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subject: Copyright Solicitors: Using Protected Material [print this page]


Copyright law is fairly specific and unfortunately quite complex. It can often leave people perplexed, especially when dealing with the many exceptions which enable you to make limited use of certain materials protected under the law.

This is why it is so important to talk to a specialist copyright solicitor if you are ever in doubt, in order to make sure you don't accidentally break the law. This article looks at the issue of seeking permission to use a copyrighted work; your copyright solicitors will be able to give you more detail on the issue.

The rules of fair use allow you to make use of protected work in certain ways. This includes for some educational and private purposes, as well as incidental inclusion and things such as news reporting. However, if you want to use protected work for any other purpose then you will need to seek permission and possibly even get a license to make use of the work: this is why copyright solicitors are so important.

For instance, if you wanted to make use of protected material in your own work in a way that was not covered by fair use, you would normally need to contact the person or organisation who held the copyright. This would generally be the person who created the work or their publisher. It might also be a company where an employee created the work in question, depending on the circumstances. They will normally be able to deal with your request for permission to use the work.

If you plan to make use of protected material then you will need to start the process of getting permission as soon as you can as it can take time to complete. Talk to a copyright solicitor if you're in doubt, to see whether your case has a chance of succeeding or if it will be impossible to get permission. They will also be able to act on your behalf if necessary. You might find that some work is unable to be used due to existing licensing agreements, so you will need to make sure you leave enough time to make alternative arrangements.

You might also have to pay to use work, especially if you intend to sell and make money from the work you create as a result. This will generally take the form of royalties or, for a non-commercial product you might have to pay a flat fee - your copyright solicitors will be able to advise you on this.

by: Tim Bishop




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