Can I use a work without the author's permission?
Answer
Regardless of the copyright owner's response, you can still use the work if your use comports with the fair use doctrine.
According to the Law of the Republic of Kazakhstan dated 10 June, 1996 No 6. “On Copyright and the Related Rights” makes it legally permissible for you to use with a proper citation a copyrighted work without permission for purposes such as commentary, criticism, parody, news reporting, and scholarly works. Whether or not your use is lawful usually depends upon how much (short extracts are ok) different or "transformative" your use is from the original. Unfortunately, there is no clear formula to determine the boundaries of fair use. For additional information you may visit NU LibGuide about copyright and fair use.
Another option is to find other work altogether. If you choose this route, you may wish to consider using works not covered by copyright or works that are covered by open content licenses, such as a Creative Commons license, so that you do not need to get explicit permission to use them. The following sites contain works covered by open content licenses:
- CC Mixter hosts a collection of music covered by the Creative Commons license. You can download and sample, remix and then share the results with "anyone, anywhere, anytime".
- Flickr allows its users to offer their work under a Creative Commons license. You can browse or search through the Flickr photographs under each type of license.
- Open Photo has a variety of stock photos that are licensed for free commercial and non-commercial use.
- Open Access Button is a browser bookmarklet which registers when people hit a paywall to an academic article and cannot access.
- Pexels collects photos that can be used for free.