Find the copyright owner and ask. There are no special forms that must be used, and permission can be given orally or in writing, although it is good practice to obtain written permission. The copyright holder is free to charge any fees they want, although the user is also free to negotiate lower fees. Most major publishers and journals have a “licensing office” or “rights publisher,” and a written request addressed in this way will usually find its way to the right person. You must specify the publication from which you wish to derive; the pages, chapters, photos or others you wish to use; how many copies you want to make; and the purpose of your use (e.g., “as a document in a bachelor`s program in economics at Harvard College”). Many authorization switches accept requests via email or through the publisher`s website. The fair dealing test requires an assessment of all factors together. The courts have repeatedly stressed that there are no clear rules and that each case must be decided on the basis of its own facts. Factors often interact in the analysis. For example, the Supreme Court has concluded that the more transformative the new work, the less important other factors such as commercialization will be, which may weigh against a fair dealing determination. The more transformative the secondary use, the less likely it is that the secondary use will replace the original use and cause direct damage to the market.

In order to arrive at a determination of fair use, all factors should be considered and the results weighed against the copyright law`s objective of “promoting the advancement of science and the useful arts” (U.S. Const., art. I, § 8, cl. 8). [3] As with a job, requests for reuse are processed by the publisher on your behalf. The publisher manages the intellectual property rights and represents your article in case of copyright infringement. Overall, it is important to understand copyright laws or rights to original creations in order to avoid copyright infringement. Being diverted by fines or lawsuits can take valuable time and resources. Measures to avoid copyright infringement are quite simple: identify and protect original works and educate family and/or employees about copyright infringement. Factual and less creative works are more likely to be used fairly than imaginative and highly creative works.

This is consistent with the general principle that copyright protects the statement and not the ideas or facts. For more general information about copyright, check out our learning engine video series. If you would like more detailed information about copyright, we invite you to read our circulars or FAQs. For more detailed guidance, please see our Compendium of U.S. Copyright Office Practices, Third Edition. The Compendium is the Agency`s administrative manual on the Copyright Act and our rules and practices. It provides advice to agency staff regarding their statutory obligations and provides expert advice to copyright claimants, practitioners, academics, courts and members of the public regarding institutional practices and related legal principles. Other forms of copyright licensing may be available depending on your specific situation – for example, U.S. government employees. What are the relevant considerations when applying the third fair use factor – the quantity and relevance of the part used to the copyrighted work as a whole? There is no firm rule as to whether a copyright notice should be placed on something you write or create where Harvard holds the copyright. (On the issue of ownership, see “Who owns the copyright?” above.) If the material is intended to be published and widely distributed or accessible to the public, and if further distribution without Harvard`s permission would be inappropriate, you must notify potential infringers by affixing the copyright notice “Copyright [and/or ©] [Year] President and Fellows of Harvard College.” The “[year]” must be supplemented by the year in which the current version of the work was first published.

This is the universal copyright designation for any Harvard publication on paper, diskette, or any other medium. (Drafts can also carry a copyright notice, especially if they are widely used.) It is also very useful to attach to the copyright notice a reference to the Harvard entity that manages the copyright so that people who wish to use the work later know where to turn for permission. For example, you can add after the copyright notice, “To obtain permission to use this work, contact the Peabody Museum of Archeology and Ethnology at Harvard.” Copyrightlaws.com publishes a list of popular and interesting copyright news and articles from the United States, Canada, and around the world. Scroll down to see the latest items. To better understand how the courts have applied the fair dealing test in different situations, you can find the selected fair dealing case summaries useful in fairuse.stanford.edu/Copyright_and_Fair_Use_Overview/chapter9/9-c.html. In addition, the U.S. Copyright Office maintains a Fair Dealing Index, which provides a searchable database of selected fair dealing court decisions, as well as brief summaries: copyright.gov/fair-use/.