Most materials embodying some form of human expression will be protected by copyright. These materials may include books, journals, essays, presentations, photographs, paintings, maps, diagrams, scripts, musical scores, films, sound recordings and computer programs.
The Copyright Act 1968 (Cth) provides copyright owners (usually creators or publishers) with the right to deal with material in a broad range of ways including reproducing it (in hardcopy or electronic form), modifying it, performing it in public or adapting it (e.g. adapting a novel into a screenplay or translating a book into another language). You are not permitted to use (by copying, performing, reproducing etc.) another person’s material without the copyright owners’ consent or without a statutory exemption. If you do, you will have infringed copyright and may be sued by the copyright owner.
The Copyright Act 1968 (Cth) allows students and researchers to use copyright material without the permission of a copyright owner, in circumstances where the copy or reproduction is for the purposes of research or study and where it is a “fair dealing”. Students and researchers cannot rely on this exemption to publish their research or make the material publicly accessible online and written permission from the copyright owner is required if third-party material is used.
As a general guide, students can use or copy the following material under this exemption:
Source | Fair Dealing guide |
|---|---|
Academic journal or periodical publication | One article per edition, or more than one article if each article relates to the same research or course of study |
Literary work of no more than 15 pages published in an ‘anthology’ (book of poems, collection of writings) | The whole work if it is less than 15 pages |
Literary, dramatic or musical work (excluding computer source code) in hard copy form of 10 pages or more | One chapter, or 10% of the total pages (whichever is greater) |
Literary, dramatic or musical work (excluding computer code, electronic musical notation or electronic compilations (including databases)) in electronic form | One chapter, or 10% of the total words (whichever is greater) |
If you wish to use more than this, or you wish to use other types of material (artistic works, computer programs, films, music, software or games, unpublished material), you will need to be able to demonstrate that your use was “fair” based on the factors listed below:
As a matter of general academic integrity and compliance with the Copyright Act 1968 (Cth) you must always acknowledge the creators of the work which you use. However there is a common misconception that so long as the creator and/or copyright owner are properly attributed, you can deal with that work as you wish. This is incorrect.
Having copied works within the guidelines set out above, and having properly attributed such work, students should be aware that they will infringe the rights of certain creators of copyright material if they distort the work, or otherwise deal with the work, in a manner which is prejudicial to the creator’s honour or reputation.
As an ECU student (including a PhD student), you own any applicable copyright in your original work, including assignments, essays, projects, exam answers, theses and original productions, unless you have agreed to an alternative arrangement.
Where a group project is produced, the copyright ownership may be jointly shared by members of the group.
If your thesis contains third-party copyright materials, such as photographs, tables, diagrams or illustrations, you will not generally be able to rely on fair dealing exemption (described above) to publish your material. It is recommended that you seek the permission of those third parties before proceeding to publish your thesis.
There is no need to, and indeed no real means to, register material that you create in order for copyright to protect your work. Copyright protection usually arises upon creation of the material. However, if you are concerned about proving that you are the copyright owner, retain drafts of your material or show it to a reliable witness and ask them to sign and date the work.
For more information, see the Library's Submit a thesis page.
If you have any copyright related queries please see your librarian, lecturer, supervisor or tutor. Students and researchers may also wish to look at copyright resources available from the Australian Copyright Council or ArtsLaw.