Request Permission to Use Copyright Materials - Template

ESDC employees may use this template to ask permission to use materials such as images, videos, documents, etc. that are subject to copyright. This document was prepared by the ESDC Intellectual Property Centre of Excellence (IPCOE).

All employees must comply with the intellectual property (IP) rights of third parties. This is required under the Copyright Act and other IP legislation, and it is part of the ESDC IP Management Policy. You can learn more about this through the IP Job Aids series, available on iService.

When we need to use materials where permission is not already in place, we must ask for permission from the copyright owner or their authorized representative.

The ESDC IP Management Policy does not specify which level of employee must make the request. However, the IP Management Policy does specify that program Directors General are responsible to ensure compliance with IP permissions (called IP licenses).

i. Types of materials

Copyright protects many types of materials. The below template is designed for: Text-based documents (e.g. reports); photographs; graphics/designs; music; and videos.

For any other type of materials protected by copyright such as trademarks, software or code, do not use this template. Instead, contact the IPCOE.

Before you can successfully use this template, you must consider how ESDC wishes to use the materials and for what purpose(s). The IPCOE is available to discuss, if you need guidance.

Consider these 7 questions about how ESDC wants to use the materials:

1. How does ESDC need to use the materials? Why?
2. Will ESDC reproduce the materials? (Usually yes, because reproducing means copying in any way. It includes digital actions like e-mailing materials, or saving more than one copy onto different network or hard drives. It also includes paper-based copying.)
3. Will ESDC distribute the materials? (If so, specify how and where.)
4. Will ESDC translate the materials? (We must not translate material without permission. If the material is not bilingual, and if ESDC may translate it to other languages, we must ask permission. We should also be clear about who will own the resulting translation.)
5. Will ESDC modify the materials? (This includes changes or edits to the materials, whether text-based, visual like changing colours, or any other changes. If you have specific reasons to make changes or you know which exact changes you will make, include the details in your request.)
6. Will ESDC involve others in using the materials? (For example, will ESDC work together with provinces or the private sector to use the materials? We need permission to do so. Otherwise, the permission is specific to ESDC. ESDC cannot directly permit others to use the works, unless it has permission to do so from the copyright owner or administrator.)
7. Planning ahead: Once you have drafted a request letter using the below template, re-read it. Does it clearly request all the uses you need? (In future, we can go back and ask to add new uses. However, the owner can refuse or can require ESDC to pay a fee.)

Once you have read section A. and B. above, you are ready to complete the following template. For any questions, please review with your manager and contact the IPCOE.

[Enter recipient information: name, position, organization, mailing address]

[Enter Today’s Date]

I am writing in my capacity as [Enter your title and the name of your division/branch/organization], of the Department of Employment and Social Development (ESDC). ESDC is a department of the Canadian federal government. I am writing to request your permission to use, as set out below, the below materials.

[Here you can include a brief overview of the context where you plan to use the materials.]

Materials

My understanding is that you are the copyright owner or administrator of the following materials:

• [Enter description of item here: Title, Year, URL, page numbers and other important information.]
• [If there are multiple items with the same copyright owner, create a numbered list.]

Non-Commercial Use

ESDC will use the materials identified above only for non-commercial purposes. [You can list specific purposes here, such as: Internal training programs, use in research]. There will be no charge to end users and ESDC will make no profit from the use.

Requested Permissions

I hereby request the following permissions for the above materials:

ESDC would like a worldwide license to reproduce [add, if required, other needs – see section B. above for guidance – e.g.: modify, translate] the above materials, for the duration of the copyright. [If hard-copy reproduction is required, identify it (e.g. “ESDC will print 500 copies for distribution in Alberta”).If digital reproduction is required, identify it (e.g. “ESDC will post the materials to…”).]

I also hereby request the right to sub-license the works to the following parties, for the listed uses: [List any other organizations that will use the works with ESDC. If none, delete this entire paragraph.].

Acknowledgement

In the response, please indicate your preferred method of attribution.  Explain how and where ESDC should acknowledge your permission.

Response Requested

I would appreciate a response in writing by [DATE, always provide at least 2 weeks] to ensure our work can move ahead or alternate sources can be found.

If you agree to grant this permission, it would be granted to Her Majesty the Queen in right of Canada as represented by the Minister of Employment and Social Development Canada (Her Majesty).

If you will not grant this permission, I would appreciate you promptly notifying me.

Please contact me to discuss any questions or concerns related to this request.

Sincerely,

[name, contact information and job title of requester]

The copyright owner or administrator is free to grant the permission – or not.

Note: Only written responses (whether e-mail or print) that clearly indicate the permissions and the name of the copyright owner or administrator are reliable. If you get any response that does not meet any of these requirements (e.g., a phone call, or an unclear written document that is missing some information), contact the IPCOE.

Typical responses include:

• Granting the permissions, free of charge. Always find, read, save and comply with the Use Requirements /Permission when using materials belonging to others (Job Aid #4 Interpreting Use Requirements).
  Update this to reflect standard Job Aid wording (read save comply???): Read the response,
• Granting some but not all of the permissions, free of charge.
  Review the license to determine if it is acceptable given you did not get all the requested permissions, then proceed as above.
• Requesting payment.
  Contact the IPCOE before agreeing or making any payment.
• Denying ESDC’s request, or redirecting the request to a third party.
• Not responding at all, because there is no obligation to respond.

Remember: Do not use the works without permission!