Permissions Myths

PLS Rights Management Group, Permissions Subgroup

The PLS Rights Management Group has compiled a list of common myths and misconceptions about clearing permission to reuse content to help bust these myths once and for all. 

Note that this article doesn't constitute legal advice. You can find further information about copyright in our Copyright FAQs. 

“If it’s on the internet it’s free to use”

Just because it’s widely accessible to view for free on the internet does not remove copyright protection for that text/image/illustration.  To republish copyrighted material, you must have the permission of, or a license from, the copyright holder. Bear in mind that the person who uploaded the material online might not be the copyright holder. Take a little time to research the original source and make sure you know where it came from originally.

“The magazine page layout is only covered by copyright for 25 years”

While the design of the layout may only be copyright protected for 25 years, the contents of the page itself are subject to different durations of copyright.  For example, the text and images will be subject to one duration of copyright. 

“As long as I stick to less than X words, I can copy without permission”

The text is still subject to copyright regardless of how many words you copy. In particular, it is helpful to ask yourself whether the extract represents the author’s own intellectual creation. If it does, then you are more likely to need permission. However, copyright does not protect ideas themselves, but the expression of those ideas.

“But I bought this picture of the Mona Lisa from the Louvre gift shop”

While the actual painting of the Mona Lisa is out of copyright, a photograph of the Mona Lisa may still be subject to copyright.  This is because the photographer who took that particular photo will still retain copyright of the photograph of the painting.  One image can have layers of copyright so it’s important to be aware of those layers before reusing.

“As long as I say I don’t own the image(s), I can repost/reuse”

Admitting you don’t own the copyright to the image, does not mean you don’t need to seek permission.  Before reposting/reusing copyrighted content, you must seek permission from the copyright holder. 

“I took a screenshot so it’s ok to use”

Taking a screenshot does not bypass copyright.  Regardless of how you got the image, there is still copyright and permission to reuse it must be sought from the copyright holder unless you are confident you can rely on a copyright exception such as (

“Fair use applies anywhere in the world, which means anything fair is OK”

Fair Use is part of US law but does not apply worldwide! In the UK we have Fair Dealing which only applies for specific purposes, for example for criticism or review. This means you may be able to use third-party material without permission in the UK if you are using that material directly for criticism or review within your text. However, it is important to remember that relying on copyright exceptions carries some level of risk depending on your particular circumstances. Publishers will often have their own guidelines about the risks they do or don’t feel comfortable accepting in different types of publication.

“I know it’s public domain because I found it online.”

A great deal of the material you can view freely online is still protected by copyright and you will need permission in order to reuse it. In copyright, ‘public domain’ does not refer to whether the public can access the material. Instead, it means that the material is not protected by copyright. Certain materials will be in the public domain but only in certain circumstances: for example, if protection has expired or if it was never protected by copyright, such

“If the rights holder doesn’t reply, I can go ahead because it’s an orphan work.”

You cannot assume permission simply because the rights holder hasn’t yet replied. Sometimes it takes time, or they may need to check with someone else or even pass you on to a different rights holder altogether. Try asking again if you haven’t heard after a reasonable period of time.  It is important to note that it is not an orphan work if you know (or think you know) who holds the rights. It can only be an orphan work if, after research, it is impossible to identify the rights holder, but this does not apply if they simply fail to reply to your request. An orphan works licence is available from the not be appropriate in all circumstances.

“I asked the photographer/author and they said it was fine.”

In instances where a photographer or writer has been asked to create work for a third party, you must ensure that you’re asking the copyright holder for permission.  Sometimes, the publication where the work was featured actually if the photographer has assigned copyright to the publication) or holds an exclusive licence (if the photographer has granted them exclusive rights).  Both the photographer/author and the publisher will have this documentation if you need to confirm who owns the rights to the material.

“I am the author of this chapter/article so I can use it however I want.”

It will depend on your agreement with your publisher, so you will need to check your author/publisher contract (for books) or Licence to Publish (for journal articles). Usually, publishers do include a range of ways in which you can use your material freely, but some types of use might conflict with rights that the publisher is already licensing. If you are not sure, contact your publisher and they will confirm what you can or cannot do without needing to refer to them.

“I am not going to make money out of this content/image, so I do not need any permissions.”

Copyright protection still applies even if you do not intend to make money from using the content. There are certain situations where you might not need permission thanks to a copyright exception (see the IPO's page on copyright exceptions here) but you do need to check. You might also not need permission if a work is covered by certain Creative Commons licences or if the work is out of copyright. If none of the exceptions apply, you will need to request permission whether or not you expect to make money from using the content.