If an exception does not apply, permission must be obtained from the copyright owner to use copyright material in any of the ways within the copyright owner’s exclusive control.

Locating copyright owners

Initial contact points for locating copyright owners for some of the most frequently requested types of copyright material are set out below:

For more detailed information on seeking permission, please refer to the Australian Copyright Council’s Permission: How To Get It information sheet.

Requesting permission

When seeking permission from a copyright owner you should:

• put your request in writing
• check to see if the organisation has a website with an online permission form
• clearly identify the copyright material you want to use (eg title and edition; name of author, editor and publisher; imprint name; year of publication; page numbers; chapters; ISSN/ISBN). If possible, provide a link to where this information can be found on the internet (eg from the publisher’s website or a library catalogue entry)
• state the exact purpose for which you will use the copyright material (including duration of use and how it will be distributed)
• describe the new copyright material you are creating and how it will be distributed
• indicate if you would like to alter their copyright material in any way
• state whether you will benefit commercially from using their copyright material (eg by selling the new copyright material for profit or cost recovery; or allowing for profit organisations to commercially exploit the new copyright material)
• indicate the size of the intended audience
• state the other copyrights you have identified in the copyright material you want to use, who you have identified as their copyright owner and whether you have obtained their permission
• be aware that the copyright owner has the right to say “no” and you must comply with this, because the copyright material is their property
• be aware that the copyright owner may charge you a fee and impose other conditions or restrictions on how you can use their copyright material
• be aware that the copyright owner may issue you with a licence agreement that they require you to sign
• be aware that it may take months for the permission to be granted, so allow plenty of time

Records should kept of how you went about locating the copyright owner and all correspondence with the copyright owner (including all documentation relating to the permission request).