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Copyright for Researchers: Copyright

Introduction

Top 5 Copyright Misconceptions

(Source: Brainstudy.info, n.d.)

What is copyright?

Copyright is one of a group of rights which help to ensure that a work is not used without the permission of the person or company who holds the rights. Copyright is automatically granted once a work has been produced in a tangible form, either physical or digital - for example once it has been written down. In most cases the first copyright holder is the author or creator of the work but this can change.

It is important that researchers understand copyright regulations as these affect both what they are allowed to use in their work and how they share it with others. Library have launched a copyright advice service in order to provide help and support to researchers on copyright matters. If you require assistance with copyright issue please contact the library at uumlib@uum.edu.my or fill the form at contact us.

The importance of copyright

Copyright is important as information has a value in many different forms including monetary and educational value. Copyright is important as it helps protect that value by giving owners of a work the ability to protect their interests in the work. Which means  preventing  significant copying of their work to the degree where they cannot sell it effectively.  In this way copyright encourages creativity, as it provides an incentive to creators to  allow them to gain rewards and recognition for their works. 

(Source: Horowitz, C., 2015)

Who is this guide for?

Copyright is something all of those involved in academia will have to deal with at some point in their careers. It is a complex area which presents different challenges to each audience. This guide will focus on areas of copyright likely to be applicable to researchers looking to share their work, including making a PhD thesis available via Open Access.

Please note that the information contained in this guide does not constitute legal advice. Copyright law is different across the globe.

What is protected and not protected by copyright

Copyrightable Works Not Copyrightable
Literary works Works not fixed in a tangible form (e.g., ideas)
Musical works (including accompanying lyrics) Short phrases, slogans, commercial symbols/colors. (NOTE - these may be protected by other intellectual property laws such as trademark law)
Dramatic works Procedures, methods, systems, processes, concepts, principles, discoveries, or devices as distinguished from a description, explanation or illustration. (NOTE - these may be protected by other intellectual property laws such as patent law)
Choreographic works and pantomimes (must be fixed in a tangible form, e.g., recorded or notated)

Works consisting entirely of common data or entirely of facts (e.g, calendar, telephone book, weights/measures charts)

Pictorial, graphic, and sculptural works Spontaneous speeches that have not been formally fixed into a tangible form
Motion pictures and other A/V works Spontaneous musical or choreograph works
Sound recordings Federal government documents (mostly). Some state government documents (see http://copyright.lib.harvard.edu/states/ for a guide to copyright status of state government documents)
Architectural plans  
Computer programs  

How long is a work protected by copyright?

  1. Literary, Musical or Artistic Works
    Generally, this categories of copyright work reflects to the human beings which shall subsist during the life of the author plus 50 years after his death.
  2. Film, Sound Recordings and Performer
    This categories of copyright work shall subsist for 50 years from the work was published, fixed in a fixation for the film and sound recording. For performer, the copyright work shall subsist from the performances was perform or fixation in a sound recording.
  3. Broadcasts
    For the copyright in broadcasts, it protection occurred in way of transmission either by wire or wireless means, the period for fifty years shall be computed from the which the broadcasts was first made.

Plagiarism vs. Copyright Infringement

  Plagiarism Copyright Infringement
What Is It? Plagiarism occurs when you use someone else’s words or ideas without giving credit to the original author.

Copyright infringement can occur if you infringe on the exclusive rights given to an author/creator. Those six rights are:

  • Reproduce or make copies of the work
  • Distribute copies of the work
  • Create a derivative work
  • Display the work publicly
  • Perform the work publicly
  • Publicly perform sound recordings by means of digital audio transmission
Who enforces the rules? Instructors, academic units, and institutions as a whole may enforce a variety of penalties for plagiarism. A copyright owner or their authorized agent may bring a claim of copyright infringement. Claims of copyright infringement may be settled in or out of court between the copyright owner and the alleged infringer. An expensive lawsuit could result, where a judge or jury determines whether infringement has occurred and if so, what the penalty will be.
How can I avoid it? Use quotation marks and ellipses when quoting directly from another source. When you summarize or paraphrase material, restate it in your own words. Whether quoting or paraphrasing, always credit the source!

There are many options for using copyrighted material without infringing:

  • Determine if your use falls under a statutory exception, such as Fair Use
  • Comply with existing license terms or terms of use if available
  • Request permission from the copyright owner to use the work

 

Reference

University of Cambridge. (2021). Copyright for Researchers: Copyright introductionhttps://libguides.cam.ac.uk/copyright/researchers