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Guides & Tutorial, Pao-yue Kong Library, The Polytechnic University of Hong Kong

Researchers@Library: Reuse Copyrighted Materials

This guide serves as a one-stop shop for PolyU researchers and postgraduate students to gain easy access to information pertinent to their research and publishing needs.

Outline

2 - Doing Research Project

 Reuse Copyrighted Materials

  • Intellectual Property, Copyright & Fair Dealing
  • Ask for Permissions from Publishers
  • List of Permission Guidelines from Publishers

 Citation and Avoid Plagiarism

 Reference Management Tools

Related Books

Contact Us

Research Support

   2766-6863

   6423-0820

   lbres@polyu.edu.hk

In Person   Research Help Desk, 3/F, 
        Pao Yue-kong Library

Reuse Copyrighted Materials


What is Intellectual Property?

Intellectual Property (IP) refers to "intangible property that is the result of creativity", such as trademarks, patents, copyrights, etc. In Hong Kong, a body of intellectual property laws have been developed by Intellectual Property Department (IPD) to protect creativity of different types of properties. In PolyU, Innovation and Technology Development Office (ITDO) is the key body that manages and protects the University’s intellectual property portfolio. 


What is Copyright?

Copyright is a legal right given to the owner of an original creative work, including books, journal articles, images, computer programming codes, music, films, etc. It grants the copyright owner (with a limited number of years) a set of exclusive rights, including:

  1. reproduce the work, in whole or in part; 
  2. distribute copies of the work; 
  3. publicly display the work; and
  4. prepare derivative works based on the original, such as translations or adaptations.

Under Hong Kong's Copyright Ordinance (Cap. 528), it is not necessary to register a copyright in Hong Kong - works are protected by copyright automatically at the time of their creation. Copyright can be assigned or transferred to another party, e.g. the author can transfer the copyright to the publisher.

The University considers the protection of intellectual property (including copyright) a serious matter. Copying of copyrighted materials, without the license of copyright owner, may be regarded as a statutory offense. Inclusion of copyrighted materials in research work, if not considered as fair dealing, will require prior permission from the copyright owner.


What is Fair Dealing?

Fair dealing is an exemption of copyright, which aims to help teachers and students to make reasonable use of copyrighted works for teaching and learning, research or private study purposes without infringing copyright (Hong Kong's Copyright Ordinance Cap. 528, Sec. 38). To determine whether an act of dealing is fair, the following 4 factors will be considered: 

  • The purpose and nature of the dealing (whether for a not-for-profit purpose)
  • The nature of the work
  • The amount and substantiality of the portion dealt with in relation to the work as a whole
  • The effect on potential market for or value of the work

E.g.:

A student quotes a short quotation from a journal article in his thesis work can be considered as fair dealing;
A student reuses a table or image from a journal article in his thesis work will not be considered as fair dealing and therefore the student needs to obtain the permission from the copyright owner (usually the publisher).


How to Avoid Copyright Infringement?

Inclusion of copyrighted materials in research work, if not considered as fair dealing, will require prior permission from the copyright owner.

Obtaining permission is a process of getting consent from a copyright owner to use the owner's creative works. It's often called "licensing" - when you have permission, you have a license to use the work.

► Steps to obtain a permission:

Step 1. Check who owns the copyright of the material 

The author of a work is the copyright owner; for works that are created in the course of employment, the owner is usually the employer. The table below lists the copyright owner for different type of works.

Type of work Copyright owner
Book, book chapter Usually the Author; you can find the copyright information from the back of the title page of a book, e.g. © Sam Smith 2014
Journal article, conference paper

Usually the Publisher, unless the work is published in open access (where authors retain the copyright)

Image, photo Usually the photographer or the image creator
Other works Check with the website owner or publisher and ask about the details about the copyright owner

For PolyU students and staff, the details of copyright issues of a research work (e.g. journal publications, thesis) are stated in PolyU Staff Handbook - Intellectual Property (4.5 Copyright) and PolyU Research Student Handbook (23.2.2 Intellectual Property). Do note that the copyright of the journal publication may be transferred to the Publisher upon publication. You may refer to Copyright Transfer on Published Works for more information. As the Intellectual Property conditions of each research work may be different, it is always good to check with your supervisor on how to deal with copyright transfer of your research work whenever in doubt.


Step 2. Request permission from copyright owner

  • For other type of works, where RightsLink is not offered, you should consider writing to the copyright owner to seek permission. The message should give the details of the material you wish to use and how you intend to use it, and state that you would need their written reply when offering the permission.
    Refer to A sample from UBC Library or Sample Permissions Letter as an example.


Step 3. Acknowledge the permission you have obtained in your work

  • After obtaining permission, clearly acknowledge the permission in your research work by including a note, e.g. "Reprinted / Adapted from (the Citation). Copyright (Year), with permission from (the Copyright Owner)."


(Click to enlarge)

  • We recommend that you keep a clear record of all the copyright materials included in your research work, including the permission documents, email proof, etc.


 Do I need to pay to obtain a permission?

The copyright owner does not always charge when granting a permission. For example, to reuse a part from a publication in your own research work usually costs zero as reflected on the permission document issued at the end of the application process. However, there are chances that the author of work asks for a charge for a permission. If you do not wish to pay for the permission, you may consider the following solutions:

  • Exclude it from your work; or
  • For long quotations: rewrite to express the ideas in your own words and format; 
  • For images: reproduce the figure, or use an alternative image under Creative Commons license.


 Would I still infringe on copyright if I properly attributed the source by citing it?

Many are confused between copyright infringement and plagiarism. Plagiarism is passing off someone’s work as your own without giving proper acknowledgment, while copyright infringement is using someone’s creative work without permission. Therefore, citing the source of a copyrighted work (e.g. figure/diagram) does not mean that copyright of that work has been cleared - you are still required to obtain permission to reuse the work unless your situation can be covered under fair dealing. Also remember that there are situations where plagiarism and copyright infringement can occur in the same case, e.g. submitting a photograph (creative work) taken by someone else from the Internet using your name (passing off as your own). In such cases, you may need to cite after obtaining permission to use the work. 


Contact us if you need assistance from a librarian.


References:

  • Copyright in Hong Kong (Intellectual Property Department, Hong Kong Government)
  • Copyright Related Legislation: Copyright Ordinance (Cap. 528)  (Intellectual Property Department, Hong Kong Government)
  • Stim, R. (2004). Getting Permission: How to License & Clear Copyrighted Materials Online & Off (2nd ed.). Berkeley, CA: Nolo.

To ask for permission from publishers used to be a complicated and time-consuming issue. Nowadays, the process has been dramatically simplified with the help of online permission services, such as RightsLink® from Copyright Clearance Center (CCC). Many major publishers have partnered with CCC and integrated their platforms with RightsLink. This means that you could request a permission directly from publisher's site by filling out a simple form.

Below is an example of how to request for permission to reuse part of a journal article from ScienceDirect (Elsevier). To see guidelines from other publishers, go to "List of Permission Guidelines from Publishers" tab.


Step 1. Locate the article from the database or journal, and click on "Get rights and content". In other databases, it can be "Request permissions", or "Reprints & Permissions".

RightsLink_get permission from Science Direct


Step 2. The RightsLink page will then be launched. Click on "Make a selection" to choose how you wish to reuse this article.

RightsLink_get permission from Science Direct


Step 3. Fill out the form and click on "Quick Check" to check the price. In most cases, to reuse a part of the article (e.g., text, figures, tables) in a new research work (e.g., journal article, book, thesis) is free of charge.

RightsLink_get permission from Science Direct


Step 
4. Click "Continue" and create an account on CCC if you have not done so. After signing in, you will be asked to provide some details about your research work, e.g., your name and contact information, article title, journal and the publisher you plan to submit your work to.
 

Step 5. Finally you will arrive at this page - an e-version agreement that consists of your license details and the terms and conditions provided by the publisher and CCC. With this agreement, you are now free to reuse part of this article in your research work. Note that you may be required to submit this agreement along with your article submission.

RightsLink_get permission from Science Direct

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