Table of Contents

Your Legal Companion

1. Introduction to the Permissions Process

Permission: What Is It and Why Do I Need It?
The Basics of Getting Permission
Overview of Intellectual Property Laws
Permission Tools: Licenses and Releases

2. Getting Permission to Use Text

Who Owns the Text?
Start With Online Permission Services
Locate the Publisher
Contact the Author
Special Situations: Ann Landers and Beyond
When You Can't Find the Rights Holder
Paraphrasing, Omissions, and Facts
Negotiating Text Permission and Fees

3. Getting Permission to Use Photographs

The World of Stock Photos
Obtaining Rights to a Photo You've Found
Celebrity Photos and Movie Stills
Using Photo Researchers
Photo Fees
Photo Permission Agreements
When the Photograph Contains Art, Trademarks, or People
Stock Photo Resources

4. Getting Permission to Use Artwork

Acquiring Rights to Artwork
Fine Art: Paintings, Sculptures, and Limited Editions
Graphic Art
Comics and Cartoons
Royalty-Free and Public Domain Clip Art
Researching Art
Artwork Fees and Agreements
Artwork Resources

5. Getting Permission to Use Music

Acquiring Rights to Music
Song and Sound Recording Copyrights
Reprinting Music or Lyrics
Playing Music at a Business or Event
Releasing Music for Sale
Using Music in a Commercial, Radio Show, or as Background Music
Using Music in a Film, Television Show, or Video
Performing a Musical or Play
Using Music in Software, Videogames, or Multimedia Programs
Using Music on a Website
Using Music Samples
Finding Music Publishers
Finding Record Companies
Music Clearance Companies
Music Resources

6. Website Permissions

Websites: Five Ways to Stay Out of Trouble
Transferring Information to and From a Website
Connecting to Other Websites

7. Academic and Educational Permissions

Academic Coursepacks
Educational Uses of Noncoursepack Materials
Proposed (But Not Adopted) Educational Guidelines on Fair Use
Library Photocopying
Academic Permission Resources

8. The Public Domain

Welcome to the Public Domain
Public Domain Trouble Spots

9. Fair Use

What Is Fair Use?
Measuring Fair Use: The Four Factors
Summaries of Fair Use Cases
Disagreements Over Fair Use: When Are You Likely to Get Sued?

10. Getting Permission to Use Trademarks

Trademark Basics
When You Need Permission to Use a Trademark
Locating a Trademark Owner
Trademark Licensing

11. Art and Merchandise Licenses

Overview of Merchandise Licensing
Merchandise License Agreement
Explanation of Merchandise License Agreement
Merchandise License Worksheet
Short-Form Merchandise License Agreement

12. Releases

Legal Risks of Failing to Obtain a Release
When to Use a Release
Personal Release Agreements
Interview and Property Releases

13. Copyright Research

Copyright Ownership and Transfers FAQs
Starting Your Copyright Research
Searching the Copyright Office and Library of Congress Records

14. After Permission Is Granted

Permissions Tracking Sheet
Good Permissions Gone Bad
Insurance

15. Assignments and Works Made for Hire

Copyright Assignments
Works Made for Hire

16. Help Beyond This Book

Resources for More Detailed Permissions Research
Conducting Legal Research
Working With an Attorney

A. Appendix: How to Use the CD-ROM

Index

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