Hell is Clearing Permissions: Looking for Lifelines and Deliverance [5,000th post since this blog started in 2008]; IP, AI & OM, March 8, 2025

Kip Currier, IP, AI & OM; Hell is Clearing Permissions: Looking for Lifelines and Deliverance [5,000th post since this blog started in 2008]: 

Hell is Clearing Permissions: Looking for Lifelines and Deliverance

French Existentialist Jean-Paul Sartre famously opined "L'enfer, c'est les autres (Hell is other people). This post won't be weighing in on the nuances of that declaration by a character in his 1944 play Huit Clos (No Exit) -- although candidates who could easily qualify as diabolic "other people" may spring to mind for you too.

However, thinking about an array of challenging experiences I've had while working on clearing permissions for the use of images and textual material in my forthcoming textbook, Ethics, Information, and Technology, I thought of Sartre's grim observation, with a twist: Hell is clearing permissions.

I've been teaching a Copyright and Fair Use course since 2009, which expanded into an IP and Open Movements around 2015, so I'm neither new to copyright law and fair use issues nor unfamiliar with clearing permissions to use images. Graduate students in the course read Kembrew McLeod's Freedom of Expression and Pat Aufderheide and Peter Jaszi's Reclaiming Fair Use: How To Put Balance Back In Copyright, both of which deal with "permissions culture". I also have my students get familiar with permissions issues via a free comic book, Bound By Law?, composed by Duke Law School's Center for the Study of the Public Domain. The "Bound By Law?" authors, Keith Aoki, James Boyle, and Jennifer Jenkins, chronicle real-life travails faced by creators lawfully trying to exercise fair use while creating new works and balancing licensing costs. One of my favorite examples in the book is the documentary film makers who happen to capture images from an episode of The Simpsons displayed on a TV set while filming what goes on in the backstage lives of stagehands working on The Wagner Ring Cycle opera.

Yet, despite fairly significant copyright and fair use knowledge, as well as frequently participating in copyright webinars and trainings, this is the first time I've worked on clearing permissions for a book of my own. The experiences have been eye-opening to say the least. Two insights and "needs" continue to jump out at me: 

• (1) the need for more responsive, user-friendly, and expedient ways to clear permissions, and 
• (2) the need for more accessible and readily understandable information sources to aid authors in the do's and don'ts of clearing permissions.

I do need to acknowledge the many contributions that copyright and fair use scholars Pat Aufderheide and Peter Jaszi, mentioned above, have made in bringing together collaborative groups that have created "Best Practices" primers for a number of areas, such as their 2012 Code of Best Practices in Fair Use for Academic and Research Libraries.

Much more can be done, though, to help newer authors and creators, as well as seasoned pros, to navigate hurdles and potential pitfalls of securing permission to use images. Information professionals -- librarians and other staff within libraries, archives, and museums, for example -- are well-equipped and positioned to use their unique skill sets to help creators to successfully maneuver through clearing permissions-related "obstacle courses".

In future posts, I'll share insights, lessons learned, and tips on mitigating "hellish" experiences and moving from uncertain "limbo" to more clarity on image permissions.

A farewell to copyright protection for Hemingway, Hammett — and Popeye; Marketplace, December 25, 2024

 Matt Levin, Marketplace; A farewell to copyright protection for Hemingway, Hammett — and Popeye

"Let’s say you’re a hip-hop artist and for whatever reason, you want to spit bars over a sample of the jazz standard “Everybody Loves My Baby” with Louis Armstrong on cornet.

In 2024, that’s a hassle. “You’ve got to clear the sound recording copyright, and that is easier said than done,” explained Jennifer Jenkins, a professor at Duke Law School. “You have to figure out who owns it. You’ve got to find them. You’ve got to get them to respond to you, and you’ve got to negotiate a deal.”

But once the ball drops at midnight Jan. 1, you can remix that Satchmo recording to your heart’s content, no contracts required."

British Museum Removes Writer’s Translations of Chinese Poetry After Being Accused of Copyright Infringement; ArtNews, June 21, 2023

Karen K. Ho,  ArtNews; British Museum Removes Writer’s Translations of Chinese Poetry After Being Accused of Copyright Infringement

"The British Museum has removed translations of poetry by a Chinese revolutionary from one of its exhibitions after a translator alleged that her work was used without permission or payment. 

Vancouver-based editor, poet, and translator Yilin Wang said she did not receive any credit or reimbursement for their translations when they appeared in “China’s Hidden Century,” which opened on May 18 and includes translations of poetry by Qiu Jin, a feminist and revolutionary that the New York Times dubbed “China’s Joan of Arc.”...

On June 21, the British Museum’s spokesperson sent ARTnews a statement that said, “Recently we realised that permissions and acknowledgement for a translation by Yilin Wang had been inadvertently omitted from our exhibition China’s hidden century. This was an unintentional human error for which the Museum has apologised to Yilin Wang.”

The statement confirmed that the museum listened to Wang’s request to take down their translations in the exhibition. “We have also offered financial payment for the period the translations appeared in the exhibition as well as for the continued use of quotations from their translations in the exhibition catalogue. The catalogue includes an acknowledgement of their work. We continue to be in discussion with Yilin Wang.”

The museum’s statement also called the criticism its staff has recently received on social media “unacceptable,” noting, “It is through their scholarship and efforts, and those of their collaborators, that we have been able to present this period of Chinese history, through people-centred stories, to the thousands visiting the China’s hidden century temporary exhibition at the British Museum. We stand behind our colleagues fully and request those responsible for these personal attacks to desist as we work with Yilin Wang to resolve the issues they have raised concerning the use of their translations within the exhibition.”"

The Key to the Sharp Objects Mystery Is in the Music; Esquire, August 12, 2018

Matt Miller, Esquire; The Key to the Sharp Objects Mystery Is in the Music

[Kip Currier: HBO's 8-episode "Sharp Objects" is a thought-stirring, unflinching exhumation on the roles of "memory" and "place" in people's lives, as witnessed via the POV of childhood trauma survivor-cum-journalist Amy Adams' tragi-heroine. Music plays an inseparable role in the show's haunting story-telling and this Esquire article sheds fascinating light on the creative, collaborative spirit between director Jean-Marc Vallée and rock music icon band Led Zeppelin, whose songs stand out memorably in some key episodes.]

"Miraculously, [Led Zeppelin] liked the idea so much they approved not one but four songs; they also gave Vallée free reign to play as much of the tracks as he wanted and even layer them over each other to make his own atmosphere. “I think I fell on the floor,” Jacobs says of when she got the call, hearing that the songs had been approved. “Like, wow, this was so unprecedented, because they rarely ever let you use more than one song, and [we could] use the songs multiple times.”

The difference with Sharp Objects was Vallée’s approach to his soundtracks, which isn’t music as background music, but rather an integral part of the story and characterization."

A Presentation on Legal Issues for Podcasters - Who Owns What?; Lexology, August 3, 2018

Wilkinson Barker Knauer LLP - David Oxenford,

Lexology; A Presentation on Legal Issues for Podcasters - Who Owns What?

"Last week, I spoke at Podcast Movement 2018 – a large conference of podcasters held in Philadelphia. My presentation, Legal Issues In Podcasting – What Broadcasters Need to Know, was part of the Broadcasters Meet Podcasters Track. The slides from my presentation are available here. In the presentation, I discussed copyright issues, including some of the music rights issues discussed in my articles here and here, making clear that broadcaster’s current music licenses from ASCAP, BMI, SESAC and even SoundExchange don’t provide them the rights to use music in podcasts. Instead, those rights need to be cleared directly with the holders of the copyrights in both the underlying musical compositions as well as in any sound recording of the song used in the podcast."
 

The Real Deal: Using Found Content ; Lexology, August 1, 2018

Frankfurt Kurnit Klein & Selz PC - Terri Seligman, Lexology; The Real Deal: Using Found Content

[Kip Currier: Informative article with tips on deciding how and when to use images found on the Net.

In my IP course I've shared the "teachable moment" story of a savvy business friend who was getting a start-up up and running about a decade ago and asked me "if it's OK to just scrape images from the Internet to use on the company's website?" You can anticipate my response, which always elicits a knowing laugh from the students--and reinforces the importance of considering potential copyright and risk management issues.]

"As reported by MediaPost, replacing the use of stock images with crowdsourced photos from real people is gaining popularity with major brands. The attraction is obvious: photos from real consumers can be more "authentic, local and real" than stock imagery.

But it's important to keep some rules of the road in mind to avoid the potential of liability for use of found content."