I am presenting at a conference. Do I need to worry about copyright?
Yes. Copyright guidance concerning the incorporation of other people’s work into your research still applies. You should ensure you have permission to use any third party materials if they are in copyright. Many conference presentations are recorded and shared online making any breaches of copyright a higher risk. However, you may be able to use extracts of works under fair dealing exceptions.
Can I use text and data mining for my research at the University?
Yes, UK copyright law allows researchers to make copies of works ‘for text and data analysis’. This means that where a user has lawful access to a work (eg an e-journal or database subscription) they can make a copy of it for the purpose of carrying out a computational analysis of anything recorded in the work.
The exception only applies under the following conditions:
- the analysis must be for the purpose of non-commercial research
- the copy is accompanied by sufficient acknowledgment (unless this is practically impossible)
Copyright is infringed if the copy made is transferred to another person, or it is used for purposes different than those permitted by law (although the researcher could ask the owner for permission to do either of these things). Also, copies made for text and data analysis cannot be sold or let for hire.
Importantly, the law cannot be overridden by contract. Contractual terms which set out to restrict or prevent the doing of the acts permitted under law are unenforceable.
In order to be make my thesis open access will I be required to obtain permission from the copyright owners of any third party materials included within my thesis?
Yes. Whilst you will own the copyright of the thesis itself, you will not own the copyright of any third party materials used within it. Therefore, unless such material is out of copyright or covered by a copyright exception, you will need to obtain permission from the copyright owners in order to use third party content within your thesis. Alternatively, you can publish a redacted version of your thesis if the third party material is not covered by a copyright exception or you are unable to obtain permission.
How should I go about getting permission from a rights holder to use their material?
My thesis contains third-party copyright materials and I can't get permission from the copyright holder. Can I still make my thesis Open Access?
No, you will be unable to make this version of your thesis freely and openly available through the institutional repository. You will need to request an exception to the University’s policy during examination submission.
What if somebody makes a copyright complaint against a University of Cumbria eThesis?
eTheses are available via the University’s institutional repository, Insight. The Insight team has a well-defined takedown process to protect individuals and the University from legal proceedings if any item of work attracts a complaint from a third party. Please contact firstname.lastname@example.org if you have any concerns.
Can I photocopy an entire print thesis?
No. Only a portion of a print thesis may be copied by a Library user for research and private study. 5% is often recommended as a guideline.
What rights do I have to use my journal article after publication?
This depends on the contract you signed with the publisher, as this sets out which rights you signed-over to them, and which rights you retained.
If you are unsure, contact the publisher directly for clarification. You can also read the current agreement displayed on the publisher's website regarding publishing and ownership, and assume you retained the same permissions. A copy of the copyright agreement form is often available in the ‘for authors' section of the publisher's website.
Can I give my work a Creative Commons Licence?
If you retain the copyright, you can license your work using any of the Creative Commons Licences available.
If your work contains any third party copyright material, you must ensure you have the copyright holder's permission to make their work available under a Creative Commons licence unless an exception to copyright applies.
The Creative Commons website provides detailed information regarding the various licences available. The site also provides a licence selector tool to assist you in choosing the most applicable licence.
Can I upload and share my articles online using websites such as ResearchGate and Academia.edu?
Possibly, though we usually advise caution, as the self-archiving policies of some publishers do not allow sharing of work on for-profit or commercial repositories, which both these websites are. We also recommend checking the version of the work that publishers permit sharing, if they allow sharing via these platforms – it’s more likely to be the Author Accepted Manuscript (AAM) that can be shared, rather than the final publisher’s version. The AAM is the version of the paper at the point of acceptance, following peer-review, but not yet formatted for publication. Please contact email@example.com with the details of the paper/s you’d like to share and they will check the publisher’s self-archiving policies on your behalf.
Please contact firstname.lastname@example.org with any copyright queries.