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Research Ethics and Academic Integrity

Intellectual Property and Copyright in Research

Intellectual property (IP) refers to creations of the mind, such as inventions, literary and artistic works, designs, symbols, names, and images used in commerce. As a student, it's important to understand IP and copyright in the context of your research to avoid plagiarism and ensure you are giving proper credit to the work of others.

Understanding Plagiarism

Plagiarism is the act of using another person's work or ideas without giving them proper credit. This can include:

  • Copying text directly from a source
  • Paraphrasing someone else's work without attribution
  • Using someone else's ideas without acknowledging them

Plagiarism is a serious academic offense and can have significant consequences, including failing grades, academic probation, or even expulsion from the university.

To avoid plagiarism, it's crucial to properly reference and attribute all sources used in your research, including books, articles, websites, and other materials. This means providing a citation for every piece of information or idea that you have taken from another source. There are several referencing styles, such as Harvard, APA, and OSCOLA. The specific style you use will depend on your discipline and the requirements of your course or program.

Copyright is a type of intellectual property that protects original works of authorship, such as literary, dramatic, musical, and artistic works. Copyright gives the creator of a work exclusive rights to:

  • Reproduce the work
  • Distribute copies to others
  • Perform, show, or play the work in public
  • Communicate it to the public
  • Make an adaptation or do any of the above in relation to an adaptation

When using copyrighted material in your research, it's important to obtain permission from the copyright holder or to ensure that your use falls under an exception to copyright law, such as fair dealing for the purposes of research or study.

Exceptions to Copyright Law

There are a few exceptions to copyright law that may allow you to use copyrighted material without permission in certain circumstances. These exceptions include:

  • Fair Dealing: Fair dealing allows for the limited use of copyrighted material for purposes such as research or study, criticism or review, or reporting news. However, the amount of material used must be fair and reasonable, and you must always attribute the source.
  • Educational Use: There are specific exceptions for educational use of copyrighted material. Use in dissertations or theses would fall under this. However, these exceptions are subject to certain limitations and conditions (see below for examples).

Important Considerations for Students

  • PhD Theses and Dissertations: When you publish your PhD thesis or dissertation in an institutional repository (like UDORA), it's important to note that this counts as publishing. Therefore, you must obtain permission for any third-party copyrighted material used in your work or redact it before publication.
  • Unpublished Archived Material: Unpublished material held in archives and records does not fall under any of the exceptions to copyright law. You must seek permission from the copyright holder to use any such material in your research.

Additional Considerations

  • Public Domain: Works in the public domain are not protected by copyright, usually due to expiration, and can be used freely without permission.
  • Open Government Licence: Allows free use and re-use of Crown copyright and other public sector information, as long as the source is acknowledged. It permits copying, sharing, adaptation, and commercial exploitation of the licensed material.
  • Creative Commons Licenses: Some creators choose to license their work under Creative Commons licenses, which allow for certain uses of their work without permission, as long as the terms of the license are followed.
  • Content licensed under other open licences: Several other licences exist that allow for free use and reuse of content, such as the MIT License (often used for software), the GNU General Public License (GPL), and Against DRM (for artworks).
  • Content with specific permissions granted by the copyright holder: Some copyright holders may explicitly grant permission for certain uses of their work, even if it's not under a formal open licence. This could be through a statement on their website, a direct communication, or a specific agreement.
  • Works specifically created for free use: Some creators produce content specifically for free use, such as stock photos or music libraries with royalty-free tracks. These may have specific terms and conditions attached.

It's important to always check the specific terms and conditions associated with any content you want to use, even if it seems to be freely available. When in doubt, seeking permission from the copyright holder is always the safest approach.

  • Copyright: A type of intellectual property that protects original works of authorship, such as literary, dramatic, musical, and artistic works. Researchers must respect copyright law when using others' work, ensuring proper citation and obtaining permission when necessary.
  • Creative Commons Licences: Licences that allow creators to share their work with others while retaining some rights. Researchers can use works licensed under Creative Commons, but they must adhere to the terms of the specific licence.
  • Fair Dealing: A legal exception to copyright law that allows for the limited use of copyrighted material for purposes such as research or study, criticism or review, or reporting news. Researchers can rely on fair dealing to use copyrighted material in their work, but they must ensure their use is fair and proportionate.
  • Intellectual Property (IP): Something created using the mind, such as inventions, literary and artistic works, designs, symbols, names, and images used in commerce. In research, IP can include research data, inventions, software, and creative works. Ethical considerations include proper attribution, ownership, and potential commercialisation.
  • Licensing: Granting permission to use intellectual property under specific terms and conditions. Licensing can be used to manage the use of research data and other IP, ensuring ethical and responsible use.
  • Moral Rights: Rights of creators to be identified as the author of their work and to object to derogatory treatment of their work. Researchers should respect the moral rights of authors and creators, even when the copyright belongs to another party.
  • Open Access: The practice of making research outputs freely available online. Open access promotes the ethical principle of sharing knowledge and making research findings accessible to a wider audience.
  • Plagiarism: The act of using another person's work or ideas without giving them proper credit. Plagiarism is a serious ethical violation in research. Proper referencing and attribution are essential to avoid plagiarism.
  • Public Domain: Works that are not protected by copyright and can be used freely without permission. Researchers can freely use works in the public domain, but they should still attribute the source to avoid plagiarism.

University of Derby Policy

The University of Derby Intellectual Property Policy for Students generally recognises that students own the IP they create during their studies. However, there are exceptions, such as work commissioned by the university or collaborative work with external organisations. The policy also addresses the use of third-party IP and the university's right to use student-created works for academic and promotional purposes.

Seeking Guidance

If you have any questions or concerns about IP, copyright, plagiarism, or referencing, don't hesitate to seek guidance from your lecturers, supervisors, or the University Library. They can provide you with the information and support you need to navigate these issues and maintain academic integrity in your research.

  • Library Student Copyright Guide: This guide provides an introduction to copyright for students, covering the use of material in assignments, as well as copyright/scanning for personal study, and the use of images and video material.
  • Copyright and e-Theses Guide: A comprehensive guide on copyright issues and seeking permission specifically aimed at PhD students.
  • Library Copyright Officer: The library's Senior Copyright Officer, Donya Rowan, can provide support and guidance on copyright and IP questions. She can be contacted at d.a.rowan@derby.ac.uk.