(see Chapter 8, “Transferring Copyright
Execute a Permission Agreement
Ownership”), your license or permission
agreement does not have to be in writing
Once the rights holder has agreed to grant
to be valid. A nonexclusive oral permission
permission and you’ve agreed on a fee, you
may be enforceable as long as it qualifies
need to complete and sign a written text
as a contract under general contract law
permission agreement. There are two ways
principles. However, there are limits on oral
you can go about this:
agreements. For example, in most states,
• You can convert your permission
an oral agreement is valid for only one year.
request letter into a permission agree-
Also, it can be very difficult to prove that
ment (a “permission letter agreement”).
an oral agreement exists, not to mention
• You can draft and execute a detailed
to prove its terms. Because of these
permission agreement that should
limitations, do not rely on an oral licensing
suffice for most text-licensing situations
or permission agreement—get it in writing.
(a “permissions agreement”).
CHAPTER 14 | OBTAINING COPYRIGHT PERMISSIONS | 383
Text Permission Letter Agreement
To
(“Licensor”):
I am writing to you to request permission to use the fol owing material.
Licensor Information
Title of Text (the “Selection”):
Author:
Source publication (or product from which it came):
If from a periodical, the ISSN, volume, issue, and date. If from a book, the ISBN:
If from the Internet, the entire URL:
Number of pages (or actual page numbers) to be used:
If you are not the copyright holder or if worldwide rights must be obtained elsewhere,
please indicate that information:
Licensee Publication Information
The Selection will appear in the fol owing publication(s) (the “Work”):
Title:
Name of publisher or sponsor (“Licensee”):
Author(s):
Type of publication:
If print publication, estimated print run:
If print publication, projected publishing date:
If print publication, expected price: $
If website, the URL:
If website, estimated monthly hits:
If website, the posting date:
Rights needed:
384 | THE COPYRIGHT HANDBOOK
Text Permission Letter Agreement (continued)
Fee
Licensee shall pay a fee of $
to Licensor at the fol owing address:
upon publication of the Work or within 6 months of executing this agreement,
whichever is earlier.
Credit
A standard credit line including your company name will appear where the Selection is
used. If you have a special credit line you would prefer, indicate it below:
Samples
Upon publication, Licensee shal furnish
copies of the Work to Licensor.
Signed by Licensee:
Name:
Title:
Address:
Date:
Licensor’s Approval of Request
I warrant that I am the owner of rights for the Selection and have the right to grant
the permission to republish the materials as specified above. I grant to Licensee and
Licensee’s successors, licensees, and assigns the nonexclusive worldwide right to
republish the Selection in all editions of the Work.
Permission Granted by:
Signed by Licensor:
Name:
Title:
Address:
Date:
CHAPTER 14 | OBTAINING COPYRIGHT PERMISSIONS | 385
What If the Copyright
permis sion from whomever the licensor
Owner Furnishes the
indicates in the blank.
Permission Agreement?
• It is possible that the licensor will want
to grant rights only for a specific print
Many publishers’ permissions departments
run or for a specific period of time.
and other copyright owners will provide
Or, the licensor may not want to grant
their own permission agreements. Read
you permission to transfer the rights
such an agreement careful y. If it contains
to someone else. In this event, modify
provisions you can’t understand, ask the
the grant to reflect these requests—for
publisher to explain them or seek legal help.
example, strike the language regarding
“successors, licensees, and assigns.”
• It’s possible that you will want more
rights than are granted in this letter
FORM
agree ment. For example, you may need
You can download this Text
rights for all foreign translations and
Permission Letter Agreement (and all
derivative rights and you may want these
other forms in this book) from this book’s
rights in all media. If you want a broader
companion page on Nolo.com; see the
grant of rights, you can use the Licensor’s
appendix for the link.
Approval of Request language below to
replace the language in the agreement
above. Be aware that the licensor may
Instructions for permission letter agreement
object to such a broad grant, causing a
If you use this form, you don’t need a
delay in the permissions process.
separate request letter (as discussed in the
previous section). Complete the agreement
Licensor’s Approval of Request
as if you were preparing the worksheet or
I warrant that I am the owner of rights for
a request letter. Below are some additional
the Selection and have the right to grant
explanations for various sections:
permission to republish the materials as
• At the end of the Licensor Information
specified above. I grant to Licensee and
section is a section the licensor—the
Licensee’s successors, licensees, and assigns
person from whom you are requesting
the nonexclusive worldwide right to adapt
permission—should fill in if he or she
and republish the Selection in all languages,
does not own the rights you need. If
in all editions of the Work, and in all versions
this section is filled in, the licensor
derived from the Work in all media now
can not grant you the necessary
known or hereafter devised.
permis sion, so you will need to obtain
386 | THE COPYRIGHT HANDBOOK
TIP
licensee (you or the person who is
Make the process convenient
seeking permission).
for the copyright owner. When sending your
• In the Licensor Information and
permission letter agreement, always enclose
Licensee Publication sections, fill in
a stamped, self-addressed envelope for the
the blank spaces.
licensor’s convenience.
; • In the Grant of Rights section,
complete the grant to reflect the rights
that you have negotiated.
Sample permission agreement
• Complete the Territory section to
The permission agreement below is
reflect the regions in which you have
intended for authors and publishers
acquired rights—the World, the
who are negotiating for more than
United States, Canada, or whatever
basic reproduction rights—for example,
region you have agreed upon. For more
assembling an anthology of short
help, review Chapter 9.
stories, assembling contributions for an
• In the Fees section, check the
encyclopedia, or acquiring multiple or
appropriate boxes and complete the
foreign rights to reproduce a work.
information.
• Complete the Credit and Samples
section per your agreement with the
FORM
licensor.
You can download this Text
• A warranty is a contractual promise
Permission Agreement (and all other forms in
made by the licensor. Some licensors
this book) from this book’s companion page
do not want to make promises,
on Nolo.com; see the appendix for the link.
particularly promises that the work
does not infringe any third parties’
• In the introductory paragraph, insert
copyright or other rights. You may
the names of the licensor (the party
have to modify the Warranty section or
who owns the material) and the
strike it entirely if the licensor objects.
CHAPTER 14 | OBTAINING COPYRIGHT PERMISSIONS | 387
Text Permission Agreement
(“Licensor”)
is the owner of rights for certain textual material defined below (the “Selection”).
(“Licensee”) wants to
acquire the right to use the Selection as specified in this agreement (the “Agreement”).
Licensor Information
Title of Text (the “Selection”):
Author:
Source publication (or product from which it came):
If from a periodical, the ISSN, volume, issue, and date. If from a book, the ISBN:
If from the Internet, the entire URL:
Number of pages or actual page numbers to be used:
Licensee Publication Information
The Selection will appear in the fol owing publication(s) (the “Work”):
( check if applicable and fill in blanks)
■■ book—title:
■■ periodical—title:
■■ event handout—title of event:
■■ website—URL:
■■ other—title:
Name of publisher or sponsor:
Author(s):
Estimated date(s) of publication or posting:
Estimated number of copies to be printed or produced (if a book, the estimated
first print run):
If for sale, the price: $
If copies are free to attendees of a program, the cost of program:
If a website, the average number of visitors per month:
388 | THE COPYRIGHT HANDBOOK
Text Permission Agreement (continued)
Grant of Rights
Licensor grants to Licensee and Licensee’s successors and assigns, the: ( select one)
■■ nonexclusive
■■ exclusive
Right to reproduce and distribute the Selection in: ( select all that apply)
■■ the current edition of the Work
■■ all editions of the Work
■■ al foreign language versions of the Work
■■ all derivative versions of the Work
■■ all media now known or later devised
■■ promotional materials published and distributed in conjunction with the Work
■■ other rights
Territory
The rights granted under this Agreement shall be for
(the “Territory”).
Fees
Licensee shal pay Licensor as fol ows: ( select one and fill in appropriate blanks)
■■ Flat Fee. Licensee shall pay Licensor a flat fee of $
as full
payment for all rights granted. Payment shall be made:
■■ upon execution of this Agreement
■■ upon publication
■■ Royalties and Advance. Licensee agrees to pay Licensor a royalty of
%
of net sales. Net sales are defined as gross sales (the gross invoice amount billed
customers) less quantity discounts and returns actual y credited. Licensee agrees
to pay Licensor an advance against royalties of $
upon execution of
this Agreement. Licensee shall pay Licensor within 30 days after the end of each
quarter. Licensee shall furnish an accurate statement of sales during that quarter.
Licensor shall have the right to inspect Licensee’s books upon reasonable notice.
CHAPTER 14 | OBTAINING COPYRIGHT PERMISSIONS | 389
Text Permission Agreement (continued)
Credit and Samples
(check if applicable and fill in blanks)
■■ Credit. All versions of the Work that include the Selection shall contain the
fol owing statement:
■■ Samples. Upon publication, Licensee shal furnish
copies of the
Work to Licensor.
Warranty
Licensor warrants that it has the right to grant permission for the uses of the Selection as specified above and that the Selection does not infringe the rights of any third parties.
Miscellaneous
This Agreement may not be amended except in a written document signed by both
parties. If a court finds any provision of this Agreement invalid or unenforceable, the
remainder of this Agreement shall be interpreted so as best to effect the intent of the
parties. This Agreement shall be governed by and interpreted in accordance with the
laws of the State of . This Agreement
expresses the complete understanding of the parties with respect to the subject matter
and supersedes al prior representations and understandings.
Licensor
Licensee
By:
By:
Name:
Name:
Title:
Title:
Address:
Address:
Date:
Date:
Tax ID #
■l
C H A P T E R
Help Beyond This Book
15
Intensive Background Resources ................................................................................................... 392
Primary Source Materials on Copyright.................................................................................... 393
Finding a Copyright Lawyer .............................................................................................................. 394
Paying an Attorney ......................................................................................................................... 396
392 | THE COPYRIGHT HANDBOOK
Hopefully, this book provides a Treatises, encyclopedias, and so on. The
good basic background on most
most authoritative sources on copyright are
aspects of copyright of interest to
two legal treatises: Nimmer on Copyright and
writers. Additional general information can Patry on Copyright. These are mult
ivolume be obtained for free from the Copyright
works that contain detailed and thorough
Office. The Copyright Office publishes a
discussions of virtual y every legal issue
series of pamphlets (called circulars) on
concerning copyright. They’re available in
many copyright topics. You can download
many university libraries and law libraries.
digital copies of all the circulars from
Each point is supported by exhaustive
the Copyright Office website at www.
citations to the relevant legal decisions,
copyright.gov.
sections of the copyright statutes, and
If you have any questions that aren’t
Copyright Office regulations where appro-
answered by this book, a two-step process is priate. By using such resources, you can find suggested. First, take a look at one or more
citations to the primary copyright materials
intensive background resources. These may of interest to you. You should note,
contain all the information you need. If not, however, that such treatises tend to discuss access the primary copyright resources: the only the law of copyright. You will find no copyright statutes, regulations, and case law. how-to discussions. That’s what you bought this book for.
For the serious copyright student, an
RESOURCE
excellent one-volume resource is Copyright:
Recommended reading. Use Legal
Cases and Materials, by Robert A. Gorman,
Research: How to Find & Understand the Law,
Jane C. Ginsburg, and R. Anthony Reese,
by Stephen Elias and the Editors of Nolo (Nolo),
used to teach law students. It contains the
or another basic legal research guide, to help
text of virtually every important copyright
you understand legal citations, how to use a law
court decision, the copyright law and
library, and understand what you find there.
other primary materials, excerpts from law
review articles, commentary by the authors
(nationally recognized authorities on
Intensive Background Resources
copyright), and other useful materials.
If you’re in need of a highly detailed
Following are some recommended resources discussion of the public domain—things
on copyright law. You can find others in
that are not protected by copyright—refer to
your law library’s catalog.
The Copyright Handbook Page 67