How to Acquire Copyright Permission for Film
The process of figuring out how to acquire copyright permission for film projects that you intend to produce is really all about researching the correct copyright owners. As well as taking your time to reach out to each of them. As you realize, it’s important to seek permission from the copyright owner for any works that you intend to use in your own filmmaking processes. Especially if you intend to reuse copyrighted material. The permission process generally involves five simple steps which we’ll outline for you below.
Step 1: Determine Whether or Not Permission is Actually Necessary
Before deciding that you’ll need copyright permission to use certain works or content, consider this. You’re going to need to find out if permission is actually necessary. Sometimes, material is produced with an open source expectation which means no permission is required.
Determining whether permission is necessary or not can be done by asking yourself the following two questions:
- Is the content protected under copyright law?
- Would my use of the content violate copyright law?
Keep in mind that there are protections on both sides of copyright law. For the copyright owner, and for the creator that might seek to use copyrighted work.
Speaking with a U.S. Copyright attorney about fair use is one such protection that you might have if you intend to use copyrighted material for specific purposes such as to produce a documentary or similar learning experience.
Step 2: Identify the Copyright Owner
Your next big step in figuring out how to acquire copyright permission for film is to identify the original copyright owner. This work is crucial to obtaining the correct permissions to use the work in your own project.
Checking the copyright is the first step, as it might list the original rights owner. However you should prepare yourself for additional research as it’s usually not quite so simple.
Identification of copyright owners can vary depending on the type of work that is copyrighted. If you’re looking to identify the copyright owner of a film or motion picture?
There’s a very high chance that you’ll be identifying several different copyright owners, not just one. This is going to take a bit more research and time to ensure you’ve covered all of the important bases.
Step 3: Identify the Copyright Licenses You Need
Determining the licenses that you require is the next major step to the process. This is going to require some careful consideration on your part.
The copyright owners will hold the rights related to reproduction, distribution, and modification of the works that they have copyrighted. So, your job in figuring out how to acquire copyright permission for film is to determine which rights you require for your project.
Permission agreements are either exclusive or nonexclusive. An exclusive permission agreement offers only one person the right to use the work as described.
A nonexclusive permission agreement offers more than one person the right to use the work as described. Most agreements are nonexclusive which means that others can use the material in the same manner that you will.
Step 4: Connect with the Owner & Negotiate
Your next big step is to connect with the copyright owner and negotiate your permissions. Once you’ve established the permissions that are most suitable for you, and you know who the copyright owner is, you can connect with them and begin negotiation.
Some copyright owners will want to know all of the details as to how you intend to use their work, what your project entails, why you’re using their work, and how frequently you intend to use the work. Others will have fewer questions.
Payment
Negotiations will be necessary to determine whether any form of payment for the permission is necessary. You should have a figure in mind, ahead of your communication with the copyright owner, as to how much you’re willing to spend on permissions to use their work.
The owner may not require any payment at all. They might just want recognition! Or perhaps they will request that you contribute to an educational fund, nonprofit venture, or some other program of their choice.
There are even situations where the copyrighted material may be used by you. With an understanding that payment is only necessary under certain conditions.
Save time, and be ready for negotiations. This is the point of the process of figuring out how to acquire copyright permission for a film. That is going to take the brunt of your time. Be patient, kind, and willing to work out any small hiccups with the copyright owner.
Step 5: Get Permission Agreement in Writing
Once you’ve established whether payment is necessary, what that payment will be, and what permissions will be granted in return? You’ve got yourself a verbal agreement. Now all you need to do is get that permission agreement in writing. So that you can seal the deal.
Remember, an oral agreement for permission to use copyrighted work is about as useful as an oral copyright. It’s almost always a mistake!
Protect Yourself and Others
Once you’ve come to an oral agreement, finalize it in writing. So that you have a legally enforceable document that proves your right to use the works as defined. Otherwise, you could find yourself facing a copyright infringement lawsuit with very little protection later on.
A written permission agreement should include detailed information on the work that you’ll use, how you will use it, any monies that are to be exchanged for your use of the work and any other pertinent details that were discussed as part of your negotiations to copyright permission.
Be thorough with details with this written agreement, and consider having your attorney review it for your own protection.
Now that you know how to acquire copyright permission for film, what steps will you take next to ensure you can use copyrighted works in your upcoming projects?
