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Copyright for Students and Researchers

Further information for students and researchers on how to protect their work, how much can be copied, how to find accessible copies and where to find copyright free materials. Click on a section to find out more.

Copyright and Students

The library provides access to books, journals, and other types of research materials which you can access via the library catalogue and databases, or via your Online Resource Lists. 

The library pays for licences that enable you to download or print a limited amount of material.  They are not publicly available, and you are not permitted to share these with people outside the university.

There is provision in copyright law for libraries to make accessible copies for students with a disability.  This can include Braille or audio copies for visually impaired students, or accessible books or articles for dyslexic students.  Contact Accessibility Support? for more information on this.

In the course of your studies, you will often need to copy or download copyrighted material such as journal articles, books, images, and data.  Understanding copyright can ensure you are compliant with copyright law and ethical in your treatment of the use of third-party materials.

There are copyright exceptions which allow the use of third-party material without seeking permission from the copyright holder.  The ones most relevant for student use are for:

  • your own private study
  • non-commercial research
  • criticism and review – to make a critical point, to support an argument, for example in an essay, dissertation or thesis, or when answering an examination question.

You can find out more about Copyright Exceptions in the copyrightuser.org website.

When you use third-party material, it is vital you only use what is reasonable and fair.  Fair dealing guidelines are also outlined in our Introduction to Copyright section. 

You should also be clear about what work is your own and what is third-party by referencing correctly.

Using copyrighted material for purely decorative purposes is not permitted.  It has to be relevant to your studies.  If you are using images which are just for decoration make sure you use images that are in the public domain or which have Creative Commons licenses.  See our Further Resources section for sources of these.

 

The university owns the copyright of the teaching material provided to you by your lecturers.  You are not permitted to share these with people outside the university.  This also applies to library resources, unless it has been published as Open Access or has a Creative Commons license.  Sharing copyrighted material would be regarded as copyright infringement.  If you share something online it is always safer to share a link to the original source.

The copyright of work created by students at university will usually be assigned to the student.  It is protected automatically as soon as it is “fixed” in some way, such as written down, drawn on paper or recorded electronically.

You can consider licencing your work under Creative Commons licenses which gives you control of how others can use your work.  More information on this in the Creative Commons section.

If you are sharing your work online consider adding copyright notices and a takedown policy in cases of any copyright infringement.

Here are some organisations that can help you protect your copyright and intellectual property:

Copyright for Researchers

Copyright law applies to research in various ways, depending on factors such as originality, creatorship, licensing, and applicable exceptions or agreements. 

Copyright law includes exceptions specifically for educational purposes, which may allow researchers to use third-party material in certain ways without permission.

These exceptions typically apply to activities such as teaching, research, and private study, but these will probably not apply if your work is being published to a wider audience.

When using copyright exceptions you must also apply ‘fair dealing’.

Consider ‘how might a fair-minded and honest person have dealt with the work?’ Two initial questions you can ask:

  1. Does using the work affect the market for the original work?
  2. Is the amount I’m using reasonable and appropriate?

 

Even when using third-party material under fair dealing or educational exceptions, researchers are generally required to provide proper attribution to the original source.

This attribution ensures transparency and gives credit to the copyright holder.

Some creators choose to license their works under Creative Commons licenses, which allow others to use the material under certain conditions specified by the license.

Researchers can take advantage of Creative Commons-licensed material to simplify the process of obtaining permission for third-party material, as long as they comply with the terms of the license.

Works that are in the public domain, either because their copyright has expired or because the creator has explicitly waived their rights, can be freely used by researchers without permission.

However, researchers need to verify the copyright status of such works to ensure that they are indeed in the public domain.

You can use copyrighted material in theses as these are covered by educational exceptions in UK copyright legislation.

You must still attribute any copyrighted material. However, permissions extend only until your work has been assessed.

After this you may leave copyrighted material in your work within the repositories, however if there are objections by the copyright holder, we have a robust takedown policy and will immediately remove any disputed content.

Permissions and licencing

Researchers may need to obtain permission or licenses from copyright holders to use their works in certain ways, especially if their use goes beyond what is allowed under copyright exceptions.

This process can involve contacting copyright holders directly or using collective licensing schemes.

The process of obtaining permissions or licenses from copyright holders for using their works can vary depending on the specific circumstances and the preferences of the copyright holder.

If the material is not covered by:

  • copyright licences such as the CLA.
  • being in the public domain/out of copyright.
  • a Creative Commons licence
  • other licence or permissions.
  • legal exceptions.

Then:

permission must be sought from the rightsholder.

Note: Lack of response is not the same as consent.

Identifying the copyright holder

Determine who owns the copyright to the work you want to use. 

This may be the creator of the work, such as an author, artist, or photographer, or it may be a publisher, agency, or other entity that has been assigned the rights.

Contacting the copyright holder

Once you’ve identified the copyright holder, reach out to them to request permission to use the work. 

This can typically be done through email, mail, or an online permissions request form if available.

Providing details

In your request, clearly explain how you intend to use the work, including the specific context, purpose, and duration of use. 

Provide as much detail as possible to help the copyright holder understand your request.

Negotiating terms

The copyright holder may grant permission under certain conditions, such as requiring payment of licensing fees, specifying the scope of use, or requesting attribution. 

Negotiate the terms of the permission if necessary to ensure that they are acceptable to both parties.

Obtaining written permission

Once you’ve reached an agreement with the copyright holder, request written confirmation of the permission granted. 

This may be in the form of a license agreement, permission letter, or email confirmation.

Complying with terms

Ensure that you comply with the terms of the permission granted by the copyright holder.

This may include paying any required fees, providing proper attribution, or adhering to restrictions on the use of the work.

Keeping records

Maintain records of the permission obtained, including any correspondence with the copyright holder, the terms of the permission granted, and proof of payment if applicable. 

This documentation can help demonstrate compliance with copyright law in case of any disputes or questions about your use of the work.

Note:

The process of obtaining permissions or licenses can sometimes be complex and time-consuming, especially for works owned by large publishers or agencies. 

Start the process early and be prepared to negotiate terms if needed. 

Consider seeking legal advice if you’re unsure about your rights and obligations under copyright law or if you encounter difficulties in obtaining permissions.

When publishing your research check the contract and what rights you are retaining, or giving away.

Check the Plan S Rights Retention Strategy which can help researchers acknowledge and assert their rights when publishing Open Access

NOTE:

Copyright is an automatic right: unlike other forms of IP such as patents and trade marks, no formalities as registration are required. Even if you do not register your work or do not attach the copyright symbol © to it, copyright law protects your work.

It is a good idea to keep a digital copy of your work dated to prove when you created it

Open Access (OA) publishing is the process of making scholarly communications freely available and reusable to allow anyone to benefit from research.

As a university researcher, you can make a difference by openly sharing your work. 

Copyright legislation may influence how researchers can share their work while respecting the rights of copyright holders.

Researchers should stay informed about the open access policies relevant to their funding sources and affiliations and plan their publishing strategies accordingly to ensure compliance and maximize the reach and impact of their research.

Most universities now have a repository which stores and makes freely available the research output of its institution. 

UWTSD has a Research Repository and a Research Data Repository.

For more information on Open Access you will find it on our Open Access and Research pages.

Researchers need to consider copyright implications when sharing and reusing data to ensure compliance with legal requirements. Copyright law applies to research data in a nuanced way, depending on several factors such as the:

  • Nature of the data.
  • Jurisdiction.
  • Any agreements or contracts governing its use. 

Copyright law may also apply particularly if the data contains copyrighted material, or if researchers intend to publish or share the data with others. 

Here is how copyright law typically applies to research data and the considerations for sharing and reusing the data:

Originality and Fixation

Copyright protection applies to original works that are fixed in a tangible form, such as written documents, images, or recordings.

In the context of research data, copyright may apply to data sets that involve original creative expression, such as databases, compilations, or data visualizations.

However, copyright does not protect facts, ideas, methods, or mathematical formulas themselves, only the original expression of those ideas.

Creatorship

In many cases, research data is generated collaboratively by multiple researchers or contributors.

The copyright ownership of such data depends on the specific circumstances, including any agreements or conventions among the collaborators.

In the absence of any agreements to the contrary, copyright in jointly authored research data is typically shared among the creators.

Licencing

Researchers may choose to license their research data to specify how others can use, share, and build upon it.

Licensing options range from traditional copyright licenses to open licenses such as Creative Commons licenses, which allow for more flexible and permissive terms.

By selecting an appropriate license, researchers can clarify the permissions and restrictions associated with their data, making it easier for others to understand how they can legally use and reuse the data.

Exceptions and limitations

Copyright law includes exceptions or limitations that allow for certain uses of copyrighted works without permission from the copyright holder.

Exceptions may apply to research activities, such as data mining for non-commercial research purposes or using copyrighted materials in text and data mining processes.

Researchers should be aware of the applicable exceptions and limitations in their jurisdiction and ensure that their data use complies with them.

Data sharing agreements

Researchers may enter into agreements or contracts governing the sharing and use of research data, which can override or supplement copyright law.

These agreements may specify the terms and conditions for sharing, accessing, and using the data, including any restrictions on commercial use, attribution requirements, or data citation policies.

Researchers should carefully review and comply with any data sharing agreements they are party to.

Open data initiatives

Increasingly, initiatives and policies are promoting open access to research data, which aim to make data freely available for anyone to access, use, and reuse without restrictions.

Open data initiatives often involve the use of open licenses and repositories to facilitate data sharing and reuse while maximizing transparency, reproducibility, and collaboration in research.

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