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Copyright Issues in Dissertations and Theses
Using Other Works in My Dissertation or Thesis
Dissertations and theses often include references to, or quotations from, previous scholarship and commentary. While providing appropriate citation to your sources is an issue of academic integrity, incorporating pieces of other works into your writing may also present issues related to copyright law.
Public Domain
Many works, especially older ones, are free of copyright restrictions. You may use these works in any way that you like, including adapting or transforming them. Most works published in the United States before 1923, and most works produced by the United States government, are in the public domain. Note, however, that it can be extremely difficult to determine whether a particular work is in the public domain. Unpublished documents such as personal papers, and much archival material - even if written before 1923 - may present particular challenges. If you are unsure, you may wish to consider whether the use you are making would be considered a fair use, and if not, seek permission.Fair Use
Most brief quotations, and some uses of images, are likely to be considered "fair use" - you don't need permission for a fair use. Commercial uses, and longer quotations are less likely to be fair. The rules are quite complicated, and it is very helpful to be familiar with the "four factors" of fair use analysis.
Although it is unlikely in the case most traditional written dissertations, if you are quoting a large amount of a work, are monetizing your dissertation, or are working in nontraditional media or formats, you may need to seek permission for your uses.
My Copyright in My Work
As soon as your work is "fixed in a tangible medium" (i.e., written down, recorded, saved to disk), you own a copyright in that work. This means that you have a right to control (subject to fair use and other provisions) whether and how your work is reproduced, distributed, adapted, displayed, performed, recorded, and/or broadcast. These rights are sometimes referred to as "Author Rights", although they apply equally to all creators. Most scholars want their works to be widely distributed and cited. In order to distribute your work, you may need to share some of those rights with other people or organizations - but you don't need to give them all away.
Sharing Your Work
An easy way to raise the profile of your dissertation or thesis is to deposit a copy in the University Digital Conservancy. The UDC provides a permanent, stable, online home for your work, and increased findability in Google Scholar. You retain full ownership and control of any work you deposit with the Conservancy, and grant them a non-exclusive license to store and share your work.
Many scholarly disciplines have dedicated online repositories; depositing your work in one of these is another easy way to distribute your work and raise its profile.
Publishing Your Work
Relatively few dissertations and theses turn into bestselling books, but many are published as books, monographs, or articles. In order to publish your work, all publishers need your permission. But many publishers request that you give them full ownership of the copyright in your work. This means that the publisher will control all future uses of your work - including your own!
Consider publishing with an Open Access journal. These journals (thousands of titles, in many disciplines) distribute works openly and freely online, and most encourage you to retain full ownership of your copyrights.
If you publish with a non-Open Access publisher, negotiate about your copyrights. You may be able to retain full rights, or you may transfer your ownership, but retain rights to use, adapt, modify, quote from, and distribute your work on your own.
For help or advice on any copyright issues in your dissertation or thesis, please contact us.