Copyright

Copyright Information

Copyright protection is established as soon as your research is fixed in a tangible form that can be reproduced. When utilizing the work of others, it is essential to consider whether authorization is required, and, if so, to seek the appropriate permissions.

CC BY-NC 4.0 Attribution-NonCommercial 4.0 International

https://creativecommons.org/licenses/by-nc/4.0/

Intellectual Property

Intellectual property refers to the legal framework that safeguards intangible creations of the human intellect and innovation. These protections confer "economic" rights over such creations.

Copyright Law

Copyright law provides the legal basis for the use and regulation of various creative works, including literary, artistic, dramatic, musical, cinematographic, broadcast, and published materials. Copyright grants the owner exclusive rights to reproduce, publish (in print or digital formats), perform publicly, communicate to the public, and adapt or modify their work.

As a copyright holder, you can assign some or all of these rights to users or third parties. Copyright generally lasts for 70 years after the death of the creator or 70 years from the date of the work's first publication.

Fair Dealing for Research & Study

When drafting your thesis or conducting research, fair dealing provisions allow for the use of copyrighted works for personal research and study. However, these exemptions do not extend to works intended for publication, conference presentations, or online distribution. Once your thesis is published, permission is typically required unless the work used is an "insubstantial portion," such as a brief quotation.

In most cases, fair dealing permits the reproduction of up to 10% or one chapter (whichever is more) of literary, dramatic, or musical works. For journal articles, fair dealing allows one article per journal issue or two if they pertain to the same research.

Considerations for fair dealing include the availability of the work, the amount of material used, the purpose for reproduction, the effect on the work's commercial value, and the impact on the copyright holder's rights.

Fair dealing also covers critique, review, parody, or satire, as long as the use is deemed "fair and reasonable." There are no absolute limits on the quantity of copied work, but fairness must guide usage.

Ownership & Permission

In cases where work is created during employment—such as by a university faculty member—copyright ownership typically belongs to the employer (i.e., the university). Otherwise, copyright ownership generally rests with the creator unless a contract assigns these rights to another party, such as a publisher. Authors may also grant exclusive or non-exclusive rights to others.

When preparing a thesis or research article, it is crucial to determine if permission is required to use third-party materials. Researchers and students should carefully review the terms of any publishing agreement before publication, potentially seeking legal advice to ensure rights for future access and use, such as for review or editing.

Authorship & Employment

Under common law, an employer generally owns the copyright of works created by employees during the course of their employment, unless otherwise agreed. This includes work produced during leave or using employer-provided resources. Such works are classified as "works made for hire." In cases of uncertainty, it is advisable to consult the institution’s Copyright Officer.

Utilizing Copyrighted Material

When incorporating third-party materials into theses or publications, it is important to assess whether those materials are still under copyright or if they are "out of copyright" or "copyright-free." These can include works covered by Creative Commons licenses or Open Access materials.

An "insubstantial portion" of a work, such as a short excerpt or a brief media clip, may be used without permission, provided proper attribution is given. The distinction of what qualifies as "insubstantial" depends on both the quality and quantity of the material, and in some cases, even short excerpts may require permission.

Internet & Social Media

When using materials found online (including images), it is essential to verify the terms of use and copyright policies. Not all content on the internet is freely available for reuse. Linking to online content is generally preferable to copying it. For third-party materials such as YouTube videos, check for an "embed" option, which may indicate an implied license for use.

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