Copyright for Students
Using copyright material for your study or research
As a student you have the ability to rely on an exception in the Australian Copyright Act called ‘fair dealing’. Fair dealing means that you can use copyrighted works for your own research and study purposes without seeking permission of the copyright owner, as long as the use is considered ‘fair’.
General guidelines for ‘fair’ use are outlined below
- 10% of the pages or one chapter of a book, or one article from a journal issue.
- One article from an issue of a journal (or more than one if the entire edition is on the same topic).
- 10% of notated (sheet) music.
- An insubstantial portion of an audio-visual work.
- 10% of the words from an online or electronic source that is not divided into articles or chapters.
Please note: ‘Fair Dealing’ is not the same as ‘Fair Use’. ‘Fair Use’ is an American copyright concept that allows for broader use than ‘fair dealing’.
- Copyright also applies to the Internet. Just because you can access material freely on the Internet does not mean you are free to use it for any purpose. Always assume that anything you find on the internet is covered by copyright.
- You will need to check the material you want to use for any licence that might inform you of how you can use it.
- Look for material that is covered by a Creative Commons licence as this material has been shared with a licence which permits you to reuse the content.
- Where possible, link to the material or site in preference to downloading the content. However if the site looks like it actively infringes copyright don’t even link to it.
- You can legally copy a CD or recording that you own onto your iPod, MP3 player, hard disk or car stereo for your own private and domestic use under the Copyright Act.
- There are many internet sites offering free downloads of music, TV shows, movies and computer software. Unfortunately, many of these are illegal sites and much of the material on offer is pirated and has been made available without the copyright owner’s permission.
- It can be very tempting to download music, movies and TV shows but it is dangerous, as you may be infringing copyright and committing a crime. The movie, music and software industries actively protect their intellectual property and use of file sharing services can be traced easily.
- The Acceptable Use of ICT Facilities and Devices Policy prohibits the use of University computers and other ICT resources to download and store copyright material which is not properly licensed. The University reserves the right to monitor the use of ICT resources, and penalties can be imposed for improper use of University resources. These can include loss of access to ICT facilities, disciplinary action and even suspension of candidature.
- If you are using a reasonable portion of copyright material, you will still need to attribute (cite) where you got the material from. The requirement to acknowledge the creator of a work is part of the moral rights section of the Copyright Act.
- Acknowledging the source of the work is not the same thing as seeking permission for your intended use. You will need to seek permission if your use does not fall under any exceptions to the Copyright Act.
- The CQUniversity Moral Rights and Intellectual Property Policy outlines copyright ownership for materials you create as a student. In the majority of cases you own the copyright for any material you create as a student at CQUniversity.
- If you wish to post your work to an external site or publish it in another form, and you have included copyright material owned by a third party (not you) you will need to seek permission from the copyright owner for that use.
- If you wish to post your work to an external site or publish it in another form and your work is substantially similar to the original copyright material in some way, or it can be seen to be clearly derived from the original you will need to seek permission from the original copyright holder to publish you work.
- The Copyright Act 1968 allows institutions to copy materials in order to assist students with a disability that causes “the person difficulty in reading, viewing or hearing copyright material in a particular form.”
- Under certain conditions, universities may be able to make sound recordings, Braille versions, large-print versions, translations and photographic/picture versions of literary or dramatic works for students, without infringing the copyright owner's rights.
- However, the university must first make a reasonable investigation (i.e. contact the publishers/vendors) that the version required by the person with the disability is commercially available within a reasonable time period at an ordinary commercial price.
- All copies made for CQUniversity must be requested through the Accessibility and Equity Service. Please contact accessibility@cqu.edu.au for details.
- The Australian Copyright Council has produced Print Disability Copyright Guidelines which are available for download.
Australian copyright law has not yet been updated to consider the implications of content created by Artificial Intelligence, such as ChatGPT or Adoble Firefly. Currently in Australia copyright is not present in works created by non-humans. However there is current debate underway about how much “independent intellectual effort” someone needs to apply when using AI tools before copyright is present.
As there is currently no copyright protection for content generated from AI tools, there are no limits (under copyright law) on the portion of these works that you can use. However, it is best practice to reference use of AI when sharing content. You should also be aware that, some AI tools have made use of content that has been uploaded without the permission of the copyright owner and this may have future legal implications.
Further information on this topic is available from the Australian Copyright Council Factsheet: Artificial Intelligence & Copyright.
If you want to use AI generated content in your assessment you should follow the “Guidelines for Referencing Large Language Models or Artificial Intelligence in Assessments” to ensure you are meeting CQUniversity’s academic integrity requirements.
There are some key issues you should also be aware of:
- Licence agreements for published papers or resources you access via ‘Library Search’ may prevent you from uploading them to an AI tool. Make sure you read the terms and conditions prior to uploading content to any AI tool.
- Some AI tools have made use of content that has been uploaded without the permission of the copyright owner and this may have future legal implications.
Copyright in Your Thesis
Copyright allowances with regards to thesis can seem be daunting. However this can be broken down into a few key areas.
When writing your thesis for submission and review you have a much greater level of flexibility in the use of copyrighted material created by others, than when you proceed to publication (which includes depositing a copy of your thesis in aCQUIRe, CQUniversity’s Institutional Repository). Since the creation of your thesis is considered a research or study purpose you can make use of and include any content covered by the Fair Dealing guidelines.
Below is a list of common resources that you may want to include within the published version of your thesis. They are sorted into 3 categories based on if they can be included or not
What you can do:
These can be included in your published thesis requiring only citation:
- Open Access material used under a Creative Commons license.
- Quotes from published and copyrighted work – these must be an insubstantial portion which is usually a reasonably small size. You will need to be careful including quotes from short works such as songs, or poems as even very small portions can be considered as substantial.
- Content/ images that you have created yourself, that have not been previously published elsewhere.
- Any material where the copyright of the work has expired.
- Copyrighted work that you have obtained a licence to use.
You need to be aware:
You may need to seek permission from the copyright owner for the following content:
- Any content you have written which has been already published. Step one is to review the publication agreement or guidelines for authors of the journal’s website. These will be able to let you know if you have permission to reuse your previously published content.
- Images adapted from a published work or found online with no open access license. If significantly adapted (i.e. more than just changing fonts and colours),it may be able to be used with just a citation.
See further advice or ask permission:
You will need to request permission from the copyright owner to include this content in published thesis:
- Non Open Access images created by someone else – including graphs, photos, artwork, diagrams. These can be either a part of a larger published work (ie included in a book) or images that are works in their own right.
- Any third party content in an amount greater than that allowed for citation purposes. Third party copyright is when the rights to materials you want to use belong to someone else. As an example these materials may include maps, images including images of artworks or images downloaded off the internet, extracts of text, music scores, photographs or figures. Third party copyright material also includes journal articles you have previously published. It depends on your publishing agreement, but there is a chance you may not actually hold the copyright ownership over this material. You may have assigned copyright to the publisher. For information on what you can do with content that you have already published please view our ‘What Can I Do With My Journal Articles” information on the Copyright for Research page.
- Permission from the copyright owner is required to reprint excerpts of musical works in published theses.
If you need to use copyrighted content for more than reasonable portion allowances you will need to request permission from the copyright owner. You can use the permission request for this.
Who to contact
The table below provides recommendations for the first point of contact in seeking permission to use copyrighted material.
Type of content | Recommended 1st Contact |
---|---|
Published written content (including books and journal articles) | Publisher |
Unpublished content | Author |
Artistic visual work (includes photographs and diagrams) | Creator |
Commercial audio-visual content (including films, television or radio broadcasts) | Production company |
Music (scores and notation) | Publisher |
Published recorded music | Record company |
Audio-visual content published via streaming platforms (YouTube, Soundcloud etc) | Original creator |
Online images | Original creator (Not sure of the Original creator, look for the image on TinEye. |