eTheses and copyright

Clare Scott, Copyright Officer

© No known copyright restrictions Miami University Libraries. .

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CHAPTERS

• Ch.1 eThesis submission

• Ch.2 Copyright basics

• Ch.3 Third Party Copyright

• Ch.4 Getting Permission

• Ch.5 Embargoes

• Ch.6 Scenarios

CHAPTER 1 - SUBMISSION

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© No known copyright restrictions George Eastman House.

eThesis submission

• 3 print copies of thesis required at submission

• Students will upload the “final, examined and awarded” version of their eThesis to White Rose eTheses Online http://etheses.whiterose.ac.uk/

• Links will be made to the new national UK electronic thesis service EThOS http://ethos.bl.uk

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© No known copyright restrictions George Eastman House.

CHAPTER 2 - COPYRIGHT BASICS

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© No known copyright restrictions. National Media Museum

What is copyright?• A legal property right. There is

no need to register copyright.• Copyright Designs and Patents

Act 1988• Materials subject to copyright

• Literary, dramatic, musical works

• Artistic works• Sound recordings, films,

broadcasts• Typographical arrangement

• The Copyright Regulations 2003 (European Directive)

• New Exceptions – June & October 2014

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VIDEOS - ©LARE DOES ©OPYRIGHThttps://itunes.apple.com/gb/itunes-u/clare-does-copyright/id895395998?mt=10

Who owns copyright?

• Primary author of the work

• Can be jointly owned – joint authors

• Property right = can be bought, licensed, sold or left as a legacy

• An exception is work carried out in the course of your employment: copyright belongs to your employer

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© No known copyright restrictions. National Media Museum

How long does copyright last?TYPE OF MATERIAL DURATION OF

COPYRIGHTLiterary & artistic works 70 yrs from death of author 

If several authors 70 years following death of last surviving author

Dramatic and musical works 70 years from publication – if no named author

Sound recordings 70 yrs from recording & performance rights (from November 2013)

Films 70 years from last to die of: director, producer, author of screenplay, composer of soundtrack

Broadcasts 50 yrs from date of broadcast

Typographical layout 25 years from publication

Crown copyright 125 yrs from publication but subject to a waiver

Unpublished works made before 1 August 1989

Copyright expires on 31 December 2039

CHAPTER 3 – THIRD PARTY COPYRIGHT

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© No known copyright restrictions.Miami University Libraries

Third Party Copyright and eTheses

• When you are making your thesis available online you will need to seek permission if you are using substantial extracts or material owned by another person (third party).

• Good academic practice to acquire permission for use of third party material in anticipation of future publication

• If something is out of copyright you may be able to use it (previous three slides should help you decide)

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© No Known copyright restrictions. SDASM Archive

What is Third Party Copyright?

• Lengthy quotations/extracts from books & journals

• Illustrations such as images, maps, graphs, photographs, tables or models

• Music scores

• Sound recordings

• Published articles included in appendices

• Film

• Unpublished material e.g. manuscripts

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© . No known copyright restrictions.Miami University Libraries

FAIR DEALING = A defence!!!!

Permitted acts – allows limited copying without permission provided it is ‘fair’ – A “defence”….Quotation of publicly available works (unpublished material excluded)A JUDGEMENT CALL .......

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© No known copyright restrictions. Library of Congress.

Wilkie Collins – inventor of the sensation novel (usually serialised)

What about using short quotations then...................?

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“Make ‘em cry, make ‘em laugh, make ‘em wait...”

© Public domain

Short Quotations

• If third party material is a short quotation from a published work, acknowledged and referenced correctly, this may be included

• If in doubt ask yourself whether you would consider your rights had been infringed if someone else used a similar quotation from your work

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© Public domain

“..make ‘em wait...”

Unpublished Material• Manuscripts,

photographs, accounts, minutes etc.

• If author dead more than 50 years and work over 100 years old it is probably out of copyright.

• Most unpublished works will still be in copyright until 2039, including photographs

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© No known copyright restrictions. The National Archive.

Referencing & Plagiarism• It is important to acknowledge your

sources correctly

• It is also important to reference correctly to avoid accusations of plagiarism

• Advice from the Library on referencing styles available via the Information Skills Resource in

• http://www.librarydevelopment.group.shef.ac.uk/

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CHAPTER 4 - GETTING PERMISSION

© No known copyright restrictions.

Miami University Libraries.

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Getting Permission 1• If the material used is more than 70 years old

then it may not be necessary to apply for permission

• If your extract is short you may not need permission

• Identify rightsholders – start with publishers• This can be difficult if they have died and you

cannot contact the Estate/relatives – Orphan Works

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Getting Permission 2

• Contact information – Try the Publisher first.

• Precise details of material usage, e.g. the page numbers or figure numbers

• Details of how/where the requested material will be used and that it will be included in a repository and published on the internet

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© No known copyright restrictions. SDASM Archives.

If permission is granted...

• Contact information – written permission is needed (you could use email)

• Keep letter so you can prove you have permission to use material

• Follow any wording for an acknowledgement from the rightsholder or publisher

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© No known copyright restrictions. SDASM Archives

If permission is not granted...• Some rights holders

may request payment for copyright permissions or you may not be able to trace a rights holder

• Consider embargo or editing [dealt with later…]

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© No known copyright restrictions. Florida Memory State Library.

CHAPTER 5 - EMBARGOES

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© No known copyright restrictions. US National Archives

EmbargoesMain reasons apply as they always have done:• Commercial sensitivity• Patent application pending• Political sensitivity/issues of national security• Privacy of individual• Prior publication

• Where clearance for all third party copyright material is NOT obtained

• N.B. eThesis must still be uploaded

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© No known copyright restrictions. US National Archives

Print v. Electronic Embargoes

• There will be times when the eThesis is embargoed – e.g. third party copyright – but the pThesis is not

• Metadata for the thesis would be available on the server and give rise to requests for borrowing

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© No known copyright restrictions. New York Public Library.

Alternatives to Embargo• Edit the eThesis to remove material for

which clearance not obtained• fully, replacing with reference• partially, to fall within fair dealing provisions,

also providing reference• Print thesis is final, examined and

awarded version & must NOT be edited

• Follow the submission advice from R&IS and attach the Access to Thesis form

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Useful Links & Further Information

• Copyright Hub www.shef.ac.uk/copyright

• Third party copyright advice for etheses

• Copyright and publishing advice http://www.shef.ac.uk/library/services/copypub

• Research data management advice

http://www.sheffield.ac.uk/library/rdm/index

• Code of Practice for Research Degrees

• PGR Portal

• For specific queries please email copyright@sheffield.ac.uk

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© No known copyright restrictions. Australian National Maritime Museum. William Hall Collection.

CHAPTER 6 - SCENARIOS

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© No known copyright restrictions Miami University Libraries.

Faculty of Arts scenarios

• Using extracts from several Ted Hughes poems throughout a thesis

• Photographs (not taken by the author of the thesis) or copies/scans of artwork from galleries or exhibition catalogues

• Photograph of a publicly displayed artwork e.g. Angel of the North taken by the author

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Faculty of Engineering scenarios

• Using a British Standard

• Copying Patent specifications

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Faculty of Medicine scenarios• Using a diagram or model from a

book

• Reproducing a statistical table produced by the World Health Organisation

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Faculty of Science scenarios

• Using chemical structures or spectroscopic data found from a chemical database

• Reproducing photographs of experimental equipment taken from a research group’s webpage

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Faculty of Social Science scenarios• Using an illustration or photograph

from a book

• Using statistics from the UK Statistics Authority site

• Using an extract from an Ordnance Survey map

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