2. Obtaining Permission from the Copyright Owner
University employees should obtain prior written
permission from the copyright owner to copy materials in those situations
when the proposed copying does not come within the doctrine of "fair
use". Obtaining such permission is usually not difficult and, in
most cases for classroom use, is granted with no royalty charge.
How to Obtain Permission
When a proposed use of photocopied material requires
a faculty member to request permission, communication of complete
and accurate information to the copyright owner will facilitate
the request. The Association of American Publishers suggests that
the following information be included to expedite the process:
1) Title, author and/or editor, and edition of
materials to be duplicated;
2) Exact material to be used, giving amount, page numbers, chapters
and, if possible, a photocopy of the material;
3) Number of copies to be made;
4) Use to be made of duplicated materials (including time period
or duration if copying on an on-going basis is desired);
5) Form of distribution (classroom, newsletter, etc.);
6) Whether or not the material is to be sold; and
7) Type of reprint (ditto, photocopy, offset, typeset).
When the copyright owner is the publisher
of the work, the request should be sent, together with a self-addressed
return envelope, to the permissions department of the publisher
in question. If the address of the publisher does not appear at
the front of the material, it may be obtained from The Literary
Marketplace (for books) or Ulrich's International Periodicals (for
journals), both published by the R.R. Bowker Company. When the copyright
owner is the author, the request should be directed to the author
either in care of the publisher's permissions department, as set
forth above, or at the author's address. For purposes of proof,
and to define the scope of the permission, it is important that
the permission be in writing. Many publishers have registered with
the Copyright Clearance Center, 21 Congress Street, Salem, MA 01970.
This organization can facilitate obtaining permission to copy. Check
with your campus library about the use of this service.
The process of requesting permission directly from
the publisher requires time, as the publisher must check the status
and ownership of rights and related matters, and evaluate the request.
It is advisable, therefore, to allow sufficient lead time. In some
instances the publisher may assess a fee for permission, which may
be passed on to students who receive copies of the photocopied material.
The following is a sample letter to a copyright
owner (in this example a publisher) requesting permission to copy:
Material Permissions Department
Academic Book Company
200 Park Avenue
New York, New York 10016
I would like permission to copy the following for
use in my class (name of class) (next semester) or (next semester
and subsequent semesters during which the course is offered.)
Title: Ethics and the Law, Second
Copyright: Academic Book Co., 1965, 1971.
Author: John Smith
Material to be duplicated: Chapter 9 (photocopy enclosed).
Number of Copies: 50
Distribution: The material will be distributed to students
in my class and they will pay only the cost of the photocopying.
Type of reprint: Photocopy
Use: The chapter will be used as supplementary teaching
I have enclosed a self-addressed envelope for your
convenience in replying to this request.
Sincerely, Faculty Member