If you want to use the work of someone else, you may need to get permission to do so without accidentally infringing on someone’s intellectual property.  

Firstly, you have to determine whether you need to get permission. If the work is protected under copyright, your unauthorized use may still be legal if it falls under “fair use.”  Fair use permits you to copy small portions of a work for certain purposes such as scholarship or commentary. Fair use is a complex legal doctrine, and you should rarely assume your unauthorized use definitively falls under this exception.

Secondly, after determining that you need permission, you should identify the owner of the work.  Keep in mind that there can be multiple owners of a single work. Thirdly, you must identify the rights you need. Each copyright owner controls a bundle of rights related to the work, including the right to reproduce, distribute, and modify the work. Therefore, you should identify the specific rights you need in order to effectively use their work. This can be as simple as stating your intended use—for example, you want to reproduce a photograph in your magazine or display a cartoon in your PowerPoint presentation.

Be prepared to negotiate whether payment is required. Sometimes, the owner of the work will not require payment if the amount you wish to use is small, or if the owner wishes to contribute to an educational or nonprofit effort. In some cases, an artist or musician eager for exposure may agree to suspend payment unless the work becomes profitable, or may condition payment on other factors. However, you should usually expect to pay something—even a minimal fee—for copyright permission. Also, be prepared to get it in writing. Written permission agreements are the most reliable way to reflect your permission.