Copyright law and your thesis

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  • This session aims to Help you develop your appreciation of the modern academic copyright environmentUnderstand the practical steps to dealing with copyright and electronic thesesLearn more about the modern scholarly communication environmentAs we go through feel free to stop me and ask questions if there is anything that isn’t clear or you would like to explore in more detail.
  • Before we go any further, I am not a lawyer.The guidance I’ll provide today is based on my professional experience as a librarian dealing with copyright issues and theses and on work done by JISC on e-theses and copyright. If you need specialist legal advice you should consult a lawyer.
  • We’re going to start by looking at the background to e-theses at Liverpool. We’ll cover the regulations on e-theses, why we have these regulations, the benefits for you of e-theses and how these developments are situated in the context of the changing scholarly communication environment.We’ll then go on to look at rights. We’ll give you a brief introduction to copyright and how it relates to e-theses, some guidance on recognising rights and mitigating risk and on gaining permissions to reproduce other peoples work in your own. Finally we’ll have a brief look at the practicalities of creating an electronic thesis and submitting it to the University Library.
  • First, the background to e-theses at Liverpool.
  • All postgraduate research students who registered on or after 1st August 2008 are required to deposit an electronic copy of their thesis in the IR, known as the University of Liverpool Research Archive, in order to graduate. It is not necessary to submit a printed copy.We’ll say more about this later but for now, in case you are worried, you can restrict access to your thesis for up to 5 years if , for example, you’re making a patent application or you’re planning to publish. If you’re writing about something very sensitive and feel that publishing your work will endanger you or your family we will restrict access indefinitely. The library and graduate school web sites include links to the regulations and provide guidance on how to comply with them.Are there any students here who registered before 1st August 2008? Yes. PGR students who registered before 1st August 2008 must submit printed bound copies of their thesis at the Student Service Centre in order to graduate. It is not necessary to submit an electronic version of your thesis but you are encouraged to do so anyway. No. Move to the next slide.
  • Why do we require theses to be submitted electronically and not in print?One reason is that the university supports the move towards open access to publications. The open access movement was born in the late 1990’s out of academic frustration over their inability to access published research written by people in their own institution. It is said that the Wellcome Trust, a major research funder, support for OA came about as a result of the frustration their director, Sir Mark Walport, felt as he as was repeatedly denied access to published research his organisation had funded.Open access went mainstream in the early 2000’s. One of the main reasons for this is that it was supported by research funders. In the UK the RCUK published a statement on access to research outputs, individual research councils mandated open access for published research they funder, in the US NIH has adopted similar policies as have research funders across Europe. More recently, HEFCE and the Research Councils issued a statement committing them to “work together and with other interested bodies to support a managed transition to open access over the medium term, and welcome the work of the UK Open Access Implementation Group in support of this aim.Another measure of the support for open access is that all Russell Group universities in the UK now have institutional repositories to enable researchers to self-archive their work. A number of institutions have gone further adopting institutional mandates requiring researchers to deposit journal articles and conference papers in their IR’s and encouraging the to do the same for other forms of research output. The majority of these institutions also require doctoral theses to be deposited elecronically.
  • Another reason we decided to move to e-theses is because of the advantages for you as students and scholars.For a start, you no longer have to pay for printing and binding your thesis. You used to have pay to print out three copies of your thesis and have them hard bounded. All of the tools you need to create an e-thesis are made available by the university and instead of printing it all you have to do now is upload it to the Research Archive.But there are also benefits for your scholarship and your career.Printed theses are practically invisible. They are not easy to track down and then if you want to actually read one be prepared to either travel to the library holding that thesis or to wait .........Electronic theses are much easier to find and to access. They are indexed in Google and Google Scholar and are used by scholars around the world. The British Library created the ETHOS database to provide a single online point of access point to UK thesis. They recognised that the traditional methods of lending printed theses or microfilm between libraries were unable to cope with the demand for UK theses. In the last 4 years over 250,000 theses have been digitised and added to the ETHOS database as a result of requests from scholars from around the world.Perhaps counter-intuitively making your thesis available online protects against plagiarism. It is easy to cut and paste but it just as easy to identify where someone has cut and pasted from. The German ex defence minister. Karl Theodor Zu Guttenenberg was forced to resign after the discovery of extensive plagiarism in his doctoral thesis. The plagiarism was identified using freely available tools. Increasing the visibility of your work is important because it increase your visibility as a researcher. Brunel University did a study a couple of years ago in which they found that all of the thesis in their repository displayed high download statistics, ranging from 93 downloads to 614. In fact, each of Brunel's e-theses is downloaded on average more times than other types of research output. They also found that as well downloads etheses were generating citations.Putting your thesis into the UoL Research Archive will give you a permanent and stable URL for your work to which you can direct potential employers, research collaborators, and funders. It makes your work more visible and more likely to be cited. Being visible and having people red and cite your work is an important part of establishing your career.
  • Once you’ve deposited your thesis it will be available to download from the University of Liverpool Research Archive (UoLRA) where we estimate it will received between 20-100 downloads a month.The metadata ( a catalogue entry describing your work) will be included in the ETHOS and DART databases. These are freely available on the web and are portals to UK and European thesis respectively. Scholars will be able to find your thesis via specialist search tools such as OpenDoar and search engines like Google and Google Scholar.
  • Copyright is automatic and does not need to be claimedThe rights holder is the owner of the copyrightThe rights holder can sell or transfer rights – assignment – and the other party is then the new rights holderMoral rights are always retained by the creator
  • The rights holder can give others permission to use the worksOnly the rights holder can permit reuse, adaptation or distribution of a copyrighted workOrganisations may claim copyright under terms of employment or fundingThe relevant UK legislation is the Copyright, Designs & Patents Act 1988 (amended)
  • You can use copyright works if:You own the rights e.g. You wrote it or you bought or had the rights transferred to you. e.g. JM Barrie gifted the rights to Peter Pan to great Ormond Street hospital when he died and they now own the rights to that story.The rights holder gives you permission. e.g. You take a photographThe rights have expired e.g. Most rights last 25-70 years from the death of the author or from publication in some cases. e.g. For written works copyright lasts for 70 years following the death of the author so an edition of a book published in 1930 whose author died in 1941 will just be coming out of copyright in 2011.Under certain statutory copyright exemptions (more about these later)Permission to reuse can be:one-off or ongoing. You permitted to show a film once versus you’re given permission to show it whenever you want.Specific to a purpose or general e.g. I give you permission to use this graph in your theses and make it available in a repository. If you then want to use it in a journal article you will need to come back and ask me for permission for this use.Exclusive or nonexclusive. e.g. Non-exclusive – you give me the right to reuse your photograph but you reserve the right to grant others the same or similar rights. Exclusive – you grant me exclusive rights to your photograph means only I can use it and no one else.Or may be given as an open license allowing general re-use e.g. Creative Commons licenses, GNU General Public License, BSD License etc. (more about these later)
  • Limited use of copyright works without the permission of the rights holder is possible in certain circumstances. In education this might include:Using an insubstantial part of a work. Fair dealing for non-commercial research and private study, criticism and reviewAnything done for the purposes of setting or answering an examination Criticism or review are justifications for claiming fair dealing. If you use an extract of text/an illustration or figure and it is integral to your argument it might count as criticism.Under fair dealingless than a substantial part of a third party work may be copied or quoted without permission for the purposes of criticism and review. However, neither fair dealing or substantial are defined in law and so determining whether they may be applied is not straightforward.What does this mean for your thesis? You don’t need permission to include material in the version submitted to the examiners.However, as your eTheses will be available from the library and online it is considered to be ‘communicated to the public’ so you will either need permission to include third party material or to be certain that it is permitted to use that material under one of the exceptions.
  • Third party copyright = anything in which someone else may have vested rights of ownership.For example, if you make a video and use a Beatles song (please feel free to change the example to suit you’re musical tastes) as a soundtrack you’ve included third party material in a work you’ve created.If you’re writing about the poems of Dylan Thomas and include quotes from his poetry you will have included third party copyright material.If you are going to do this in your thesis you should either get permission from the rights home or be clear that one of the copyright exceptions applies.{Feel free to change images on slide but remember to update image credit slide at the end of the presentation]
  • What constitutes “a substantial part” is not clear cutIt is a question not just of quantity but of quality as well. Ladbroke (Football) Ltd. v. William Hill (Football) Ltd. [1964] 1 W.L.R. 273 establishes that substantiality depends upon quality rather than quantity. The quantity of the material copied may be taken into account however it is not a determinative factor. The amount of copying therefore may be very small with reference to the overall size of the copyright work.For example, Cornish (2009) saysa reports recommendations and conclusions maybe classed as a substantial part even if they are only 3 paragraphs in an 80 page reportFour bars of a symphony could constitute a substantial part because they encapsulate themeThere are no guidelines, each case is different and is a matter of judgement. If you’re trying to determine what is or isn’t a substantial part the question to ask is whether the level of skill and effort invested in producing therelevant part of the work is substantial rather than whether the relevant part constitutes a substantial portion of the whole work.
  • If you are using a “substantial” amount of third party copyright material in your thesis and are unable to justify it for the purposes of criticism or review you will need to seek permission to include it in your thesis.It is a better strategy to ask for permission.
  • There are copyright works available under an open licence that allow liberal reuse rights and don’t require you ask the rights holder for permission.The best known of the open licenses is probably Creative Commons but there are others such as the GPL for software and the Open Data commons License for data.Creative Commons licenses are a way to propagate reuse of works. They permit reuse without requiring permission requests although, depending on the flavour of CC license, there may be some predefined limitations and restrictions. Creative Commons licences are available which use a combination of:Attribution (BY) – requiring acknowledgement of the original author and/or the rights holderNon-commercial (NC) – restricting use under the licence to non-commercial purposesNo Derivatives (ND) – does not allow adaptations of the workShareAlike (SA) – derivatives permitted, but must be relicensed under the same licence as the originalThere is also a CC0 (CC zero) licence which waives all rights, putting the work in the public domain.Creative Commons licenses are recognised by search engines such as Google or on content sites such as Flickr which allows you to search for works that permits re-use.There are some issues around sharing permissions though. In particular, what constitutes non-commercial is much debated. For example, if you post a photo to your blog and you have adverts on that blog is this a commercial or non-commercial use?
  • We suggest you take a risk based approach to copyright and your thesis. This means being clear about what is permitted, what may be permitted under a fair dealing defence and what is not permitted.There is no risk using your own work, where you are the rights holder or reusing items with permission or where copyright licenses apply. For example, reusing a graph made available under a Creative Commons attribution license is permitted.
  • Reusing material under a fair dealing defence is more risky given the inherent difficulty in judging what constitutes a substantial part. You may be OK including a single line from a poem for the purposes of criticism or review or you may not.
  • Using large and significant extracts, images and diagrams without permission and posting them to the web without permission should be considered a high risk.It always better to take the no risk route and get permission.
  • If you do need to use third party material there are some practical steps you can take to reduce the risk.Check the item to see what uses are permitted. For example, if you’ve taken material from a web site check their terms and conditions or copyright notices to see what uses are permitted.Do the resources you’ve used offer licensed re-use? Are they available under a Creative Commons or other open licenses. If so, what do the licenses permit you to do with this material.When in doubt assume items are in copyright and seek permission to use them. Our experience and that of other institutions is that many non-commercial rights holders will grant permission for e-Theses.Some rights holders may expect you to pay fees and charges. Don’t. We don’t expect you to pay. Think about whether you really need to use that resource in your thesis. If you decide that it is integral to your theses then it should be included.When we come to the practicalities section later we’ll talk about what you will need to do if your thesis includes copyright material you haven’t been able to get permission to use.
  • There are many websites now that make material available under an open license that permit reuse of the material they contain.The BIS web site makes material available under an open license – in this case the Open Government License. If you check this license you will find you are permitted to:copy, publish, distribute and transmit the Information;adapt the Information;exploit the Information commercially for example, by combining it with other Information, or by including it in your own product or application.But you have to “acknowledge the source of the Information by including any attribution statement specified by the Information Provider(s) and, where possible, provide a link to this licence.”You do need to be careful though because any third party material BIS have used in their site isn’t covered by the open Government license and you’d need to get permission from the copyright holder if it were to be reused.It is always worth checking the terms and conditions and copyright notice of a web site – you may be pleasantly surprised.
  • If you need to seek permissions.First, you need to identify the rights holder. You’ll then need to formally request permission to include and item. You must be specific about what you intend to use it for e.g. I want to include it in an eTheses to be deposited in an open access repositoryYou should keep records of all correspondence as you may need o show proof of permission.If you don’t get a response to your first request try again after six weeks. You may need to try all phoning/e-mailing/posting a letter to get a response.Leave plenty of time to get all the permissions you need.
  • There is a template letter that you can download [FROM WHERE?] and use to request permission to use someone’s work in an electronic copy of your thesis that will be made available free of charge in the university repository.If you want to request permission to use the material for another purpose, such as including it in a book, journal article or web site, you’ll need to edit the letter to specify the use that you are going to put it to and whether that is commercial or non-commercial.
  • When you start to research, start to collect permissions. As soon as you come across something you think your likely to want to include in your thesis ask permission.The more time you give yourself the better.Don’t leave it until you’re about to submit – it’s too late and too stressful. Mainly for you but also for us.
  • First of all, an orphan work is one where despite your best efforts you cannot identify the rights holder and so you haven’t been able to ask permission.If you’ve included material from an orphan work, the rights holders have refused you permission or tried to charge you then you can submit two versions of your thesis.- An edited thesis along with any items without explicit permissions removed- The full version, including any corrections required by the examinersOnly the edited version will be made availableIf removing the third party material would make your thesis unintelligible (e.g. One chapter is a journal article and the publisher has refused permission to include it in your thesis) then you simply deposit your thesis, let us know it contains copyrighted material and removing it is impossible , and we’ll restrict access until it comes out of copyright. You won’t get the benefits of making your thesis available so we do recommend trying to get permissions.For thesis that include orphan works only, and where you have a documented record of attempts to trace the rights holder, submit the your thesis with those works included. This is a higher risk strategy as despite you best efforts the rights holder may still be around and may object.If they do the UoLRA operates a notice and takedown policy where, if we are notified of any potential breaches of copyright, we will temporarily remove a thesis from the live archive while we investigate. If we find the claim to be unsubstantiated we’ll put I back, if we find the claim is valid we’ll restrict access until the period of copyright protection ends. Please avoid naming supplementary files after your favourite bands or films or songs as the big entertainment companies have bots hat automatically send copyright takedown notices where they detect files called, for example, Britney Spears, whether its one of her songs or a recoding of an academic symposium on the works of Britney Spears.
  • Does you thesis contain confidential or sensitive information? It is possible that conditions of funding can restrict what can be shared or that it includes elements that are commercially sensitive, confidential, where there are ethical concerns or national security implications.For example, if your research has identified flaws in a banks online security you may want to give them some time to deal with the problem before you publish.In this case you have a couple of options. You can restrict access for up to 5 years and/or you can create an edited version with eh confidential/sensitive elements removed. When you come to deposit the process is the same as if you’d created an edited version of your thesis to deal with copyright issues.
  • I’m sure many of you are planning to publish based on your thesis. eThesis availability is sharing and not publication. The majority of publishers are clear about this because your work is transformed through peer review or editing. If you are concerned about sharing your thesis via the Research Archive before publishing we recommend that you impose access restrictions.If you are planning to re-use material for your thesis you will need to think about permissions to re-use any third party copyright material.Just because you have permission to include third party material in your thesis and share it via the Research Archive does not mean you have permission to include it in a different publication.Even where you have legitimately re-used materials in your thesis under an open creative commons license you may not be covered for commercial publication. For example, while you may be permitted to use materials available under a Creative Commons Attribution Non-Commercial license in your thesis you won’t be permitted to include them in a commercial publication.
  • Just tor recap on this section:Always attribute your sourcesNever assume you have reuse rightsIf in any doubts ask permissionSeeking permission will take timeAim to manage and minimise your exposure to copyright risk
  • We’re now going to look at the practicalities of depositing your thesis.We do run a workshop on Depositing your thesis in the University Research Archive: Training Workshop where we go into more detail and give you hands on experience but we will be covering the main points in this section.
  • Before you actually deposit your thesis you’ll need to complete the Thesis Access Declaration form.You should do this at least two months prior to submission of the thesis, usually at the same time you complete the Notice of Intention to Submit Form.The completed TAD should be sent to the Research Archive Team in the Sydney Jones Library irhelp@liv.ac.uk
  • The point of the Thesis Access Declaration form is to find out whether you want to restrict access to your thesis and why.You can restrict access for up to five years. We ask you to indicate the reason for applying a restriction on the form. There are some pre-defined reasons such as:Planning to publish from your thesisCommercial confidentialitySecurity Ethical reasonsWe ask you to give a reason so that in the event we receive a Freedom of Interest request we can make a judgement about whether we will need to release the thesis or whether one of the exemptions apply and we should turn down the request.The TAD form has to be signed by your Supervisor and your Departmental, School or Institute Director of Postgraduate Research. The TAD form can be downloaded from and the Graduate School website and once completed should be sent to the Research Archive Team in the Sydney Jones Library. The research archive team will check the form and if there are any problems they will contact you. Please keep a copy of the TAD for your records, you will need it to refer to when depositing your thesis.
  • Once a student has had their viva and made any modifications required by the examiners they should deposit their thesis in the Research Archive. The Research Archive Team checks each thesis that is deposited to make sure that a completed TAD has been submitted, the data entered when depositing the thesis matches that on the TAD, the thesis in the right format and that no copyright issues are declared. Once these checks are completed and any issues dealt with the Research Support Team are notified. The Research Support Team will only forward a recommendation for an award to CADDAC once they have been informed that a thesis has been deposited and all issues dealt with. This means that if a student does not deposit their thesis or fails to deal with any problems identified by the Research Archive Team their graduation may be delayed.
  • You must deposit the final accepted versionafter you have had your VIVA and after any amendments that were required by examiners have been made.If your thesis contains third party copyright material/and or confidential or sensitive information you may need to deposit two versions of your thesisThe full version including 3rd party or confidential material (this will NOT be made publicly available)An edited version with the third party or confidentialmaterial taken out and replaced with a text description (this version will be available)
  • Your thesis must be submitted in PDF formatMS Word and other word processors such as Libre Office and Open Office have a Save as pdf function or you can use PDF creation software such as Adobe Pro.You can deposit supplementary files in other formats along with your thesis but if you would like to do that please contact the Research Archive Team to discuss this before submitting them.Unfortunately, we can’t accept huge files into the Research Archive but if you have submitted your data to a data repository we can link to it.You submit your thesis online at http://research-archive.liv.ac.uk
  • The Graduate School web site includes links to the regulations; the postgraduate manual and thesis submission documents including the Thesis Access Declaration form.The Library provides advice on e-theses and archiving, copyright and other practical issues and you can e-mail us, phone us, or pop in and see us.
  • OK, lets just recap the key point around submitting your thesisYour thesis will be available from the UoLRA and ETHOS sitesIt must be submitted in PDF formatAccess can be restricted for up to five yearsYou must indicate this on the TAD form and have it co-signed by your supervisor and DDPRSupport is available throughout the process if required
  • Finally if you remember nothing else from today:eTheses help you by making your work more widely availableYou are required by theUniversity regulations to deposit your thesis electronicallyYou must get permission to include other people’s work (third party copyright)Make use of the advice and support
  • Copyright law and your thesis

    1. 1. Copyright Law and your thesis: guidance for postgraduate research studentsPresentation adapted from: Gaz J Johnson and Katie Fraser (2011) Keeping your thesis legal:copyright in a nutshell for doctoral students. Leicester: University of Leicester.http://www2.le.ac.uk/library/downloads/copyright/Keepingthesis%20legal-Nov-2011-V4.0.pdf http://www.liv.ac.uk/library irhelp@liv.ac.uk
    2. 2. Aims and outcomes• Increase your appreciation of the modern academic copyright environment• Understand the practical steps to dealing with copyright and electronic theses• Learn more about the modern scholarly communication environment
    3. 3. Legal DisclaimerI am not a lawyer. The guidance given in thispresentation is based on my professionalexperience and guidance developed by JISC. Itshould not be construed as legal advice. If yourequire specialist legal advice you should speak toone of the university’s legal representatives orconsult a specialist lawyer.
    4. 4. Overview• Background: e-theses at Liverpool – Regulations – Theses and etheses – Open access and scholarly communication• Rights – Introduction to copyright – Recognising and mitigating risks – Gaining rights permissions
    5. 5. Background to e-theses at Liverpool
    6. 6. Regulations at Liverpool• Postgraduate research students who registered on or after the 1st August 2008 • A digital copy must be deposited in the Institutional Repository (Research Archive) • It should be the final versions, including any corrections required by the examiners • It is not necessary to submit a printed copy to the library• Library and Graduate School web pages – Provide more information – Include documentation and guidance
    7. 7. Open Access to Research• Open access to scholarly publications – Born in late 1990’s in STEM subjects – Academic frustration over inability to access published research from own institutions – Went mainstream in the early 2000’s• All Russell Group Universities have repositories – 148 institutional repositories in the UK – 20 institutional research mandates (including Liverpool) – Most also require doctoral theses deposited electronically
    8. 8. Benefits of eTheses• Enhances accessibility and discoverability – More easily found by scholars – Enhanced global readership prospects – Protects against plagiarism• Increases visibility – Enhances your professional visibility – Helps establish your early career reputation – Professional recognition for your scholastic contribution• Increases citation – More visible work is more likely to be cited – Citations are crucial for professional advancement – Permanent, stable URL link to your thesis for life
    9. 9. eTheses availability• The full text will be available from the Liverpool Research Archive (UoLRA) – Thesis readership 20-100 a month• Records and links back to the full text will be included in: – ETHOS: the UK Electronic Theses Online Service, http://ethos.bl.uk – DART: the European E-Theses Portal, http://www.dart- europe.eu/• Scholars will be a able to find via specialist search tools such as OpenDoar as well as search engines
    10. 10. Background: Recap• You must deposit your thesis electronically• It will usually be available on open access• There are benefits to making your thesis available• Your thesis will be highly visible and so will you
    11. 11. Rights – what they are and why theymatter
    12. 12. UK copyright in brief 1• Copyright is automatic and does not need to be claimed –The rights holder is the owner of the copyright• The rights holder can sell or transfer rights - assignment –The other party is then the new rights holder –Moral rights are always retained by the creator
    13. 13. UK copyright in brief 2• The rights holder can give others permission to use the works• Only the rights holder can permit reuse, adaptation or distribution of a copyrighted work• Organisations may claim copyright under terms of employment or funding• The relevant UK legislation is the Copyright, Designs & Patents Act 1988 (amended)
    14. 14. Using copyright works• You can use copyright works if: – You own the rights – The rights holder gives you permission – The rights have expired – Under certain statutory copyright exemptions• Permission to reuse can be: – one-off or ongoing – specific to a purpose or general – exclusive or nonexclusive – or may be given as an open licence allowing liberal reuse rightsAdapted from: JISC Legal (2011) The Little Guide to Copyright. Bristol, JISC Digital Media. Available fromhttp://www.jiscdigitalmedia.ac.uk/pdf/little-guide-to-copyright.pdf
    15. 15. What are the copyright exceptions?• Limited use of copyright works without permission is possible in certain circumstances: – Using an insubstantial part of a work – Fair dealing for non-commercial research and private study, criticism and review – Anything done for the purposes of setting or answering an examination• If you are copying a substantial proportion, or disseminating it widely, you may need permission Adapted from: JISC Legal (2011) The Little Guide to Copyright. Bristol, JISC Digital Media. Available from http://www.jiscdigitalmedia.ac.uk/pdf/little-guide-to-copyright.pdf
    16. 16. What is third party copyright material?• Third party copyright = anything in which someone else may have vested rights of ownership
    17. 17. Fair dealing, criticism and review• What constitutes “a substantial part” is not clear cut – Substantial = qualitatively significant – Cornish (2009) gives the following examples: • a report’s recommendations and conclusions may be classed as a substantial part even if they are only 3 paragraphs in an 80 page report • Four bars of a symphony could constitute a substantial part because they encapsulate theme
    18. 18. Fair dealing, criticism and review• If you are using a “substantial” amount of third party copyright material in your thesis ...• ... and are unable to justify it for the purposes of criticism or review ...• ... you will need to seek permission for its inclusion in your thesis• It is a better strategy to ask for permission
    19. 19. Creative Commons• A way to propagate the reuse of work – Permits reuse without permission request – Some predefined limitations and restrictions can be applied – Internationally recognised• Recognised by search engines – Search for work that permits reuse – Some issues around sharing permissions
    20. 20. Recognising risk / levels of risk 1• Permitted (no risk) – Using your own work, where you remain the rights holder – Reusing items with permission or where copyright licenses/terms and conditions clearly permit use
    21. 21. Recognising risk / levels of risk 2• May be permitted under a fair dealing defence (some risk) – Reusing material under the fair dealing defence – Reusing extracts within a lecture or examination
    22. 22. Recognising risk / levels of risk 3• Not permitted (high risk) – Posting 3rd party material to the web without permission – Using large and significant extracts, images, diagrams etc without permission
    23. 23. 3rd party copyright: practical steps• Check the original item to see what is permitted – Website terms and conditions or copyright notices are useful guides• Some resources may offer licensed re-use – Creative commons licenses can be helpful• When in doubt assume items are in copyright – Permission must explicitly be sought – Many non-commercial rights holders will grant permission for eTheses – Some rights holders may expect fees and charges *you’re not expected to pay+
    24. 24. Sample Copyright notice Reproduced under Crown Copyright from http://www.bis.gov.uk/site/copyright
    25. 25. Seeking permissions1. Identify the rights holder2. Formally request permission to include item • Be specific about what you intend to use it for • e.g. for inclusion in an eTheses to be deposited in an open access repository3. Keep records of all correspondence • May need to show proof of permission4. Repeat request after 6 weeks if you haven’t heard anything • Try phone/e-mail/post etc5. Leave plenty of time to get all permissions
    26. 26. Sample permission request
    27. 27. When should you request permission?• The more time you give yourself the better• When you start your research, start to collect permissions• Don’t leave it until you’re about to submit!
    28. 28. Managing riskWhat if the rights holders don’t respond or you include anOrphan Work?1. Submit 2 versions • Edited thesis along with non-cleared items removed • Full version, including any corrections required by the examiners • Only the edited version will be made available2. Submit with the items included • Only for orphan works • Must have a documented record of attempts to trace rights holders • This is a higher risk strategyThe UoLRA operates a Notice and Takedown Policy for legal challenges
    29. 29. Confidential/Sensitive information• Does you thesis contain confidential or sensitive information? – Conditions of funding can restrict what can be shared – Commercial, ethical, national security or other confidentiality issues with content or data• Your options – Create an edited version with confidential/sensitive materials removed – Restrict access for up to five years
    30. 30. Thesis publication• Check what 3rd party materials rights were granted – Permission to include an item in a thesis does NOT cover including it in a different publication – Some CC licenses and other T & C’s allow scholarly use but not commercial publication• eThesis availability is sharing and not publication
    31. 31. Rights recap• Always attribute your sources• Never assume you have reuse rights• If in any doubts ask permission• Seeking permission will take time• Aim to manage and minimise your exposure to copyright risk
    32. 32. Practicalities
    33. 33. Submission process
    34. 34. Restricting access to your thesis• You can restrict access for up to five years• Reasons for restricting access include – Planning to publish from your thesis – Commercial confidentiality – Security – Ethical reasons• Requires both Supervisor and DDPR co- signature
    35. 35. Which version should you deposit• You must deposit the final accepted version after you have had your VIVA and after any amendments that were required by examiners have been made.• If your thesis contains third party copyright material and you do not have permission to use you may need to deposit two versions of your thesis – The full version including 3rd party material (this will NOT be made publicly available) – An edited version with the third party material taken out and replaced with a text description (this version will be available)
    36. 36. eThesis Submission• Your thesis must be submitted in PDF format – MS Word and other word processors have a Save as pdf function – PDF creation software such as Adobe Pro• Supplementary files can be included in other formats but please contact us for advice before you deposit your thesis• Submit your thesis online at http://research- archive.liv.ac.uk
    37. 37. Support and advice• Graduate School for thesis submission documents including the Thesis Access Declaration form• Library provides advice on archiving, copyright policies etc – E-mail: irhelp@liv.ac.uk – Telephone: 0151 794 2832 – Visit the Research Archive Office on the 1st floor of the Abercromby Wing of the Sydney Jones Library – Enquiries will be dealt with between 9:00 and 17:00 Mon – Fri.
    38. 38. Practicalities recap• Your thesis will be available from the UoLRA and ETHOS sites• It must be submitted in PDF format• Access can be restricted for up to five years – You must indicate this on the TAD form and have it co-signed by your supervisor and DDPR• Support is available throughout the process if required
    39. 39. Key points• eTheses help you by making your work more widely available• You are required by the University regulations to deposit your thesis electronically• You must get permission to include other people’s work (third party copyright)• Make use of the advice and support
    40. 40. Image creditsLegal disclaimerPumpkin Moon, Oak Park by Litandmore at http://www.flickr.com/photos/litandmore/2321110241/in/photostream/BackgroundVictoria Building, University of LiverpoolPadlocks by vpickering at http://www.flickr.com/photos/vpickering/5644094400/RightsFinal3 by TilarX at http://www.flickr.com/photos/tylerstefanich/2117633427/Linux Journal 144 by jonwatson at http://www.flickr.com/photos/heatsink/109078594/The Best of The Johnny Cash TV Show by shannonpartrick17 at http://www.flickr.com/photos/shannonpatrick17/3333759355/research by hackett at http://www.flickr.com/photos/hackett/140118311/CC logo by Creative Commons from http://creativecommons.org/about/downloadsY ahora? - Explore! by Lisandro M. Enrique at http://www.flickr.com/photos/latente/6199716355/Tight rope by hdc at http://www.flickr.com/photos/hommedechevre/2066658622/Nuts & Bolts Old by zebbie at http://www.flickr.com/photos/zebble/9621007/

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