9 Key Steps You Must Take When Granting Permission to Use Copyrighted Material
Are you the one granting permission to use copyrighted material that is yours? I’m telling you the key steps you must take to avoid losing your materials, your money, or even your business.
Granting permission to use copyrighted material you created can be greatly beneficial, whether you are getting paid or gaining exposure for your work and business, but if you’re anything like me, you want to ensure your intellectual property is protected, your work does not get misused, and you do not get in any legal trouble or even lose money. As a lawyer myself who helps creators and entrepreneurs like you, I am telling you exactly what steps you need to take to safely grant rights to use your copyrighted materials while protecting your intellectual property, money, and business.
You will learn about the crucial steps you must take when granting permission to use copyrighted material when you receive a copyright permission request.
After learning the simple steps to implement granting permission to use copyrighted material, you can safely share your materials without risking them being misused or losing your intellectual property, money, or business!
This post is all about the essential steps to take when granting permission to use copyrighted material to prevent you from losing your intellectual property, money, or business.
Crucial Steps for Granting Permission to Use Copyrighted Material
Crucial steps when receiving a copyright permission request
1. Decide on how long your materials may be used
The first crucial step you need to take before granting permission to use copyrighted material is to decide how long you want to allow the user to use your copyrighted material.
Will you let them use it for a week, a month, a year or indefinitely? Perhaps the user has already specified the period during which they would like to use it. Or maybe you have an idea based on what purpose they would like to use it for. For example, maybe they want to use your photo for a blog post. In that case, they would probably want to use it for an indefinite period. They probably do not want to change the pictures in their blog posts after one year. Or, perhaps they would like to use your video for a temporary project. In that case, they obviously just need to use it for the duration of the project.
I recommend stating either an indefinite period or a specific time period and not the duration of a project or event. Why? The end of a project or an event can be left to interpretation, and it may be longer than anticipated or extended.
Therefore, it’s safer to specify the time period if you want to limit it to a specific period and not an indefinite period. You can always agree to extend the period.
2. Decide on for what purpose(s) your materials may be used
The next thing you want to have crystal clear before granting permission to use copyrighted material is for what purpose the user may use your material.
As the owner of the copyrighted material, you want to keep full control of how your material is being used.
So, you want to limit it specifically to what the user wants to use it for. Sometimes, the purpose can be described vaguely in a copyright permission request email. Don’t be afraid to ask them to specify exactly what they want to use it for. If it’s for a blog post, then ask what the blog post is about.
That way, you will be able to ensure your materials will not be (mis)used for other purposes you do not agree to.
3. Decide on where your materials may be used
The next step you want to take before granting permission to use copyrighted material is to decide on where your materials may be used.
If it’s for a blog post, for example, you want to know in which blog post it will be used. Ask for the title of the blog post and, if available, the URL of the blog post.
If someone wants to use your video for their social media, then ask for the social media handle of the account they want to publish it on.
4. Establish how you want to be compensated
The next thing you want to establish before granting permission to use copyrighted material is how you want to be compensated.
Perhaps you want monetary compensation. Do you ask for a fixed fee or royalties (period payments) for the duration of the usage rights?
But there are also other non-monetary compensation you can ask for.
Another method of compensation is to receive a right to use one of their creations in return.
Or if the user is using your copyrighted materials for their online course, you could be compensated by getting access to that course at no additional fee.
5. Decide on how the user should attribute your work
In any case, you want the user to give you credit for your copyrighted material. It is a fundamental right to receive attribution for your creations. But how do you want them to give you that credit? By mentioning your name or your business name or both? Do you want them to insert a link to your social media account? Or maybe a link to your website instead?
That is the last thing you need to decide on before granting permission to use copyrighted material.
6. Draft a license agreement
Once you have determined all the things you need to know, as described in the previous five steps, it’s time to draw up a license agreement. The license agreement is the document by which you will actually be granting permission to use copyrighted material. You’re not only granting permission, you are also giving the user a license, which is a right to use your copyrighted material.
The license agreement is the documents in which you stipulate:
all the five things you determined in the previous five steps,
the types of license you will be granting (a sole or a non-exclusive license?),
how and to what extent the user may edit your material,
under which circumstances your material may not be used (like in case the material is used in a way that is harmful, disparaging or embarrassing you or others),
what happens in the case that you do not get compensated (in full or on time),
when you may suspend or even terminate the license,
etc.
The license agreement provides a clear process and guidance on how the material may be used, and it gives you full power to contract how your material can be used and when you can take the rights of the user away.
It also provides the user certainty that the user can continue using the material (for the specified duration) as long as the user complies with your rules.
If you want to learn more about the essential terms you need in your license agreement, read this blog post on the 11 Must-Haves for Every Content License Agreement.
Want a license agreement template with all the essentials you need? Get your License Agreement on this page of my contract shop!
7. Share the license agreement with the user for signing
Once you have drafted your license agreement, share the license agreement with the user for signing by email.
Don’t just send a PDF and let the user figure out how to sign the license agreement. Send it via an e-signature service, like DocuSign or Signaturely.
But let them know that should they have any questions or concerns regarding the license agreement, they should not hesitate to let you know.
In the case that they are not aligned with one of the terms and they request a change that you can agree with, you can make amendments to the document yourself and then have them sign a new version.
8. Keep track of how your materials are used
After granting permission to use copyrighted material, you should keep track of how your copyrighted material is used.
There are several ways in which you can track the use of your materials. In some cases, it’s harder to track than others. If, for example, someone is using your photo for their blog post, one method is to do a simple image search on Google and see where your photo pops up.
If, however, your materials are used for a private project or at an event you are not attending, then it’s harder to keep track.
That is why you should have information rights provisions in your license agreement with the obligation for the user to inform you on how your materials are being used whenever you enquire about your materials.
9. Keep detailed records of all communications
Another step you must take after granting permission to use copyrighted material is to keep a record of all communications regarding the materials.
You want to have your license agreement on file, as well as any email communications regarding any extensions, suspensions, (late) payments, notices, and the termination of the license agreement.
If you are granting permission to use copyrighted material on a regular basis, use contract management software or an Excel sheet to keep track.
That way, you stay in full control of all your intellectual property and have all the evidence you need, should someone infringe on your intellectual property or breach the license agreement.
Permission to use copyrighted material template
When granting permission to use copyrighted material, the one tool you need is a license agreement.
Don’t have a license agreement template? I sell a license agreement template package in my contract shop. It includes a (licensee-friendly) template you can use when using another person’s content or other intellectual property. It also includes a (licensor-friendly) template for you to use when you are granting permission to use copyrighted material. They include all the essential terms you need to safely grant the right to use your materials while keeping those materials and yourself fully protected.
Get your License Agreement on this page of my contract shop!
Want to create a copyright permission request email?
Are you asking someone for permission to use their copyrighted material? Then you must read this blog post on the 7+ (Legal) Essentials You Need in Your Copyright Permission Request Email.
You will get FREE access to a copyright permission request email.
This post was all about the simple steps to take when granting permission to use copyrighted material to keep your materials, money, and business protected.
Want to know how to get copyright permission for a song, image, video or other copyrighted work? Read this blog post: A Practical Guide on How to Get Copyright Permission for Images | 7 Essential Elements.
Want to learn more about the license agreement? Then read this blog post: What Is a Content License Agreement | The Ultimate Guide.
Get your License Agreement on this page of my contract shop!
