copyright infringement thesis

Graduate Thesis Submission Guide

Thesis Guide
Formatting Requirements
Submitting Your Thesis
Managing References
Database Pro Tips
Avoiding Plagiarism This link opens in a new window
Discoverability, Embargo, and the Scholarly Conversation
Open Access Images
Requesting Permission for Copyrighted Materials
Thesis Collection This link opens in a new window

Copyright and Your Thesis

Respecting copyright — and understanding the basics of copyrighted-related issues — is an important aspect of your thesis-writing process and an issue that will continue to arise throughout your academic and creative career. We know copyright can be intimidating and hard to make sense of: after all, discussions of copyright often stray into complex legal, creative, and ethical terrain. While it isn't necessary for you to be a copyright expert, it is essential that you understand copyright issues as they relate to including and referencing the work(s) of others in your thesis.

With that in mind, here are our overarching recommendations as you consider which third party materials to include in your thesis:

Use open access works and/or works covered by Creative Commons Licenses
Ensure your use of copyrighted materials counts as "fair use" (in other words, repurpose, reinterpret, or otherwise "transform" the copyrighted work in question)
Request permission for copyrighted works
Remove potentially problematic materials entirely from your thesis

We recommend you follow the above guidelines in the order that they're listed ; that is, seek out open access works first to avoid any potential copyright infringements. If you are unable to do so, seek fair use for copyrighted materials. If each of these strategies is unsuccessful, your last resort may be to request permission for copyrighted work[s], or to remove problematic third party content from your thesis entirely if this option fails. The following three subpages — Open Access Images, Fair Use, and Requesting Permission for Copyrighted Materials — breaks each of these issues down into greater detail.

Image Use and Copyright for your Thesis (Slides)

Why Does Copyright Matter?

For the purposes of your thesis, you don't need to be an expert in copyright law. However, understanding the major issues and questions around copyright will help you make informed decisions about your thesis and protect it from copyright challenges once it's published. Understanding and respecting copyright is also about giving credit where it's due, an essential aspect of Pratt's Academic Integrity Policy . So while respecting copyright has to do with protecting your thesis from infringement challenges, on a deeper level it also has to do with pursuing your academic and creative work with integrity and acknowledgement of other's contributions.

The following excerpt from Kenneth Crews' article Copyright and Your Dissertation or Thesis summarizes this sentiment well:

" Finishing your dissertation is exhausting and gratifying. You have invested countless days of research, followed by hours of writing late into the night. You made exciting breakthroughs, and you aspire to a career of further research. You probably did not expect to indulge in copyright at this stage of your study. However, attention to copyright can help avoid pitfalls and reveal opportunities to further your scholarly goals. Given the way that the law operates, copyright law most certainly protects your dissertation as well as the quotations, photographs, music, diagrams, and many other works that you have included in your doctoral study. The decisions you make about copyright can directly affect the quality of your work, your ability to publish your dissertation, and your opportunities for building upon your years of research throughout your career. Attending to the fundamentals of copyright can be important for your scholarship, regardless of your discipline or field of expertise ." (Crews, 2013).

Copyright Checklist

The following checklist — also summarized from Kenneth Crews' article — should be referred to throughout the process of researching and writing your thesis. Though you might be tempted to put these considerations off until later, remember: any preparation or planning done early on will make things much easier as you get closer to submitting your thesis.

Do a thorough sweep or your thesis draft and identify all third-party materials you plan to include in your final project. Common third party materials include images, sources from the Web, and long quotations (over 1.5 pages, single-spaced) from published works.
Ask yourself, " Are any of these materials open access ?" If yes, they have no copyright restrictions.
Ask, " Does my inclusion of this material count as fair use ?"
Ask, " Do any of these materials have Creative Commons Licenses ?" Creative Commons Licenses allow for free distribution of otherwise copyrighted works (with proper attribution).
For any materials that don't meet the above conditions, ask, " Do I have permission to use these ?" If not, refer to the "Requesting Permission for Copyrighted Materials" page of this guide.
Ask, " Am I including any materials that I've created but that have been previously published elsewhere ?" Even if you are the original author of these materials, you will need permission to include them in your thesis.

Resources and Further Reading

We've provided relevant excerpts from these resources throughout this guide, and have also included them in their entirety below for you to review.

ProQuest Copyright Guide The following guide by ProQuest offers guidelines for avoiding copyright infringement and introduces the kinds of materials or sources that require copyright permissions. This document also includes a sample Permission Form and instructions to follow when requesting permission from copyright owners.
ProQuest - Copyright and Your Dissertation or Thesis This article by Kenneth Crews offers a more extensive overview of copyright and its significance, before discussing the fundamentals of copyright — both protecting your own and respecting others' — as they relate to your thesis. Though not required reading, Crews' article has a wealth of useful information that will strengthen your understanding of copyright as you research and write your thesis.
Pratt Institute Academic Integrity Policy Copyright issues directly relate to Pratt's Academic Integrity Policy, as each stress the importance of crediting and acknowledging the contributions other writers, artists, and thinkers have made to your work. "Giving credit where it's due" is a central aspect of academic integrity and an essential element of your thesis.
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Last Updated: Mar 18, 2024 4:04 PM
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Thesis and Dissertation Guide

« Thesis & Dissertation Resources
The Graduate School Home
Introduction
Copyright Page
Dedication, Acknowledgements, Preface (optional)
Table of Contents
List of Tables, Figures, and Illustrations
List of Abbreviations
List of Symbols
Non-Traditional Formats
Font Type and Size
Spacing and Indentation
Tables, Figures, and Illustrations
Formatting Previously Published Work
Internet Distribution
Open Access

Registering Copyright

Using copyrighted materials.

Use of Your Own Previously Published Materials
Submission Steps
Submission Checklist
Sample Pages

IV. Copyrighting

A copyright is an intangible right granted to the author or originator of certain literary or artistic productions, under which they are invested for a limited period with the sole, exclusive privilege of making copies and publishing and selling them.

Copyright protection automatically exists from the time the work is created in fixed form. There is no requirement that the work be published or registered to obtain protection under copyright law. The copyright of any work immediately becomes the property of the author who created the work, unless it is a work-for-hire, or unless ownership has been assigned by written agreement.

Receipt of a submitted and approved thesis or dissertation in The Graduate School results in the publication of the document by the University Library at UNC-Chapel Hill. As such, each student grants the University a limited, non-exclusive, royalty-free license to reproduce the student's work, in whole or in part, in electronic form to be posted in the University Library database and made available to the general public at no charge. This does not mean that UNC-Chapel Hill owns the copyright to your work (you do), but the University has the right to reproduce and distribute your work. Public universities often require students to allow reproduction and distribution of academic work to support the dissemination of intellectual thought and discovery. Please review the Copyright Policy of the University of North Carolina at Chapel Hill for additional information.

Regardless of whether or not you register copyright for your thesis or dissertation, UNC-Chapel Hill requires that you include a copyright notice following the title page. See Section I of this Guide and the sample copyright page for the format of this notice. Including this page helps to establish that you are the owner of the work. It also protects you, as the copyright holder, from anyone claiming innocent infringement or unintentional violation of copyright.

You may wish to register your copyright with the U.S. Copyright Office at the Library of Congress. As mentioned above, copyright registration is not a condition to copyright protection. There are, however, advantages to registration, especially if you have a claim of infringement of your copyright. Registration may be made at any time within the life of the copyright, but there are advantages to filing for registration within three months of publication. For more information on registration, consult the website of the U.S. Copyright Office .

There are two main ways for you to file for copyright of your thesis or dissertation:

You may empower ProQuest to file the application on your behalf. When you submit your thesis or dissertation, ProQuest charges a fee for this service ($55, subject to change). The service includes preparing an application in your name, submitting your application fee, depositing the required copy or copies of the manuscript, and mailing you the completed certificate of registration from the Library of Congress.
Alternately, you may file for copyright directly. Visit the following U.S. Copyright website for more information about registering your work . There is a copyright fee for filing copyright directly with the U.S. Copyright Office ($35, subject to change).

Any copyrighted materials used in your work, beyond brief excerpts, may be used only with the written permission of the copyright owner. Book and journal publishers normally hold the copyright for all materials they publish. Therefore, even if you are the sole or one of several authors of material in a published book or journal, you must obtain written permission from the copyright holder if you are including this material in your document. Remember that use of reproductions or excerpts of other media, such as music, graphic images, or computer software may also require permissions.

Your letter to the copyright holder needs to make clear that you seek written permission to preserve (on microfilm and digitally) and publish (in print and digital form) your thesis or dissertation through ProQuest and that ProQuest may sell, on demand, for scholarly purposes, single copies of your work, which includes the copyright holder's material. Your letter must also seek written permission for the document to be submitted in electronic format to UNC-Chapel Hill where it will be placed in a database and made available through the University Library to the general public at no charge via the Internet.

You are responsible for securing all necessary permissions and paying any permission fees in advance of using copyrighted materials in your work.

Use of Your Own Previously Published Material

Some academic programs permit you to include articles or other materials that you have previously published, that have been accepted (or submitted, in press, or under review) for publication, or that have been otherwise presented to the public within the body of your thesis or dissertation. In all such instances the following guidelines apply:

If the material is co-authored, your academic program must approve its inclusion in your thesis or dissertation.
If the material is copyrighted (if you are the sole author but the copyright is held by the publisher), you must fulfill the conditions specified in the section above on using copyrighted materials .
The material, if included in the body of your text, must conform to all formatting guidelines outlined in this Guide. See the Formatting Previously Published Work section for details.

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Library Guides
Copyright & plagiarism

Theses, Dissertations, and Creative Components: Rights and Responsibilities

Copyright infringement vs plagiarism
Doing research
Publishing new work based on your thesis
Reusing your own work in your thesis
Getting permission for reuse
Fair use and your work

Copyright Infringement vs. Plagiarism

Copyright infringement and plagiarism are two different, but related, issues. Understanding the difference between the two and how they can affect your work can be incredibly useful as you publish your works, particularly if your work is building upon past scholarship and research.

Plagiarism: The action or practice of taking someone else's work, idea, etc., and passing it off as one's own; literary theft. This is an ethical offense.
Copyright Infringement: When a copyrighted work is reproduced, distributed, performed, publicly displayed, or made into a derivative work without the legal permission of the copyright owner. This is a legal offense.

It is possible to plagiarize even when you have cleared permission for all the copyrighted works in your thesis, if you forget to cite where those sources came from. Similarly, it is possible to infringe copyright even when you have given careful attribution, if you do not have permission to share the works you are including in your own.

Copyright and Plagiarism - Duke University Libraries While primarily focused on explaining plagiarism to students, this site does give a good idea of the relationship between plagiarism and copyright infringement.

When to get permission:

For images, figures, and longer excerpts or copies of a copyrighted work, you will likely need to get permission to reuse the work in your won thesis or dissertation. More information about this can be found on the next pages of this guide.

When to cite:

If you are using a short quote or example from a scholarly work to criticize, review, or provide context for your work (as for a literature review), you do not usually need to get permission from the rights holder. However, whenever you use someone else's work to inform your own, you need to cite where your information came from!

You are likely used to this process by now. You probably learned about citing sources in your introductory English or Writing Communication courses. However, you might not know that you also need to cite sources that you've gotten copyright clearance or permission to include in your thesis/dissertation. When in doubt, cite!

Citation Style Guides by Lorrie Pellack Last Updated Jan 25, 2024 825 views this year
Zotero for Citation Management by Dan Coffey Last Updated Jan 25, 2024 5663 views this year
EndNote & EndNote Web by Jesse Garrison Last Updated Jan 23, 2024 520 views this year

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University of Michigan Library
Research Guides

Copyright for Dissertations

Using Others' Content
Copyright in Your Dissertation
Publishing Your Dissertation

Copyright Questions?

The University of Michigan Library Copyright Office provides help with copyright questions for University of Michigan faculty, staff and students. Please email us with questions or visit our website for more information.

Legal Advice

The information presented here is intended for informational purposes and should not be construed as legal advice. If you have specific legal questions pertaining to the University of Michigan, please contact the Office of the General Counsel .

If you require legal advice in your personal capacity, the lawyer referral services operated by the Washtenaw County Bar Association and the State Bar of Michigan may be helpful to you.

Using Third-Party Materials in Your Dissertation

If you use materials (such as text, images, sound recordings, etc.) created by a third party in your dissertation, you need to consider whether copyright law allows your use of those materials. In some cases, even reusing your own published articles can raise copyright concerns, if you have transferred your copyright to someone else, like your publisher. Even when copyright permits your use of a work, contract law may prevent it. When you agree to terms of use in order to gain access to a copy of a work (such as a letter in an archive or a newspaper article in an online database), those terms also control what you can do with the work.

You can proceed without copyright permission if you are using something that is not copyrightable or is in the public domain . You also don't need permission if you are using it in a way that does not implicate one of the rights of copyright holders or is permitted by a user’s right , such as fair use. If none of these circumstances applies, you need a license to use the work. In some cases, an existing license may cover your use. In others, you will need to get a new license from the copyright holder. For more information on these subjects, please see our Copyright Basics and Obtaining Copyright Permissions guides.

In addition to the copyright issues, it is also vital to follow attribution norms within your discipline. For more information about the distinction between plagiarism and copyright infringement, see below.

Contracts at Libraries, Archives, and Museums

Some institutions require you to sign an agreement before accessing their collections. That agreement may limit your ability to use their materials. These agreements are valid even when the materials are in the public domain or using the materials would qualify as fair use. For instance, if you agree to get permission from the institution before publishing any images of items from its collection, you are bound by that agreement.

To avoid trouble on this issue,

Ask up front what the terms are and whether you can use the materials in your dissertation;
Carefully read the terms of any agreements you sign; and
Keep a copy of the terms, noting the materials to which they apply.

Fair Use in Dissertations

Fair use allows certain uses of copyrighted material without permission from the copyright holder. There are four factors to consider when determining whether your use is a fair one. You must consider all the factors, but not all the factors have to favor fair use for the use to be fair. The outline below explains how the fair use factors and their subfactors apply to using third-party material in a University of Michigan dissertation.

First Factor: "The purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes"

Uses that fall under one of the favored purposes listed in the fair use statute (17 U.S.C. § 107) or have a nonprofit educational purpose will weigh in favor of fair use. Favored purposes include scholarship, research, criticism, and comment. Since uses in dissertations often have these purposes, this subfactor favors fair use.

Uses that are commercial weigh against fair use. Most uses in dissertations are not for commercial purposes, but that may change if you publish your dissertation with ProQuest or another commercial entity.

Uses that are transformative weigh in favor of fair use. A use is transformative when the use adds new meaning or message to the original work, giving it a new purpose. For example, imagine you are writing your dissertation about the impacts of advertising directed to children. You include a toy advertisement and analyze how it reached a child audience. The original purpose of the advertisement was to increase demand for the toy, while your purpose is for scholarship and critique, making your use transformative. Quoting another scholar's analysis of the advertisement would not necessarily be transformative, though it is still often fair use.

Second Factor: "The nature of the copyrighted work"

If the work used is creative, that will weigh against fair use. If the work used is factual, that will weigh in favor of fair use. The outcome of this subfactor varies depending on the work used.

If the work used is unpublished, that will weigh against fair use. However, the fair use statute explicitly states that the unpublished nature of a work will not bar fair use if the use is otherwise fair. The outcome of this subfactor varies depending on the work used.

Third Factor: "The amount and substantiality of the portion used in relation to the copyrighted work as a whole"

Using all or much of the original work will weigh against fair use. The outcome of this subfactor varies depending on the use.

Using the most important part of the original work (the "heart") will weigh against fair use, even if it is only a small amount of the work. The outcome of this subfactor varies depending on the use.

The third factor is neutralized if the amount used is necessary for a transformative purpose, even if the entire original work is used. For instance, the third factor would be neutralized in the use of the toy advertisement described above — all of the advertisement has to be used in order to achieve the transformative use.

Fourth Factor: "The effect of the use upon the potential market for or value of the copyrighted work"

Uses that decrease demand for the original work by providing a substitute will weigh against fair use. In many cases, using a work in your dissertation will not provide a substitute for the original work, but the outcome of this subfactor can vary depending on the use.

Uses that decrease demand for the original work by criticizing it (as with a negative film review) have no impact on the fourth factor.

If the licensing market for the use you are making is "traditional, reasonable, or likely to develop," that will weigh against fair use.

Resources on Fair Use

Fair Use Checklist This checklist from the Columbia Copyright Advisory Office helps users consider the factors and subfactors of the fair use analysis.
Codes of Best Practices in Fair Use These codes document the shared best practices of communities that rely on fair use, including fair use for online video, fair use of images for teaching, research, and study, fair use for OpenCourseWare, fair use for documentary filmmakers, fair use for the visual arts, and fair use for academic and research libraries.
Summaries of Fair Use Cases This set of case summaries from Stanford is a good resource for learning about fair use law.
US Copyright Office Fair Use Index This index of fair use cases is searchable by media format, case outcome, jurisdiction, and date. It is helpful for learning about legal precedents and judicial interpretation of the fair use doctrine.
Fair Use for Nonfiction Authors This guide, published by the Authors Alliance, explains when fair use applies to the use of sources in nonfiction works such as scholarly articles. It has been endorsed by the American Council of Learned Societies and the Association for Information Science and Technology.

Using Material Under an Existing License

A Creative Commons license makes it easy for you to know how you can use a work. Images licensed under Creative Commons licenses can be particularly useful if you need a generic rather than specific image. Because the rights holder has already given everyone permission to use the image under the terms of the license, you do not need to evaluate fair use or seek permission in order to use it.

When you use a work licensed under one of the Creative Commons licenses, you need to comply with the license requirements (unless your use is otherwise permitted, e.g., by fair use). All Creative Commons licenses require attribution. Using the work without giving attribution means you do not meet the legal conditions of the license. However, the licenses are deliberately flexible about the requirements for that attribution. The Best Practices for Attribution are outlined on the Creative Commons wiki. Our guide to Creative Commons licenses has more information on this topic.

Creative Commons Resources

When works are marked with code generated by the Creative Commons License Chooser , that mark is machine readable. A number of search tools allow users to limit their search by license.

CC Search CC Search enables users to search across multiple platforms for content licensed under one of the Creative Commons licenses.
Google: Find Free-to-Use Images This page explains how to use Google's search engines to find images, text, and videos that are licensed under Creative Commons licenses.

Copyright Infringement vs. Plagiarism

Copyright infringement and plagiarism are related but distinct concepts. Plagiarism is using the work of another without attribution. Copyright infringement is any reproduction, distribution, modification, performance, or display of a copyrighted work without the permission of the rights holder that does not fall under fair use or another user's right.

It is possible to plagiarize even when you have cleared permission for all the copyrighted works. Similarly, it is possible to infringe copyright even when you have given careful attribution. In addition to resolving the copyright issues, you must follow attribution norms within your discipline in order to avoid plagiarizing others' work.

U.S. copyright law does not require citation in a particular form. However, following academic citation norms can help improve your fair use analysis. Check with your dissertation advisor for help figuring out what citation style you should use in your dissertation.

The Rackham Dissertation Handbook (PDF) says sources that must be cited include, but are not limited to:

language or wording either taken directly or paraphrased from another source, whether published or not; concepts, interpretations, techniques, methods, test instruments or procedures borrowed or adapted from another work, whether published or not; charts, graphs or figures borrowed or adapted from another source, whether published or not; photographs, films, recordings, digital material or other images from another source; and data, surveys or results of any kind from any other inquiry or investigation.

The Sweetland Center for Writing provides a number of resources on plagiarism and how to avoid it, including Beyond Plagiarism: Best Practices for the Responsible Use of Sources .

Copyright Violation on the Internet: Extent and Approaches to Detection and Deterrence

This research uses data collected from a university campus network via Deep Packet Inspection (DPI) monitoring and from the largest public BitTorrent tracker to characterize the extent of unauthorized transfers of copyrighted content using Peer-to-Peer (P2P) and to evaluate the effectiveness and limitations of DPI in detection of such activity, both to provide a perspective of how much copyright infringement happens using P2P and to inform those seeking to deploy DPI technology.

Use of P2P and transfers of copyrighted content were widespread on campus. In Spring 2008, 40% of students living on campus were detected using a P2P protocol, 70% of which were observed attempting to transfer copyrighted material. In late 2010, we estimate that over 800 million copies of content were transferred globally using BitTorrent per day, with an estimated number of transferred songs 13.1 times greater than worldwide sales of songs, and estimated number of transferred movies 6.8 times greater than worldwide box-office sales and 16.4 times greater than U.S. DVD and Blu-ray sales. Most transfers were from a small number of very popular titles that were widely available for sale. We found no evidence that use of P2P to transfer content without violating copyright was common both on campus and global BitTorrent. This indicates that copyright law is violated frequently using P2P, and while we cannot quantify how P2P transfers translate to lost sales, it is reasonable to assume some sales are lost due to P2P.

Focusing on effectiveness of DPI, after a couple weeks of monitoring DPI found up to 80% of detected P2P users attempting to transfer copyrighted content. In the short term, DPI could be effective to assess which network users transfer copyrighted content using P2P given some weeks of monitoring. However, limitations such as not being able to detect users of encrypted P2P can reduce DPIʼs effectiveness in the long term. Using behavioral classifiers that we implemented and that can detect encrypted BitTorrent from traffic summaries, we found students shifting from unencrypted to encrypted BitTorrent in the 2007-2008 academic year. If this trend continues, effectiveness of DPI for enforcement can be significantly hindered

Degree Type

Dissertation
Engineering and Public Policy

Degree Name

Doctor of Philosophy (PhD)

Usage metrics

Public Policy
Engineering not elsewhere classified

University Library, University of Illinois at Urbana-Champaign

Copyright for Graduate Students: Theses and Dissertations

Public Domain
Creative Commons Licensing
Obtaining Copyright Permission
International Materials
State and Federal Governmental Materials
University Policies on Copyright
Depositing Your Dissertation/Thesis in IDEALS

Copyright Questions?

Should you have further questions, please do not hesitate to ask Sara Benson, the Copyright Librarian, for assistance. Sara can be reached at 217-333-4200 or [email protected]

Scholarly Communication and Publishing

Fair Use: Legally Using Someone's Work Without Permission

Fair use is a limitation on someone's ability to assert copyright infringement. In court, it operates as a defense that an individual can assert if sued for infringement.

Fair use can be found in 17 U.S.C. Section 107 (The Copyright Act).

The preamble to fair use provides that reproduction of copyrighted works may be made for "purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research . . . "

Thus, academic uses may qualify as a fair use. There are a few things to be aware of, though:

Fair use determinations should be made on a case-by-case basis (i.e. not every scholarly use of an item is fair use);
Fair use is a weighing test and is not limited to the four factors described below (judges may take other factors into account);
Fair use is an affirmative defense (in other words, a person can still be sued for copyright violations even if the use is almost certainly a fair one--since fair use is an affirmative defense, the burden is on the person making the copy (the user of the work) to justify the use as a fair use.

Keeping those points in mind, the four fair use factors provided in Section 107 of the Copyright Act are:

the purpose and character of the use, including whether such use is of a commercial nature or is for non-profit educational purposes;
the nature of the copyrighted work;
the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
the effect of the use upon the potential market for or value of the copyrighted work.

The Four Factors

Purpose and Character of the Use
Nature of the Copyrighted Work
Amount and Substantiality of the Portion Used
Effect of the Use Upon the Potential Market for or Value of the Copyrighted Work
Documenting Your Good Faith Attempt to Determine Fair Use

In considering this factor, judges (courts) typically look to the purpose for which the user intends to use the work. If the purpose is for educational purposes or research purposes, that would weigh in favor of fair use. If the purpose, on the other hand, is to make a profit or for commercial gain, that would weigh against fair use.

Importantly, courts also consider whether the use is a transformative one. A transformative use is one that alters the original work "with new expression, meaning or message . . .." Campbell v. Acuff-Rose Music , 510 U.S. 569, 579 (1994). Interestingly, since this interpretation of factor one was first introduced by the Supreme Court in 1994, courts have expanded its application to all of the other factors. In other words, the more transformative a work is, the less the "negative" weight of the other factors would impact the analysis.

For instance, in the Google Books decision (see Author's Guild v. Google, Inc ., 804 F.3d 202 (2015)), even though Google Books is a commercial enterprise (negative weight under factor 1), and was copying entire books (negative weight under factor 3), the fact that the "snippet" view used by Google Books was transformative made the use a fair one in the opinion of the Second Circuit Court of Appeals (note that this case was never decided at the Supreme Court level).

The nature of the work refers to whether the work was published (more likely to be considered a fair use) or unpublished (less likely to be considered a fair use) as well as whether the work is factual/historical in nature (more likely to be a fair use) or highly creative (less likely to be a fair use).

This factor considers how much of the protected work was taken. Did you make a copy of just a paragraph? Or did you copy an entire book? It is also important to consider the quality of the work taken, not just the quantity. For instance, courts take into account whether the "heart" of the work was taken, not just whether a substantial portion was reproduced.

In this factor courts generally consider whether the use of the copyright protected work would replace the market for the original work. For instance, if I copied and pasted an entire book of the Harry Potter series online then individuals wishing to read the book would no longer have to purchase the book and the author of the book would be harmed. Thus, that would not be considered a fair use. However, if I wrote an essay, a piece of fan fiction using the names and likeness of the characters from Harry Potter but with a new plot, perhaps it would not easily replace the original and would not supplant the marketplace of the Harry Potter book sales (however, remember that derivative works are also under the control of the author, so if the new piece of fan fiction were not transformative enough, it likely would not be considered a fair use overall--remember that all factors, not just one, need to be weighed when considering fair use).

There are many useful online tools to utilize in order to determine whether a particular use is a fair use. It is a good idea to document your fair use determination and keep it on file. Remember to make case-specific determinations, not global ones. For instance, instead of completing one fair use checklist for the use of 13 images in an article, complete 13 separate checklists and keep them on file. If you determine that the use is not a fair use, seek permission.

Do You Know Your Fair Use Rights?

Fair Use Analysis Visualized

The following charts are a visual representation of the balancing act that fair use entails. Adapted from Columbia University’s Fair Use Checklist , as well as the University of Minnesota’s Fair Use Decision Map .

If more of your answers fall towards the green end of the spectrum, your use has a better chance to be considered fair. Too many red answers signify a time when it is best to get permission .

Fair Use of Tables, Charts, & Graphs for Research Purposes

Frequently, researchers wish to utilize charts or graphs of factual data created by another author in their own research or publication. As noted on the Home Page page, copyright protection does not extend to protect facts. The question, then, is whether copyright protection extends to the "arrangement" of facts as presented in charts and graphs. Generally speaking, if there is only one real way to present the data, whether it be a pie chart or a graph, the factual representation is not protected by copyright.

Whereas, if there is some amount of creative expression involved in the arrangement of the factual information (for instance a painting depicting factual data gathered from daily temperature readings), then the arrangement of the data would be protected as a creative expression.

For more information about one interpretation of whether the display of factual data is protected by copyright, see Copyrightability of Tables, Charts, and Graphs [pdf] by Bobby Glushko.

Innesw , Chart SVG Example 5 -Simple Pie Chart.svg, commons.wikimedia.org, CC-BY-SA 3.0.

Additional Tools and Checklists

Regardless, it is a good idea to document, for your own records, your good faith attempt in determining whether a particular use of copyrighted material is/is not a fair use.

Here are a few websites that can guide you through that process and provide you with documentation of your good faith efforts:

Fair Use Checklist [pdf] A friendly and easy to use tool by Kenneth Crews and Dwayne Butler. This Fair Use Checklist can be printed and used to help you make a decision about your use of a work. It’s a good idea to use the checklist and save a copy for your records any time you have to make a decision about fair use.
ALA's Fair Use Evaluator A bit more in depth analysis for those who are more familiar with fair use.
ACRL Code of Best Practices in Fair Use
Fair Use Info-graphic This info-graphic provides a summary of fair use principles.

Additionally, and as always, you may contact the Copyright Librarian, Sara Benson at [email protected] for additional assistance.

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Next: Creative Commons Licensing >>
Last Updated: Mar 21, 2023 12:58 PM
URL: https://guides.library.illinois.edu/copyrightforgradstudents

/images/cornell/logo35pt_cornell_white.svg" alt="copyright infringement thesis"> Cornell University --> Graduate School

Fair use, copyright, patent, and publishing options.

Is information that you plan to include from others considered “fair use” and are you acknowledging these sources correctly?
Embargo of online copies
Creative Commons license
Has a patent application been filed (or will one be) on the basis of your thesis or dissertation research?
Register for copyright?
Supplementary materials
Make your work discoverable on search engines?
Make your work accessible to people with visual disabilities

1. Is information that you plan to include from others considered “fair use” and are you acknowledging these sources correctly?

You are responsible for acknowledging any facts, ideas, or materials of others that you include in your work. You must follow the guidelines for acknowledging the work of others in the “Code of Academic Integrity and Acknowledging the Work of Others” (published in the Policy Notebook for the Cornell Community ) .

If you use any copyrighted material in the dissertation or thesis, it is your responsibility to give full credit to the author and publisher of work quoted. The acknowledgment should be placed in a footnote at the bottom of the first page of the paper or chapter. Additionally, you must determine whether use of the material can be classified as a “fair use” by performing an analysis of your use of each copyrighted item. The Cornell Copyright Information Center’s Fair Use Checklist ) is a helpful tool for performing this analysis. (See also, Copyright Law and the Doctoral Dissertation: Guidelines to Your Legal Rights and Responsibilities , published by ProQuest, or The Chicago Manual of Style , published by the University of Chicago Press.)

If your use of material is not considered a “fair use,” you must obtain written permission from the copyright owner. Two copies of each permission letter must be submitted with the dissertation or thesis. ProQuest has specific requirements for the content of the permission letter. For these guidelines, consult the ProQuest Doctoral Dissertation Agreement form (published by ProQuest).

If you have already published or had accepted for publication part of your own dissertation or thesis material in a journal, depending on the terms of your publication agreement, it may be necessary to write to that journal and obtain written authorization to use the material in your dissertation.

2. Embargo of online copies

The value of your dissertation extends well beyond your graduation requirements. It’s important that you make an informed decision about providing online access, via ProQuest and eCommons, to your work. This decision can expand the visibility and impact of your work, but it can also shape the options available to you for publishing subsequent works based on your dissertation.

ProQuest’s ProQuest Dissertations and Theses (PQDT) database indexes almost all dissertations published in the U.S. and provides subscription access online to the full text of more recent dissertations. ProQuest also sells print copies of dissertations, paying royalties to authors, when they exceed a minimum threshold. Authors retain copyright in the works they submit to ProQuest.

eCommons is a service of the Cornell University Library that provides long-term, online access to Cornell-related content of enduring value. Electronic theses and dissertations deposited in eCommons, unless subject to embargo, are freely accessible to anyone with an internet connection. When submitting to eCommons, you retain copyright in your work. Ph.D. dissertations and master’s theses submitted to ProQuest are automatically submitted to eCommons, subject to the same embargo you select for ProQuest.

Electronic copies of dissertations in PQDT or eCommons may be made accessible immediately upon submission or after an embargo period of six months, one year, or two years. You may wish to consider an embargo period which helps address publishers’ interests in being the first to publish scholarly books or articles, while also ensuring that scholarship is accessible to the general public within a reasonable period of time. Your decision should be made in consultation with your special committee.

3. Creative Commons license

Creative Commons licenses provide authors with a straightforward and standardized means of prospectively granting certain permissions to potential users of the author’s material. Authors may request proper attribution, permit copying and the creation of derivative works, request that others share derivative works under the same terms, and allow or disallow commercial uses. Authors may even choose to place their works directly into the public domain. You will have the option of selecting a Creative Commons license when you upload your dissertation or thesis to ProQuest, and your choice will automatically be applied to the copy of your work in eCommons.

4. Has a patent application been filed (or will one be) on the basis of your thesis or dissertation research?

Cornell University Policy 1.5 governs inventions and related property rights. Inventions made by faculty, staff, and students must be disclosed to the Center for Technology Licensing at Cornell University (CTL). Theses and dissertations describing patentable research should be withheld from publication, in order to avoid premature public disclosure.

Use the delayed release (embargo) option if a patent application is or will be in process, noting the reason for the delay as “patent pending.” If you have any questions, please contact Cornell’s Center for Technology Licensing at 607-254-4698 or [email protected] .

5. Register for copyright?

Copyright law involves many complex issues that are relevant to you as a graduate student, both in protecting your own work and in referencing the work of others. Discussion of copyright in this publication is not meant to substitute for the legal advice of qualified attorneys. A more detailed discussion of copyright law can be found in the publication from ProQuest entitled Copyright Law and the Doctoral Dissertation: Guidelines to Your Legal Rights and Responsibilities by Kenneth D. Crews.

Copyright protection automatically exists from the time the work is created in fixed form and the copyright immediately becomes the property of the author. Registration with the United States Copyright Office is not required to secure copyright; rather it is a legal formality to place on public record the basic facts of a particular copyright. Although not a condition of copyright protection itself, registering the copyright is ordinarily necessary before any infringement suits can be filed in court.

To register a copyright for your dissertation or thesis, register online or download printable forms . You may also request forms by mail from the Information Section, U.S. Copyright Office, Library of Congress, Washington, D.C. 20559, or contact them by telephone at 202-707-3000.

Doctoral candidates: You may authorize ProQuest to file, on your behalf, an application for copyright registration. This option will be presented to you as part of the submission process.

6. Supplementary materials

If supplementary materials (audio, video, datasets, etc., up to 2GB per file) are part of your thesis or dissertation, you may submit them as supplementary files during the online submission process. For help selecting long-lived file formats, note ProQuest’s guidance in their document, “Preparing Your Manuscript for Submission (Including Supplemental Files).” File formats for which ProQuest does not guarantee migration may still have a high likelihood of preservation in Cornell’s digital repository; please see the eCommons help page for further guidance.

Do not embed media files in the PDF version of your thesis or dissertation, as this can significantly increase the size of the file and make it difficult to download and access. Include a description of each supplementary file in the abstract of your thesis or dissertation. You may include an additional supplementary file containing more detailed information about the supplementary materials as a “readme” file or other form of documentation; this is particularly advisable for data sets or code. The Research Data Management Service Group ( [email protected] ) offers assistance in preparing and documenting data sets for online distribution.

7. Make your work discoverable on search engines?

ProQuest offers authors the option of making their graduate work discoverable through major search engines including Yahoo, Google, Google Scholar, and Google Books. If you chose the Search Engine option on their dissertation “paper” publishing agreement or within ProQuest’s PROQUEST ETD Administrator (electronic submission service), you can expect to have your work appear in the major search engines.

If you change your mind and do not want your work to be made available through search engines, you can contact customer service at [email protected] or 800-521-0600 ext. 77020. In addition, if you did not initially adopt this option but now want your works made available through this service, contact the customer service group to change your selection.

Please note that search engines index content in eCommons, regardless of the choice you make for ProQuest.

8. Make your work accessible to people with visual disabilities

When creating a PDF version of your thesis or dissertation it is important to keep in mind that readers may use assistive technology such as screen readers to access your document. Follow best practices to ensure that your thesis or dissertation is accessible to everyone. These resources may be helpful:

Cornell CIT’s guidance for creating accessible PDFs
Checking accessibility using Acrobat Pro
Embedding alternative text for images in Word
Save a Word doc as an accessible PDF

Scholars and lawmakers routinely refer to copyright infringement as a strict liability tort. The strictness of copyright liability has long been criticized as immoral, inefficient, and inconsistent with usual tort doctrine. However, this Article questions whether copyright infringement really is a strict liability tort. It advances the thesis that copyright infringement in the United States is a fault-based tort, closely related to the tort of negligence. Using both doctrinal and economic methods, this Article explicates the role that fault plays in copyright infringement. Doing so not only demonstrates that copyright's liability rule is more normatively defensible than previously appreciated, but also provides a unique tort perspective on the nature of the fair use doctrine. By seriously engaging with the analytic question of whether liability for copyright infringement is strict or not, we highlight how the fair use analysis blends and confuses two separate issues: on one hand, did the defendant cause the plaintiff harm, and, on the other, was that harm justifiable? The Article concludes that, while no substantive changes need to be made to copyright's liability rule, judges ought to restructure the fair use analysis in order to keep these concepts distinct from one another.

MIT Libraries logo MIT Libraries

Scholarly Communications - MIT Libraries

Theses & copyright

Fair use and your thesis

There are two key questions to consider when determining whether you can reuse a figure, table, image, or other content in your thesis without obtaining permission from the copyright holder:

Is the figure copyrighted? For the most part the answer to this will be yes (see Copyright Term and the Public Domain in the United States ). Generally, once the content was put in tangible form, and unless it was created prior to 1923 or is a US government publication, it is copyrighted.
Would your reuse be considered fair use ?

MIT license agreements may allow reuse

You may not need to rely on fair use to use others’ work in your thesis. The MIT Libraries’ has license agreements with Elsevier, Sage, Springer, Taylor & Francis, and Wiley that allow authors to reuse figures without asking permission or paying any fee.

Find more information about using figures and other content from published works.

Obtaining permission for use

If you determine that you should seek permission to reuse someone’s work, here are some places to go:

In general, MIT owns the copyright in MIT theses. If you want to reuse parts of a student’s (or your own) MIT thesis, contact [email protected] .
If you want to reuse a portion of a book or article, an efficient place to begin is the Copyright Clearance Center.
If you are seeking permission to reuse content from formats other than a book or article (e.g. music, plays, images, or film) consult the University of Texas Getting Permission page .

Using your own published articles in your thesis, or publishing articles from it

Journal publishers usually control copyright to scholarly articles. This theses and article publishing page shows publisher policies related to reuse of previously published articles in theses, and policies on accepting journal submissions on work that first appeared in a thesis.

Specifications for Thesis Preparation

This guide includes information on submission dates, fees, formatting, and copyright.

Penn State University Libraries

Using Others' Work
Reusing Your Published Work
Your Copyright
Publishing Your Thesis or Dissertation
Frequently Asked Questions and Resources

Preparing for Publication

Norms around publishing thesis or dissertation material vary from one field to another. For instance, in some science and engineering fields, it is common to publish individual chapters from the thesis or dissertation before it is submitted. In the humanities, it is common to develop a monograph from the dissertation after completing a doctoral degree.

Whether you publish before or after submitting your thesis or dissertation, it is important to plan ahead when signing publishing contracts or submitting your dissertation. Will the publishing contract you sign allow you to use the article in your thesis or dissertation later? How does depositing in the ETD repository impact this? Can you use material that you've coauthored in your dissertation or thesis? For questions about the norms in your field, talk with your advisors. With Graduate School policy questions, consult the Graduate School's Thesis and Dissertation Guide . With copyright questions, contact the Office of Scholarly Communications and Copyright .

From Dissertation to Book

Thinking about transforming your dissertation into your first book? Hardly any dissertations are published as books without significant work on the author's part to refocus the manuscript for an audience beyond the dissertation committee.

Here are a few resources to help you understand the process of reworking a dissertation for publication as a monograph:

Dear First-Time Author: How to Turn Your Dissertation Into a Book, by Theresa MacPhail MacPhail shares advice from writing her own first book as well as advice from editors at university presses.

In reading some of the resources listed above, you might encounter discussions of how having your dissertation available online (for example, in Penn State's ETD repository ) could negatively impact a publisher's willingness to look at your manuscript. Some authors assert that you should not put your dissertation online if you hope to sign a publishing contract. However, please note there is very little evidence to support this view. In fact, research has shown that publishers will indeed consider manuscripts that are revised versions of openly-accessible dissertations:

Do Open Access Electronic Theses and Dissertations Diminish Publishing Opportunities in the Social Sciences and Humanities? Findings from a 2011 Survey of Academic Publishers, by Ramirez, et al.

Attribution

This guide is based in part on Copyright for Dissertations , a guide from the University of Michigan Library Copyright Office, which is licensed under the Creative Commons Attribution 4.0 license .

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Dissertation: Copyright Infringement within the P2P Networks

The development of technology and its use on the internet has revolutionised the way in which various Intellectual Property rights specially copyright material is created, captured, stored, copied and distributed. Digital technology particularly reduces production and transaction cost and provides authors, right-holders and users with a wide range of new means to create market and share content, means which old media, such as books, vinyl records and video tapes do not offer. It further allows for the making of exact copies of the digital original in a fast and cheap manner, ‘thus enabling individuals to copy and distribute copyright material on a quantitative and qualitative scale previously only available to commercial operators (Larusson 2009)1’. The birth of P2P networks and file-sharing software has supposedly been one of the most interesting revolutions in the law at a global scale. As with intellectual property rights in general, copyright has expanded over time, in terms of the types of works which enjoy copyright protection (from books to music, sculptures, films, software...), the scope of copyright protection (from protection against copying to protection against adaptation, performance, renting, distribution, communication...) and the time copyright protection lasts (from 14-28 years in 1710 to the author’s life, plus 70 years in most cases in 2007)2. According to Larusson (2009) the expansion has been sporadic and changes tend to be made on an ad hoc basis, ‘which has led to considerable uncertainty in this field’. Legal uncertainty is ever present in the current digital era, where many argue that P2P networks have made illegal copying more widespread than ever before and so call for stricter enforcement of existing copyright legislation and the introduction of new legal measures to fight copyright piracy. Others maintain that the interest of right-holders should be weighed against the interest of society as a whole and that is important that access to digital material is not unduly restricted by stringent copyright legislation and various technological protection measures. The music and film industry are normally the main actors defending a further protection and enforcement of copyright, this fact can be seen throughout this work, the economic reasons which lead them to take that position are more than obvious. According to Davies (2009)3 the music industry is a major cultural and economic force in the UK, accounting for more than ‘£3.3 billion in economic activity (measured by Gross Value Added), 28,300 businesses and 257,200 direct and related jobs’. It is not the purpose of this dissertation to balance a theoretical debate among these parties. Under the scope of this work, the analysis will focus upon the most relevant legal cases within this subject matter which have contributed to modify and even to create a new legal doctrine and law regarding copyright provoked by copyright infringement within the P2P networks and the file-sharing software. The first chapter of this dissertation will analyse the complex legal factors involved in the subject of this dissertation. As a result, it must be discussed in general terms what is understood under the concept of Intellectual Property and what is the justification of its existence. The history and the legal framework of copyright will be analysed within the same section. The goal of these briefly discussed legal topics is to achieve a comprehensive knowledge of the relevant law and legal practice relevant to this subject area. Finally, it is paramount for the purpose of this dissertation to explain what P2P networks are and how they operate; this brief technical approach to the technology behind P2P networks will underpin the necessary knowledge to understand the following sections of this dissertation. The main chapter of this dissertation; the second chapter will focus upon litigation against P2P file sharing networks. Within this topic some of the most relevant and leading cases will be presented and discussed. There has been a broad repertoire of sources used to develop and write this work. The literature is mainly based in Intellectual Property and Copyright books titles and in specialised articles and reports from technology and legal magazines available in the majority of the current legal data bases. The outcome of that research will be the analysis of the most relevant cases which have contributed not only to the development of technology, but also to the creation of a new legal doctrine surrounding the P2P networks and its legal implications regarding copyright infringement. Read more: http://vlex.com/vid/80456995#ixzz0kFwBWqmN

Related Papers

Roger Gachago

Copyright and technology have a long and intertwined history during which both have felt their influence on each other. The exclusive rights of reproduction and distribution given to the creators of artistic and literary works today are very different from what they were 500 years ago when this relationship began. Copyright developed as a direct consequence of the invention of the printing press. Before its invention, the principle protecting author’s rights did not exist because the mass reproduction of literary works was not possible. Gutenberg’s invention of movable type, however, revolutionised the industry and the stationers in England moved from reproducing single volumes by hand, to producing many more copies to match the growing demand, which resulted in books gaining significant financial value. Value that was difficult to access by the authors of the books until 200 years later when the Statute of Anne, in an effort to encourage the sustained production of original works, granted the authors exclusive rights to their works and started the whole copyright story. Modern national copyright legislation has evolved with different influences throughout history. However, as the world continued to develop and cross-border activity flourished, national copyright legislation was not sufficient to govern what had become a global concern. International agreements were developed over time that reacted to technology’s influence on copyright while at the same time setting the baseline for national copyright legislation to grow around. The Berne Convention remains the most important international agreement on copyright and most national laws and international instruments have developed with reference to it. Following the age of the printing press, the next major technologies to influence copyright were the new recording and broadcast technologies that brought revolutions that forced major shifts in copyright legislation in its efforts to curb infringement. The current digital era poses the biggest challenge copyright legislation has had to face in its history with technology enabling copyright infringements of a scale that by far exceeds all other periods combined. A lot of laws and litigation have marked the path leading up to the situation today, with many remedies proving ineffective in reversing the scale of copyright infringement. It is time that the copyright industry stopped fighting new technology and realise that their survival might depend on finding new business models that incorporate technologies like Peer to Peer networks into their strategies.

Adam Tanielian

Santa Clara Comp. & High Tech. L.J

Eldar Haber

The Internet threatens many right holders who consistently battle against technologies that enable people to use their copyrighted materials without their consent. While copyright holders have succeeded in some cases, their main battle against peer-to-peer (P2P) file-sharing has yet to be resolved. Another technology that threatens right holders’ business models, especially in the film industry, is the distribution of their content freely via webcasting. Although right holders have paid little attention to webcasting as they continue their campaign against P2P file-sharing, it poses similar threats and presents the likely possibility of a future copyright battle. This Article examines copyright and webcasting. I analyze webcasting in comparison to past and current wars on copyright, trying to unveil major differences between the two. I argue that the current U.S. copyright régime treats webcasting inadequately and should be reexamined, especially vis-à-vis end-user’s actions since courts have yet to review cache copies created during Internet transmissions. I opine that future legal solutions proposed to handle webcasting, much like past attempts in similar matters, will be futile since technology will continue to evolve at a faster rate than legislation. Finally, I argue that the best solution to the current, as well as future, legal battles to protect copyrights should be the creation of a new business model similar to that of a levy system.

Journal of International Commerical Law and Technology

Michael Filby

Western legislatures tend towards the use of regulatory policies that favour strong intellectual property rights over public access in the battle to regulate file sharing. It has become apparent that the legislature is increasingly relying on code-based regulation in order to detect infringement, to identify those infringing, and to enforce the law through technical measures. This paper will assess the efficacy of regulation by code in the context of Lessig’s assertion that “code is law”, as applied to the file sharing community. The conclusion will reveal a significant asymmetry between the intended application of the regulatory influence of code and its de facto applicability in the online environment.

Alain Strowel

Oregon Law Review

Ben Depoorter

The Wipo Journal

Peter Mezei

valimaki.com

Olli Pitkänen

Esraa Hamza

LUP Student Papers

Lund university libraries, liability for copyright infringement: an investigation of the legal use of trained artificial neural networks in the context of copyright law..

Ana Nordberg LU
Department of Law
Faculty of Law
Technology and Engineering
Law and Political Science

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Dissertations / Theses on the topic 'Copyright infringement Copyright'

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Consult the top 50 dissertations / theses for your research on the topic 'Copyright infringement Copyright.'

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Marais, Richard. "Investigating musical copyright infringement: Examining International Understandings of Musical Copyright Infringement for Potential Adaptation into South African Copyright Law." Master's thesis, Faculty of Law, 2019. http://hdl.handle.net/11427/31006.

Ewert, Jan-Peter. "Das Urheberstrafrecht in der Informationsgesellschaft." Norderstedt Books on Demand GmbH, 2008. http://deposit.d-nb.de/cgi-bin/dokserv?id=3070554&prov=M&dok_var=1&dok_ext=htm.

Ieong, Sze-Chung Ricci. "Dispute resolution against copyright infringement through internet download?" access abstract and table of contents access full-text, 2007. http://libweb.cityu.edu.hk/cgi-bin/ezdb/dissert.pl?ma-slw-b21844173a.pdf.

Kwan, Samuel Shu Kin. "End-user digital piracy : contingency framework, affective determinants and response distortion /." View abstract or full-text, 2007. http://library.ust.hk/cgi/db/thesis.pl?ISMT%202007%20KWAN.

Ebadi, Solmaz, and Mirja Johansson. "Music File Sharing : Genius Technology or Copyright Infringement?" Thesis, Jönköping University, JIBS, Commercial Law, 2009. http://urn.kb.se/resolve?urn=urn:nbn:se:hj:diva-7598.

Today’s technology of music file sharing in peer-to-peer networks is genius. Peer-to-peer are networks composed of several computers enabling files to be shared among users. A substantial part of the files shared constitute unlawful copies; uploading and downloading of such files infringes copyright legislation. File sharing through peer-to-peer networks is therefore both a genius technology and a copyright infringement.

Peer-to-peer technology has been subject to heavy debate in media, both nationally and internationally. The issue of illegal downloads of music is an international dilemma since music is a global commodity. Sweden has been accused of being file sharers’ haven by organisations such as the Recording Industry Association of America (RIAA). Internet access and broadband capacity is very high in Sweden, which is a reason why many Swedes engage in file sharing. The Swedish company, The Pirate Bay, is the creator of one of the most popular file sharing websites in the world, using the BitTorrent application. The website offers free downloading of inter alia music, films and software. Like most peer-to-peer networks the Pirate Bay website includes copyrighted material, which often is published without the consent of copyright holders. As a result The Pirate Bay is facing a lawsuit on behalf of numerous organisations and companies in the music and film industry.

The Pirate Bay is accused of contributory infringement and of preparation to commit a copyright infringement according to the Swedish Copyright Act (SwCA). Contrary to the American copyright legislation, the SwCA does not contain any explicit provisions regarding contributory infringement. The SwCA refers to the Swedish Criminal Code, which states that preparation to copyright infringement and contributing to such infringement is illegal and punishable. There is currently a lack of Swedish case law regarding copyright infringement and there are no cases concerning contributory infringement. One reason is that the field of law is constantly changing; the copyright legislation is adjusted to the technological developments. The lack of case law causes unpredictability of the SwCA, which may be harmful to the rule of law. International organisations, such as the RIAA, consider the SwCA to be somewhat ineffective and that it needs to be amended in order to uphold the fundamental purpose of copyright.

Copyright is a partly harmonised area of law from a global perspective. However, since the Internet and file sharing through peer-to-peer networks is an international phenomenon, copyright legislation needs further harmonisation internationally. At the time there is an ongoing process of implementing the European Union (EU) Enforcement Directive into the SwCA, which grants greater rights to copyright holders. The Directive contains provisions that simplify the process of taking action against an alleged infringer, which may in the long run increase the amount of case law in Sweden. At the same time the implementation of the Enforcement Directive has been criticised as being too far reaching and intruding people’s privacy.

File sharing through peer-to-peer networks benefits consumers by offering easy access to a wide range of music for a low cost, at the same time enabling artists to reach out to a larger audience. Consumers are vital for the music industry, since they purchase the music. However, the fundamental aim of copyright is to reward copyright holders and function as an incentive to encourage creativity. Consequently, without economic rights the incentive to create is forfeit and music production might decrease. Even if the justification of copyright is primarily to protect creators of a work, it is also essential to emphasise the consumer aspect. Therefore it is of importance to balance the interests of all parties involved.

In order to uphold the purpose of copyright and interests of the general public, it is necessary to promote and develop more legal file sharing alternatives. Music in digital formats has to some extent replaced the traditional Compact Disc (CD) format. Therefore the music industry must cooperate with among others Internet Service Providers (ISPs) in order to embrace the digital developments of music and offer better solutions to consumers. Simultaneously, there is a lack of knowledge of copyright among the Swedish population, which is why more education is required. In conclusion, advertisement and education could decrease illegal file sharing and enhance all the parties’ interests.

Dagens fildelningsteknologi i peer-to-peer nätverk är genial. Peer-to-peer är nätverk bestående av flera sammankopplade datorer som möjliggör fildelning mellan användare. En betydande mängd av de delade filerna utgör dock olagliga kopior; uppladdning och nedladdning av sådana filer bryter mot upphovsrättslagstiftningen. Fildelning genom peer-to-peer nätverk är därför både genial teknologi och upphovsrättsintrång.

Peer-to-peer teknologin har väckt stor debatt i media, både nationellt och internationellt. Frågan kring illegal nedladdning av musik är ett internationellt dilemma eftersom musik är en global handelsvara. Sverige har kritiserats av organisationer som Recording Industry Association of America (RIAA) för att vara en frizon för fildelare. Tillgången till internet och bredband är väldigt hög i Sverige, vilket är en anledning till varför många svenskar fildelar. Det svenska företaget The Pirate Bay som använder sig av BitTorrent protokollet, är skapare till en av världens populäraste fildelningssajter. Webbsidan erbjuder gratis nedladdning av bland annat musik, film och programvara. I likhet med de flesta peer-to-peer nätverk innehåller The Pirate Bay’s hemsida upphovsrättsskyddat material som ofta har blivit tillgängliggjort utan upphovsrättshavarens medgivande. Till följd av detta har ett flertal organisationer och företag inom musik- och filmindustrin ingett en stämningsansökan mot The Pirate Bay.

The Pirate Bay är åtalade för medhjälp och förberedelse till brott mot upphovsrättslagen. I motsats till den amerikanska lagen om upphovsrätt innehåller inte den svenska upphovsrättslagen några uttryckliga bestämmelser rörande medhjälp till brott mot upphovsrätt. Upphovsrättslagen hänvisar istället till brottsbalken som stadgar att förberedelse och medverkan till brott är olagligt och straffbart. I dagsläget finns endast ett fåtal svenska rättsfall angående upphovsrättsintrång men inga fall kring medhjälp till upphovsrättsintrång. En bidragande faktor kan vara att rättsområdet ständigt ändras; upphovsrättslagstiftningen anpassas kontinuerligt till den tekniska utvecklingen. Bristen på svenska rättsfall leder till att upphovsrättslagens tillämpning blir oförutsägbar, vilket kan vara skadligt för rättsäkerheten. Internationella organisationer som exempelvis RIAA anser att den svenska upphovsrättslagen är ineffektiv och att ändringar behöver göras för att upprätthålla upphovsrättens grundläggande syfte.

Upphovsrätten är till viss del en harmoniserad lagstiftning ur ett globalt perspektiv. Eftersom internet och fildelning genom peer-to-peer nätverk är ett internationellt fenomen behöver upphovsrättslagen ytterligare harmonisering på ett internationellt plan. I dagsläget pågår en implementering av Europeiska Unionens (EU:s) sanktionsdirektiv som tillerkänner större rättigheter till upphovsrättshavare. Direktivet innehåller bestämmelser som förenklar möjligheten för rättighetshavare att vidta åtgärder mot personer som begår upphovsrättsintrång, vilket på sikt kan komma att bidra till en ökad mängd rättsfall. Sanktionsdirektivet har samtidigt kritiserats för att vara alltför långtgående och inskränker människors rätt till privatliv.

Fildelning genom peer-to-peer nätverk är förmånligt för konsumenter genom att utbudet av musik är stort, lättillgängligt och till en låg kostnad; samtidigt ger nätverken artister möjligheten att nå ut till en bredare publik. Konsumenter är nödvändiga för musikindustrin eftersom de inhandlar musiken. Dock är det viktigt att upprätthålla det fundamentala syftet med upphovsrätt, vilket är att ersätta upphovsrättshavaren för sitt verk och fungera som ett incitament till att stimulera skapade. Utan de ekonomiska rättigheterna skulle uppmuntran att skapa nya alster gå förlorad, och musikproduktionen skulle minska. Trots att upphovsrätten rättfärdigas genom att skydda rättighetshavare så är det även angeläget att understryka värdet av konsumenterna. Det är därför av stor vikt att balansera samtliga parters intressen.

Det är nödvändigt att marknadsföra och utveckla fler lagliga fildelningsalternativ för att upprätthålla upphovsrättens syfte och samhällets intresse. Digital musik har till viss del ersatt det traditionella Compact Disc (CD) formatet. Musikindustrin måste därför samarbeta med bland annat internetleverantörer för att ta till sig den digitala utvecklingen av musik och erbjuda bättre lösningar till konsumenter. För närvarade har den svenska befolkningen otillräckliga kunskaper inom upphovsrätt, varför mer utbildning behövs. Avslutningsvis, skulle marknadsföring och utbildning kunna bidra till en minskning av den illegala fildelningen och gynna alla parters intressen.

Beréndique, Betancourt Fernando Javier. "Liability of Internet Service Providers for copyright infringement." Tesis, Universidad de Chile / Universitat Heidelberg (Alemania), 2011. http://www.repositorio.uchile.cl/handle/2250/111849.

Malczyk, Anna. "Games, copyright, piracy : South African gamers' perspectives." Master's thesis, University of Cape Town, 2010. http://hdl.handle.net/11427/14315.

Madi, Ramzi A. A. "New forms of copyright infringement involving protected digital content." Thesis, University of Aberdeen, 2006. http://digitool.abdn.ac.uk/R?func=search-advanced-go&find_code1=WSN&request1=AAIU218712.

Gillespie, Tarleton. "Sleight of hand : law, technology, and the moral deployment of authorship in the Napster and DeCSS copyright cases /." Diss., Connect to a 24 p. preview or request complete full text in PDF format. Access restricted to UC campuses, 2002. http://wwwlib.umi.com/cr/ucsd/fullcit?p3036996.

Packard, Ashley. "Infringement or impingement? : carving out a First Amendment defense for sysops held strictly liable for their subscribers' copyright infringements /." free to MU campus, to others for purchase, 1997. http://wwwlib.umi.com/cr/mo/fullcit?p9841178.

Rogowski, Adrian. "How to copy a song with impunity : a legal perspective on copyright infringement cases for musical works." Thesis, Stellenbosch : Stellenbosch University, 2015. http://hdl.handle.net/10019.1/97618.

Hsueh, Hsiao-Yin Josephine. "A long journey toward intellectual property protection : a case study of Taiwan's copyright law reform /." free to MU campus, to others for purchase, 2001. http://wwwlib.umi.com/cr/mo/fullcit?p3036831.

Zizic, Bojana. "Copyright infringement occurring over the internet, choice of law considerations." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 2000. http://www.collectionscanada.ca/obj/s4/f2/dsk2/ftp01/MQ54498.pdf.

Linden, Eric S. "Illegal file-sharing in the academy : assessment, implications, and policy responses /." Link to online version, 2005. https://ritdml.rit.edu/dspace/handle/1850/1130.

Mendelsohn, Allen. "A torrent of copyright infringement? Liability for BitTorrent file-sharers and file-sharing facilitators under current and proposed Canadian copyright law." Thesis, McGill University, 2011. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=96810.

Teufel, Brady. "Gauging the influence of America's legal decisions regarding intellectual property on the World Wide Web /." free to MU campus, to others for purchase, 2004. http://wwwlib.umi.com/cr/mo/fullcit?p1426106.

He, Jiong. "The protection of the communication right concerning Internet Service Provider's infringement under Chinese Copyright Law." Thesis, Available from the University of Aberdeen Library and Historic Collections Digital Resources. Restricted: no access until June 24, 2012, 2009. http://digitool.abdn.ac.uk:80/webclient/DeliveryManager?application=DIGITOOL-3&owner=resourcediscovery&custom_att_2=simple_viewer&pid=53331.

Brown, Brandon. "In pursuit of a free Internet: an investigation into the technological, legal, and cultural causes of online file sharing and copyright infringement." Thesis, Boston University, 2006. https://hdl.handle.net/2144/27606.

Sirois, Andre. "Copyright Law Inadequacies in the Case of Digital Sampling: Adding Color to a Grey Area." Fogler Library, University of Maine, 2005. http://www.library.umaine.edu/theses/pdf/SiroisA2005.pdf.

Tait, David A. "A proposed approach to the analysis of computer program copyright infringement in Canada." Thesis, University of Ottawa (Canada), 2005. http://hdl.handle.net/10393/27053.

Mentovas, Justinas. "Autorinių teisių pažeidimo ir plagiato santykis." Master's thesis, Lithuanian Academic Libraries Network (LABT), 2014. http://vddb.library.lt/obj/LT-eLABa-0001:E.02~2014~D_20140614_152858-75677.

Tsang, Po-chu. "Respectable criminals : an exploratory study of copyright infringement among secondary school teachers in Hong Kong /." Hong Kong : University of Hong Kong, 2000. http://sunzi.lib.hku.hk/hkuto/record.jsp?B22030554.

Podgornaia, Kseniia. "Ruská a česká specifika ochrany autorského práva v oblasti audiovize." Master's thesis, Vysoká škola ekonomická v Praze, 2015. http://www.nusl.cz/ntk/nusl-204968.

Tsang, Po-chu, and 曾寶珠. "Respectable criminals: an exploratory study of copyright infringement among secondary school teachers in Hong Kong." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 2000. http://hub.hku.hk/bib/B31979099.

Masson, Charles. "La dualité de l'action en contrefaçon de droit d'auteur." Thesis, Paris Est, 2016. http://www.theses.fr/2016PESC0056.

Tian, Dexin. "The Chinese Cultural Perceptions of Innovation, Fair Use, and the Public Domain: A Grass-Roots Approach to Studying the U.S.-China Copyright Disputes." Bowling Green, Ohio : Bowling Green State University, 2008. http://rave.ohiolink.edu/etdc/view?acc%5Fnum=bgsu1224963994.

Bak, Brandon T. "Preventing Digital Piracy: A Change in the Business Model." Scholarship @ Claremont, 2012. http://scholarship.claremont.edu/cmc_theses/507.

Chaykowsky, Kelly. "Examining the Effects of Apparel Attributes on Perceived Copyright Infringement and the Relationship Between Perceived Risks and Purchase Intention of Knockoff Fashion." Thesis, University of North Texas, 2012. https://digital.library.unt.edu/ark:/67531/metadc177186/.

Kelly, Andrew J. "Effect of divided attention on inadvertent plagiarism for young and older adults." Thesis, Atlanta, Ga. : Georgia Institute of Technology, 2008. http://hdl.handle.net/1853/22617.

Andersson, Marie. "Piraterna i mittens rike : hur kan svenska företag i Kina skydda sig mot piratkopiering? /." Kalmar : University of Kalmar. Baltic Business School, 2008. http://www.diva-portal.org/smash/get/diva2:1209/FULLTEXT01.

Ganti, Sudhir. "Multimedia Security in P2P Networks." Thesis, Blekinge Tekniska Högskola, Avdelningen för för interaktion och systemdesign, 2006. http://urn.kb.se/resolve?urn=urn:nbn:se:bth-5472.

Sweeney, Phyllis C. "What faculty know about designing online materials in compliance with current U.S. copyright and fair use laws." [Tampa, Fla.] : University of South Florida, 2004. http://purl.fcla.edu/fcla/etd/SFE0000427.

Majek, Dee. "Big Content's Big Blunders : Anti-piracy measures in the entertainment and copyright industries." Thesis, Stockholms universitet, Institutionen för mediestudier, 2013. http://urn.kb.se/resolve?urn=urn:nbn:se:su:diva-107225.

Li, Wei-Jhen, and 李唯楨. "Copyright Protection on Internet and Court Jurisdiction on Copyright Infringement." Thesis, 2013. http://ndltd.ncl.edu.tw/handle/72264246545237706380.

Peng, Chia-chun, and 彭佳俊. "Criminal Responsibility for Copyright Infringement." Thesis, 2013. http://ndltd.ncl.edu.tw/handle/e264v8.

Hsu, Tzai Ting, and 許再定. "Responsibility of Copyright Infringement For Crime." Thesis, 1997. http://ndltd.ncl.edu.tw/handle/16215769470991258244.

CHENG, CHIA-WEN, and 鄭嘉文. "A study on Music Copyright Infringement." Thesis, 2016. http://ndltd.ncl.edu.tw/handle/7g2cf8.

HO, MENG-YUAN, and 何孟遠. "Artificial Intelligence's Creation and Copyright Infringement." Thesis, 2019. http://ndltd.ncl.edu.tw/handle/pu92xv.

Yang, Er Hsuan, and 楊兒璇. "A Study of Music Copyright Infringement." Thesis, 2016. http://ndltd.ncl.edu.tw/handle/85335636649779417890.

Yeh, Yu-Hua, and 葉又華. "Indirect Infringement Liability under American Copyright Law." Thesis, 2015. http://ndltd.ncl.edu.tw/handle/43998640008032086906.

Su, Jyi-Tyan, and 蘇吉田. "Studies on Copyright Infringement Crime and Police Countermeasures." Thesis, 2012. http://ndltd.ncl.edu.tw/handle/87450366161864847262.

Huang, Hsin-Hsiung, and 黃信雄. "Resource allocation strategy of copyright infringement defense mechanism." Thesis, 2015. http://ndltd.ncl.edu.tw/handle/47657885213873783197.

Hsu, Yu-Chieh, and 許煜婕. "A Study on Copyright Infringement of Circuit Works." Thesis, 2019. http://ndltd.ncl.edu.tw/cgi-bin/gs32/gsweb.cgi/login?o=dnclcdr&s=id=%22107NCHU5194018%22.&searchmode=basic.

LU, PEI-CHEN, and 盧姵君. "The Copyright Infringement on the Private International Law." Thesis, 2013. http://ndltd.ncl.edu.tw/handle/22505160973105969526.

Lin, Syuan-Ru, and 林萱茹. "A Study on the Elements of Copyright Infringement." Thesis, 2013. http://ndltd.ncl.edu.tw/handle/59772016566605816108.

Chen, Yi-ting, and 陳怡婷. "Copyright infringement and fair use of artistic works." Thesis, 2014. http://ndltd.ncl.edu.tw/handle/66806130054175086626.

Jheng, Fang-Jhen, and 鄭芳甄. "A Study on Penalty Articles removed from copyright infringement." Thesis, 2009. http://ndltd.ncl.edu.tw/handle/34589010675329061694.

Hung, Chiu-Lin, and 洪萩玲. "Limitations on Copyright Infringement Liability of Internet Service Providers." Thesis, 2011. http://ndltd.ncl.edu.tw/handle/94475337592511192958.

Hung, Wei-To, and 洪維拓. "The Study of Plagiarism and Infringement in Copyright Law." Thesis, 2012. http://ndltd.ncl.edu.tw/handle/52560213434982561424.

Wu, Chia-Lung, and 吳佳龍. "The Internet Copyright Infringement on the Private International Law." Thesis, 2009. http://ndltd.ncl.edu.tw/handle/66038329586597220569.

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Exceptions & Defenses to Copyright Infringement

Three exceptions.

You generally need to obtain a license (i.e., explicit written permission) to use a third party's copyrighted material. There are three major exceptions to this rule: (1) the face-to-face instruction exception, (2) the online instruction exception (also known as the TEACH Act), and (3) the fair use exception. These exceptions are defenses against a claim of copyright infringement. Exceptions act like an umbrella, under which your use of the copyrighted work is protected. In other words, you will be able to use the copyrighted material without the owner or licensor's permission, but only under certain circumstances .

Before considering reliance upon any of these defenses, we recommend first considering the following safe alternatives:

Public Domain / Open Access - Is your asset in the public domain or is it made available via open licensing terms? Creative works which were first published prior to 1924 are usually considered part of the public domain and are free to use.
Licensing - Have you inquired to see if the UNT Libraries have a license to the asset, or have you attempted to purchase a copy of the work or a license for its use on your own?
Alternatives - Have you explored our Usable Works page to search some of the web sites listed there (like Pixabay.com ) for comparable assets that are unrestricted in their use?

Once you have fully exhausted all the above options, then the next step is to explore the first two exceptions. These are listed below. Only as a last resort should the fair use exception be relied upon. Fair use is detailed last on this web page.

If you have any questions about any of the following please reach out to the CLEAR compliance team here .

Face-to-Face Instruction Exception

Copyright law 1 permits the performance or display of legally licensed/purchased works, for strictly and directly pedagogical purposes relevant to the course, in face-to-face classes at nonprofit, accredited schools. Such works include the showing of a film, playing music, performing a play, projecting images, and other types of performances and displays of copyrighted works in the classroom, as long as the work was lawfully acquired .

TEACH Act - Online/Distance Instruction Exception

The " TEACH Act ," 2 permits uses of copyrighted works in online classes, but only under certain circumstances. To determine if your intended use would qualify, please refer to the TEACH Act Compliance Checklist (PDF).

One of the requirements of the TEACH Act is the inclusion of a copyright statement in your course which is available to all your students. To meet this need we have an example copyright statement . We recommend its inclusion in every online course .

Fair Use Exception

When a proposed use of a third-party copyrighted work is not permitted by license and does not fall within one of the specific exceptions (e.g., works in the public domain), use may still be permitted under the fair use doctrine. At the University of North Texas, instructors are responsible for making their own fair use examinations when choosing the amount of materials to use in their courses.

Why does UNT take this approach?

These best practices support instructors' academic freedom in the development of course materials.
Instructors are best informed and situated about how important elements of the fair use analysis apply to their specific uses of third-party copyrighted material. This includes the amount of the material used, its centrality to the original work, and the potential market for the work.

Some instructors may find the idea of making a fair use evaluation intimidating or frustrating. Please rest assured that you can learn the basics of fair use, and we are here to support you every step of the way!

The Fair Use Factors

Nonprofit educational uses, including using a copyrighted work for scholarly criticism or commentary, making copies for face-to-face classroom use, repurposing a copyrighted work for class material, will tip the balance in favor of fair use.
The more the purpose and character of your use differs from the original nature of the copyrighted work, such as creating a parody, using the work in a new way to fit class material…etc., the more this factor will tend to favor fair use.
Digitization of works to provide access to the print disabled, to enable indexing, and to enable ‘non-consumptive research’ (e.g. text mining) will likely tip the balance in favor of fair use.
Use of copyrighted works for direct pedagogical purposes strengthens a fair use argument.
Use of copyrighted works, such as images or video, for decoration in an online course with no transformative purpose will likely undermine a fair use argument.
Use of a published work is more likely to be considered fair than use of an unpublished work.
Use of factual or non-fiction-based work tends to tip the balance in favor of fair use, whereas the use of highly creative work (such as art, music, novels, and films) tends to tip the balance against fair use.
Minimal copying of small amounts of larger works, such as a few pages from a book, will favor fair use when they are truly excerpts and do not serve as replacements for the original works.
Lower percentages of an excerpt copied (e.g., under 10%) favor fair use. In other words, the smaller the amount, the better!
BUT copying of a quantitatively small portion of a work can weigh against fair use if the portion used is the “heart of” the work. For example, if you copy pages from a book which contain content so important as to nullify anyone’s need to buy the book, this would weaken fair use (note that this affects Factor Four below). If the portion used is not central or significant to the entire work, it will likely favor fair use.
The extent of permissible copying under fair use varies with the purpose and character of the use. For example, a transformative use of a whole work, i.e. parody or scholarly criticism, might weigh in favor of fair use if the amount is appropriate for the purpose.
Copying an entire work may be permissible, if necessary, to make the work accessible to people with disabilities.
Use of unlicensed commercial ‘stock’ images in a course is discouraged. Commercial ‘stock’ images are photographs or illustrations that are being sold through a vendor web site, such as Getty Images, iStock, Adobe Stock, and the like. Learn where to find images that are free to use , and how to check any images you aren’t sure about .
Copying of journal articles, in their entirety, into an online course may violate the licensing terms which govern the UNT Libraries’ subscriptions to online journals and databases. A great alternative is linking out directly to the article in the UNT Libraries’ electronic resources. Your subject librarian can assist you with this process!
The first three factors affect the analysis of this factor. For example, if the proposed use is for educational purpose and the amount used is appropriate, the use may likely not have a significant effect on the market or value of the work.
If the use is transformative and the amount of use is small, the fourth factor will tip in favor of fair use.
Courts will look at whether the use would damage or negate the potential market for the original work. With respect to impact on potential licensing revenue, courts look at “traditional, reasonable, or likely to be developed markets.” If the use would significantly impair a market or potential market, it will undermine a fair use argument.
Some courts consider whether licensing of content is easily accessible, reasonably priced, and available for the portion and format we seek to use. If a license is readily available for the portion of the use, it may undermine a fair use argument.

Attribution

Generally, attributing a work to the rightful owner is recommended as a matter of academic ethics, and doing so demonstrates our good faith. In some cases, attribution may be required by the terms of a Creative Commons license. Learn more about Open Access Creative Commons licenses, and how to attribute Creative Commons works .

When Fair Use Does Not Apply

When a proposed use of copyright material does not fall within the fair use doctrine or another copyright exception, then written permission, such as a license agreement, from the copyright owner is required to engage in use.

1 - 17 U.S.C. § 110(1) . 2 - 17 U.S.C. § 110(2) .

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Copyright Infringement: What Is It And How Do We Avoid It?
(PDF) Copyright protection of dramatic works Theses of PhD dissertation
Copyright infringement
Copyright Infringement Notice Template
Copyright Infringement: What Is It And How Do We Avoid It?
(PDF) Copyright Infringement

VIDEO

What is Copyright Infringement? (Insider Secrets)
What is Copyright Infringement & How to Protect Your Work
Copyright Infringement
Lecture on Remedies for Infringement of Copyright
Difference between Copyright Infringement and Plagiarism
Infringement and Fair Use in Copyright

COMMENTS

Copyright and Your Thesis
So while respecting copyright has to do with protecting your thesis from infringement challenges, on a deeper level it also has to do with pursuing your academic and creative work with integrity and acknowledgement of other's contributions. ... The following guide by ProQuest offers guidelines for avoiding copyright infringement and introduces ...
Copyrighting
There are two main ways for you to file for copyright of your thesis or dissertation: You may empower ProQuest to file the application on your behalf. When you submit your thesis or dissertation, ProQuest charges a fee for this service ($55, subject to change). The service includes preparing an application in your name, submitting your ...
Copyright infringement vs plagiarism
When to get permission: For images, figures, and longer excerpts or copies of a copyrighted work, you will likely need to get permission to reuse the work in your won thesis or dissertation.
PDF Balancing the Protection for Intellectual Property Rights of Copyright
This dissertation will discuss whether South Africa's copyright law provides adequate protection for owners' copyrights against infringement by users. Any development of copyright law would need to be balanced against the copyright user's right to freedom of expression as will be articulated below.3 The
Using Others' Work
If you use materials (such as text, images, sound recordings, etc.) created by a third party in your thesis or dissertation, you need to consider whether copyright law allows your use of those materials. Even when copyright permits your use of a work, contract law may prevent it.
Using Others' Content
Provides answers to common copyright questions that come up when working on a dissertation, including using others' content and publishing. This page explains the issues involved in using works whose copyrights are held by someone else.
(PDF) Copyright Infringement
copyright infringement when the responsibility lies on the student is the students' lack of concern with copyright laws, laziness, and fear of scoring low grades, and their inability to narrow down
PDF ProQuest
In terms of your dissertation or thesis and copyright, there are two considerations: how to avoid infringing on someone else 's copyright, and how to protect your own copyright. Outside of
Copyright Violation on the Internet: Extent and Approaches to Detection
thesis. posted on 2011-08-01, 00:00 authored by Alexandre M Mateus. This research uses data collected from a university campus network via Deep Packet Inspection (DPI) monitoring and from the largest public BitTorrent tracker to characterize the extent of unauthorized transfers of copyrighted content using Peer-to-Peer (P2P) and to evaluate the ...
Copyright for Graduate Students: Theses and Dissertations
The nature of the work refers to whether the work was published (more likely to be considered a fair use) or unpublished (less likely to be considered a fair use) as well as whether the work is factual/historical in nature (more likely to be a fair use) or highly creative (less likely to be a fair use).
PDF Copyright in your thesis or dissertation
thesis or dissertation without having to directly ask your permission, clearly and publicly communicate the terms under which your work may be used. Consider applying a Creative Commons license to your work. Electronic submission of your thesis or dissertation into the OhioLINK ETD Center is a graduation requirement. The full text of your thesis or
Fair Use, Copyright, Patent, and Publishing Options
Use the delayed release (embargo) option if a patent application is or will be in process, noting the reason for the delay as "patent pending.". If you have any questions, please contact Cornell's Center for Technology Licensing at 607-254-4698 or [email protected]. 5.
Is Copyright Infringement a Strict Liability Tort?
Scholars and lawmakers routinely refer to copyright infringement as a strict liability tort. The strictness of copyright liability has long been criticized as immoral, inefficient, and inconsistent with usual tort doctrine. However, this Article questions whether copyright infringement really is a strict liability tort. It advances the thesis that copyright infringement in the United States is ...
Liability of Internet Intermediaries in Copyright Infringement
online copyright infringement is based on the EIT Law. Based on Article 32 Paragraph (1) and (2) in conjunction with Article 48 Paragraph (1) and (2) of the EIT Law, the maximum penalty is imprisonment for 8 and 9 years, respectively, and/or a maximum fine of 2 and 3 billion
Theses & copyright
Obtaining permission for use. If you determine that you should seek permission to reuse someone's work, here are some places to go: In general, MIT owns the copyright in MIT theses. If you want to reuse parts of a student's (or your own) MIT thesis, contact [email protected]. If you want to reuse a portion of a book or article, an ...
Publishing Your Thesis or Dissertation
In reading some of the resources listed above, you might encounter discussions of how having your dissertation available online (for example, in Penn State's ETD repository) could negatively impact a publisher's willingness to look at your manuscript.Some authors assert that you should not put your dissertation online if you hope to sign a publishing contract.
Dissertation: Copyright Infringement within the P2P Networks
MetaMachine agreed to pay the Recording Industry Association of America $30 million to settle claims it facilitated mass copyright infringement (Mook 2006) 71. As part of the settlement, MetaMachine has agreed to cease distributing eDonkey, eDonkey 2000, Overnet and other variants of the peer-to-peer software.
Liability for Copyright Infringement: an investigation of the legal use
The current thesis critically investigates whether training and using third-party data in artificial neural networks (ANNs) could constitute a liability for copyright infringement. Furthermore, the present paper sets out to explore whether training and using ANNs could fall within the IP right holders' exclusive rights. In this regard, this thesis will mainly focus on the reproduction parts as ...
PDF Copyright Infringement On The Internet: A Study Of The Legal And
an increase in copyright infringement, which has become a major concern for copyright owners. In India, copyright infringement on the internet has become a significant problem due to the lack of adequate legal and technological measures to prevent it. Research Question: 1.
Dissertations / Theses: 'Copyright infringement Copyright'
Objective of this research thesis is to design a software tool for Multimedia business environments to fight against the copyright infringement in various P2P file sharing networks. In order to fulfil this objective, a combined implementation of two independent mechanisms designed at Fraunhofer IPSI is required.
Exceptions & Defenses to Copyright Infringement
Three Exceptions. You generally need to obtain a license (i.e., explicit written permission) to use a third party's copyrighted material. There are three major exceptions to this rule: (1) the face-to-face instruction exception, (2) the online instruction exception (also known as the TEACH Act), and (3) the fair use exception. These exceptions ...
(PDF) The justiciability of cross-border copyright infringement in
copyright and citation consider ation s for this thesis/ dissertation o Attribution — You must giv e appropriate credit, provide a link to the license, and indicate i f changes were made.
Non-fungible tokens and copyright law: A token of haven for copyright
Questions of copyright infringement persist today in the web 3.0 era. Use cases of web 3.0 include an improved privacy and digital infrastructure, decentralised financial services and most ...

Graduate Thesis Submission Guide

Copyright and Your Thesis

Why Does Copyright Matter?

Copyright Checklist

Resources and Further Reading

Thesis and Dissertation Guide

Registering Copyright

IV. Copyrighting

Use of Your Own Previously Published Material

Theses, Dissertations, and Creative Components: Rights and Responsibilities

Copyright Infringement vs. Plagiarism

When to get permission:

When to cite:

Copyright for Dissertations

Copyright Questions?

Legal Advice

Using Third-Party Materials in Your Dissertation

Contracts at Libraries, Archives, and Museums

Fair Use in Dissertations

First Factor: "The purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes"

Second Factor: "The nature of the copyrighted work"

Third Factor: "The amount and substantiality of the portion used in relation to the copyrighted work as a whole"

Fourth Factor: "The effect of the use upon the potential market for or value of the copyrighted work"

Resources on Fair Use

Using Material Under an Existing License

Creative Commons Resources

Copyright Infringement vs. Plagiarism

Copyright Violation on the Internet: Extent and Approaches to Detection and Deterrence

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Degree Name

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Copyright for Graduate Students: Theses and Dissertations

Copyright Questions?

Scholarly Communication and Publishing

Fair Use: Legally Using Someone's Work Without Permission

The Four Factors

Do You Know Your Fair Use Rights?

Fair Use Analysis Visualized

Fair Use of Tables, Charts, & Graphs for Research Purposes

Additional Tools and Checklists

/images/cornell/logo35pt_cornell_white.svg" alt="copyright infringement thesis"> Cornell University --> Graduate School

1. Is information that you plan to include from others considered “fair use” and are you acknowledging these sources correctly?

2. Embargo of online copies

3. Creative Commons license

4. Has a patent application been filed (or will one be) on the basis of your thesis or dissertation research?

5. Register for copyright?

6. Supplementary materials

7. Make your work discoverable on search engines?

8. Make your work accessible to people with visual disabilities

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Dissertation: Copyright Infringement within the P2P Networks

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Dissertations / Theses on the topic 'Copyright infringement Copyright'

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When Fair Use Does Not Apply

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