Researchers are both owners of copyright and users of copyrighted works in their research and study. This handout is a guide to knowing how to use copyrighted works in your research and understanding your author rights.
In the context of copyright law, the author is someone who creates an original work/expression in a fixed medium like a journal article, book, computer software, photograph, artwork or many other types of creative expressions. The original creator of the work is the author and they hold the copyright from the moment the work was fixed in a physical medium.
As the solo author of the work, you retain the rights of a copyright holder until you transfer the copyright to another person through a signed agreement (e.g., publishing agreement/contract). There are solo and joint authorship rights to consider.
Some common copyright related issues for the researcher:
1. I just published a research publication and would like to know my author rights under the law
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Do’s |
Don’ts |
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Produce copies or reproductions of the works (including, typically, electronic copies) and to distribute it |
Have others produce copies or reproductions of your work without your permission |
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Create derivative works (i.e., works that adapt the original work) |
Have others create derivative works without your permission |
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Perform or display the work publicly |
Have other perform or display your work publicly without your permission |
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Transmit a performance to an audience; this only applies to sound recordings |
Have others transmit or display your work via sound recording without your permission |
2. I am in the process of signing a publishing agreement and establishing my author rights in the publishing contract?
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Do’s |
Don’ts |
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Actively negotiate with publishers for your right to post and share copies of your work |
Passively sign the publishing agreement without reading it carefully especially surrounding your author rights |
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Apply a Creative Commons license to your work which is less restrictive than copyright |
Either sign a publishing agreement that agrees to a copyright transfer or an exclusive copyright license |
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Register your work with the U.S. Copyright Office N.B. copyright registration is not required to receive copyright protection but it can be helpful when pursuing copyright infringement legal cases |
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3. I would like to do some personal study and wonder if I need copyright permission to use/read some articles for my personal study
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Do’s |
Don’ts |
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Copy existing works for their own personal reading and/or study; you are allowed to do this without obtaining copyright permission if you think what you are doing qualifies as Fair Use |
Copy existing works for commercial projects and that do not qualify as Fair Us |
4. I am doing some research and need to use some works that are subject to a subscription contract of terms of use
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Do’s |
Don’ts |
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Follow the terms of use or subscription contract carefully as these kinds of documents can limit how materials can be used even when the use is normally permitted by copyright law |
Ignore the terms of use or subscription contract terms for a work you want to use in your research |