Copyright Law: University Students' Guide To Avoid Infringement

Copyright is a form of legal protection that applies to literary, dramatic, artistic, and musical works, as well as sound recordings, performances, and communications signals. It gives the owner the exclusive right to reproduce, publish, and distribute their work, and it is relevant to university students in two key ways. Firstly, it applies to the original works they create as students, such as assignments, projects, papers, and theses. Secondly, it applies when students use copyrighted materials to complete their own work, such as when quoting other authors or using images, data, or audiovisual works. Understanding copyright law is essential for students to avoid infringement and plagiarism, and to know when exceptions, such as fair use or fair dealing, may apply.

Students' rights to their own work

Students own the copyright to their original works, which can include poems, photos, essays, webpages, papers, projects, assignments, theses, and even class notes. Copyright protection is instant and automatic and applies as soon as an original work is fixed in a tangible form (printed, drawn, painted, put up on the web, etc.). Students do not need to register their work to obtain a copyright.

Students have the right to decide how their work is copied, modified, displayed, and performed publicly. They can also use Creative Commons licenses to decide how the public will access and use their copyrighted works.

Students should be aware that their institutions may retain the right to use their work for pedagogical, scholarly, and administrative purposes. Students should review their institution's resources and policies on copyright, which can provide valuable information on what students are and are not permitted to do.

Students' use of others' work

The use of others' work typically involves quoting authors, using images, charts, diagrams, graphs, maps, data, and incorporating musical works, sound recordings, and audiovisual content. When using these elements, students must ensure their use falls within the scope of fair use exceptions or the terms of any associated license. If their use exceeds the scope of fair use or violates license terms, they must obtain permission from the copyright holder.

Fair use supports the use of an amount appropriate to the student's research objectives and closely tied to critical analysis. It is essential to provide attribution in the form of citations and, in the case of archival material, a credit line to the archive. Students should also ensure their use does not interfere with the market for the original work and that they comply with any applicable license agreements.

When assessing whether their use of others' work is fair, students should consider factors such as the purpose, nature, and amount of the work used, as well as the effect on the potential market for the original work. These considerations help determine if the use constitutes fair dealing or fair use, which permits limited reproduction without authorisation from the copyright owner.

In summary, students must exercise caution and judgement when using others' work, ensuring they comply with copyright law, provide proper attribution, and obtain necessary permissions to avoid infringement and maintain academic integrity.

Fair use and fair dealing

In the US, copyrighted materials can be used for commentary, criticism, research, teaching, or scholarship. However, this is not automatic, and several criteria must be met for the use to be considered fair. The purpose and character of the use, the nature of the work, the amount used, and the effect on the market for the original work must all be considered. Educational, non-profit, and personal uses are favoured, and the use must be transformative, creating an entirely new work rather than adapting an existing one. Only small portions of highly creative works should be used, and the use must not result in economic harm to the creator.

In Canada, fair dealing is a user's right interpreted broadly in the context of education, research, and private study. The purpose, character, amount, alternatives, nature, and effect of the dealing are all relevant considerations when assessing fair dealing. The reproduction of a work for educational purposes must be fair, and the nature of the individual user's right to receive the material for educational purposes in a fair manner must also be considered.

Getting permission to use others' work

Students often engage with copyrighted works in their daily lives, be it through books, presentations, movies, or digital and hard copy materials. It is important for students to understand the basics of copyright law, what constitutes infringement, and when exceptions may apply.

Determine if Permission is Needed

Firstly, determine if the material you plan to use is protected by copyright. Not all things are copyrightable; for instance, facts and ideas are not copyrightable. Works that qualify for copyright protection will eventually enter the public domain after a certain period, and such works can be used without worrying about infringement.

Identify the Copyright Owner

If the material you wish to use is protected by copyright, you need to identify the copyright owner and request permission for your specific use case. The copyright owner could be the author or someone who has been transferred ownership by the author. In some cases, like photographs of a person, you may need permission from both the copyright owner of the photograph and the person in the photograph if you intend to use it for commercial purposes.

Requesting Permission

Once you've identified the copyright owner, you can make an informal request via email or phone, followed by a formal written request. Your request should include your name and contact information, details of the work you wish to use, the reason for using it, and how you intend to use it.

Responses from Copyright Owners

If the copyright owner grants you permission, make sure to keep a record of the permission granted, including the owner's contact information, the date permission was granted, and any conditions or expiration of permission.

If the copyright owner denies your request or asks for a large fee, you can still use the work if it falls under the fair use doctrine, which allows limited use of copyrighted works for purposes like commentary, criticism, news reporting, and scholarship. Alternatively, you can also consider finding another work that is in the public domain or covered by open content licenses, which do not require explicit permission.

Plagiarism

Most students are aware that plagiarism is a form of academic dishonesty and is strictly prohibited. However, it is possible to be unintentionally guilty of plagiarism by using another individual's work without attribution or by making minimal changes to their work. With the widespread use of technology, it has become easier to plagiarize, but also easier to catch plagiarists.

The consequences of plagiarism can be severe and include personal, professional, ethical, and legal repercussions. A student accused of plagiarism may face suspension or expulsion, and their academic record can reflect the ethics offense, potentially barring them from future educational opportunities. Plagiarism can also destroy professional and academic reputations, making it difficult to obtain respectable jobs or advance in a career.

To avoid plagiarism, students should understand the basics of copyright law and know when exceptions may apply. Copyright law protects literary, dramatic, artistic, musical works, sound recordings, performances, and communications signals. It gives the owner exclusive rights to reproduce, publish, and distribute their work, and they can demand payment for these uses. Students should seek permission from the copyright holder or rely on exceptions like fair use or fair dealing to utilize copyrighted works legally.

In summary, plagiarism is a significant issue for university students, and it is essential to understand how to recognize and avoid it. By knowing the basics of copyright law and when exceptions apply, students can help ensure the integrity of their work and avoid the severe consequences of plagiarism.

Frequently asked questions