Permissions

For assistance in obtaining permissions, contact Scott Day, MacEwan Copyright Specialist, 497-4277 or days@macewan.ca.

Locating the Copyright Owner

Publisher websites are a good starting point. Look for a section that deals with rights, permissions, copyright, licensing, terms of use, or about us, often located in the margins or bottom of the web page. If the publisher does not own the copyright, they can often provide you with contact information for the individual who does.

Collectives are another resource for locating copyright owners. Copyright owners such as authors, publishers, broadcasters, musicians, or artists often belong to a collective, an agency that represents their economic interests and copyright rights. Sometimes the collective itself will be able to clear copyright. Click here for a list of collectives.

Professional associations, organizations or directories are also useful in locating the copyright owner. The following titles may be helpful in finding relevant associations. The titles are located in the reference section of MacEwan campus Libraries:

Associations Canada AS40 A7 A84 2002 CC
Scott's Canadian Sourcebook FC1 C67232005 CAC and CC
Encyclopedia of Associations HS17 E565 2004 CC and MW
Publishers Directory Z475 P83 2003 CAC

You can search the Canadian Copyrights Database online. The database includes works registered after October 1, 1991. Remember that in Canada copyright registration is voluntary, not mandatory; therefore not all copyrighted works are in the database. The database is updated on a daily basis, and as of April 2005, holds over twelve thousand records.

The US Copyright Office also has a searchable online database containing records of registration and ownership since 1978.

If you only know the title of the work try Googling it. This rather willy-nilly search technique can sometimes produce great results leading you to the name of the creator, who is often, but not always, the copyright owner.

In some cases, Access Copyright (1-800-893-5777) can clear digital rights or provide a transactional license. The service usually takes 5 - 10 business days for Canadian publishers. For US publishers, the process may take longer. Access Copyright will need the following information in writing:

Book title, ISBN
Magazine or Journal Title, ISSN, Volume and Issue number
Publication date
Page numbers
Type of use: Internet, Intranet, Coursepack, CD
If online, is the material password protected
Number of users
Duration of posting
Web address
Title by which the article or book excerpt will be posted

You will be charged any rights holder charges, plus a 5% administration fee, plus 5% GST.

Permission Tips

1. Patience is necessary. Locating the copyright owner can be a tedious and frustrating process, with luck playing a greater role than most like to admit.
2. Some copyright owners may not be aware of their copyright rights. Be patient and clear when explaining your permission request.
3. Indicate the intended use of the material and the intended audience (educational purposes, password-protected course content, etc.)
4. Request all permissions in writing (via e-mail or by letter).
5. Allow at least 2-3 months to obtain clearances (the process can be lengthy).
6. Retain written copies of all permissions sought and granted, and note any restrictions (such as time period covered, access restrictions, etc.) for future follow-up or renewal.

Remember that your program is responsible for the payment of any fees associated with obtaining copyright permissions.

Obtaining Temporary Public Performance License

It is possible to show a home use video to your class, but you must obtain a temporary public performance license before doing so. A public performance fee is usually charged.

Two companies act as agents to provide public performance licenses for the majority of film producers. Criterion Pictures represents 20th Century Fox, Cinar Corporation, Columbia Pictures, DreamWorks, Lions Gate Films, Paramount Pictures, Sony Pictures, TriStar Pictures and Walt Disney Pictures among others. Audio Ciné Films acts for Universal Studios Canada, Alliance Atlantis Motion Pictures, New Line Cinema, Focus Features, Nickelodeon Films, Warner Bros. (Turner/MGM Titles), Miramax Films and MGM/UA Studios.

To obtain a public performance license contact Criterion Pictures or Audio Ciné Films in advance of your showing date and give them the following information: name of film, date of showing, and the distributor. They will fax a license or provide verbal clearance and forward an invoice to you. If you are unable to request clearance before your showing, Audio Ciné Films will in some cases provide a license after the fact. Call toll-free to Audio Ciné Films: 1-800-289-8887 or Criterion Pictures: 1-800-663-0991.

Please Note: Cost of licensing is the responsibility of the program.

Sample Digital Permissions Letter for WebCT Courses

Dear [ ],

I am writing to request permission to reproduce the following as part of the course materials for [course number] [course title] at Grant MacEwan College, a public, non-profit post-secondary institution in the Province of Alberta.

[Provide full citation information here.]

The material will be posted within a password-protected course website, accessible only to our students and staff. To accommodate this method of course material delivery, we require permission to copy the above-mentioned work in digital format.

Please respond in writing to confirm whether or not you will grant permission for this material to be posted in digital format, as well as any stipulations or royalties that you require.

Please respond at your earliest convenience.

Thank you for your assistance.