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Copyright Guide

This guide will help you to find out how copyright affects your study, research and work here at the University of Derby. Please note that information on these pages is for guidance only: it should not be construed as formal legal advice.

What is third-party content?

Any material created by an outside source (person or company). Can include artwork, photographs, maps, logos, video footage, long excerpts of text. These works are usually protected by IP such as copyright or trademarks. This can also include any of your previous published works if you have signed a Copyright Transfer Agreement or an Exclusive Licence to Publish contract with a publisher. 

Tips for copying third-party material legally

There are a number of ways that you can copy third-party material within your work legally. You can:

  1. Seek written copyright permission from the rightsholder. You would need to be clear about your purpose and explain about the open access conditions of your Author Accepted Manuscript on UDORA and also explain what the conditions of your published version will be too. 
  2. Use third-party content which is not under copyright protection. This could be because the copyright protection has expired and is now in the public domain. Alternatively it could be because the creator has given up their copyright, doesn't want attribution and has put their work in the public domain - this is commonly referred to as Creative Commons Zero or CC0.
  3. Use licenced material such as works with a Creative Commons licence or Open Government Licence. Make sure that your usage fits the terms and conditions of the licence. If your purpose is not within the licence conditions, you will need to seek written copyright permission. 
  4. Check for a 'Rights and Permissions' link near the published online article. Some US publishers such as Elsevier or Sage have an agreement with the Copyright Clearance Center called Rightslink. If you want to re-use any diagrams or tables, etc. within a journal article then click on the link and fill out the form. They may charge a licence fee depending on your use. 
  5. Use the copyright exception "Criticism, Review, Quotation and News Reporting (S30, Copyright, Designs and Patents Act 1988). You would have to ensure that your use is fair (legal term: fair dealing) and you have used no more than is necessary to make your point. This exception only applies to already published works. There would need to be evidence of a discussion about the third-party material. You must provide sufficient acknowledgement of the author and source. There is no statutory definition of fair dealing and therefore you would need to decide if the amount you have used is lawful or infringes copyright. Read 'Fair Dealing' and copying legally for more information.