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Copyright

Explaining aspects of copyright to be aware of when studying, lecturing or undertaking research. Please note that information on these pages is for guidance only: it does not constitute formal legal advice.

Top Five Referencing Tips for publishing your thesis online

Top Five Referencing Tips for publishing your thesis online: this document, below, outlines some of the most important things to remember when doing your research and writing up your thesis. Bear in mind that when your thesis has been passed by the examiners, it is usual for it to be put in City's institutional repository, City Research Online, from where it is also made publicly available online. 

It is important therefore that all material that you have used from other sources is properly referenced, as authors whose work has influenced you can expect to be given credit by you. More detail can be found on the pages in this section of the Guide (see the menu on the left).

How might copyright issues affect my thesis?

 

  • You will almost inevitably need to use material in your thesis that may be protected by copyright, in order to illustrate points that you wish to make. This may be from books, journals, websites and archives, and may include text, images, diagrams and photographs. There is guidance on some types of material below.
     
  • Additionally if you include any articles that you have published then the publisher may now own the copyright, as a result of the contract that you signed. Even though you wrote the article, you will still need to ask permission in this case.

City Research Online and Copyright

It is now normal practice to include completed PhD theses on our institutional repository, City Research Online, and they will also become available on the British Library service EThOS (http://ethos.bl.uk/Home.do). This benefits you and society as it makes your research available to a worldwide audience. (They can be withheld temporarily or permanently if there is a good reason to, subject to approval.)

However, it is important to be aware of copyright considerations from an early stage in your research, as you go about selecting material for inclusion in your thesis, otherwise this may be problematic. It is permissible to use a certain amount of copyrighted material in your thesis for criticism and review (see box below), and for illustration. However, it is important that an excessive amount is not used from any one work, as well as material that is not strictly necessary.

Using material from archives

If using material from archives:

  • You must have written permission of the archive both to include it in your thesis, and to make it publicly available online.

 

  • You must also acknowledge the permission of the archives - they may provide standard text for you to use. See the box entitled 'Asking Permissions' for advice on how to request permission.

Copyright Checking

It is normal practice for checks to be carried out by Library staff to ensure that there is no material in theses made available online that may infringe copyright or any other laws when made publicly available online. In some cases, you may find it necessary to put material into the assessed version of your thesis that cannot be included in the version that is placed on City Research Online. We recognise that this is unavoidable, but we will need to discuss this with you.

It may be necessary for us to blank out (redact) certain material when the thesis is made available online. We will notify you if we feel this is necessary, explain the specific reasons, and discuss this with you if necessary.

We aim to upload your thesis to City Research Online within a month of receipt by the library, unless we need to discuss copyright issues with you, in which case we aim to contact you about this within this time.

Am I entitled to use copyrighted material?

Criticism and review

  • There is a legal entitlement which allows copyrighted material to be used for the purposes of "criticism and review". For example, if you are arguing for or against an argument someone else has made and are reproducing their material in doing this, then it is likely that you are within your rights to do so.
     
  • In these cases you must use no more of the material than is necessary in order to make your point and you must acknowledge the source in full, as always.
     
  • Using a certain amount of purely illustrative material in your thesis is permissible, although take care not to take too much from any one source, otherwise some of it may need to be redacted from the thesis. If you need to use a lot of such material, try to put it in an appendix, which can easily be omitted in the version placed on City Research Online.
     

Questions to ask:

  1. Was this material authored (produced/composed/etc.) by someone else?
    If so, it is likely to be in copyright.
     
  2. If the material is from a website, are there any terms and conditions?
    These must be read as they may include conditions on re-use of material on the website (which may be more restrictive than those imposed by copyright law).
     
  3. If I authored it, have I signed a contract which has assigned the copyright to my publisher?
    If so, you would need the publisher's permission to re-use it.
     
  4. If the material is old, has the copyright expired?
    See our information on duration of copyright, on the What is copyright? page of this guide, to check this. If copyright has expired you may re-use as you wish. Remember that the typography of printed material - the visual layout of the page - has its own copyright which lasts twenty-five years.
     
  5. Am I using the material for the purposes of "criticism and review" or illustration?
    If so, this is likely to be permissible but keep the amount you use to a minimum.
     
  6. If I am not using the material for the purposes of "criticism and review" or illustration…
    • is this something I could leave out?
    • do I have permission from the copyright holders to use it?
       

If you are still unsure, contact the Copyright Librarian for advice.

Asking for permission from publishers to re-use

Who to contact to seek permission

You will need to contact the rights holder which may be an author, illustrator, photographer, translator, composer, or other creator. For material from books and journals, the copyright holder will usually be the publishers and their website should list a contact address or mailbox, sometimes with information on seeking permission. Look for a section entitled "rights", "copyright clearance" or "permissions".

You will also need to ask permission of any archive where you reproduce material held by them, adjusting the sample text below accordingly.

Sample text

Ask for permission in writing, by letter or e-mail. Here is some sample text which you may use:

  • I am contacting you to seek permission to include the following material within the electronic version of my PhD/MSc/MPhil (insert relevant level) thesis: [Provide full details of the material you intend to include]
  • The thesis will be accessible via City Research Online, the digital archive of research and enterprise output produced by City University London researchers (http://openaccess.city.ac.uk/). City Research Online is non-commercial and openly available to all.
  • If you are not the rights holder for this material I would be grateful if you would advise me who to contact.

Keep a record of any letters or e-mails you receive granting you permission and indicate that permission has been granted at the appropriate place in your thesis, for example: "This [item] has been reproduced with the permission of…". The template linked to at the bottom of this box may be of use in keeping records.

What if I don't get permission?

If you do need to include certain copyrighted material in your thesis but do not receive permission to do so, you may need to omit it from the open access version. Remember that it is not an infringement to include third-party copyright material in the version of your thesis which gets passed to your examiners. Doing this will have no bearing on the outcome of your examination.

Bear in mind that if your permission request receives no reply, this does not mean that you are permitted to use the material.

Image credit

'MEng Thesis' by Adam Greig (CC BY-SA 2.0) Accessed from Flickr 09/07/2015