhere safe. There's no sense in getting the permission if you're not going to keep a record of it to protect yourself.

While it may be permissible for you to reuse someone else's work under the terms of fair use, it's always best to first obtain proper permission. Doing so can help protect you from future claims of copyright infringement.

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This article is for informational purposes. This content is not legal advice, it is the expression of the author and has not been evaluated by LegalZoom for accuracy or changes in the law.

46 days ago
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Legal Zoom Rocks

Michelle Rodriguez is not only a Star in your team but a kind, generous thoughtful and efficient person. I know Michelle will solve my problem and handle my new Copyright request with excellence. Once again Legal Zoom Rocks!

Nicholas Ash
69 days ago
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Tamika is warm, smart, and effective.

Tamika is warm, knowledgeable, and effective. She answered all of my questions about taking the necessary steps to get a copyright on a song that I wrote and performed. I hope to work with Tamika in the future on this musical project. Sincerely, Rosemarie Mattke

Rosemarie Mattke
91 days ago
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Obtaining a Copyright

I had some questions about copyright, and he answered all of them. He was pleasant to talk to very professional. I was very pleased. I've been using legalzoom for many years, and I love you guys. Thank you.

NORINA PURRO
92 days ago
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Happy customer

Ms. Green, was very helpful in assisting me step-by-step in guiding through the process in getting my copyright application. She was patient and very polite. She offered to follow-up on my completed, make sure the process was successful.

Ayesha
98 days ago
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Superior Customer Service

Superior customer service and expertise from Patti Green. I have a urgent need for an attorney consultation regarding state level copyright law. Ms. Green quickly and seamlessly steered me to the plan which affords this service. The consult was immediately scheduled for the next day. To say the least, this experience was exemplary.

Guy Hampson
103 days ago
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Copyright registration

Karen helped me immensely during my copyright registration. Very patient. Carrie was alos very good over there.

rjparadee
147 days ago
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So far whenever I have tried to work…

So far whenever I have tried to work with Legal Zoom it has been a great experience. Both Holly and Denise have helped to make my tour of the legal process for a copyright excellent and I now have my copyright in my hands. I might add that I am amazed I got it under the oligarchy at all after doge got done.

Connie Lednum
141 days ago
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Great Copyright Registration Experience

Walked me through the process to register my copyright. Made everything quick and easy!

Cheryl C
160 days ago
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Your expertise and knowledge of my…

Your expertise and knowledge of my questions regarding my copyright I applied for was nothing less than stellar!

Lorenzo Vito
Rated4.6out of 5 based on24,952+ reviewson

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