eTheses and copyright
© No known copyright restrictions
Miami University Libraries.
.
Clare Scott, Copyright Officer
2
CHAPTERS
• Ch.1 eThesis submission
• Ch.2 Copyright basics
• Ch.3 Third Party Copyright
• Ch.4 Getting Permission
• Ch.5 Embargoes
• Ch.6 Scenarios
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© No known copyright
restrictions George Eastman
House.
CHAPTER 1 - SUBMISSION
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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.a
c.uk/
• Links will be made to the
new national UK
electronic thesis service
EThOS http://ethos.bl.uk
© No known copyright restrictions George Eastman
House.
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5
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National Media Museum
CHAPTER 2 - COPYRIGHT
BASICS
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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
©OPYRIGHT
https://itunes.apple.com/gb/itune
s-u/clare-doescopyright/id895395998?mt=10
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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
COPYRIGHT
Literary & 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
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© No known copyright restrictions.
Miami University Libraries
CHAPTER 3 – THIRD PARTY
COPYRIGHT
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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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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
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© No known copyright restrictions.
Library of Congress.
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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“Make ‘em cry,
make ‘em laugh,
make ‘em wait...”
© Public domain
Wilkie Collins – inventor of the sensation
novel (usually serialised)
What about using short
quotations then...................?
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Short Quotations
“..mak
e ‘em
wait...”
© Public domain
• 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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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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Archive.
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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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© No known copyright
restrictions.
Miami University Libraries.
CHAPTER 4 - GETTING
PERMISSION
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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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.
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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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Archives
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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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Library.
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CHAPTER 5 - EMBARGOES
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Embargoes
Main reasons apply as they always have done:
• Commercial sensitivity
• Patent application pending
• Political sensitivity/issues of national security
• Privacy of individual
• Prior publication
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National Archives
• Where clearance for all third party copyright material is NOT
obtained
• N.B. eThesis must still be uploaded
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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
© No known copyright restrictions. New York Public Library.
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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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Australian National Maritime Museum.
William Hall Collection.
27
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Libraries.
CHAPTER 6 - SCENARIOS
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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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