You need to seek permission from the copyright owner to reproduce material where you wish to use more of the material than is allowed under a provision in the Copyright Act or licence from the copyright owner. Read more about when permission is not required here.
Only the copyright owner can give permission for their works to be reproduced, published, performed, communicated, broadcast or adapted. Read more about ownership of copyright here.
There is no requirement to register copyright ownership in Australia and therefore, no central database to access to locate copyright ownership. The ease with which a copyright owner can be identified will depend on several factors including the age, type of material and the identity of the author. We have listed some suggested methods for locating a copyright owner here.
It is also recommended that permission is received in writing. All records of your correspondence must be kept.
When obtaining permission from the copyright owner, it is important to be specific about your purpose. The permission letter should include:
A refusal to grant permission or a failure to reply to a permission request does not give the person requesting permission a valid reason for using the material. In this situation any reproduction, communication, or performance that takes place without the permission of the copyright owner is likely to infringe copyright.
Copyright owners have the right to request a fee in return for giving permission for their material to be used. Fees will vary depending on the material involved, the intended use and the copyright owner's discretion. Fees may vary from a flat fee to a fee structure or percentage based on number of uses etc. Depending on the intended purpose, e.g. non-commercial or non-profit, and/or the material in question, some copyright owners may allow their material to be used free of charge. However, this will depend entirely on the copyright owner.