![]() What is the Risk of Not Asking for Permission? See the section on fair use for more details. Under the fair use doctrine, you could reproduce a few lines of a song lyric in a music review without getting permission from the songwriter (or whoever owns the copyright in the song). For example, under copyright law, a principle known as “fair use” permits you to copy small portions of a work for certain purposes such as scholarship or commentary. This is because there are exceptions to each of the laws protecting creative work-situations in which authorization is not required. If a creative work is protected under intellectual property laws, your unauthorized use may still be legal. Would Your Use of the Material Constitute a Violation of Law? Because the song was first published in 1904, it is in the public domain, and Bill can use it without obtaining permission. EXAMPLEīill wants to include his recording of the song “Give My Regards to Broadway” on his website. Public domain status may also be due to other reasons discussed in the section on the public domain. Most works that fall into the public domain do so because of old age. Later sections on the permission rules for particular types of creative works provide guidelines to determine if the work you intend to use is protected.Ī work that isn’t protected by intellectual property laws is in the public domain and can be used without asking for permission. There are only two ways that a work published after 1923 is not protected: Either the owner of the work made a mistake (such as failing to renew the copyright), or the work does not meet the minimum standards for copyright protection. You should always start with the presumption that, if the creative work you want to use was first published after 1923, U.S. Is the Material Protected Under Intellectual Property Law? Subsequent sections explore these principles in more depth. Below are some basic legal principles you’ll need to know. Unfortunately, it is not always possible to answer these questions with a definitive “yes” or “no.” Sometimes, you may have to analyze the risk involved in operating without permission. Would your use of the material violate the law?.Is the material protected under the law?.In other words, do you need an agreement or can you use the work without permission? Determining whether to ask for permission depends on two questions: The first step in every permission situation is to determine whether you need to ask for permission.
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