Research Week: Research Week: Copyright, Commercialisation and IP Copyright, Commercialisation and IP

opyright for postgraduate students and researchers

Research Week: Research Week: CopyrightCopyright for postgraduate students and researchers

Knowing your rightsand responsibilities

www.lib.uts.edu.au/about-us/policies-guidelines/copyright-and-uts

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• Copyright material is protected by law: it allows rights and protection to owners of copyright material

• Copyright law also permits people to use limited amounts of copyright material for specific purposes (eg, research, study, criticism)

• In many cases, UTS staff, students and researchers can copy or communicate certain copyright material free of royalty charges

Copyright at UTS : Copyright basics 101

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Copyright at UTS : Copyright basics 102

• Fair Dealing provision allows any student or researcher to copy a ‘reasonable portion’ of copyright material (see Fact Sheet)

• Onus on the student or researcher to use appropriate amount

• Must acknowledge the author and source

• Fair Dealing is permitted for specific purposes (eg research, criticism), but not for commercial purposes (such as publishing your work)

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UTS IP Policy & Copyright

• UTS Intellectual Property policy sets out conditions for ownership of copyright material created at UTS (s5.1.6)

• In most cases students retain copyright over their work (UTS reserves a right to keep a copy; thesis copy to Library)

• In certain cases UTS will assert ownership: joint work with a supervisor; work resulting from substantial contribution/use of UTS resources; work created from existing UTS IP or from funding obtained by UTS

• A student participating in creating UTS IP will share in commercialisation revenues (more later)

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What does this mean for researchers and students?

• You own copyright in your theses and original research

• Material you use in your work - such as images, photos, text, tables, diagrams, interviews etc from other sources - is also protected by copyright

• You can use limited amounts of those material for research (as per Fact Sheet)

• However, if you aim to publish - you will need permission to use most copyright material

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Using copyright material in theses and research publications (Publishing your work)

• Even where using small amounts (eg. quotes or extracts comprising less than 1% of a work) you may need permission to use other people’s copyright material in your thesis or research papers

• Fair Dealing exceptions may not apply, unless you can show genuine critical analysis of the work

• A publisher will require an author to sign that permission has been obtained for copyright material used in the work

• This includes PHD and Honours theses lodged with UTS Library (eg Digital Theses)

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Some other publishing considerations in using copyright material

• Requirements can vary between publishers– check their Author guidelines– as a guide, publishers require permission for

quotes from as little as 50-100 words from a single source

– don’t use unauthorised material (eg. unattributed images from web)

– check terms and conditions when using material from the web or licenced tools (eg. databases)

• Attribution/Acknowledging author and source is always required

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Using Surveys, Interviews, Oral History

• Survey instruments and tools– may need permission to use material obtained

via a survey instrument (eg. survey questions)– follow terms and conditions of use eg material

available for teaching may not be available for research purposes or publication

• Interviews and Oral histories– both the interviewer and interviewee can have

copyright ownership (joint or separate)– check with identified copyright owner if they

hold entire copyright over the material

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Ownership of copyright material

• Usually the author/creator of the work– Unless signed over to someone else (eg. publisher)

• Employer usually owns copyright in work made by employees as part of their duties

• Copyright owner can assign (sell) rights or licence (rent) rights

– eg author assigns copyright to publisher – eg author licences company to perform script for a

limited period of time

• Publishers will often require an author to assign copyright to them - but this can be negotiated

– eg JISC (see Copyrighttoolbox/authors/licence)

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Finding the copyright owner

• No register of Copyright owners• Check for © [author, date] symbol – helps trace

copyright owner• Copyright ownership may have been transferred -

Publishers often copyright owners• Collecting societies and professional organisations

often have information on copyright owners (See Links and Resources on UTS Copyright site)

• For website ownership check Terms and Conditions or About or see Webmaster section (no citation information on the site could indicate material is online without permission)

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Seeking Permission to use copyright material

• Permission must be from the legitimate copyright owner

• For information on requesting permission, see Publishing your student work Fact Sheet

• A few tips:– Email is the most convenient method– Be clear about the material you wish to use and

how it will be used in your work– Allow plenty of time: you may need to make

several enquiries to locate the copyright owner – Keep written records (enquiries, permission

received)

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Copyright enquiries ….

• Web

www.lib.uts.edu.au Copyright

• Matthew Noble

- Email copyrightcontactofficer@uts.edu.au

- Phone 9514 3313