Steve Marsel Photo Blog: Orphan Works - Locating Copyright Holders By Attorney Lloyd J. Jassin
"Intersting article/resource for aiding those who are attempting to locate the copyright holder of orphan works" HSM
Orphan Works - Locating Copyright Holders By Attorney Lloyd J. Jassin
Locating Copyright Holders
By Attorney Lloyd J. Jassin
Getting Permission
for the complete text of this article go to:http://www.copylaw.com/new_articles/permission.html
If you intend to use someone's copyrighted work, unless the use is considered a fair use, you must obtain that person's written permission. Under federal copyright law, only the copyright owner or someone acting with the owner's authority, such as a publisher, can grant that permission. While not every unauthorized use of a copyrighted work is an infringement, whenever you use another person's words, illustrations, photographs, charts or graphs in your own work you must be sensitive to the risk of infringing that individual's copyright.
The following information is provided to help you plan your permission strategy and locate copyright holders more easily. For a more detailed approach, consult The Copyright Permission & Libel Handbook, by Jassin & Schechter (John Wiley & Sons).
Where to Begin. Begin your search with the copyright notice. The copyright notice identifies who owns the copyright. However, the copyright owner does not always have the authority to grant you permission. For permission to quote from a book, you must contact the publisher’s rights department. If the publisher has gone out of business, or the book is out of print, you’ll need to trace the author by doing a copyright search or contacting one of the authors’ organizations listed below.
It Takes Time. The permission process should begin when you start researching and preparing your work. Permission requests are often ignored, denied or lost. Unless the use is considered a fair use, your work cannot be published without proper permissions.
Use Common Sense. All sources of material you’ve borrowed or quoted from should be flagged and identified. Knowing where a particular quote, passage, or photograph came from will save you hours of work later on. And, remember, there may be multiple copyright owners of the material you want to use.
Locating Copyright Holders
Useful links and postal addresses to assist you identify and locate rights holders:
I. Trade & Professional Groups (A-Z)
II. Licensing Organizations & Searchable Databases
a) Authors
b) Photographers
c) Songwriters
d) Visual Artists
e) Motion Pictures
III. Online Copyright Permission Pages
a) Book Publishers
b) Playwrights
c) Magazines & Journals
IV. Search Copyright & Trademark Office Records
a) Search Copyright Office Records
b) Search Trademark Office Records
c) Intellectual Property Research Firms
V. Miscellaneous
Find A Grave
Online Telephone Directories
Vital Records (United States)
I. TRADE AND PROFESSIONAL ORGANIZATIONS
Advertising Photographers of America(APA)
PO Box 361309
Los Angeles, CA 90036
800-272-6264 (Tel.)
www.apanational.orgfor the complete text of this article go to:
Steve Marsel Photo Blog: Orphan Works - Locating Copyright Holders By Attorney Lloyd J. Jassin
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