2.6. If you cannot identify who owns copyright... Once you have this information, there is, unfortunately, no single place or organisation in the UK that holds a list of copyrights and copyright owners (as it is necessary to register copyright in the US and other countries, it can be easier to trace copyright owners there). Also, the fact that copyright is a property right can complicate matters further insofar as ownership of the property can be transferred to other parties (such as individuals or businesses) through inheritance, licensing, acquisitions or mergers. If you cannot identify who owns the copyright for the work or recording that you wish to digitise, then there are organisations that do have listings for specific types of works (musical, literary, photographic etc); if they cannot help they should be able to direct you to a more appropriate body who can. You need to get as many details of your source material as possible, and then either approach one of the following organisations, or look on the Internet, or in catalogues/directories, or do all of these. Alternatively, you could use a copyright clearance centre that may charge you for this service. In the UK, for example, you could approach: Music organisations:
MCPS - Mechanical Copyright Protection Society - for any audio recordings
PRS - Performing Rights Society - for broadcasts and performances of the music
MPA - Music Publishers' Association - other inquiries
Non-musical Audio sources:
National Sound Archive
Individual Record Companies
MCPS (on behalf of the record companies)
Literature and Written bodies:
CLA - Copyright Licensing Authority
PA - Publishers' Association
ALCS - Authors' Licensing and Collecting Society
The Composers' and Artists' Yearbook Photographs and Visual Images:
Libraries
Artists Listings
Copyright Clearance Centres If the worst comes to the worst and you are unable to identify the copyright owner for a work by 'reasonable inquiry' then you may still be able to use the work by proving that you have used your best efforts and gone to a reasonable length to discover who the copyright owner is. Be very wary of this, as it is not a failsafe option: it can be very difficult to prove successfully that 'best effort' was made, and you can still be charged with infringing the copyright in a work (regardless of any caveat) if you have used it without permission. One of the best ways to prove that you have done your utmost to identify the copyright owner is to keep a record (preferably written) of all your correspondences and contact with copyright holders. This is also one of the best ways to protect yourself from being accused of copyright infringement: by ensuring that any permissions or licenses that you may get are in writing, signed and dated. If you are in any doubt, get the agreement checked out with a copyright or IP lawyer. Keep these records for as long as you need to use the work. 2.7. Applying for copyright Once you have identified the copyright owner, the next step is to contact them indicating the: Title of the extract/recording/image that you wish to use
Author/composer/arranger
Date of publication
Source where you found the work - i.e. website/journal/CD etc.
Length of the extract - in minutes/bars etc.
How precisely it is to be used - i.e. for academic/educational/non-profit-making/ commercial purposes
Media to be used - i.e. CD/CD-ROM/website/printed copy
Who the audience is going to be - i.e. limited access to project members/by password on the web
Length of time it is to be used for - i.e. unlimited/estimated length of project/one month/one year... Stress, when contacting the copyright owner, if the use is non-profit-making, non-commercial, educational, password controlled, limited in access and any other limitations. If the copyright owner is aware that is it not being used as a money-making scheme, and that it will not be made available to everyone and anyone around the globe, then you are more likely to get a favourable response. You could also consider asking whether there are any licensing schemes that your project could take advantage of. These might include standard contracts specifying length, amount or duration limitations for education, non-commercial or other common or standard requests. Remember also that copyright owners do have the right to be acknowledged and recompensed for use of their work, so there is normally a fee requested and may be conditions attached to your use of their work. You have to assess how the work is going to be used at present and in the future, and then decide whether you are willing to accept possible restrictions on usage and time in order to get access to the work, or whether you are willing to pay the price for unlimited access. Give the details as specifically as possible, but do be aware that any such correspondence becomes the basis of your request. This can become an official agreement very quickly, so think about what you want and the areas that you are willing to compromise on before you contact them: and remember to keep copies of all contact with copyright owners.
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