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Disagreements Over Fair Use: When Are You Likely to Get Sued?

The difficulty in claiming fair use is that there is no way to guarantee that your use will qualify as fair. You may believe that your use qualifies—but, if the copyright owner disagrees, you may have...

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Releases

A “release” is an agreement by which someone waives (gives up) any rights to sue arising from a certain activity. A release is usually needed when a publication (or broadcast) of a person’s name or...

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What Is a Release?

Legal Risks of Failing to Obtain a Release Without a written release, if you reproduce photos, video, or other represen­tations of an individual, that person might be able to bring you into court for...

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When to Use a Release

Whether you need to obtain a release depends on why you want to use a person’s name or image. If your use is for commercial purposes—for example, using a person’s photo in an advertisement—you need to...

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Personal Release Agreements

This section provides and discusses personal release agreements that permit the use of a person’s name and image. Personal releases are often referred to as “model releases,” although the term “model”...

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Interview and Property Releases

There are occasions when a release is required for a purpose other than using someone’s name or image. Below are two other forms of release: a release to use statements from an interview; and a release...

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Copyright Research

Most of the chapters in this book discuss when and how to seek permission from a copyright owner when using a copyrighted work. But what if you don’t know who owns the copyright or how to find the...

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Copyright Ownership and Transfers FAQs

When performing copyright research, you may have questions about copy­right rules or terminology. For example, you may uncover a registration indicating the work is “made for hire,” or you may find a...

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Starting Your Copyright Research

There are three parts to copyright research. First, you must isolate elements that are necessary to perform your research. For example, you must examine the work for clues such as copyright notice or...

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Searching the Copyright Office and Library of Congress Records

Now that you have isolated the information necessary for searching, you can begin examining the records at the Copyright Office and at the Library of Congress. Each of these databases has valuable...

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