Avoid Infringement by Getting Copyright Permission

Need to reuse someone else's creative work?

Find out more about Copyrights

Trustpilot star rating bar
avoid infringement by getting copyright permission

Contents

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.

Find out more about CopyrightsStart Now
Twitter logoFacebook logoLinkedIn logoReddit logo

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.

56 days ago
Trustpilot star rating bar

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
57 days ago
Trustpilot star rating bar

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
63 days ago
Trustpilot star rating bar

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
68 days ago
Trustpilot star rating bar

Copyright registration

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

rjparadee
112 days ago
Trustpilot star rating bar

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
106 days ago
Trustpilot star rating bar

Great Copyright Registration Experience

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

Cheryl C
125 days ago
Trustpilot star rating bar

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
152 days ago
Trustpilot star rating bar

Time and clarity

Thank you for your time and clarity explaining items from my behalf in regards to Copyright material. I also appreciate the no queue waiting on line when I called. I do recommend you.

Adriant Sanchez
160 days ago
Trustpilot star rating bar

Elizabeth was AMAZING!!!

Elizabeth was AMAZING!!!, She walk me thru the whole copyright process. Thank you

Adewale Agboke Jr
168 days ago
Trustpilot star rating bar

Very responsive and was able to answer…

Very responsive and was able to answer my questions about Copyright options quickly and professionally.

Daniel White
323 days ago
Trustpilot star rating bar

Great customer service

Great customer service! The LegalZoom representative showed genuine care. She followed up on my Copyright Order, and remembered me and my name from the previous Copyright phone call. She was very helpful and represented LegalZoom with excellence. Thank you for hiring, and retaining such a talented energetic representative.

Joshua Earl
564 days ago
Trustpilot star rating bar

Legal Zoom Delivers On Their Promises!

Legal Zoom is professional, accommodating, and gracious. We went to them for copyright help, and true to their promise, we accomplished this endeavor in 30 minutes. EASY!! What a fresh breath of air to find a company that delivers exactly what they say they will! We'll be a Legal Zoomers for life!

Alice Osborne
1202 days ago
Trustpilot star rating bar

Better than "Uncle Sam"

I had to get a copyright done and got nowhere with the U.S. Government Copyright Office, it was a joke! Legal Zoom took care of it and had me "fixed up" in 5 minutes. Thank You, Legal Zoom!

Padu
1308 days ago
Trustpilot star rating bar

Legal Zoom performance is exceptional

Legal Zoom his handled four copyright applications for me and they are exceptional.

C Robert Cales
1586 days ago
Trustpilot star rating bar

Copyright application

I am a new author and am filing copyright for my manuscript. My experience with LegalZoom has been very successful and a pleasure. The associate was knowledgeable and a pleasure to work with. I would recommend this service.

DJS
1746 days ago
Trustpilot star rating bar

LegalZoom's Guidance is the best

I'm applying for a copyright for the first time and I was very nervous. My status page told me there was a problem and I should call LegalZoom. Kirk explained it was just a simple confirmation that was needed and he took the time to explain why its needed and talked me through what happens next. LegalZoom is just the best thing for a first time business owner like myslef.

rjlog
Rated4.6out of 5 based on23,864+ reviewson

Showing our favorite reviews