Dissertation Research Guide – Understanding Copyrights

As a part of any research-based project, dissertations call for the use of information, knowledge and opinions of other writers. There is great debate at times regarding such use, particularly with the recent rapid changes in copyright laws. Distinguishing “fair use” from copyright violations is often a matter of intent.

Copyrights

Copyrights are the legal rights the creator of an intellectual work has to the distribution, use and profits from that work. Stories, books, articles, letters, musical works, drawings, painting, sculptures and other creative expression of ideas are all subject to this copyright.

Copyright laws prohibit the unauthorized reproduction and distribution of any creative or intellectual product that has been put into tangible (written or physical) form. The mere purchase of a copyrighted work does not convey copyright authorizations unless otherwise stated.

Students are as liable as anyone else in our society for violations of copyright works, though few are ever prosecuted in a courtroom if there is a violation. College instructors normally detect such violations and the student is subsequently sanctioned for plagiarism. The sanctions can range from a failing grade on the assignment to total expulsion from the education institution.

Note that copyrights begin the moment the work is created. Registration of a copyrighted work with the government is a formality of copyright, not a prerequisite.

Fair Use

Fortunately, there is still a loophole which allows limited, unauthorized use for a variety of purposes including, but not limited to:

• News Reporting
• Commentaries
• Parodies
• Research
• Education

Part of the distinction between violations and fair use is the user’s intent. Reproducing an article from a major newspaper or a portion of a book for use in critiques or as support materials for one’s own work is probably covered under the “Fair Use” law of the United States. Copying such an article for use in a newsletter simply to save yourself the time of writing one yourself probably isn’t covered.

Internet Resources

The “fair use” exemption applies to Internet resources in the same manner. Photos, graphics, videos and music found on the Internet are not public domain, simply by being posted to the Internet. Though the doctrine of fair use might include such resources, the same rules apply as for written materials. Before ever using such elements for other purposes, you should inquire with the website owner regarding copyright permissions. Do not simply ask to use the image or other resources … ask if the site owner has such authority, first! If they do not have such authority, ask if they know who does and repeat the process.

Additional Points

Unlike the traditional argument of “it’s better to ask forgiveness than permission” does not apply in the case of copyrighted materials. When in doubt, it is better to ask permission for the use of any materials that might end up publicly published (i.e. outside of your classroom or dissertation process) whether in print or on the Internet. Unless a resource is clearly in the public domain, assume that it is copyrighted and act accordingly.

Remember, in an academic environment, even fair-use materials must be properly cited to give appropriate credit for the original source.

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