How do I get permission to use someone's work?

You can ask for it. If you know who the copyright owner is, you may contact the owner directly. If you are not certain about the ownership or have other related questions, you may wish to request that the Copyright Office conduct a search of its records for a fee. Additional information can be found in "How to find the copyright owner and seek permission" below and in Copyright Office Circular 22.

What is compulsory licensing?

As a result of historic compromises involving the music recording industry, the Copyright Act contains compulsory licensing provisions governing the making and distribution of phonorecords of nondramatic musical works. Section 115 of the law provides that once phonorecords of a musical work have been publicly distributed in the United States with the copyright owner's consent, anyone else may, under certain circumstances and subject to limited conditions, obtain a "compulsory license" to make and distribute phonorecords of the work without express permission from the copyright owner. The Copyright Office Regulations set out in detail the procedures that must be followed, while the Copyright Arbitration Royalty Panels determine the royalty fee that must be paid by the user under a compulsory license. See Copyright Office Circular 73, "Compulsory License For Making and Distributing Phonorecords" and Copyright Office Circular 75, "The Licensing Division of the Copyright Office."

How much of someone else's work can I use without getting permission?

Under the fair use doctrine of the U.S. copyright laws, it is permissible to use limited portions of a work, including quotes, for purposes such as commentary, criticism, news reporting, and scholarly reports. However, there are no "bright line" legal rules permitting the use of a specific number of words, a certain number of musical notes, or percentages of a work. Whether a particular use qualifies as fair use depends on all the circumstances. See Copyright Office Circular 21 and Copyright Office Form Letter 102.

Could I be sued for using somebody else's work? How about quotes or samples?

If you use a copyrighted work without authorization, the owner may bring an infringement action against you. There are circumstances under the fair use doctrine where a quote or a sample may be used without permission. However, in cases of doubt, it is wise to obtain permission.

How to find the copyright owner and seek permission.

There are several ways to investigate whether a work is under copyright protection and to identify the copyright owner:

• Examine a copy of the work for such elements as a copyright notice, place and date of publication, author and publisher . If the work is a sound recording, examine the disk, tape cartridge, or cassette in which the recorded sound is fixed, or the album cover, sleeve, or container in which the recording is sold.
  


• Make a search of the Copyright Office catalogs and other records . For more information on searching copyrights and the limitations on copyright status investigations, see Copyright Office Circular 22, "How to Investigate the Copyright Status of a Work" and Copyright Office Circular 23, "Copyright Card Catalog and the Online Files."
  


• We can search the Copyright Office records for you . For cost estimates, contact us at info@iph2.com.

Searches of the Copyright Office catalogs and records can help determine the copyright status of a work, but they cannot be regarded as conclusive in all cases. The complete absence of any information about a work in the Office records does not mean that the work is unprotected.

How can I obtain copies of someone else's work and/or registration certificate?

The Copyright Office will not honor a request for a copy of someone else's work without written authorization from the owner, or from his or her designated agent if that work is still under copyright protection, unless the work is involved in litigation. Written permission from the copyright owner or a litigation statement is required before copies can be made available. A certificate of registration for any registered work can be obtained for a fee of $25. Copyright Office Circular 06 provides additional information.

Caveat: Remember to search foreign works.

Even if you conclude that a work is in the public domain in the United States, this does not necessarily mean that you are free to use it in other countries. Every nation has its own laws governing the length and scope of copyright protection, and these are applicable to uses of the work within that nation's borders. Thus, the expiration or loss of copyright protection in the United States may still leave the work fully protected against unauthorized use in other countries.