When You Need to Ask Permission

When You Need to Ask Permission

Publication generally

If you intend to publish your work, include it in your institution’s online research repository or use it for purposes outside your own education or research, it is likely that you will need to get permission from owners in any third party material you have incorporated in your work. For those writing a thesis or dissertation, this needs to be considered at an early stage in your project, not at the time of submission. Particular care needs to be taken whenever you upload third party copyright material on to the internet or communicate it to the public via the internet. Note permission is not required if you intend to publish work incorporating material that you have reviewed or critiqued under the fair dealing permission.

Where a statutory exception does not apply or no longer applies

You have statutory privileges to use third party copyright material for educational and research purposes such as examinations, assignments and theses. The statutory permissions do not apply if you publish or communicate your work to the public. Depositing a digital copy of your thesis or dissertation in your institution’s online research repository, in a library catalogue, or any other online service or platform makes it a publication because it is posted on a publically available space. This does not come within the purpose of research or study, examination or assessment. So even if your original use of copyright material was allowed, you will need to get permission before you upload or publish your work externally.

Where you co-own or jointly own copyright in a work

If you have collaborated with someone else to create your work, you will need to get permission from the other owners before you copy, publish, or do any of the other copyright restricted acts unless your use is covered by a statutory exception.

Where your intended use is outside the scope of an existing licence

You may already have permission to use copyright material for one purpose, for example, reproduce and incorporate text in screenplay you are writing. However, you need to get permission for any additional or subsequent use, such as performing and recording that work.

Using public domain works that remain in copyright overseas

It is not an infringement of copyright to use public domain works. However if you copy from a work that is still under copyright protection in another country and you intend to distribute your work in that country or post it on a publicly accessible website, you need to get permission.

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