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Copyright Guidance at LSHTM

  • Image: Copyright (Washington, DC) by takomabibelot

    What is copyright?

    • Copyright subsists in any original work (or part of that work) from the moment it is created. The rights holder (usually the author, but in some cases the employer) is granted certain rights which are protected by law over how the work may be used - this includes copying. 
    • Copyright may be assigned to a third party, such as a publisher, and a fee may be charged by the rights holder to copy the work. 
    • Duration of copyright varies, but in many cases a literary or artistic work will remain in copyright from the point of creation until 70 years following the death of the author. 
    • It should be noted that in all cases where copyright material is used or referred to proper acknowledgement should be made of the source.

    Overview

    As well as owning copyright works yourself, you may wish to make use of someone else’s copyright protected works. There are certain very specific situations where you may be permitted to do so without seeking permission from the owner. These can be found in the copyright sections of the Copyright, Designs and Patents Act 1988 (as amended).

    Non-commercial research and private study

    You are allowed to copy limited extracts of works when the use is non-commercial research or private study, but you must be genuinely studying (like you would if you were taking a college course). Such use is only permitted when it is ‘fair dealing’ and copying the whole work would not generally be considered fair dealing.

    The purpose of this exception is to allow students and researchers to make limited copies of all types of copyright works for non-commercial research or private study. In assessing whether your use of the work is permitted or not you must assess if there is any financial impact on the copyright owner because of your use. Where the impact is not significant, the use may be acceptable.

    If your use is for non-commercial research you must ensure that the work you reproduce is supported by a sufficient acknowledgment.

    Text and data mining for non-commercial research

    Text and data mining is the use of automated analytical techniques to analyse text and data for patterns, trends and other useful information. Text and data mining usually requires copying of the work to be analysed.

    An exception to copyright exists which allows researchers to make copies of any copyright material for the purpose of computational analysis if they already have the right to read the work (that is, they have ‘lawful access’ to the work). This exception only permits the making of copies for the purpose of text and data mining for non-commercial research. Researchers will still have to buy subscriptions to access material; this could be from many sources including academic publishers.

    Publishers and content providers will be able to apply reasonable measures to maintain their network security or stability but these measures should not prevent or unreasonably restrict researcher’s ability to text and data mine. Contract terms that stop researchers making copies to carry out text and data mining will be unenforceable.

    Criticism, review and reporting current events

    Fair dealing for criticism, review or quotation is allowed for any type of copyright work. Fair dealing with a work for the purpose of reporting current events is allowed for any type of copyright work other than a photograph). In each of these cases, a sufficient acknowledgment will be required.

    As stated, a photograph cannot be reproduced for the purpose of reporting current events. The intention of the law is to prevent newspapers or magazines reproducing photographs for reporting current events which have appeared in competitor’s publications.

    Teaching

    Several exceptions allow copyright works to be used for educational purposes, such as:

    • the copying of works in any medium as long as the use is solely to illustrate a point, it is not done for commercial purposes, it is accompanied by a sufficient acknowledgement, and the use is fair dealing. This means minor uses, such as displaying a few lines of poetry on an interactive whiteboard, are permitted, but uses which would undermine sales of teaching materials are not
    • performing, playing or showing copyright works in a school, university or other educational establishment for educational purposes. However, it only applies if the audience is limited to teachers, pupils and others directly connected with the activities of the establishment. It will not generally apply if parents are in the audience. Examples of this are showing a video for English or drama lessons and the teaching of music. It is unlikely to include the playing of a video during a wet playtime purely to amuse the children
    • Recording a TV programme or radio broadcast for non-commercial educational purposes in an educational establishment, provided there is no licensing scheme in place. Generally a licence will be required from the Educational Recording Agency)
    • making copies by using a photocopier, or similar device on behalf of an educational establishment for the purpose of non-commercial instruction, provided that there is no licensing scheme in place. Generally a licence will be required from the Copyright Licensing Agency

    Helping disabled people

    There are 2 exceptions to copyright for the benefit of disabled people. These exceptions cover you if you have a physical or mental impairment which prevents you from accessing copyright protected materials.

    One exception allows you, or someone acting on your behalf, to make a copy of a lawfully obtained copyright work if you make it in a format that helps you access the material. For example, if you buy a book from a shop then make a Braille copy to help with a visual impairment then you are not infringing the copyright in the book.

    You are entitled to make an accessible copy, or have someone else make one for you, if:

    • you lawfully own, or have the right to use a copy of the work (for example, you own it or have borrowed it from a library), but the work is inaccessible because of a physical or mental impairment
    • a copy that would be accessible to you is not commercially available

    The second exception permits educational establishments and charity organisations to make accessible format-copies of protected works on behalf of disabled people. The exception permits acts such as:

    • making braille, audio or large-print copies of books, newspapers or magazines for visually-impaired people
    • adding audio-description to films or broadcasts for visually-impaired people
    • making sub-titled films or broadcasts for deaf or hard of hearing people
    • making accessible copies of books, newspapers or magazines for dyslexic people

    However, this exception does not apply when suitable accessible copies are commercially available.

    Please note that no-one can make a profit out of helping you make an accessible copy, but they are able to charge a fee covering any they costs incur in making and supplying such a copy.

    Time-shifting

    A recording of a broadcast can be made in domestic premises for private and domestic use to enable it to be viewed or listened to at a more convenient time.

    The making of a recording of a broadcast for purposes other than to time-shift a programme for you or your family is likely to be illegal.

    Personal copying for private use

    The personal copying exception permits you to make copies of media (CDs, ebooks etc) you have bought, for private purposes such as format shifting or backup without infringing copyright. For example the exception would allow you to copy content that you have bought on a CD onto your MP3 player, provided it is for your own private use.

    However, it is unlawful to make copies for friends or family, or to make a copy of something you do not own or have acquired illegally, without the copyright owner’s permission. So you are not able to copy CDs borrowed from friends, or to copy videos illegally downloaded from file-sharing websites.

    You are permitted to make personal copies to any device that you own, or a personal online storage medium, such as a private cloud. However, it is unlawful to give other people access to the copies you have made, including, for example, by allowing a friend to access your personal cloud storage.

    Parody, caricature and pastiche

    There is an exception to copyright that permits people to use limited amounts of copyright material without the owner’s permission for the purpose of parody, caricature or pastiche.

    For example a comedian may use a few lines from a film or song for a parody sketch; a cartoonist may reference a well known artwork or illustration for a caricature; an artist may use small fragments from a range of films to compose a larger pastiche artwork.

    It is important to understand, however, that this exception only permits use for the purposes of caricature, parody, or pastiche to the extent that it is fair dealing.

    Certain permitted uses of orphan works

    Orphan works are creative works or performances - like a diary, photograph, film or piece of music - for which one or more of the right holders is either unknown or cannot be found.

    An exception to copyright allows cultural and heritage organisations (publicly accessible libraries, educational establishments museums and archives, film and audio heritage institutions and public service broadcasting organisations) that hold certain orphans within their collection, to digitise and place them on their website for non commercial use. This does not include the use of standalone artistic works such as a photograph.

    Take this eligibility questionnaire to find out if you qualify to use the exception.

    Sufficient acknowledgment

    In relation to certain exceptions, if you are making use of that exception to copy someone else’s work it is necessary for you to sufficiently acknowledge their work. For example, where you have copied all or a substantial part of a work for the purposes of criticism or review, or where the use was for the purposes of news reporting.

    However such acknowledgment is not required where it is impossible for reasons of practicality.

    Fair dealing

    Certain exceptions only apply if the use of the work is a ‘fair dealing’. For example, the exceptions relating to research and private study, criticism or review, or news reporting.

    ‘Fair dealing’ is a legal term used to establish whether a use of copyright material is lawful or whether it infringes copyright. There is no statutory definition of fair dealing - it will always be a matter of fact, degree and impression in each case. The question to be asked is: how would a fair-minded and honest person have dealt with the work?

    Factors that have been identified by the courts as relevant in determining whether a particular dealing with a work is fair include:

    • does using the work affect the market for the original work? If a use of a work acts as a substitute for it, causing the owner to lose revenue, then it is not likely to be fair
    • is the amount of the work taken reasonable and appropriate? Was it necessary to use the amount that was taken? Usually only part of a work may be used

    The relative importance of any one factor will vary according to the case in hand and the type of dealing in question.
     

    All content is available under the Open Government Licence v2.0, except where otherwise stated.

  • Copyright for teaching

    Can I copy a book chapter or a journal article and hand it to student (for teaching purposes)?

    Yes. The School has a licence from the Copyright Licensing Agency (CLA) which allows multiple photocopies to be made from original published printed works owned by LSHTM (or from copyright fee-paid copies) for distribution to members of the School for the purposes of teaching, within certain limits.

    The CLA licence permits sufficient copies to be made for every student on a course of study plus one for you the lecturer. 

    The "fair dealing" limits relating to the amount that may be copied still apply:

    1. Copies can be made of up to a chapter, entire article or 5% of the publication, whichever is the greater
    2. Photographs, illustrations, diagrams or charts may also be copied where they are included in the body of the extract or article
    3. Proper acknowledgement should be made of the source. 
    4. Copying for commercial purposes is prohibited without prior permission from the rights holder.

    To easily check if you can to re-use content visit the CLA search tool which lets you see what can be copied, shared or re-used legally with a CLA licence.http://www.cla.co.uk/

    Copying for coursepacks

    Course packs may include chapters from student textbooks and are likely to include a substantial proportion of material in the form of extracts from learned/research journals/monographs.

    You can put several items together in a course pack, but you should seek guidance if you plan to copy a significant number of chapters from the same publication: the CLA regard this as an attempt to recreate a textbook, which is not permitted under the terms of the licence the School holds.

    You should also note that only one article per journal issue is permitted to be photocopied for coursepacks, any more goes beyond "fair dealing" and the CLA Licence.

    Lastly, you should check if the Library owns a copy of the item you wish to include (a journal subscription or a copy of a book) - if not then you should contact the Library to obtain a copy for inclusion and to record it for the CLA. Personal copies of papers are not permitted to be included in any course pack.

    To assist, there is a guide to creating course packs from the CLA that show good practice in this regard, and some that do not. All are based on real cases.

    The Library also has a copyright decision flow chart to help you below:



    Because of the Copyright restrictions and policing what is included we would prefer it if you asked for items to be digitised for inclusion on Moodle rather than photocopied for coursepacks.

    Broadcasts

    The School also has a licence from the Educational Recording Agency (ERA) which allows broadcast programmes to be recorded and shown within the School for the purposes of teaching.

    Copying from Newspapers

    The School has a licence from the Newspaper Licensing Agency (NLA) which allows copies to be made from newspapers (which are not covered by the CLA licence), within certain limits.

    Copying for Moodle

    There is a general allowance in the Copyright, Designs and Patents Act 1988 (CPDA) whereby the use of copyrighted material is defensible if it is for the purposes of "criticism and review". If this is the case, a minimum amount of material must be used (usually a short quote) and full acknowledgement of the source must be given. 

    Digital material such as whole book chapters, journal articles, image and video are dealt with below.

    The Library also has a copyright decision flow chart to help you too.

     

    1. Printed Material - Books, journals and working papers

    You cannot make substantial scans from printed books, journals or other printed material without the permission of publishers. You should check the Library catalogue in case the School already has online access via its journal subscription or e-books collections. Single book chapters and journal articles may usually be digitised by library staff under the terms and conditions of the CLA licence which the university holds with the Copyright Licensing Agency.

    The material would then placed be on Moodle and would have to reference the CLA licence accordingly. Additionally under this if the lecture is stored beyond the end of an academic year, the scanned material must be reported again to CLA, and for every subsequent year.

    Remember that the scanned material is to be used for review and illustration of a teaching point (and not just for enhancing a presentation visually) attributed properly and to not exceed 5% of a publication - so that it's "fair" and the use doesn't adversely affect the rightsholder’s ability to exploit their work. Less substantial material such as diagrams and other illustrations can be used without the need to be used with the CLA licence, as long as the above is adhered to.

    2. Online Material - Articles from online journals and e-book chapters

    It is not usually permissible to upload personal copies of articles online such as PDFs, whether from LSHTM subscriptions, other institutions or obtained commercially. You would be able to if the article is licensed under a CC-BY licence. However, if it is not licensed in this way you may only make this type of material from Library online journal or e-books subscriptions available to students by adding web links only - DOIs are suggested.

    3. Web material - from web sites

    Material on web sites, although apparently "freely available", is subject to copyright restrictions too. If you want to use web-based material, check if there is information on the site in question which details what is permissible in terms of linking to and reproducing material from that site. This information can usually be found in the "terms and conditions" or "copyright" pages or "about us" section of the site. See below for finding images that can be used.

    As a general rule…

    Web pages should not be copied and uploaded to Moodle, nor should text, images or any other material be copied and pasted without the permission of the web site owner. However it is usually acceptable to provide links for students so that they can access web-based material individually for themselves.
    Avoid "deep linking" and to link to home pages wherever possible. Deep links are less stable and URLs may change.
    Make it clear to students that Internet-based material which is referred or linked to within their online course is for their own personal use only and not for distribution, and point out to them any other conditions imposed on you by the website owner.
    Wherever possible, clearly acknowledge the source (listing URL and copyright holders) of any information you use.

    4. Audio-visual material

    Since June 2014 legislative changes to UK Copyright law has now meant that  films, sound recordings and broadcasts can be displayed on interactive whiteboards or on the VLE as long as you  include a sufficient acknowledgment and it is subject to ‘fair dealing’ so it is restricted to a small proportion of the work and must be illustrative of a subject you are teaching.  

    For TV and radio broadcasts, the University holds a licence with the Educational Research Agency (ERA) which makes some allowances for use of TV and radio broadcasts. This licence permits staff at educational establishments to record, for non-commercial educational purposes, broadcast output of ERA Members - note that many digital-only broadcasters are excluded from this ERA Members List.

    Licensed recordings can be retained, stored and copied (in both analogue and digital formats) and then relayed within the establishment. They may be added to Moodle with the proviso that students may not access them outside the UK.

    Many YouTube clips are placed on the site illegally, without the permission of copyright holders. You should avoid downloading, streaming or even embedding material from YouTube unless you are sure that you have permission to do so. If YouTube clips have been added to the site by someone other than the organisation or individual with whom it originated it's likely to have been put there illegally. 

    The safest way to make third party material on other websites available to students is to give them a link (by e-mail or by adding to the link to Moodle): students can then click on the link and view the material in question for themselves.

    5. Images

    Lecturers may include images in a PowerPoint presentation during in a lecture and record it, providing the following are adhered to.
     
    Images and text are to be used for review and illustration of a teaching point (and not just for enhancing a presentation visually) attributed properly and to generally not exceed 5% of a publication - so that it's "fair" and the use doesn't adversely affect the rightsholder’s ability to exploit their work. See below for finding images from the web.
     
    If the copying cannot be considered fair dealing because it impacts on the rightsholder’s ability to commerciality exploit their work or the amount copied exceeds what would be fair then you should contact the relevant person in the Distance Education and Professional Development Office or the Teaching Support Office.
    The material would then be scanned and placed on Moodle and would have to reference the CLA licence accordingly. Additionally under this if the lecture is stored beyond the end of an academic year, the scanned material must be reported again to CLA, and for every subsequent year.

    Some web resources provide access to free online images with the stipulation that they are used for educational, non-commercial purposes. This is a list below.

      • Creative Commons image search allows you to find images from websites such as Goolge, Flickr, Europeana that you can reuse, remix and even commercially use.
      • PhotoLibrary the School's image database managed by the Library & Archives Service, containing historic and contemporary images and the collection of images from the Centre for Eye Health (ICEH).
      • Jorum A resource from JISC providing access to learning objects which may be re-used or adapted by members of the School for educational purposes.
      • Wellcome Trust Images A resource from the Wellcome, which provides copyright-cleared images for educational use through Creative Commons.
      • Graphics 'N Graphic Design Free stock photos for Graphic Designers & Web Designers.
      • Photoshare A service provided by The INFO Project, helping international non-profit organisations communicate health and development issues through photography.

    Viewing DVDs in the School

    For teaching

    As it is being viewed on School premises it is likely this will be considered a 'public performance' of the copyright work (even if the audience is only one student).  S.34 of the Copyright, Designs and Patents Act 1988 deals with performing or showing copyright works before an educational audience if this DVD was being viewed as part of course learning and states:

    “(2) The playing or showing of a sound recording, film or broadcast before [an audience consisting of teachers and pupils at an educational establishment and other persons directly connected with the activities of the establishment] at an educational establishment for the purposes of instruction is not a playing or showing of the work in public for the purposes of infringement of copyright.” (the section in square brackets is from s.34(1)).  

    So if the DVD is being viewed for educational purposes no further licence is likely to be needed.

    However, the licence on the DVD itself needs to be considered. In UK law, contract provisions (such as the terms and conditions that come with purchased DVDs and CDs) override copyright permissions. Many DVDs will come with a provision that states “Domestic use only”. A decision will need to be made as to whether this precludes showing it in the education institution. Many institutions have decided that the intention of this statement is not to specifically deny the right given under s.34(2), and have decided that the showing of these DVDs is permissible. Each institution has to decide whether to take this route, and the risk of infringement action against the institution in these circumstances is likely to be low.

    For entertainment 

    Where the purpose of the viewing the DVD is entertainment, a licence, such as those offered by Filmbank, is likely to be required as this is not for educational purposes or in a private domestic setting (the library and the college generally would be considered a public place) – further details.
     
    So, where the performance, showing or playing of a work is not for purposes of instruction, appropriate permission from the copyright owner of the work or a licence from the relevant collective licensing organisation should be obtained.   Alternatively, DVDs can be viewed privately at home.

    Information provided by JISC Legal.

    Recording lectures

    Consent forms

    The School often makes audio and video recordings of lectures given by School staff as well as visiting speakers. We advise that before scheduling a lecture for recording, the consent of the speaker is obtained using a consent for external visitors. To arrange a recording of a lecture please visit the Lecture Capture page.

    Written consent should also be obtained from any individual who is the focus of a recorded lecture in order to process his/her personal data fairly. This is likely to include the
    lecturer and other active participants. All attendees should know that a recording is taking place, the purpose of the recording and to whom it will be made available, with
    an opt-out provided. Any student who does not wish to be recorded should be advised not to speak during the lecture. Any appeals against this should be dealt with on a case by case basis.

    Ownership (employees)

    Where an an employee of the School creates a literary, dramatic, musical, artistic work, or a film work, in the course of their employment, the default position in law is that copyright in the work will belong to the the School. Unless there is a contract or agreement to the contrary (s. 11(2) of CDPA). Audio recordings and accompanying slides are only made available via Moodle and therefore via a secure network.

    Image: Health Economics: Coming of Age, LSHTM

    What can be included in a lecture?

    All copyright works such as text, images, video, sound can be included in a lecture under the "Fair Dealing" exception for the purposes of criticism or review and also the exception for "illustration for instruction". In order to satisfy section 30 of Copyright law (s. 30 of CDPA), a work has to have been published, sufficient acknowledgement provided in the lecture and the ‘fairness’ test satisfied. This means the purpose for including the work must be clear. A work is not criticized or reviewed where it is explained, or where it is simply reproduced in a different form. Equally, where works are used to enhance the resource or are used for illustrative purposes only, this is unlikely to satisfy the Fair Dealing exception.

    What should I consider for my recorded lecture?

    • Have you checked the material that uses copyrighted works has been attributed correctly and comes under criticism and review rather than to illustrate and explain?
    • Have you ensured that copies of the slides are accompanied by the audio recording to ensure that the criticism and/or review are not separated from the extract?

    Ownership (external speakers)

    Where lectures are created by non employees (students, visiting lecturers) the School requires permission, or a licence from the copyright owner to include them in the lecture recording. In the consent form the School does not claim copyright in the content but rather the individual ‘recording’ or 'performance'. Without external consent to ‘license’ their lecture we cannot use the recording.

    Further Information

    (2010) Recording Lectures: Legal Considerations. JISC. http://www.jisclegal.ac.uk/Portals/12/Documents/PDFs/Recording%20Lectures.pdf

    Free online intellectual property training from the Intellectual Property Office - choose from 4 subjects

  • Copyright and research outputs

    The School recognises that widely disseminating research outputs and research results is essential to the success of the institution and its researchers.

    However, it is important that dissemination takes account of copyright law and that researchers act according to the licences or conditions agreed with publishers, funding agencies and other parties.

    Publishers very often allow published authors to self-archive a version of their article on an institutional website or in a research repository such as Research Online after an embargo period. This is normally the final draft post-peer reviewed version but not the publisher's PDF version shown here

    Use SHERPA/RoMEO, a searchable database of publisher copyright and self-archiving policies, to check which version of your article can be archived, when and under what circumstances.

    Examples of publishers’ default copyright and archiving policies on Sherpa/RoMEO

    BMJ | BioMed Central | Blackwell Publishing | Elsevier | Emerald | FrontiersIEEE | Inderscience | Institute of Physics - IOP

    Oxford University Press | Policy Press | Public Library of Science (PLOS One) | Sage | Springer

    SpringerOpen | Taylor & Francis | Wiley-Blackwell | Wiley-VCH Verlag |

    Who owns the copyright of my research?

    Unless there is an express agreement to the contrary any copyright created by School staff in the ‘course of their employment’ belongs automatically to the School under the employer exception.

    Copyright generated in the ‘course of employment’ commonly includes: 

    (a) all written work such as articles, power point slides, databases; 

    (b) lecture notes and other taught course content, emails etc; 

    (c) all images, diagrams, technical drawings, photographs etc.; and 

    (d) software. 

    This is true in all forms in which the copyright is expressed, whether physical, electronic, digital, magnetic etc. It is for the employee to demonstrate the existence of special
    arrangements that exempts them from this basic rule. 

    **However, please bear in mind that historically the School does not actively lay claim to the copyright of the material produced by researchers which allows academics a license to publish research articles with journals. Many universities follow this guideline also.**

    You can find out more on this by reading the relatively short IP policy of the School under "ownership of copyright

    Licensing your work

    The Copyright Toolbox provides some sample wording for a licence. However, not all publishers will negotiate or allow you to license your work, and you may have to assign copyright.  

    Creative Commons is a licensing scheme which allows authors to license their work so that others may re-use it without having to contact them for permission. You may not add a Creative Commons licence to a work for which you do not hold the copyright.

    The Creative Commons CC-BY licence (BY = a work is "by" someone) is normally recommended for Open Access publishing and public funding bodies in the UK are increasingly requiring its use, for example Wellcome Trust and the Research Councils UK (RCUK). This licence grants users the freedom to share and re-use published content as long as the original author is attributed.

    Please note that if you have assigned copyright to the publisher, you will not be able to add a licence to your work, including any earlier versions of it, unless you ask for permission from the publisher.

    Copyright and Open Access

    Open Access publishing does not require academic authors to give up their copyright in the same way as traditional publishing.  In fact, as the licensing terms are looser than the "all rights reserved" model, publishing your work on an Open Access basis gives you more control of how your work is distributed. It allows you to post your work in an online repository, re-use it in other publications, and so on, while freeing other users of your work from worries that downloading your work might be illegal. Depending on the licensing terms used for publication, Open Access published paper can be downloaded for free, read, shared and derivatives made whether for for commercial purposes or not.

    Text and Data Mining for non-commercial research

    Text and data mining is the use of automated analytical techniques to analyse text and data for patterns, trends and other useful information.

    Text and data mining usually requires copying of the work to be analysed. Before the law was changed, researchers using text and data mining in their research risked infringing copyright unless they had specific permission from the copyright owner.

    What’s changed?

    The new copyright exception allows researchers to make copies of any copyright material for the purpose of computational analysis if they already have the right to read the work (that is, work that they have “lawful access” to and also includes).

    What copying are researchers allowed to do for text and data mining analysis?

    Under this law, researchers are allowed to make copies of whole copyright works that they have lawful access to, without asking for specific permission, as long as they are making these copies solely for the purpose of non- commercial research.

    Publishers and content providers are able to apply reasonable measures to maintain their network security or stability so long as these measures do not prevent or unreasonably restrict a researcher’s ability to make the copies they need to make for their text and data mining. Contract terms that stop researchers making copies of works to which they have lawful access in order to carry out a text and data mining analysis will be unenforceable.

    The researcher will be able to copy works and journals that the Library subscribes to for text and data mining for non-commercial purposes without seeking additional permissions.

    Further information

    Find out more about the various Creative Commons licences.

    Free online intellectual property training from the Intellectual Property Office - choose from 4 subjects

  • Copyright for students

    Do I own the copyright in my work?

    Yes. The School's IP policy states that students of the School own their own Intellectual Property (IP) this includes any coursework, project, dissertation or thesis produced by the student and that they own the copyright, no copying, issuing or publication of such works can occur without their prior written consent.

    What about patents/inventions?

    Students and other third parties are not employees of the School and thus any inventions they generate are owned by them, unless it is done in collaboration with the School or using School facilities or funding, in which case joint ownership shall probably arise. In such circumstances the School shall seek an assignment from the student or third party in order to secure sole ownership, in return for a specified share in any future revenues.

    Yes. Your essays, emails, exam scripts, dissertations and other original material you create in the form of projects or assignments all constitute copyright material. You are the rights holder, but the School requires you to submit copies for the purpose of marking and assessment.

    What about copyright in my thesis?

    Copyright in the thesis (as distinct from other research outputs such as the data set) rests with the student unless they transfer their copyright to another party. In such a case the student must seek permission from the new copyright holder to reuse any of the original material in their e-thesis.

    As part of the E-Theses policy the School seeks a non-exclusive licence to enable the thesis to be made available via the School's online research repository LSHTM Research Online. Theses held in LSHTM Research Online will have the Creative Commons licence CC BY-NC-ND which allows reuse of material as long as it is credited and not used for commercial purposes. If candidates require a different licence they need to specify this choice to Registry when submitting the e-thesis.

    What about other copyright material in my thesis?

    Under the "fair dealing" exception for criticism and review in UK Copyright Law, students are allowed to include third party material in their e-thesis as long as it meets certain criteria.

    1. The source must be acknowledged
    2. Any item copied must be accompanied by a discussion or assessment of its value, significance or importance
    3. You only use the minimum amount necessary to fulfil the criteria.

    If you are including material that does not fit the fair dealing criteria for exception and review you need to request copyright clearance.

    Template emails to request clearance from the permissions holder are available and a School presentation on "How to Make Your Thesis Legal" is also available.

    Where third party material has not been cleared then the student must also submit a redacted version of the final, post-viva corrected thesis. The redacted copy must be clearly identified in the file name. 

    For guidance and help on this please visit the E-thesis FAQ or email the Registry team at rdexaminations@lshtm.ac.uk

    The Freedom of Information Act and your thesis

    Your thesis is currently subject to the Freedom of Information Act, as the School is a public authority as defined in the Act.

    This means that unless your thesis meets the statutory criteria for exemption under this, or other Act of Parliament and is therefore embargoed, we must supply a copy of your thesis to anyone who requests it. For advice see Freedom of Information at the School.

    You may copy the following amounts for the purposes of non-commercial research and private study:

    • one article in a single issue of a journal or set of conference proceedings, or a single law report
    • up to 5% of a book or a complete chapter, whichever is greater
    • a whole poem or short story from a collection, provided the item is not more than 10 pages
    • up to 10% (maximum of 20 pages) per short book (without chapters), report or pamphlet
    • one separate illustration or map up to A4 size
    • short excerpts from musical works (not whole works or movements). No copying is allowed for performance purposes

    Yes. Orphan works are creative works or performances - like a diary, photograph, film or piece of music - for which one or more of the right holders is either unknown or cannot be found.

    An exception to copyright allows the Library that holds certain orphans within our collections, to digitise and place them on our website for non commercial use. This does not include the use of standalone artistic works such as a photograph.

    More information

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