copyright clearance

A copyright clearance is a term used in industry and business for a license to use a copyright work for specific purposes. Clearances should ordinarily be obtained in the widest possible terms to avoid allegations and disputes as to infringement of rights. Where wide use rights cannot be obtained, it is essential to obtain rights for the specific intended uses; otherwise the use will not be with the permission of the copyright owner and infringe their rights, leading to a claim for further licence fees or damages.

Ideally the licensee will be able to minimise upfront payments, and link further payments to specific uses if better terms cannot be negotiated. The clearance might relate to any sort of work, from a reproduction of a book, broadcast of a film to reusing content from a website.

Clearances should consider the medium within which reproduction of the work is to take place. Will it be broadcast, transmitted electronically digitised from an analogue form, and the costs associated with the different variety of use rights. Copyright licences (which is what clearances amount to) may be structured in a diverse variety of ways to meet commercial needs for use rights.

Other matters to consider are whether the work should be credited, and if so how it should be credited and displayed, and whether moral rights will apply or be waived, whether editorial discretion may be exercised and/or whether any rights are expressly reserved.

Usage: The media agency obtained a copyright clearance to use the photograph in a public relations exercise.

Related Words: originality; fair dealing; intellectual property rights; copyright; first owner of copyright; exclusive licence; bare licence; contract.