Faculty of Medicine, Dentistry & Health

Copyright Document for Postgraduate Research (PGR)

The Faculty is committed to training PGR students to the highest standards and in line with skills and attributes as identified in the Researcher Development Framework (for more information see http://www.vitae.ac.uk/researchers/1218/Postgraduate-researchers.html). The ability to produce a piece of academic work for publication (be it a full manuscript or eThesis) is one of the ways in which students can demonstrate that they have acquired and applied these skills and it encompasses all 4 domains of the Framework. In producing a piece of work for publication, including the eThesis, students must comply fully with UK copyright law.

Detailed explanations of UK copyright law and acceptable code of practice can be found on The University of Sheffield’s Library webpages. For further information, see http://www.sheffield.ac.uk/library/services/copyrigh

With respect to producing a thesis, it has always been good academic practice to acquire permission for use of third party material in anticipation of future publication of all or part of a thesis.

With the introduction of eThesis this is now required across the Faculty. Thus, students must have permission to include any third party copyright material in their thesis, and could be asked to produce evidence of this at the time of thesis submission or during a viva voce.

Advice from The University of Sheffield Library is as follows:

What constitutes third party copyright material?

Third party material is copyright material such as lengthy quotations and extracts from publications such as books or journals; illustrations such as images, maps, graphs, photographs (even when posted on the internet see http://www.theguardian.com/media/greenslade/2013/nov/26/news-photography-medialaw ), tables or models; music scores; sound recordings; entire photocopies of published articles and film.

Third party copyright in unpublished material

Unpublished material may attract copyright in manuscripts, accounts, minutes etc. If the author, artist or creator has been dead for more than 50 years, and the work is over 100 years old, it is probably out of copyright. However, most unpublished works will still be in copyright until 2039 and this includes photographs.

Including third party material in an online thesis under Fair Dealing

Short quotations from third party material in a published work may be included under the

Fair Dealing exceptions under the Copyright Designs and Patents Act, 1988. Such extracts

must be "insubstantial", although this is undefined under the law. Fair dealing is an undefined term that only applies to specific purposes: research for a non-commercial purpose or private study; criticism or review; or news reporting. Non-commercial is undefined, but is likely to mean the non-commercial nature to which the copy is used rather than the status of the organisation or individual making the copy. Extracts should be no longer than necessary for conveying the author´s ideas and provide the basis for the quoting author´s comments on those ideas. If in doubt you should ask yourself whether you would consider your rights had been infringed if someone else used a similar quotation from your own work. An image is normally considered a piece of artistic work in itself and requires permission for use.

Seeking permission

If you judge that the extract you are including falls outside the defence of Fair Dealing (i.e. an image) you should seek permission for the inclusion of that material in your thesis and acknowledge this accordingly. If you decide upon this course of action you will need to identify the rights-holder. This can be difficult if they have died and you cannot contact their estate or relatives. The first port of call would usually be the publisher of a published work. Either they will be able to give permission or advise you that the author is the rights-holder and pass on any relevant contact details. Publishers often have Rights and Permissions sections with contact details that can easily be found from their websites. You will need to get written permission, although email can be acceptable provided you keep evidence of all your correspondence. You will need to be precise about the details of the material, such as the page numbers or figure numbers. You will also need to be specific about how and where the requested material is to be used, indicating that it will be included in a repository and published on the Internet. Please be aware that illustrations in books often have a rights- holder of their own, who will probably need to be contacted separately.

How to get copyright permission to use an image from a published manuscript:

(N.B. this is much quicker and easier than re-drawing a figure – which is still a violation of copyright!)

Most journals have a direct link on the article’s web page to seek permission (see red circle)

Which when clicked will open up a dialogue box

Select “post on a website” and the form is further populated – answer the questions appropriately to get a price:

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For this use and this journal the permission is not granted immediately – it needs to be reviewed first and you will receive email notification.

Subsequently the permission is granted and it is free of charge – BUT you still have to actually obtain a license through Rightslink (register as a user for Rightslink/Copyright Clearance Centre at www.Copyright.com ).

Again follow the instructions and obtain the license which can then be printed off and is also stored in your Copyright.com account.

Proforma for seeking permissions if the publisher does not have a permissions link:

This is a suggested wording you can use when contacting publishers:

“I am a postgraduate research student at the University of Sheffield working towards my thesis on (insert title of thesis). I wish to include the following extract in my thesis which and am contacting you as the author or rights-holder:

[Provide a full citation for the work or specific item e.g. an image that you wish to include e.g. Norman, Sandy (2004) Ch.2 Exceptions and limitations:statutory permissions to copy in

Practical copyright for information professionals: the CILIP handbook. Facet Publishing, p.16-

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Fig.5 The golden torques of Rhenen, Achterberg (photograph Centraal Museum) in Besteman. J. C. et al. (eds.) (1990) Medieval archaeology in the Netherlands: studies presented to H.H. van Regeren Altena. Van Gorcum, p.15]

I wish to include this work within the print and electronic version of my thesis, which I am required to deposit in White Rose eTheses Online repository (http://etheses.whiterose.ac.uk/). The repository is non-commercial and openly available to all.

I would be grateful if you could advise if this will be acceptable.”

What to do if permission is not granted

If you cannot trace the rights-holder or they do not reply then you cannot make your thesis available electronically without further action. The options are to remove the extract fully and replace with a reference or reduce its size to what would be considered within `fair dealing´. If you wish to retain the original material in full then you may submit your thesis in print and either embargo your eThesis fully or edit it to remove the third party material and provide suitable annotations. It is further possible that the rights-holder will give permission but make a charge and, if you are unwilling to pay, the options above can be considered.

I have published my work BEFORE submitting my Thesis – can I use the same images/text?

Although as the author of the work you initially own the copyright – when you publish the material you normally transfer your rights to the publishers of the journal. In which case, the wording on the copyright transfer agreement should be looked at very carefully. For example, FASEB Journal states on its website that it will not charge authors to reuse their own material, including republishing in not-for-profit organizations. HOWEVER, you still need to obtain permission.

The university offers advice about copyright transfer agreements here

(http://www.sheffield.ac.uk/library/services/copypub), and you should be aware of what you are signing and that you have the right to ask for a different agreement (doesn’t mean it will be granted though!)

Useful resources

on Sheffield on iTunes U can be found at https://itunes.apple.com/gb/itunes- u/clare-does-copyright/id895395998?mt=10

Before completing any academic writing for publication, please watch the lectures Copyright for eTheses and go over the scenarios and answers at http://www.librarydevelopment.group.shef.ac.uk/shef-only/research/etheses.html (University log in required)

For more extensive information regarding copyright, including your own copyright work, please see http://www.shef.ac.uk/copyright