Copyright for science postgraduates

Megan Deacon University Copyright Office Monash University

University Copyright Office

Copyright Adviser: Megan Deacon

Contact details: 9905 5732

University.Copyright@monash.edu

I am not the copyright police. I am

here to help!

What is copyright?

Protects the expression of an

idea when recorded in material form, but

not the idea itself

• Material forms: Images, tables, text, films, sound recordings, sheet music, computer codes, websites, etc.

© + name + date • Signifies ownership. Absence of

this does not indicate absence of copyright.

Rights in copyright material

• Economic rights: Exclusive rights to copy, place online, publish, adapt, perform, record,

• Moral rights: attribution & integrity-use that doesn’t harm creator’s reputation

In Australia, protection is

automatic

• Different levels of copyright can exist within a single work

• Duration of copyright is the lifetime of the author + 70 years – at which point material enters the public domain

Who owns copyright in theses and research?

Monash IP statute

Students own copyright in their unpublished thesis

may share copyright/IP in other research output

Research Outputs and Authorship Policy and procedure

research collaboration - with staff or other students:

copyright is jointly owned by all authors

– where parts of the document specific to each author

: no joint owners of the whole.

– If student contributing ideas only, may not be

protected (contribution needs to have been

documented for copyright protection)

Who owns copyright in theses and research?

Research:

– Students and Academic Staff: own copyright of their

research, unless they sign an agreement to the contrary

Thesis-by-publication:

– Most agreements require transfer of copyright to the

publisher

– Permission from publishers:

• Not Required: to submit thesis for examination

purposes (fair dealing for research and study

exception applies)

• Required: for publishing theses including in Monash

Research Repository

Republishing your research articles online

(social media, academia.com etc)

Many publishing agreements restrict use you can make

of your own work once published

Check publisher agreement – what does it say about

institutional repositories? (eg Monash Research

Repository)

– Is there embargo period? Is there a limit on where

you can post article? Eg personal website only not

linkedin, academia.com or researchgate

– Is there a restriction on which version goes online?

Eg Preprint or postprint only, link to publisher

version required

Publisher policies: how do I check?

If don’t have copy of agreement - ask publisher for

permission directly (safest approach)

Can check publisher website for policies on republishing

Can check database for publisher policies – Oaklist (Aus)

http://www.oaklist.qut.edu.au/ and Sherpa/Romeo

http://www.sherpa.ac.uk/romeo/

– States whether can republish article, which would

include publishing thesis chapters that based on

published or forthcoming articles

You do not need to ask for permission when

submitting for examination, only if publishing, which

includes posting online

ARC/NHMRC requirements to make available

open access copy of research

Do not pay for open access!

Deposit in Monash University Research Repository (free).

This complies with grant conditions

But if author transferred copyright to publisher, no longer

controls the right to place work in repository

Will need to check publisher agreement as to what deposit

is allowed (eg may be embargo for 1 year) or must ask

publisher for permission

Researchers wont have to deposit if © obligations in

publisher agreements prevent it

Just need to note in report why can’t comply with OA

Using other people’s work

3rd Party Content: in

published work

Fair Dealing exceptions in Copyright Act

If content is used for criticism, review, parody or satire, exception may

apply – seek advice

Allows for reproduction for examination

purposes, but not if publishing

Permission required for significant content in

thesis or research

Significant = graphic/visual or audio-visual & text exerts >1%

of source work

For further information on Fair Dealing: http://www.copyright.monash.edu.au/research/fair-dealing.html

NB: Moral rights provisions require all reproduction of work to be acknowledged.

Citation of an author does not equate to copyright permission.

Monash eThesis Policy: electronic submission

Library Release/ Thesis

Contributor Agreement

…completed & submitted by all

PhD candidates at submission. This

form governs access to both

electronic and hard copies of theses.

Section 3 of Library Release

form outlines electronic

submission requirements and

exemptions.

Section 4 allows for selection of

eThesis access:

- Open; or

- Restricted

Purpose: to facilitate storage and preservation of theses, whilst improving access to research

by publishing theses online in the Monash University Research Repository (formerly ARROW)

Open: Subject to any embargo (section 2 Library Release Form), will be published online

immediately, including bibliographical details and the full text of the thesis. If copyright

permissions can’t be obtained should restrict access. This includes permissions for own

work in thesis by publication.

Restricted: Will not be published online unless authorisation is provided. Bibliographical

details, title, and abstract of the thesis will be available only. (Note: abstract should not

contain confidential or patent information). Full text still available on request for research.

Library release form: section 4

Section 4 library release form

Section 4: Conditions of eThesis Access (Please select the appropriate response)

Open access

Subject to any embargo, the eThesis will be published online immediately. The worldwide research community will have access to the bibliographical details and the full text of the thesis.(Go to section 5)

Restricted access

eThesis will not be published online unless authorisation is provided. The worldwide research community will only have access to the bibliographical details, title, and abstract of the thesis. (Go to section 6)

Seeking permissions

Records of copyright

permission must be

kept:

Permission must be from a legitimate copyright owner

Permission must be in writing (email acceptable)

No response does not mean permission granted! Allow sufficient time to obtain & follow up.

Students are required to sign-off

that they have obtained the

necessary copyright

permissions…

For further information: http://www.copyright.monash.edu.au/students/permission-

research-student.html

In Conclusion…

Ownership

• Students: copyright of their thesis content

• Students & Academic Staff: own copyright of their research, unless they sign an agreement to the contrary eg to publish articles in journals or chapters in books

Permissions

• Needed for use of significant 3rd party content (>1% of text, any images or figures)

• For publication purposes but not examination purposes

Copyright & Citation

• Copyright permissions can take time, be organised

• Whilst all sources must be cited, citation does not equate to copyright permission

More information Copyright enquiries: 9905 5732 (or x 55732) email University.Copyright@monash.edu website www.copyright.monash.edu.au

MIGR website: http://www.monash.edu/migr

‘Preparing an eThesis for publication’ podcast: (authcate required) http://intranet.monash.edu.au/migr/seminars/podcasts/p17/index.php

eThesis: http://intranet.monash.edu.au/migr/candidates/exams/ethesis/index.html Doctoral Degrees Handbook: (particularly Chapters 6 & 7) http://www.monash.edu.au/migr/research-degrees/handbook/content/ Copyright Guide for Research Students: (Oak Law project, QUT) http://www.oaklaw.qut.edu.au/publications