Requesting Permission to Use IP
ESDC Intellectual Property (IP) Job Aid Series

(PDF version, 102 KB)

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  • Long Description

    #1 Rule – Don't use copyrighted material without permission.

    While giving credit to the copyright owner is a good practice, it does not eliminate the requirement for permission. In some cases, such as Creative Commons, permission is provided through posted Use Requirements. [See: Job Aid – How to Interpret the Use Requirements]

    Only use the material in accordance with the Use Requirements, whether published or received directly from the copyright owner. If the Use Requirements cannot be found or are unsuitable, consult the owner directly or replace the respective content with different material sourced using:

    • Creative Commons See: Job Aid – Creative Commons
    • Public Domain
      When copyright has expired or never existed See: Job Aid – Public Domain
    • Fair Dealing
      May apply in certain circumstances See: Job Aid – Fair Dealing

    When permission absolutely must be requested directly from the owner, follow these steps:

    A - Identify The True Owner Of The IP

    This first step to obtaining permission can involve some effort – especially if the original author has sold their rights to another party. Some tips for finding a copyright owner include:

    If the owner cannot be identified/reached, contact the IPCOE for assistance or find new material!

    B - Contact The True Owner In Writing

    Use the Requesting Permission to Use IP Job Aid to communicate with the copyright owner, or include the questions in a written email.

    • Clearly identify the material being requested and how it will be used in your project.
    • Include any desired intention to copy, distribute (even if only within the department), translate, modify and/or post a portion or entirety of the document online.
    • Identify the target audience, existing or potential partnerships and any commercial intention.
    • Clarify that this person has the authority to provide permission and, if they don't, request that they provide the legitimate owner's name and contact information.
    • Ask for instructions on recognition.
    • Comply with Moral and other associated rights that may apply.
      [See: Job Aids – Moral Rights and – Additional Rights Holders]

    C - Keep Records

    If permission or Use Requirements are provided at the source, keep:

    • A record of the source location or URL
    • A complete copy (or screenshot) of the material/image in question
    • A complete copy of the Use Requirements

    If permission from the copyright owner must be requested:

    • Contact them to provide clear details around how and where the material will be used
    • Keep a record of all communication, including any resulting Use Requirements

    Save all records in a shared repository where they:

    • Are accessible to multiple employees;
    • Can be kept indefinitely

    Questions?

    Refer to the Intellectual Property Centre of Excellence (IPCOE) or contact the IPCOE by e-mail at: NC-ASSETS-IP-POLICY-POLITIQUES-BIENS-PI-GD.