Questions and Answers from Third Party Copyright and Fair dealing session

Here is a summary of the Q&As from the ‘Third Party Copyright and Fair dealing’ session last week. Thanks to Lorna for providing the detail.

Q: What do I need to do about copyright when I finish my PhD and wish to publish a commercial book?

A: The publisher would be proactive in clearing material in copyright, and would seek permissions before publishing. They are typically risk-averse.

Q: What about if I wish to self-publish?

A: Then you would be responsible for seeking the necessary permissions and bearing any risk.

Q: How do I know whether or not I can put my published wok into a repository e.g. on ResearchGate?

A: You can use SHERPA/Romeo  to check the policy of each publisher/journal title.

Q: Can copyright ownership be passed on to another person, e.g. an executor?

A: Yes, copyright is a property right, and so it can be passed on or bequeathed like other possessions.

Q: I have taken photos of patients in my research. Are there any copyright implications when using these?

A: No, you own the copyright. You would be expected to seek informed consent as part of your ethical research practice, and would need to consider privacy and data protection if they are identifiable.

Q: I have taken photos of groups of people in a public setting, but have not sought their permission as they are indistinct or just part of the scene. Is that OK?

A: Where people are incidentally included in a photograph, or are not the main focus, there are unlikely to be data protection issues.  However, to respect people’s privacy in private spaces you should generally obtain consent to take photographs first, explaining what use you will make of the photograph, or give people the opportunity to move out of the shot.  For general shots at degree ceremonies where taking photographs is the norm, this would probably not apply, but if you wished to take shots of specific individuals as the main focus, it would be good practice to obtain consent.

Q: Are textiles (e.g. ceremonial robes) protected under copyright, as a work of art?

A: Works of artistic craftsmanship are protected by copyright.  This term probably means works created with skilled craftsmanship, with aesthetic appeal and where artistic form is more important than functional considerations.  Machine made items would probably not fall into this category.  So ceremonial dress probably wouldn’t be covered, textiles and the mace would depend on the item and how much artistic merit they have.

Q: What happens if you reach a dead end when trying to find the copyright holder to seek permission?

A: You would need to take a ‘risk-based’ approach, and weigh up the likelihood of the copyright holder seeking redress, perhaps financially.

‘Third party copyright and fair dealing’ recording now available

Copyright symbol

For those of you who missed this excellent session by Lorna Pimperton yesterday, you can watch a recording of the session and hear some of the questions raised by participants. We haven’t including the extended discussion at the end, but we’re preparing a summary of the questions, responses and any additional guidance to share with you soon.

For a look back at previous sessions, you can click on the ‘Sessions‘ category on this blog, or go straight to the Research bites folder on Panopto.

Social media for researchers: ResearchGate and recording available

Thank you to everyone who came to last week’s session Social media for researchers: ResearchGate and There was a lot of discussion in the session, so if you missed it, take a look at the recording. If you have any experience of using these social networks, please add your comments.

Research Bites sessions in September 2014

Join us for an informal 20 minute session. Bring your lunch, and a friend.

Just turn up, no need to book.

Filing a patent on your invention and commercialising it
Thursday 4th September, 12.00. Fylde C48
Expert advice on filing a patent from the University’s Research Enterprise Service.
Gavin Smith, Intellectual Property Officer.

Non-patent Intellectual Property
Friday 12th September, 12.00. Fylde C48
Expert advice on intellectual property from the University’s Research Enterprise Service.
Gavin Smith, Intellectual Property Officer.

Beyond the Impact Factor: Altmetrics
Friday 19th September, 12.00. Fylde C48
A look at altmetrics and their growing significance to researchers
Hardy Schwamm, Research Data and Repository Manager

Your identity as a researcher – ORCID
Friday 26th September, 12.00. Fylde C48
Find out what ORCID is, and how it can help you to distinguish your work from someone else’s.
Tanya Williamson, Assistant Librarian.

‘Do you need to submit an electronic thesis?’ recording now available

Thank you to Louise Tripp for delivering the session on eTheses at Lancaster earlier in July. If you missed it, you can now view a recording of the session.

You may wish to look back at earlier posts to see answers to some of the questions raised during the session.

What you need to know about Open Access

Thank you to Louise Tripp for delivering today’s Research Bites session on Open Access (OA). If you missed it, or would like to look at the slides again, we’ve made them available on SlideShare.

The detailed guide to Open Access is the first place to find out more about making your research Open Access. There’s comprehensive information about the two routes: Gold and Green, how to access funding for OA, where to self-archive, and more.