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< back to full article list < back to academic authors article list < back to textbook authors article list How to obtain permission, use the public domain Copyrighted work can be used even if not fair use or under another statutory limitation if you get permission, said Barbara Waxer, co-author of Internet Surf and Turf: The Essential Guide to Copyright, Fair Use, and Finding Media. How do you get permission? Write a letter or send an e-mail to the copyright holder, she said: "The alternative is to receive a letter asking you to cease and desist using the copyright holder's work. If you receive such a letter you need to take it seriously." Look for the copyright holder's terms of use -- what you need to do exactly to obtain permission to use their content, said Waxer. (You might have to search for this on their website, since where it is placed is not standard. Look under "Terms of Use," "About Us," "Information," etc.) If the work is in the public domain or is a fair use situation, you can use it, she said. "There are four factors to determining fair use: 1) the purpose and character of the use; 2) the nature of the copyrighted work; 3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; 4) the effect of the use on the market or the potential market for the copyrighted work." If it is not in the public domain or a situation of fair use, said Waxer, you need to seek permission to use the work. She offers the following help in locating open access (flexible copyright licenses) and public domain material: Open access:
Public domain sites:
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