Letter Requesting Permission to Use Intellectual Property

A Letter Requesting Permission to Use Intellectual Property is used to seek the use of some kind of creative work that is owned by somebody else. Sometimes, when others create intellectual property, it's possible to use that intellectual property, either for some kind of fee or under the terms of an agreement. The first step in being able to use that intellectual property work, however, is to ask the person that created it or currently owns it for permission. In many cases the owner of the work is happy to share it. Often, a letter is better than a phone call because it provides a written record of the request.

The work could be any number of things. Some examples include books, films, paintings, brochures, speeches, articles, or any other type of creative work.

How to use this document

Use this document in order to obtain legal permission to use a work of intellectual property. The person sending the letter may wish to attach a photograph of the work that the request relates to, but it's not necessary. This letter contains everything required to allow an intellectual property owner to make a decision about the matter.

In this letter, it is possible to enter a description of the intellectual property to be used, as well as a robust description of the purpose for which it will be used. The letter allows the sender to request a written response to the inquiry.

Once the letter has been prepared, simply post it or deliver it to the owner of the work.

Applicable law

There are no laws outlining what must be put into an Intellectual Property Permission Letter. It is a best practice, however, to give the intellectual property rights owner as much as information as possible about why the rights to the work are being sought.

However, intellectual property in general is affected by a number of different laws in Australia. The Copyright Act 1968 (Commonwealth), and the Copyright Regulations 1969 (Commonwealth) may be relevant to the types of intellectual property with which this letter deals. Other significant intellectual property laws are also contained in the Patents Act 1990 (Commonwealth), Trade Marks Act 1995 (Commonwealth), Designs Act 2003 (Commonwealth), Plant Breeder's Rights Act 1994 (Commonwealth), and the Competition and Consumer Act 2010 (Commonwealth).

In addition, if the intellectual property in question is affected by laws of another jurisdiction (for example, if the intellectual property was created, or the person who owns the intellectual property is located, in another country) then the laws of that jurisdiction may also need to be considered.

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