Copyright

About Copyright

The Copyright Law gives artist, authors, composers and other persons who have created a work, the right to decide over their work and the use of it. The copyright starts the very same time the work is created and is valid during the copyright owners whole life time and 70 years after the copyright holder died. The copyright also regulates the possibilities for re-distributing a work i.e. to reuse somebody’s figures in your own work (differing) from plagiarism which is about intentional, or unintentional, presentation of a work or idea as your own newly created contribution. To refer to somebody else’s photo, which you use in your publication, is enough to not be regarded as plagiarism but is not necessarily enough from a copyright perspective. You must always have the copyright holders permission before you reuse somebody else’s work.

Copyright Protected Materials

Examples of copyright-protected material include fiction, written text, speech, computer programmes, music, theatrical work, film, photo, graphical work or other products of visual arts, products of architecture or works of applied arts, or maps.

Copyright is carried out not only on the complete work but also parts of it. This means, for example, that figures in a document are as equally protected as the whole document.

Above mentioned is valid independently of media and the same rules are valid for material collected from the Internet as for printed material. Reuse of somebody else’s work and publishing it on the Internet, is not different form publishing it in a printed document.

The Copyright symbol (©)

The Copyright symbol (©) is often used making it more clearly for the reader that the work is copyright protected. In Sweden is has the symbol no legal meaning. It is enough on the title page write "This work is protected according to the copyright law (URL 1960:729)" to make it clear that the work is copyright protected.

Creative Commons

Creative Commons (CC) started from the beginning to be used within the music business. With CC one can share  the complete or parts of a work, copy, distribute, edit, remix (music) i.e. rewrite or add text. Clear references to the main source must be given.

Linköping University Electronic Press use a Creative Commons licensing system. Readers may download, read, distribute and use material from published publication on LiU E-press for non-commercial use only as long as they give complete attribution to the authors i.e. full reference to the author and the original publication.

We are more than happy to answer questions or come to your course/research group/department... to give a 30 minutes information session: E-Mail ask us.

Copyright and Theses

Articles in Ph.D. Thesis with a Collection of Articles

There is no problem including articles or article materials in the printed version of the thesis because the commercial journals believe that the printed version does not have such broad spread that it can be consider as published. For electronic published version, on other hand, the copyright is more delicate. Note that for some journals you must go through the formality of asking permission to re-use your articles in your thesis. We are unaware of an example where this has been denied.

For a thesis published electronically at LiU E-Press which are a collection of articles (comprehensive theses) only the introduction/summary is published. All articles, both published and unpublished, are removed from the thesis. For each article, which is a part of the thesis, the bibliographic information about the article, is registered with a link from the thesis and a link back from the article to the thesis. See this thesis as an example. In expressional cases the thesis, with a collection of articles, is published completely with the articles if it explicitly does not violent copyright.

When publishing a scientific article in a commercial journal, authors most likely have signed a publishing agreement, where they transfer the copyright of their article to the publisher. However, most of the publishers has a paragraph with certain rights the author keeps. About 90% of publishers allow authors to publish an article on their personal or public non-commercial web sites, parallel publishing, with some minor conditions.

Do not publish articles in manuscript electronically and in full text before the article has been published by a journal. Some journals allow pre-prints i.e. the publishing of a manuscript before it has been published in a journal. We have been informed about a smaller number of cases where the journal allow pre-printing, but it was disapproved by the peer-reviewers. Bibliographic information about an article can be published without violating any rules.

Monograph Theses

At LiU E-Press, monograph theses are published as is if there are no copyright issues. A copyright obstacle can occur if the thesis is published by a commercial publisher or if the thesis contains material such as photographs, figures, photos of arts or other material which explicitly may not be spread in any form but printed.

If a chapter in a monograph thesis is to be published in a commercial journal, publishers feel that it likely requires a significant rewriting before the material might be considered to be an article. Because of this, there is no problem to publish monographs electronically even if parts of the material have not been rewritten to an article.

Reuse Material from Other Articles

Most of the commercial publishers require an application for permission to reuse e.g. figures, tables or other material with some kind of condition such as it may not be used for commercial purposes and that a full reference must be given to the original publication. On a journal's homepage this is stated with a possibility to send a request of permission. There is often a link on the homepage to request the permission. This link can sometime be very difficult to find. Usually the link is on the very bottom of the page. The link can e.g. contain the text "Request permission", "Terms & Conditions" or "Copyright Information" to mention some examples. Either there is an e-mail address or a web form to send the request to the journal.

RightsLink Service

Some journals and databases with copyright protected material use the  RightsLink Service. Click on the link and a new page is shown where one can choose what to reuse and how it will be published e.g. electronically or printed form. Sometime it requires one have to create a “RightLinks account”.

If you have any questions regarding reusing copyright protected material, send us an  E-post me-mail .

Student Theses

General

As a student you own the copyright to your work according to Swedish copyright law. It is not the University, the department or the supervisor who owns the copyright but you as the author.

You must, as an author, also respect Swedish and foreign copyright laws. This means that you can not use photographs, diagram, tables, maps, drawings, work of arts, collages etc. collected from the Internet, books, articles, newspapers, magazines etc. without the permission from the copyright holder. It is allowed to quote short pieces of text in your work. Full reference to the original source must be given i.e. from where you have collected the quote and also very clearly show that it is a quote by putting the text in italic, make indentions or by using quotation marks. As for photographs the photographers name and the year when the photograph was taken (if available) must always be stated. See also the tabs Photos, Figures, Art etc. and Teachers and Students..

Student Theses at a Company

If you cooperate with a company, it is very important in advance clear out the copyright with the company so you can publish your work electronically without violating the copyright. If the company require a signed agreement, let a legal expert read the agreement before signing it.

Be very careful not to sign over the copyright of your student thesis to the company. If you do, you might perhaps not be able to use your own figures, tables or other data I future work without the permission from the company.

If your thesis will contain information/data which is confidential because of business economic or research or patent reasons always clear out with the company the conditions how to use it in the thesis. I could cause some problem about the copyright and the company might require that your thesis must be confidential which means that you can't publish it electronically nor print and spread it. It is important to be sure your thesis will not be confidential. Several departments strongly advise not to make the thesis confidential.

Consult with your supervisor if you are uncertain what to do.

University Teachers and Students

In Sweden, for educational purposes, there is some flexibility for distributing copyrighted material to registered participants in a course. In Sweden, Bonus Copyright Access is an umbrella organization that acts as an intermediate between educational institutions and copyright holders. Together they set up an agreement which gives teachers the permission to copy and distribute copyright protected material.

Using Copyright Protected Material in Lectures

From the first of January 2014 a new legal agreement have between Bonus Copyright Access and SUHF (Sveriges universitets- och högskoleförbund, [The Association of Swedish Higher Education]) was signed. The new agreement increases teacher's and student's possibilities to copy and share copyright protected material from Swedish and foreign publications, for example books, educational materials, daily and weekly magazines, journals, digital publications, etc.

Copy and Share digital websites and analog from paper copies

Teachers and students may copy by:

  • Downloading
  • Scanning
  • Printing out
  • Photo copying

Distribute and Share for Teaching

Teachers and students are allowed to share for educational purposes within a university by:

  • Saving digitally on a university's restricted network, a USB memory.
  • Share copies restricted the network, by e-mail.
  • Use copied material in presentations for example Power Point
  • Save and share digital presentations on a university's restricted network, via e-mail.
  • Project and show on screen
  • Deliver paper copies to registered students

15/15 rule

A teacher may, if nothing else is stated, copy up to 15% of the total number of pagers from a work (from a book for example), but not more than 15 pages. If the original is a book chapter and the copying exceed 15% or 15 pages with some few pages, it is allowed to copy the complete chapter. The teacher may make as many copies so that each student gets one copy each and the teacher some copies.

Photocopying of a complete book for education purposes even if the book is out of print, is not allowed without a permission from the copyright holder.

What May the Teacher Copy for Own Use

The teacher may, only for their own use, copy a complete work, e.g. a book. The material may not be spread to other readers

Exceptions

It is not allowed to copy and share:

  1. Mandatory course literature published by a publishing house, but allowed if it in the publication is included occasional work and only if a minor section not exceeding 15 pages (15/15 rule); allowed to copy separate sections for presentations via Power Point and allowed to copy separate exam paper,
  2. make print out of digitally stored work where the university has a special agreement with the copyright holder which regulates the above mentioned copying,
  3. if it is explicitly stated a bann against copying of the copyright holder's work at any of the parties and
  4. recorded music, film, video, radio and TV program without permission from the copyright holder.

Note also that the discussion here applies to "normal" university lectures and any for-pay scenarios (e.g. workshops for colleagues, nonregistered students) are not covered; for the latter one must get permission from the copyright holder.

Reference

A teacher is obliged to state the source and the copyright holder's/photographer's names on the produced copies.

Links to Bonus Copyright Access with rules for
Colleges and Universities (Swedish Only)

Photographs, Figures, Multimedia, Work of Arts etc.

Copyright applies to photographs, diagrams, tables, maps, drawings, arts, collage etc. which are published in print or electronically and for sound and video files. This means that you cannot, without permission from the copyright holder, straight off, use material from the Internet, books, newspapers etc. You must always ask for permission to use copyright protected material!

In order to make it easier getting a permission, state that the copyright protected material will be used in an academic context for example Ph.D. Thesis, student thesis or a report and that the electronic version will be published at the University non-commercial publisher Linköping University Electronic Press. A full reference to the used material and the copyright holder must also be stated.

Use Photographs without Permission

According to Swedish copyright law chapter 2 it is possible to use photographs without permission in scientific descriptions, where the photograph is part of a critical review and that there is no commercial profiting involved. A full reference to the photographer and year must be given and from where the photograph is collected e.g. from a weekly magazine. Instead of just using the photograph it is better to ask the copyright holder of permission of two reasons: 1. It contributes to a good relation with the copyright holder and for future co-operation and 2. Protect the LiU trademark.

Permission is required if one uses copyright protected photos for a photo collage.

Photographing a Person

It is from the 1st of July 2013 not allowed in secrecy to photograph or film a person who is situated in their private environment or in a place which is meant to be private e.g. a toilet, in a dressing room or similar. There is an exception for journalistic work.

Photographing Person on the Campus or in A Crowd etc.

It is allowed to photograph person in public environments e.g. on a street or public crowds without permission but it is always appreciated if one ask first before photographing and inform the purpose of the photographing.
Photographing at the Campus without permission of the person, should be avoided because the person might have protected identity or the photographing might also be against the persons religious believe.

Publish the Photo on the Internet

Publishing names and images of a person in e.g. blogs or other social medias is allowed as long as one does not insult the person in question. Examples of insulting treatment is if one hangs out, slanders or in other ways scandalises a person.

Sound and Video Recordings During Lectures

At Linköping University there is a general prohibition against video recording, photographing, filming in lectures, seminars or other teaching forms. Read more about this in rektor decision (Swedish Only). Exceptions might be permitted for persons with functionally disabilities of various kinds where sound recording or photographing may be of help. Ask for permission in due time before the lecture.

Work of Arts

In a printed publication works of art may be published if it is a critical description e.g. if the work of art is a part of a scientific publication, dissertation or an article where the work is scientifically reviewed. Full reference must be given to the source and creator. Note that it is not allowed to published the work in an electronic publication. That requires permission. See also Bildkonst Upphovsrätt i Sverige, BUS.

LiU E-Press and Copyright

General

  1. All authors, including students, who publish their work at www.ep.liu.se (LiU E-Press), retain the copyright to their work.
  2. All work published at LiU E-Press is protected by Swedish copyright law. LiU E-Press has no commercial interest in the material it publishes.
  3. The publishing agreement that all authors must sign prior to publication at LiU E-Press, only gives LiU E-Press permission to make an author’s work available on the internet.
  4. As author, it is your responsibility to ensure that the material you use in your work is not copyright protected; this includes figures, tables, diagrams, and sound and video files.
  5. If someone other than yourself has created or been involved in the creation of sound or video clips to be included in your work, then you must have permission from them to publish the files. Use our pdf-fil form to get this permission.
  6. In the case that you subsequently publish your work with a third party, you must inform the publishing body that the work is already published at LiU E-Press (this does not prevent you from publishing with a third party, but they cannot request the restriction of the publication at LiU E-Press).
  7. Parallel publishing of articles at LiU E-Press is frequently allowed, without requiring additional permission from the publisher. E-mailAsk us about the publishers policies. The information can also be found at Sherpa.

Parallel Publish Material at LiU E-Press

Parallel publishing of publications published at LiU E-Press is allowed on a personal homepage, the institutional or sub departments homepage and/or the University repository. Full reference to the author and the original publishing must be given and that the material is not used for commercial purposes.