eTheses and copyright Clare Scott, Faculty Librarian for Arts & Humanities, University Library November 2009

Key areas Some background information Third party copyright Plagiarism/unfair means Embargoes Access to Thesis form Q&A

General Regulations for Higher Degrees by Research, 2008–09 Regulation 40: “Three copies of the thesis and an additional copy of the summary must be submitted to the Registrar and Secretary. The thesis shall be properly bound using the University Print Service. When a thesis has been approved, one bound copy shall be deposited in the University Library. Students registering from 2008–09 onwards will additionally be required to submit the final copy of their thesis in electronic format, in accordance with the University's procedures for e-theses.”

What this means in practice eThesis submission is mandated for all PhD registrants from September 2008 All current PhD students are being strongly encouraged to submit in electronic form Three print copies of thesis still required at submission Students will upload the “final, examined and awarded” version of their eThesis to White Rose eTheses Online

Benefits to students Your thesis will be read Will be picked up by anyone doing a keyword Google search Thesis is immediately available for consultation world- wide Potential impact on and contribution to profession/subject area much more immediate than in traditional form Indicators for career progression Development of career skills: self-marketing; handling of copyright

What is copyright? A legal property right. There is no need to register copyright. Copyright Designs and Patents Act 1988 Materials subject to copyright Literary, dramatic, musical works Artistic works Sound recordings, films, broadcasts Typographical arrangement The Copyright Regulations 2003 (European Directive) Commercial and non-commercial copying

Who owns copyright? The primary author of the work As it is a property right it can be bought, licensed or sold to someone else or left as a legacy Copyright can be owned jointly where there are joint authors An exception is work carried out in the course of your employment: copyright belongs to your employer

How long does copyright last? In the EEA (including UK) copyright in published literary, dramatic and musical works lasts for 70 years from the end of the calendar year in which the author dies Copyright in films lasts for 70 years after the death of the last author Copyright in sounds, recordings or broadcasts lasts for 50 years after the broadcast Copyright in typographical arrangements lasts for 25 years Copyright in anonymous works lasts for 70 years after last publication

Principle of Fair Dealing Permitted acts – allows limited copying without permission provided it is ‘fair’ – A “defence”…. Criticism and review of publicly available works (unpublished material excluded) This is the ‘defence’ that could be used for including a short extract in a thesis

Third Party Copyright in Theses Traditionally it has been acceptable to include 3 rd Party Copyright in print theses under the examinations exception Online theses are being “made available” and this is a form of publication so it may be necessary to seek permission It has always have been good academic practice to seek permission

What constitutes third party copyright material? Extracts from publications e.g. books or journals Illustrations e.g. images, maps, photographs, tables, models etc. Music scores Photocopies of published articles (entire) Unpublished material Film

Short quotations If third party material is a short quotation from a published work, acknowledged and referenced correctly, this may be included A defence of Fair Dealing for the purposes of “Criticism and Review” Such extracts should be “insubstantial” – this term is not defined If in doubt ask yourself whether you would consider your rights had been infringed if someone else used a similar quotation from your work

Referencing It is important to acknowledge your sources correctly It is also important to reference correctly to avoid accusations of Plagiarism Advice from the Library on referencing styles available via the Information Skills Resource in

Unpublished material Manuscripts, photographs, accounts, minutes etc. If author dead more than 50 years and work over 100 years old it is probably out of copyright. Most unpublished works will still be in copyright until 2039, including photographs

Getting Permission 1 If the material used is more than seventy years old then it may not be necessary to apply for permission If your extract is short you may not need permission Identify rightsholders – start with publishers This can be difficult if they have died and you cannot contact the Estate/relatives – Orphan Works

Getting Permission 2 Contact information – written permission is needed (you could use ) Precise details of material usage, e.g. the page numbers or figure numbers Details of how/where the requested material will be used including that it will be included in a repository and published on the internet

What to do if permission is granted Indicate this at the appropriate point in the thesis e.g. “Permission to reproduce… has been granted by…” Keep a copy of any letters or s you received from the rights holders

What to do if permission is not granted Some rights holders may request payment for copyright permissions or you may not be able to trace a rights holder Consider embargo or editing [dealt with later…]

Scenarios Using extracts from several Ted Hughes poems throughout a thesis Using an illustration or photograph from a book Photographs (not taken by the author of the thesis) or copies/scans of artwork from galleries/exhibition catalogues Photograph of a publicly displayed artwork e.g. Angel of the North taken by the author

Plagiarism/Unfair Means “The more theses appear on line, the fewer will be the chances of carrying on successful plagiarism” (EDT Guide, 2007) Increased visibility of theses and dissertations Need to ensure our theses are free from plagiarism before publishing It is important to avoid accusations of plagiarism by referencing correctly!

Embargo of theses Main reasons: Commercial sensitivity Patent application pending Political sensitivity/issues of national security Privacy of individual Prior publication rgo.html Duration unspecified and should be agreed with supervisor

Embargo of eTheses Where conditions for print occur Where e could be construed as prior publication Where clearance for all third party copyright material is NOT obtained Still require upload of e if embargoed

Embargo of p vs. e Theses There will be times when the eThesis is embargoed – e.g. third party copyright – but the pThesis is not Metadata for the thesis would be available on the server and give rise to requests for borrowing

An alternative to e-embargo Edit the eThesis to remove material for which clearance not obtained fully, replacing with reference partially, to fall within fair dealing provisions, also providing reference p thesis in final, examined and awarded version must NOT be edited In all cases, eThesis must be annotated at point of change, noted on title page and on Access to thesis form

Access to Thesis form New form will require you to complete questions about access to and embargo of your e and p thesis Includes additional protection for you as an author via Creative Commons licence [by-nc- nd] To be bound in pThesis (as currently) and to be front page of eThesis

Uploading Theses will be held at White Rose eTheses Online

Documentation Code of Practice for Research Degree Programmes includes eTheses details eTheses FAQs are available for download and reading at pyright.html pyright.html on the PGR ‘How to’ pages Additional copyright information available on Library web pages at and linked to eTheses FAQs

Q&A?