1. Copy-rights and Copy-wrongs Copyright and your Thesis Heather Gordon - JCU Copyright Officer & Jackie Wolstenholme - Digital Repository Librarian copyright@jcu.edu.au Discover your Library@JCU JCU LIBRARY & INFORMATION SERVICES

2. Outline Copyright Declaration – thesis submission Background to Copyright Fair Dealing for Research & Study –Reproducing © material e.g. photocopying –Using 3 rd Party © material e.g. inclusion in your thesis Exceptions Practical examples Moral rights Requesting permission to use © material Publishing your thesis Discover your Library@JCU JCU LIBRARY & INFORMATION SERVICES

3. CartoonStock.com Licence Teaching Use in Non-Profit Schools, Colleges or UniversitiesTeaching Use in Non-Profit Schools, Colleges or Universities –Use internally within a non profit making school, college or university by one educator or student as a teaching/learning aid. This includes use for personal projects, classroom teaching and other educational uses where the image is used internally by the organisation's own staff and students, but is not made available to the general public. This license does allow repeated uses by the same educator/student. This license excludes use for presentations to other teachers, school posters, fliers, the school newspaper, or any use outside the classroom or for publicising the organisation or any use by commercial training or teaching organisations where the organisation accepts paying customers for profit. –License for publication anywhere in the World Teaching Use in Non-Profit Schools, Colleges or Universities –Price: £7 (approx. USD11.04)

4. Thesis Submission Form Copyright and Release of Thesis for Examination –http://www.jcu.edu.au/grs/thesis/submission/index.htmhttp://www.jcu.edu.au/grs/thesis/submission/index.htm –Submitted with your thesis Part 3: Copyright Declaration –No material in your thesis which infringes copyright –You have obtained permission, where necessary, to use any third-party copyright material in your thesis –You have obtained permission, where necessary, to use your own published work when copyright is held by another party Discover your Library@JCU JCU LIBRARY & INFORMATION SERVICES

5. Outline Copyright Declaration – thesis submission Background to Copyright Fair Dealing for Research & Study –Reproducing © material e.g. photocopying –Using 3 rd Party © material e.g. inclusion in your thesis Exceptions Practical examples Moral rights Requesting permission to use © material Publishing your thesis Discover your Library@JCU JCU LIBRARY & INFORMATION SERVICES

6. Copyright Act 1968 1.Protects creator’s rights to use and control their own works e.g. as a thesis author, copyright will apply to your thesis 2.Balances the community’s rights to use 3 rd party material in a fair and reasonable manner e.g. provisions in the Copyright Act may allow you to re-use the works of others in your thesis You have a responsibility not to infringe copyright Discover your Library@JCU JCU LIBRARY & INFORMATION SERVICES

7. Copyright Protection Copyright protects expression in materials and works –It does NOT protect ideas or information Copyright protection is automatic –i.e. it is free & applies automatically when material is created Discover your Library@JCU JCU LIBRARY & INFORMATION SERVICES

8. Outline Copyright Declaration – thesis submission Background to Copyright Fair Dealing for Research & Study –Reproducing © material e.g. photocopying –Using 3 rd Party © material e.g. inclusion in your thesis Exceptions Practical examples Moral rights Requesting permission to use © material Publishing your thesis Discover your Library@JCU JCU LIBRARY & INFORMATION SERVICES

9. Fair Dealing for Research & Study Image source: http://www.vtc.edu.hk/tc/cwtc/lib/cwinternet/photocopy.jpg Discover your Library@JCU JCU LIBRARY & INFORMATION SERVICES

10. Fair Dealing for Research & Study This provision in the Copyright Act applies to the reproduction of 3 rd party copyright material –Allows you to reproduce limited amounts of material without the copyright owner’s permission if the use is fair and it is for the purpose of research or study –Applies even if you own the source e.g. book or CD Textual material e.g. book, journal, music, play, etc –Print format: 10% of number of pages –Electronic format: 10% of number of words –Work divided into chapters: 1 chapter or 10%* –Journals: 1 article from an issue or 2 articles on the same topic* (* whichever is greater) 10% rule does not cover artistic works, e.g. images, films or sound recordings, or T.V. & radio broadcasts –Need to consider if your use would be fair Discover your Library@JCU JCU LIBRARY & INFORMATION SERVICES

11. Is your use Reasonable & Fair? To reproduce outside the “10% rule”, you must consider: 1.Can I buy this item at a reasonable price within a reasonable time? 2.How much am I planning to copy? 3.Why am I copying? 4.What effect will this have on the market for, or value of, the work? 5.How much effort, time & resources went into creating this work? NB Materials copied under Fair Dealing provisions cannot be made public later Discover your Library@JCU JCU LIBRARY & INFORMATION SERVICES

12. Fair Dealing for Other Purposes

13. Fair Dealing also applies to using material for: –Criticism and review –Parody and satire –Reporting news –Professional advice by a lawyer Applies to all materials e.g. films, books You can copy the entire work if the use is fair MUST be genuinely for these purposes –e.g. must do a proper critique, not just illustrate a point Discover your Library@JCU JCU LIBRARY & INFORMATION SERVICES

14. Outline Copyright Declaration – thesis submission Background to Copyright Fair Dealing for Research & Study –Reproducing © material e.g. photocopying –Using 3 rd Party © material e.g. inclusion in your thesis Exceptions Practical examples Moral rights Requesting permission to use © material Publishing your thesis Discover your Library@JCU JCU LIBRARY & INFORMATION SERVICES

15. No Copyright Limits If... You own the rights Copyright has expired  Works are in the Public Domain –Generally 70 years after the death of the author/creator or year of publication An ‘insubstantial’ amount of text is used –Substantial = amount + important / essential / distinctive A licence or contract over-rides copyright –e.g. Terms and Conditions on a website –May allow you to do more OR less than the Copyright Act Discover your Library@JCU JCU LIBRARY & INFORMATION SERVICES

16. Outline Copyright Declaration – thesis submission Background to Copyright Fair Dealing for Research & Study –Reproducing © material e.g. photocopying –Using 3 rd Party © material e.g. inclusion in your thesis Exceptions Practical examples Moral rights Requesting permission to use © material Publishing your thesis Discover your Library@JCU JCU LIBRARY & INFORMATION SERVICES

17. Websites Material from the Web is subject to Copyright –Freely available in the public domain but still subject to copyright Content on websites can be copied for Research & Study under fair dealing Loading copyright material to open access websites –Permission from copyright owner –Free music and movie downloads – mostly illegal! –You cannot use such copies in your thesis –Use of University computer facilities to download illegal infringing material  disciplinary action Discover your Library@JCU JCU LIBRARY & INFORMATION SERVICES

18. Website Terms and Conditions Check and abide by Terms and Conditions given on websites Indicate what you can/cannot do –Contract clues: click-through agreement, passwords, subscriber # Linking –Preferable to copying website content –Do not link to sites that contain infringing materials –Make it clear that you are linking to another website Discover your Library@JCU JCU LIBRARY & INFORMATION SERVICES

19. Creative Commons Creative Commons Licences (and similar) may provide flexibility in usage –http://creativecommons.org/about/licenses/http://creativecommons.org/about/licenses/ Examples: –http://cairss.caul.edu.au/www/http://cairss.caul.edu.au/www/ –http://www.flickr.com/creativecommons/http://www.flickr.com/creativecommons/

20. http://www.bom.gov.au/ Copyright Statement on a Website

21. http://www.bom.gov.au/other/copyright.shtml

22. Copyright Statement on a Website http://www.marinephotobank.org/getinvolved.php

23. Figure drawn by thesis author from published data Aeromagnetic image ….. Data from MIM Exploration with ER Mapper Colourdrape with overhead sunshade from Coleborn (1999). Using Published Data

24. Table – “taken from …” Original Costanza et al. 1997

25. Reproducing Images

26. http://www.ce.washington.edu/~liquefaction/html/why/why1.html Reproducing images

27. Original Wallace 1999 Adapted from …

28. This diagram is a partial reproduction of the diagram in the previous slide Adapted from …

29. Adapted from… & used for Criticism or Review Comparison of the morphological tree of Wallace (1999) and the molecular tree

30. Maps Only standard cartographic symbols  you do not need permission from the copyright owner to use these maps

31. http://www.gbrmpa.gov.au/__data/assets/pdf_file/0018/10674/mpz_08.pdf There is copyright material in this map Maps

32. In thesis acknowledgements or captions: Credit photographer e.g. “photo by author” and “used with permission of photographer” if individuals can be recognised in photos, permission to use photos should be sought from the subjects and stated Photos

33. Outline Copyright Declaration – thesis submission Background to Copyright Fair Dealing for Research & Study –Reproducing © material e.g. photocopying –Using 3 rd Party © material e.g. inclusion in your thesis Exceptions Practical examples Moral rights Requesting permission to use © material Publishing your thesis Discover your Library@JCU JCU LIBRARY & INFORMATION SERVICES

34. Moral Rights of Creators Copyright is separate from Moral Rights –Always respect and attribute all sources, regardless of copyright conditions Authors and other creators –Protected by Moral Rights even though they may not own copyright in the work (e.g. may have assigned copyright to a publisher) Moral Rights include the right to –Accurate attribution (be credited/acknowledged for the work) –Take action if work is falsely attributed –Take action if work is distorted or treated in a derogatory way Discover your Library@JCU JCU LIBRARY & INFORMATION SERVICES

35. Avoiding Plagiarism Respect moral rights by correctly citing material you use –http://www.jcu.edu.au/courses/handbooks/2005/155_examinatio ns.html#title_387http://www.jcu.edu.au/courses/handbooks/2005/155_examinatio ns.html#title_387 –http://cms.jcu.edu.au/libcomp/assist/guides/azguides/JCUPRD_0 30469http://cms.jcu.edu.au/libcomp/assist/guides/azguides/JCUPRD_0 30469 Endnote software can help you manage your references –http://cms.jcu.edu.au/libcomp/resources/endnote/index.htmhttp://cms.jcu.edu.au/libcomp/resources/endnote/index.htm Discover your Library@JCU JCU LIBRARY & INFORMATION SERVICES

36. Outline Copyright Declaration – thesis submission Background to Copyright Fair Dealing for Research & Study –Reproducing © material e.g. photocopying –Using 3 rd Party © material e.g. inclusion in your thesis Exceptions Practical examples Moral rights Requesting permission to use © material Publishing your thesis Discover your Library@JCU JCU LIBRARY & INFORMATION SERVICES

37. Requesting Permission - 1 Identify and locate the copyright owner –Creator in 1 st instance but may be an employer, publisher or another 3 rd party Can be multiple copyright owners –Need permission from each Orphaned works –Not possible to identify or locate copyright owner Discover your Library@JCU JCU LIBRARY & INFORMATION SERVICES

38. Requesting Permission - 2 Get permission as you go – don’t wait until the end of your thesis writing –Use Copyright Compliance Table (p29) to monitor requestsCopyright Compliance Table Get permission in writing, email is fine – use sample letter in the Copyright Guide for Research Students (pp23-24)Copyright Guide for Research Students Specify material you want to use and what it’s for - state that the material will be communicated online Stress that use is for non-commercial purposes only Copyright owner may not respond promptly or at all No response does not mean you can go ahead and use the work without permission If permission is refused then you cannot use the work Discover your Library@JCU JCU LIBRARY & INFORMATION SERVICES

39. Outline Copyright Declaration – thesis submission Background to Copyright Fair Dealing for Research & Study –Reproducing © material e.g. photocopying –Using 3 rd Party © material e.g. inclusion in your thesis Exceptions Practical examples Moral rights Requesting permission to use © material Publishing your thesis Discover your Library@JCU JCU LIBRARY & INFORMATION SERVICES

40. Copyright in Student Works JCU IP Policy –Students own copyright in works they produce for JCU courses and theses –Permission is needed to use your material Exceptions –Research projects with external funding or commercial agreement –Articles / conference papers written jointly e.g. with your supervisor Discover your Library@JCU JCU LIBRARY & INFORMATION SERVICES

41. http://www.jcu.edu.au/researchonline

42. ResearchOnline@JCU Provides full text access to JCU theses and other research e.g. journal articles, book chapters ResearchOnline@JCU content is freely available for non-commercial use A great way to make your research accessible Discover your Library@JCU JCU LIBRARY & INFORMATION SERVICES

43. Your Thesis & ResearchOnline@JCU PhD and other research theses must be provided to the Library in print and digital formats Digital copy – unsecured PDF is preferred You give JCU a royalty-free, non-exclusive licence to publish your thesis in ResearchOnline@JCU –You don’t have to seek permission to publish elsewhere or otherwise re-use your thesis content –No effect on the ownership of the copyright i.e. copyright remains with the author until you transfer to another entity Discover your Library@JCU JCU LIBRARY & INFORMATION SERVICES

44. Publishing Your Thesis Ensure you have permission to use 3 rd Party Material Publisher may require you to sign a license agreement May restrict what you can do with your work e.g. –Loading it to ResearchOnline@JCU or a personal website –Re-publishing in other sources –Sharing with colleagues Consider carefully as you will be bound by the terms –You can try & negotiate different terms e.g. see http://www.arl.org/sparc/author/ http://www.arl.org/sparc/author/ –Check out publisher policies at http://www.sherpa.ac.uk/romeo.php http://www.sherpa.ac.uk/romeo.php –Go to ResearchOnline@JCU for more informationResearchOnline@JCU Publisher may be able to assist you with permissions Discover your Library@JCU JCU LIBRARY & INFORMATION SERVICES

45. Infringement of Your Work Your thesis is protected by copyright Protection is automatic –it doesn’t need a © to be covered You can take action if your copyright or moral rights are infringed Send a Take Down notice notifying the user to cease infringing copyrightTake Down notice If take-down notice is ignored, or if this outcome is not satisfactory, seek legal advice Discover your Library@JCU JCU LIBRARY & INFORMATION SERVICES

46. Further Information ResearchOnline@JCU –http://eprints.jcu.edu.au/theses.htmlhttp://eprints.jcu.edu.au/theses.html –Copyright Guide for Research Students – a guide from the OAKLaw ProjectCopyright Guide for Research Students – a guide from the OAKLaw Project Requesting permission –http://eprints.jcu.edu.au/permission.dochttp://eprints.jcu.edu.au/permission.doc JCU Copyright Websites –http://www.library.jcu.edu.au/Copyright/http://www.library.jcu.edu.au/Copyright/ –http://cms.jcu.edu.au/libcomp/library/copyright/JCUPRD_017984http://cms.jcu.edu.au/libcomp/library/copyright/JCUPRD_017984 JCU Copyright email –copyright@jcu.edu.aucopyright@jcu.edu.au Discover your Library@JCU JCU LIBRARY & INFORMATION SERVICES