Students are able to reproduce copyright material without permission provided that the dealing is for research or study and that the copying is 'fair'. The Act deems 'fair' to mean:
For the copying to be 'fair' in a literary, dramatic, musical or artistic work, you should consider the factors below.
You cannot use copies made under the fair dealing provisions for any other purpose. If you do, then the copies are infringing copies and penalties may occur. The copyright owner's permission is required.
Under the moral rights legislation, you should always acknowledge the author and title of the work.
Download this document for ready-reference during your research. It includes a sample permission letter and a checklist as well as easy-to-read information on the copyright implications for higher degree research students and academic staff.
What are "moral rights"?
"Moral rights" are rights relating to a creator's reputation in connection with their work and have nothing to do with morality. You must give the creator of a literary, musical, artistic or dramatic work or of a film the right to be attributed as the creator of the work or film and the right to have the integrity of the work respected. These new rights supplement the right of a creator not to have their work falsely attributed.
The right of attribution
You should attribute a creator when you reproduce a work or film and it should be clear and reasonably prominent, so that the person receiving a reproduction of the work or film will have notice of the creator's identity.
The right of integrity
A creator's work should not be subjected to derogatory treatment nor should you do something to a creator's work that is prejudicial to the reputation of the creator.
Plagiarism occurs when the work of another person, or persons, is used and presented as one's own, unless the source of each quotation or piece of borrowed material is acknowledged with an appropriate citation.
The University regards very seriously any acts of cheating, or dishonesty by way of plagiarism. There are a range of penalties which may be imposed on a student for plagiarism.
Students should consult their course materials for further information on plagiarism.
Staff and students at York St John University talk about what constitutes as plagiarism, how to avoid it and what is expected in regards of good academic writing.
There are a number of websites that provide copyright friendly music for educational and personal use - have a look at the Copyright & the Web tab.
Legislation for private copying of music has been recently amended, you may now make a copy of a sound recording that you own, solely for your private and domestic use. Apart from this use under the fair dealing provision, you will require permission from the copyright owner if you want to copy, record, download, communicate or perform music. There are several collecting societies representing copyright owners, music publishers and sound recording companies. These include: