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Copyright guide

This is a companion guide to the RMIT Copyright webpages for staff and students.

Copyright - Fair Dealing & Research

Students or researchers are able to rely upon using a ‘reasonable portion" of copyright works in assignments or research work at RMIT. The Copyright Act states that a reasonable portion under the fair dealing provisions is 10% or one chapter of a book, or one article from any one issue of a journal. If the material you want to reproduce is in digital format, then you can copy 10% of the number of words or one chapter if the work is clearly divided into in chapters. For artistic works, film/video, and sound recordings there is no simple rule as to how much you can copy for research and study purposes.

The fair dealing provisions research and study only apply whilst enrolled, or undertaking research once studies or research has been completed any copyright works used under the fair dealing provisions will require permission if the research output or assignment is to be published publicly.

For example, as part of a research project I plan to use published questionnaires, I am covered by the fair dealing provisions for using the questionnaires as part of the project. If I then publish the research findings using text from the published questionnaires or wish to include the questionnaires into the final (electronic) archival copy within the RMIT Research Repository, fair dealing no longer applies and I would need to gain permission from the copyright holders to use the published questionnaires publicly.

Any public use of copyright works rules out the fair dealing provisions.

What to do about images & articles?

Can you include images, figures, diagrams, photographs, journal articles & conference papers in your thesis - YES

The copyright act has fair dealing provisions that allow students to include copyright works into theses for research & study purposes that include research and examination.

Do you need permission to include copyright works into your thesis for examination – NO.

You need permission to use copyright works in your thesis if it is published or used outside of research and study purposes.  This includes publishing via the RMIT Research Repository, publishing a chapter as a journal article or chapter, presentation at a conference that is published or presented publicly.

What happens if you publish your research as a journal article and then wish to include the article in your thesis?  You may do so for examination purposes only, if you want for the published article to be included in your thesis to be published in the Research Repository you must either remove the article or gain permission.  When you publish an article you transfer copyright to the publishing company who then owns rights in your work.

When publishing the final archive copy of your thesis you have two options with regard to images, figures, diagrams, photographs, journal articles & conference papers:

1. Remove them and place reference statements in their place

2. Gain permission for the works to be included in your thesis to be published via the Research Repository.

The following text can be used as an image placeholder when removing images due to copyright restrictions.  Don't forget to include the citation under the image so others can source the image if needed.  

<Image removed due to copyright restrictions>

Seeking Permission

Can I publish an article from my thesis

Is it ok to publish an article from my thesis once it is publicly available via the RMIT Research Repository?

Once a thesis is published via the RMIT Research Repository an article can be published from the thesis. In publishing the article there are two key considerations, the copyright transfer agreement provided by the publisher, and referencing any text or data taken directly from the thesis back to the original source - the thesis.

When publishing an article you will be required to sign over rights (copyright) in the article to the publisher usually in the form of a copyright transfer agreement.  Transfer agreements contain the terms under which copyright will be transferred to the publisher. One of the terms listed in the agreement will ask if the article has been published elsewhere.  It is here that you as the author need to advise the publisher that the article is derived or is a direct extract from your thesis which is available publicly in the RMIT Research Repository.  

In using extracts of text or data from your thesis in a published article the text or data must be treated in the same manner as you would if you were using text or data from another source such as a book, or journal article.  It must be referenced correctly back to the original source - the thesis.

Is citing a source enough?

Is citing the source of the online publicly available image adequate?  If so what are the protocols?
 
Referencing (citing) copyright works is standard academic practice and is separate from copyright.  When an individual uses a copyright work there are two requirements:

(a) make sure the work can be used in line with copyright law

(b) adhere to academic standards of referencing

Therefore citing (referencing) a work doesn't remove the need to ensure the work is used within copyright legislation.

What if I change an image

I believe that if an image is changed more than a certain percentage, it is regarded as not the original image, hence copyright not required.  Is this the case?
 
This is a well-versed academic myth, a copyright holder has the right of reproduction in their work, reproducing a work to alter a work is an act of copyright.  Copyright is infringed when a substantial part of a copyright work is reproduced. Substantial is just as much about quality as it is about quantity.  Altering a copyrighted work relies heavily on whether in using the work you have used a substantial part of the work and whether the copyright holder can recognise their work in the altered work.  If the answer is yes, the altered work would be considered a breach of copyright.