If (1) fair use or another user’s right does not permit your use, (2) the work you’re using is not in the public domain, and (3) you want to use the work in a way that one of the copyright owner’s exclusive rights regulates, you will need permission to use the work.
Licenses
A license to use a copyrighted work means permission to use a work in a particular way. Licenses can be written, spoken, or implied. Getting permission in writing is usually best. Exclusive licenses and transfers of copyright are not valid unless they are written and signed. Even with non-exclusive licenses where written licenses are not required, it is a good idea to follow up in writing to confirm permission. For example, you could send an email saying “Thank you for letting me use XYZ work on my class webpage,” (or similar) to memorialize a spoken agreement.
When you ask for permission to use a work in a certain way (for example, “in my course materials for next spring”), that limits the license. You may want to be more broad with the permission you request so you don’t have to ask again. In that example, you might omit the time reference or use a longer time frame (e.g., 3 years) on the request.
For further information on seeking permission, please see the University of Michigan Library’s guide, Obtaining Copyright Permissions.
Public Licenses
Under a public license, someone grants everyone else permission to use their copyrighted work. Creative Commons licenses and open source licenses are examples of public licenses.
Creative Commons licenses allow copyright holders to retain the copyright to their works while giving the public permission to use those works under certain conditions. For further information, please see our Creative Commons Licenses page.
Creative Commons licenses should not be used for software. Other public licenses, called open source licenses, are better suited. Open source licenses allow software to be freely used, modified, and shared. They are software-specific and allow for contributions, forking, and modifications to software that CC licenses may not. Open source licenses include the GNU General Public License (GPL), the MIT License, and BSD licenses. For more information, please see the Open Source Initiative.
Attribution and Citation
While U.S. copyright law does not require attribution or citation, it’s usually a good idea, especially in a scholarly or business context. If you have permission to use a copyrighted work, that permission may include specific attribution requirements.
Here are suggestions for image attribution in contexts such as online courses, websites, and slide presentations. If you are using a particular style guide for citation, you may need to format your citation (attribution) in a particular way. For further information on citation, check out the PSU Libraries’ Citation Guide.
- For items with Creative Commons licenses, follow the Best practices for attribution on the Creative Commons wiki, providing Title, Author, Source, and License.
- For items where you’ve gotten permission, use the attribution (also called a credit line) specified by the person who granted permission, and note that you’re using the material with permission. Often it will be something like “© [Name of copyright holder], [year of publication]. Used with permission.” If possible, provide the Title, Author, and Source as well (see Creative Commons documentation above).
- For all other items, including public domain items and items used under fair use, provide Title, Author, and Source (see Creative Commons documentation above). If there is a copyright notice on the source, include it as well. (A copyright notice consists of the word “copyright,” an abbreviation of it, or the symbol ©, plus the copyright holder’s name and the date of publication.)
Remedies for Copyright Infringement
When copyrighted material is used without permission in a way that is not fair use, the user is liable for copyright infringement. In some situations, others (such as the user’s employers) are also liable. To bring a copyright suit, the copyright owner must first register the work.
Chapter 5 of the U.S. Copyright Act lays out the remedies for infringement. When a plaintiff is successful in a copyright lawsuit, they may obtain the following remedies:
- Injunction: An injunction is a legal order issued by a court to “prevent or restrain” infringement. For example, a court might order removal of infringing content from a website.
- Impoundment and Destruction: At any point during copyright litigation, a court may impound allegedly infringing items and the items used to reproduce them. In a final judgement, a court may order destruction of those items. This is rare.
- Damages and Profits:
- Actual Damages and Profits: A court can order that defendant pay to the plaintiff the amount of actual damages experienced by the plaintiff as well as any profits by the defendant that were not included in those actual damages.
- Statutory Damages: As an alternative to awarding actual damages and defendants’ profits, a court may award statutory damages. These are set amounts per work infringed, typically no less than $750 per work and no more than $30,000 per work. In the case of a willful infringement, damages may be heightened to up to $150,000 per work. Defendants who can show that they were “not aware and had no reason to believe” they were infringing copyright may have statutory damages reduced to $200 per work. Statutory damages are available only if the work was registered in a timely fashion.
- Costs and Attorney’s Fees: The court may award full costs to any party and reasonable attorney’s fees to the prevailing party, if the work was registered in a timely fashion.