6 Seeking third-party content permissions
Western Sydney University authors
Ask the Copyright Officer to seek permission on your behalf to re-use third-party content and for further advice on copyright and Creative Commons licensing.
What is third-party content?
Third-party content is created by someone else, a third party, and as such, you do not have the right to licence the content. You may not have the rights for any number of reasons. For example, the content is protected by a trademark, owned by someone else, or licensed under another licence (even if it is the same Creative Commons licence that you applied for).
For all third-party content, you must prominently mark or indicate in a notice that this content is excluded from the Creative Commons licence. Take a look at the examples included on the Smartcopy site.
Where to find user permissions
To help you determine the user permissions of the resources that you find online:
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Look carefully at the resource you want to use and any information surrounding it to identify licensing information.
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Review the “about” and “terms of use” pages of the resource’s website for permissions and licensing information.
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If you cannot find a symbol or statement of the licence or the permissions for use, the copyright owner probably retains all their exclusive rights.
Seeking permission
Use the guidelines below to identify whether you need to seek permission from the copyright holder when repurposing existing materials as OER.
Table 6.1
When to Seek Permission to Use Copyrighted Material
| Category | You DO NOT Need to Ask Permission If: | You DO Need to Ask Permission If: | You Should CONSIDER Asking Permission If: |
| Copyright status | The resource is in the public domain. However, public domain resources may include copyrighted materials, so always check the terms of use and the resource itself carefully. | You wish to use a resource that is protected by copyright, and your intended use would infringe copyright law. | You are uncertain whether the work is protected by copyright. |
| Copyright exceptions | Your intended use falls within a copyright exception or limitation (for example, fair dealing). | Your use goes beyond what is permitted under a copyright exception. | You are uncertain whether your intended use qualifies under a copyright exception. |
| Existing licence or permission | Your use complies with the terms of a copyright licence that applies to you, or you already have written permission to use the resource. | You wish to use a resource in a way that exceeds the scope of the permission granted under the relevant licence. | You are uncertain whether a copyright licence permits your intended use. |
Credit: Text is a derivative of Permissions Guide for Educators by ISKME licensed under CC BY 4.0
