When Can I Use Copyrighted Material Without Permission?

Acceptable Cases and Common Misconceptions

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(Arden Wray/The New York Times)

Copyright is the exclusive legal right to print, publish, perform, film or record literary, artistic or musical material, and to authorize others to do the same. Usually, people need permission to reuse or republish a copyrighted work, but there are some exceptions.

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How does copyright work?

A copyright protects the expression of an idea in an original, creative work. The work can exist in any tangible media. Examples include poems, articles, books, podcasts and computer software. When someone creates an original work, they or their company register as the owner of the copyright to that work. The copyright owner then legally controls how the work can be copied and distributed.


Do I always need permission to reuse copyrighted material?

In most cases you will need permission to reuse a copyrighted work, but some uses without permission are legal. For example, if the conditions of fair use are met, or if the reuse falls under a Creative Commons license, you may not need the copyright owner’s permission. 


Fair use

Fair use is a U.S. legal doctrine that helps support freedom of expression by allowing the unlicensed use of a copyrighted work in certain circumstances. Examples of fair use include criticism, comment, news reporting, teaching, scholarship and research. When determining whether a specific use is fair use, the factors that are considered include how much of the copyrighted work is being used; the nature of the copyrighted work; whether the reuse of the work is for commercial purposes; and whether reuse will have any effect on the copyrighted work’s value. It is important to remember that measuring fair use is quite subjective. Depending on the circumstances, a court may also consider other relevant factors when determining fair use. If you are uncertain whether a specific use case is fair use, you should seek permission from the copyright holder or consult with an attorney. 


Creative Commons

With work under a Creative Commons license, you may not have to contact the copyright holder for permission to reuse it.Creative Commons licenses allow the copyright holder to make their protected work available to the public for limited-use cases while reserving other rights. The rights in these licenses vary, but all uses require attribution. How you attribute authors of the licensed material will depend on a variety of factors, such as whether you modify the content or create a derivative. 


Copyright law can be pretty complicated. If you are unsure whether your use case requires copyright permission, it is best to consult a legal advisor. 


3 Misconceptions about getting copyright permission

Citing an author is not the same as getting permission.

Citing an author, or attribution, gives credit to the copyright holder of a creative work. When you are reusing a copyrighted work, attribution is required in addition to written permission from the copyright holder. Attribution lets others know that you have not plagiarized the original work. Written permission ensures that you are legally allowed to reuse it. 


Just because you can use an article for a specific purpose does not mean you can use it in other ways.

When you reuse an article that is under copyright protection, the scope of your rights will be defined in a license agreement. Permission to use an article for a specific purpose does not allow you to reuse the article in other ways. For example, if you have the rights to distribute an article internally, that does not mean you can post it on your website or send it to a client to help with a sales call. 


Not hearing back from a publisher is not the same as getting permission.

Permission is required to reuse copyrighted material in the majority of cases. You cannot assume that if you do not hear back from a publisher after requesting permission then the publisher does not object to you using their copyrighted material. If some time has passed since you contacted the publisher, you should check the contact information you have to make sure it is correct or try another method of contact. 

Reusing articles in educational settings is always covered by fair use. 

Fair use only covers specific use cases. If you plan on using copyright material in the classroom (for example: using newspapers to teach English, reading a textbook), it's important to have a clear understanding of the limitations of fair use. If you are unsure if your use case is covered, consult your legal team. 

How do I get permission to reuse copyrighted material?

If the material you would like to use is under copyright protection, you should start by contacting the author or publisher of the material to request permission in writing. In most cases, the author or publisher will be the copyright owner and can grant you permission. Sometimes the copyright owner may be someone else. In that case, the author or publisher can refer you to the appropriate contact to make your permissions request.

Final thoughts: an easier way with one license

If you are looking for permission to use more than one piece of copyrighted material, an easier solution may be to secure a copyright license. For example, if your use case requires permission for several articles from one publisher, or if it requires permission from multiple publishers, you can contact a content licensing company to help you secure a license that covers the permission at scale. This can be beneficial, since it will reduce the time spent negotiating rights each time you need permission for a new piece of copyrighted material. 


NYTLicensing is a content licensing company that offers independent journalism and storytelling, across a range of formats, to help you craft a more comprehensive content strategy. Choose from original reporting from The New York Times or dive deep with rights-cleared material from a variety of respected publications in the areas of business, health, lifestyle, science and technology, opinion and more. Popular titles include Harvard Business Review, Scientific American and Slate.

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