1. What Is Copyright Permission?
Copyright permission is authorization from a copyright owner or another party with authority to license the relevant rights.
Permission is commonly granted through a copyright license.
The scope can be narrow or broad.
For example:
A photographer may authorize one image for a specific advertising campaign.
A publisher may permit reproduction of an excerpt from a book.
A software company may license code for integration into another product.
A music rights holder may authorize use of a song in an audiovisual production.
A filmmaker may obtain permission to incorporate archival footage into a documentary.
Copyright permission should be distinguished from ownership.
A license usually allows specified uses while the copyright owner retains ownership of the underlying work.
An exclusive license can be treated differently under federal copyright law because exclusive rights can constitute a transfer of copyright ownership.
The scope of the permission therefore matters just as much as whether permission exists.
2. When Do You Need Permission to Use Someone Else’s Copyright?
Permission may be required when the intended use implicates one of the copyright owner’s exclusive rights and no statutory exception, limitation, existing license, or public-domain status authorizes the use.
Situations that may require permission include:
Using photographs in advertising.
Reproducing artwork on merchandise.
Copying text from another website.
Using music in a commercial video.
Incorporating film clips into a presentation.
Translating a book or article.
Adapting written content into another format.
Reproducing illustrations in publications.
Using third-party software code.
Republishing social-media photographs.
Distributing copies of protected material.
Displaying artwork commercially.
Creating products based on copyrighted characters or designs.
Whether permission is actually necessary depends on the specific work, the intended use, existing licenses, copyright status, and applicable statutory exceptions.
The analysis should begin with the proposed use rather than an assumption that all third-party content either requires permission or qualifies as fair use.
3. What Copyright Rights May Need to Be Licensed?
Copyright is not one indivisible right.
Section 106 of the Copyright Act provides copyright owners with several exclusive rights, subject to statutory limitations.
Depending on the work, those rights can include the right to:
Reproduce the work.
Prepare derivative works.
Distribute copies.
Publicly perform qualifying works.
Publicly display qualifying works.
Publicly perform sound recordings through certain digital audio transmissions.
A license should identify which rights the intended use actually requires.
For example, permission to display an illustration on a website may not authorize reproduction on packaging.
Permission to publish an article in English may not include translation rights.
Permission to use a photograph in one advertising campaign may not include merchandise rights.
Permission to play music at an event may not authorize incorporating that music into a promotional video.
Rights can also be divided and owned by different parties.
Copyright clearance may therefore require more than identifying the original creator.
4. When Can Copyrighted Material Be Used Without Permission?
Permission is not required for every use of copyrighted material.
Federal copyright law includes exceptions and limitations that may authorize certain uses.
Potential examples include:
Fair use.
The first-sale doctrine.
Certain library and archival activities.
Specific performances and displays.
Statutory licensing arrangements.
Use of material in the public domain.
The applicability of any exception depends on the circumstances.
For example, lawfully owning a physical copy of a book may permit resale of that particular copy under the first-sale doctrine.
It generally does not authorize reproduction of hundreds of new copies.
Likewise, fair use may permit certain unlicensed uses, but it is not an automatic exemption for nonprofit activity, educational use, online posting, commentary, or short excerpts.
A user should identify the legal basis for proceeding without permission rather than simply assuming the use is acceptable.
5. What Is Fair Use?
Fair use is a statutory doctrine that can permit certain uses of copyrighted material without authorization.
Section 107 identifies purposes such as criticism, comment, news reporting, teaching, scholarship, and research as examples that may involve fair use.
Those purposes do not automatically make a use lawful.
Courts evaluate four statutory factors:
The purpose and character of the use.
The nature of the copyrighted work.
The amount and substantiality used.
The effect of the use on the potential market for or value of the copyrighted work.
Fair use is highly fact specific.
There is no universal rule permitting:
Ten percent of a work.
Thirty seconds of music.
One photograph.
A fixed number of words.
A particular number of musical notes.
Any other predetermined amount.
Even a relatively small portion may be significant if it represents an important part of the original work.
In other circumstances, use of an entire work has been found fair.
Businesses should therefore avoid relying on percentage formulas or online “fair use calculators” as substitutes for legal analysis.
6. Does Giving Credit Mean You Can Use Copyrighted Material?
No.
Giving credit to the creator does not by itself authorize use of copyrighted material.
Attribution and permission are separate concepts.
Statements such as:
“Photo credit: Photographer Name”
“Copyright belongs to the original owner”
“No copyright infringement intended”
“Used for educational purposes”
do not create a copyright license.
If permission is legally required, authorization still must come from the party controlling the relevant rights.
Attribution can nevertheless be required as a condition of a valid license.
Creative Commons licenses are a common example.
7. Can You Use Content Found on the Internet or Social Media?
Not automatically.
Content being publicly visible online does not place it in the public domain.
Photographs, videos, illustrations, articles, music, graphics, software, and other material can remain protected by copyright even when anyone can view them online.
Businesses should therefore be cautious about:
Downloading images found through search engines.
Reposting customer photographs.
Copying images from Instagram or Facebook.
Using graphics from another company’s website.
Republishing articles.
Using screenshots containing protected creative content.
Downloading public videos for commercial reuse.
Using memes containing protected photographs or film clips.
Copying product photographs from another retailer.
Platform terms can also affect the analysis.
A person uploading content to a social-media platform may grant certain rights to that platform.
That does not necessarily mean every other user has unrestricted rights to copy the material and use it commercially elsewhere.
Where the content matters to the business, determine whether the company owns it, has a license, or has another valid legal basis for the intended use.
8. Can Public-Domain Material Be Used Without Permission?
Generally, copyright permission is unnecessary for material that is genuinely in the public domain.
A work can enter the public domain because its copyright term expired, it was never eligible for copyright protection, or historical copyright requirements were not satisfied.
As of 2026, works published in the United States before January 1, 1931 are generally in the U.S. public domain because their copyright terms have expired.
Certain works of the U.S. federal government are also excluded from federal copyright protection.
Care is still necessary.
A government website may contain third-party photographs, maps, artwork, reports, software, or other materials that remain copyrighted.
A public-domain book may include a newer translation, introduction, illustrations, editing, or other material protected by separate copyrights.
Other legal rights may also apply even when copyright does not.
Potential issues can include:
Trademark.
Privacy.
Right of publicity.
Contract restrictions.
Property rights.
Public-domain analysis should therefore focus on the specific material being used.
9. How Do Creative Commons Licenses Work?
Creative Commons licenses provide standardized ways for copyright owners to authorize public use of their works subject to specific conditions.
The principal license conditions include:
BY for attribution.
SA for ShareAlike.
NC for NonCommercial.
ND for NoDerivatives.
Different licenses combine those conditions in different ways.
For example, a CC BY license can permit reuse and adaptation, including commercial use, if the applicable attribution conditions are satisfied.
A CC BY-NC license limits qualifying uses to noncommercial purposes unless additional permission is obtained.
A business should confirm:
Which license applies.
Which version of the license applies.
Whether commercial use is permitted.
Whether modification is permitted.
What attribution is required.
Whether ShareAlike obligations apply.
Whether third-party material is excluded from the license.
A Creative Commons license only grants rights the licensor actually has authority to grant.
Third-party rights appearing within the material may still require separate analysis.
10. How Do You Determine Who Owns a Copyright?
Identifying the current copyright owner may require investigation.
The original creator may have transferred copyright to:
A publisher.
Production company.
Employer.
Corporation.
Estate.
Distributor.
Agency.
Another person or entity.
Ownership research may include reviewing:
Copyright notices.
Credits and acknowledgments.
Publisher information.
Copyright registration records.
Recorded transfers.
Contracts.
Licensing information.
Copyright registrations and recorded transfers can provide valuable evidence, but no single source necessarily resolves ownership in every matter.
Copyright notice also is not definitive.
For works published on or after March 1, 1989, copyright notice is generally optional.
The absence of a notice therefore does not mean the work is free to use.
Likewise, an old copyright notice may no longer identify the current owner if the rights were later transferred.
The person who created the work may not be the person authorized to license it today.
11. What Should a Copyright Permission or License Cover?
A copyright permission agreement should define the authorized use with enough precision to avoid uncertainty later.
Depending on the transaction, it may address:
The exact work being licensed.
The copyright owner or authorized licensor.
The licensee.
The rights being granted.
Whether the license is exclusive or nonexclusive.
Permitted media.
Territory.
Duration.
Number of copies or uses.
Website rights.
Social-media rights.
Advertising rights.
Commercial use.
Modification.
Derivative works.
Translation rights.
Sublicensing.
Attribution.
Copyright notices.
License fees.
Royalties.
Approval rights.
Termination.
Representations concerning ownership.
Indemnification.
A request for permission should likewise provide enough detail for the rights holder to understand the contemplated use.
The scope of the written authorization should match the actual project.
Exclusive licenses require particular care because federal copyright law generally treats an exclusive license as a transfer of copyright ownership, and qualifying transfers generally must be documented in a signed writing.
Learn About IP Licensing Agreements
12. How Are Music Rights Cleared?
Music can involve multiple separate copyrights.
A song’s musical composition, meaning the underlying music and lyrics, is legally distinct from a particular sound recording of that song.
Those rights are frequently owned and licensed by different parties.
For example, a company wanting to use a commercially released song in a promotional video may need to evaluate rights in both:
The musical composition.
The specific sound recording.
Using a different recording does not necessarily eliminate the need to clear the underlying composition.
Likewise, permission from the songwriter does not necessarily authorize use of the record label’s recording.
Music use may also involve:
Synchronization rights.
Mechanical rights.
Public-performance rights.
Digital-performance rights.
Statutory licenses.
Other specialized music licensing structures.
The appropriate rights depend on whether the music will be reproduced, distributed, streamed, performed, or synchronized with audiovisual material.
Music clearance should therefore begin with two questions:
Which copyrighted work is being used?
and
How will it be used?
13. What Other Rights Should Be Considered When Using Photographs, Videos, and Creative Content?
Copyright is not always the only right that matters.
A photograph may be copyrighted by the photographer while also depicting a recognizable person with separate privacy or publicity rights.
A video may contain:
Copyrighted music.
Artwork.
Photographs.
Performances.
Trademarks.
Architecture.
Third-party designs.
Other protected material.
An advertisement may have permission to use a photograph but not permission to suggest that the person depicted endorses a product.
Likewise, a licensed stock image can include recognizable people, artworks, trademarks, or other elements that are outside the scope of the copyright license.
Content clearance should therefore consider the entire proposed use.
Potential additional rights may include:
Right of publicity.
Privacy.
Trademark rights.
False endorsement.
Contract rights.
Property restrictions.
Additional copyrights.
A copyright license should not automatically be treated as universal permission for everything visible or audible in the material.
Learn About Right of Publicity & NIL Protection
14. What If You Cannot Find the Copyright Owner?
An inability to locate the copyright owner does not automatically make a work free to use.
Works whose owners cannot readily be identified or located are often described as orphan works.
The copyright may remain valid even though obtaining permission is difficult.
There is no general U.S. rule providing that an unsuccessful ownership search automatically authorizes unrestricted use of an orphan work.
A business considering such material should evaluate:
Whether the work remains protected.
How extensive the ownership search has been.
Whether fair use may apply.
Whether another statutory limitation applies.
Whether an authorized publisher, estate, agency, collective, or licensing organization can be identified.
How important the material is to the project.
The potential infringement risk.
Silence also is not permission.
If an apparent copyright owner does not respond to a licensing request, the user should not generally treat the absence of a response as affirmative authorization.
15. How Can Cohn Legal Help With Copyright Permissions and Content Clearance?
Cohn Legal, PLLC assists businesses, creators, publishers, agencies, technology companies, filmmakers, advertisers, website operators, and other content users with third-party copyright permissions and licensing.
Representation can begin by identifying the material and determining whether permission is actually required.
Cohn Legal can assist with:
Copyright-status research.
Ownership investigations.
Fair-use analysis.
Public-domain questions.
Creative Commons licenses.
Third-party content review.
Copyright licensing strategy.
Existing-license review.
Photography permissions.
Artwork licensing.
Written-content licenses.
Music clearance.
Video and audiovisual content.
Software licensing.
Website material.
User-generated content.
Content used in advertising.
AI workflows involving third-party material.
Where permission is required, Cohn Legal can assist with negotiating and drafting appropriate licenses.
For businesses producing content regularly, counsel can also help develop clearance procedures covering marketing, websites, social media, advertising, product packaging, publications, software, training materials, photography, music, and other recurring content.
The objective is to identify potential rights issues before publication or commercial launch and obtain the permissions necessary for the intended use.
Discuss a Copyright Permission Matter
Speak With a Copyright Attorney
FAQ
Third-Party Copyright Permission Frequently Asked Questions
Do I need permission to use someone else’s copyrighted work?
Possibly.
Permission may be required when the intended use falls within the copyright owner’s exclusive rights and no exception, statutory limitation, existing license, or public-domain status authorizes the use.
Can I use something because I found it on Google?
No.
Search engines can lead to copyrighted photographs, articles, illustrations, videos, and other content owned by third parties.
The copyright status and source should be investigated before reuse.
Can I use a photograph from someone else’s website?
Potentially, but public visibility does not itself authorize copying or commercial reuse.
Permission may need to come from the photographer, employer, agency, stock provider, or another party controlling the relevant rights.
Can I repost a photograph from Instagram or another social platform?
Possibly, depending on the circumstances.
The photograph can remain copyrighted even though it was publicly posted.
Platform terms, permission, and the intended reuse should be reviewed.
Does giving credit prevent copyright infringement?
No.
Attribution does not substitute for permission when authorization is otherwise required.
Can I write “no copyright infringement intended” and use the work?
No.
A disclaimer does not create a license or eliminate infringement liability.
Can I use copyrighted material if I am not making money?
Not automatically.
Noncommercial use can be relevant to fair-use analysis, but it does not automatically make a use fair.
Is educational use automatically fair use?
No.
Teaching and education can be relevant under Section 107, but the four statutory fair-use factors still must be evaluated.
How much copyrighted material can I use without permission?
There is no universal percentage or amount.
Fair use depends on the circumstances rather than a fixed number of words, pages, seconds, or percentage of the original work.
Is 30 seconds of music automatically fair use?
No.
There is no universal 30-second rule.
Can I use material that has no copyright notice?
Not necessarily.
Copyright notice is optional for many modern works.
The absence of a copyright symbol or notice does not mean a work is unprotected.
Can public-domain works be used commercially?
Generally, copyright permission is not required for material genuinely in the public domain.
Other legal rights may still affect the proposed commercial use.
What U.S. works are currently in the public domain?
As of 2026, works published in the United States before January 1, 1931 are generally in the public domain because their copyright terms have expired.
Individual works may require additional historical analysis.
Are all government images and documents free to use?
No.
Qualifying works of the U.S. federal government generally are not protected by federal copyright, but government websites can contain third-party copyrighted content.
State, local, foreign, and contractor-created materials may follow different rules.
Can I commercially use Creative Commons content?
It depends on the license.
Some Creative Commons licenses permit commercial use, while licenses containing NC, meaning NonCommercial, restrict it.
Do Creative Commons licenses require attribution?
The six primary Creative Commons licenses include the BY attribution condition.
The specific attribution and other license requirements should be followed.
Can I modify Creative Commons material?
It depends on the license.
Licenses containing ND, or NoDerivatives, restrict sharing modified versions.
Other licenses permit adaptations subject to their terms.
Who should I ask for copyright permission?
Permission should come from the current copyright owner or another party authorized to license the relevant rights.
The original creator may no longer control the copyright.
Does the U.S. Copyright Office grant permission to use copyrighted works?
No.
The Copyright Office does not issue licenses on behalf of copyright owners.
Does copyright permission need to be in writing?
A written license is generally preferable because it documents the scope of authorization.
If the arrangement constitutes a transfer of copyright ownership, including an exclusive license, federal law generally requires a signed writing.
What if the copyright owner never responds?
No response should not generally be treated as permission.
The user should determine whether another legal basis supports the use or consider selecting different material.
Can I use an orphan work if I cannot find the owner?
Not automatically.
Inability to locate the owner does not place the work in the public domain or create permission.
Do I need separate permission for a song and the recording?
Potentially, yes.
The musical composition and sound recording are separate copyrighted works and often have different rights holders.
Does buying a photograph or artwork give me the copyright?
No.
Ownership of a physical object or copy is separate from copyright ownership.
Can a copyright owner limit permission to one use?
Yes.
A copyright license can be limited by medium, purpose, territory, duration, distribution, exclusivity, or other terms.
Permission for one use should not automatically be assumed to authorize another.
Can I use a customer testimonial with their photograph?
Potentially, but several rights may be involved.
The business should consider copyright ownership of the photograph, permission from the person depicted, advertising and endorsement issues, and the scope of any release or license.
Can I use stock photography in advertising?
Potentially.
The stock license should be reviewed to confirm commercial advertising rights and any restrictions.
Separate publicity, trademark, property, or other rights may still need consideration.
Can I use a screenshot from another website?
Potentially, depending on what appears in the screenshot and the intended use.
A screenshot can reproduce copyrighted text, photographs, graphics, software interfaces, or other content.
Fair use or another legal basis may need to be evaluated.
Can a copyright license be worldwide?
Yes.
A license can grant worldwide rights if the licensor controls the relevant rights and the agreement states the intended territory.
Can a license be limited to social media?
Yes.
Copyright permissions can be limited by platform, medium, campaign, duration, or other agreed terms.
Does permission to post online include print advertising?
Not necessarily.
The license should be reviewed for the precise media and uses authorized.
Use Third-Party Content With Clear Rights
Third-party photographs, music, videos, artwork, written materials, software, and online content can create substantial value for a business.
But the right to access content is not necessarily the right to reuse it.
A thoughtful clearance process identifies the work, its ownership, the proposed use, applicable copyright rights, potential exceptions, and any additional publicity, trademark, or contractual rights before the content is published or commercialized.
Cohn Legal assists businesses and creators with copyright permissions, content clearance, licensing, fair-use analysis, public-domain questions, ownership investigations, and agreements for the lawful use of third-party creative works.
