Permissions Checklist

This checklist can be consulted when you wish to use third party content and are not sure whether clearance is required for your use.

• Does the subject matter qualify for copyright protection?
  
  • Does it fall into one of the protected categories of work?
  • Remember copyright does not protect ideas or information. (However other laws may apply.)
  • Generally names, titles and headlines, short stand-alone texts are not copyright-protected.

• If subject matter qualifies for copyright protection, are there any reasons why permission is not needed?
  
  • Are you using less than a “substantial part”? This depends on the quality and quantity of what is to be taken in relation to the whole work. If there is any doubt it is best to seek permission anyway.
  • Has copyright expired?
  • Are there any particular statutory exceptions relevant to your use of the material?
  • Are there any existing licences that cover the use you are wanting to make of the material?
• If permission is required –
  
  • Identify the copyright owner. Remember the creator of the copyright work might not be the copyright owner.
  • If you can’t immediately identify the copyright owner –
    
    • For published works, contact the publisher in the first instance. Even if the publisher does not own the copyright, they can often tell you who you need to contact.
    • Collective management organisations and professional associations of creators are a good source of information.
    • Investigate copyright information on websites and other sources.
    • Regarding older works where author is unknown, is it reasonable to assume copyright has expired or that the author died more than 50 years ago? (Section 67.)
• Determine which rights you require.
• Request permission in writing.
• Keep a record of all communications.