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In single musical recording, there will be copyright in the:

• musical notation—including notation in a new edition of an out of copyright work
• lyrics
• performance
• recording.

So if, for example, you simply performed a piece of music, you will need permission from the composer, the lyricist, and the recorder of the music to publish your performance on Creative Works (CW). Additionally, if you performed with other performers, then you will also need permission from the other performers to publish their performance on CW .

Often you may include material with a Creative Commons or other open licence in your published research. This means you can often simply use or adapt diagrams, images, maps, videos or music from the internet with a in your published research—such as an article, book chapter, thesis for publication on , or creative work for publication—without needing permission from the copyright owner.

Attribution

When using Creative Commons material, always remember to attribute. Attribution should include the following information when available:

• any copyright notice supplied by the licensor
• the licensor(s) name(s)—normally the creator, but could be an employer
• the title of the work—not the website
• the URL for the work—for online material
• the type of Creative Commons licence and its specific URL .

Legal firms representing copyright owners can demand infringement payments for Creative Commons images published without attribution.

How to find Creative Commons material

• Use our Find free to use images guide.
• Try the for video or music.

Note that a CC license with a NC (Non-commercial) component does not permit inclusion in articles or books published by commercial publishers, but you can include these in your thesis for publication on .

Contact the Copyright and Information Policy Officer for advice.

It’s important to assume that all material on the internet has copyright protection. So when you want to include images or figures from the internet in your published research, you will need permission unless:

• the content is licensed under Creative Commons
• the site's terms and conditions permit your intended use
• a copyright exception applies.

Creative Commons licences

Many internet images are licensed under Creative Commons, allowing usage without permission. Ensure the licence terms align with your intended use. Full attribution is required to use material under a Creative Commons licence.

Website terms and conditions

Check the website's Terms and Conditions or Terms of Use to see if they permit the inclusion of the image or figure in your published research—such as an article, book chapter, thesis for publication on , or creative work for publication.

Contact the Copyright and Information Policy Officer for advice.

When adapting material created by someone else—such as images, diagrams, figures, sketches, photos, questionnaires, music or videos—for your published research, you generally need permission from the copyright owner. This is because your adaptation will likely include a substantial portion of the original copyright work.

If you create a figure or diagram based on another's figure or diagram, in most instances you will need permission to publish as your adaptation will be substantially similar to the original. Often, it’s easier to start from scratch and create your own original work.

This situation differs from when a work—particularly an artistic work—is merely inspired by another's work.

What constitutes a substantial portion can vary across mediums—for instance, even a single bar of music will be considered substantial. A still from a film is a complete copyright work.

In addition, you may at times also need additional permission from the creator when adapting their work. This is when the copyright owner and creator are different, and where your adaptation could be seen to adversely affect the reputation of the creator whose work you are adapting. However, you don’t need permission to adapt if the material has a Creative Commons licence or other open licence that allows adaptation and publication, or when the copyright has expired, or if you are using a Fair Dealing for parody or satire.

Read more about insubstantial portions or contact the Copyright and Information Policy Officer for advice.

If you wish to include images, photos, audio, or video you took containing the voice or image of others in your published research you will need written permission from any person who is identifiable. Published research includes: your article, book chapter, thesis for publication on , and creative work for publication.

If you do not have the required permission to publish, then you must redact the relevant material prior to publication. If redaction is not possible, you may not publish the material.

Contact the Copyright and Information Policy Officer for advice.

The É«ÇéÍøÕ¾n Copyright Act permits using another’s copyright material without permission for criticism or review, or for parody or satire in certain circumstances. This is referred to as a fair dealing.

Determining fair dealing

To determine if the use of another’s copyright material qualifies as fair dealing, relevant factors need to be considered including:

• purpose and character of the dealing
• nature of the item
• availability of the material at a reasonable price within a reasonable time
• impact of the dealing on the potential market or value of the material
• amount and substantiality of the part used in relation to the whole item.

No single factor is decisive.

Fair dealing for criticism or review

You may use a fair dealing when criticising or reviewing material in your research publications and conference presentations. The É«ÇéÍøÕ¾n Copyright Council has advised that criticism and review involves making a judgment of the material concerned, or of the underlying ideas. This provision generally does not apply to using another’s copyright material merely for illustration or example. Additionally, if your work would still stand up and make sense to a reader without it, your use would unlikely meet the criticism or review criteria. The whole of another’s copyright work—if it is needed—or a part of a work can be copied for criticism or review.

The É«ÇéÍøÕ¾n Copyright Act does not directly govern other countries. Therefore, the É«ÇéÍøÕ¾n fair dealing provisions cannot be relied upon for overseas publications or conference presentations—though many countries have similar copyright exceptions.

Additionally some publishers do not rely on copyright exceptions and require their authors to get permission or licences for all content whose copyright belongs to others.

Contact the Copyright and Information Policy Officer if you require further information.

Fair dealing for parody or satire

You can use another’s copyright material for parody or satire in your published research if it qualifies as a fair dealing on considering the fairness factors.

Although the Copyright Act does not define parody or satire, courts have provided some guidance:

• A parody is, at its essence, where a work is imitated or evoked in a humorous way yet with such revision and alteration producing an original work.
• A satire is a form of ironic, sarcastic, scornful, derisive or ridiculing criticism of vice, folly or abuse, but not by way of an imitation or take-off.

Important factors to consider include the amount of copyright material used and the context of the parody or satire. If the use is purely commercial or intended to profit from the original work’s popularity, this exception is unlikely to apply.

Contact the Copyright and Information Policy Officer if you require further information.

A still from a film is an image and considered a complete copyright work. Therefore, you need permission from the copyright owner to include this in your published research—such as an article, book chapter, thesis for publication on , or creative work for publication.

However, if the copyright in the image has expired, you won't require permission. Additionally, the criticism or review copyright exception can sometimes apply when using a still image from a film.

Contact the Copyright and Information Policy Officer if you require further information.

If you wish to include an image or voice of an Aboriginal and Torres Strait Islander person in your published research—such as an article, book chapter, thesis for publication on , or creative work for publication—you need to consider two key factors: copyright law and cultural sensitivity.

Copyright law

You need permission from the copyright owner unless the photo or audio is licensed under a suitable Creative Commons licence or an exception applies, such as the photo being out of copyright.

Cultural sensitivity

If the likeness in the image or voice is identifiable, you must adhere to Griffith’s (Section 4.1.8: Deceased Person’s Name, Images, and Voice).

Contact the Copyright and Information Policy Officer for advice.

You may include out of copyright material without permission in your published research—such as an article, book chapter, thesis for publication on , or creative work for publication. Examples of out of copyright works include:

• a photo taken before 1 January 1955
• works where the author, composer, lyricist, painter or sculptor died before 1 January 1955.

Check the É«ÇéÍøÕ¾n Copyright Council's or contact the Copyright and Information Policy Officer for advice. Note that some galleries that provide photos of artworks that are out of copyright, claim copyright in their reproduction. In these instances, you may need to get permission or even pay a fee to the gallery to use such photos in your published research.

Contact the Copyright and Information Policy Officer for advice.

No. You may not include material under Fair Use without getting permission in your published research—such as an article, book chapter, thesis for publication on , or creative work for publication. Fair Use is an American copyright exception. É«ÇéÍøÕ¾ has more restrictive Fair Dealing exceptions—for criticism or review, or for parody or satire.

Contact the Copyright and Information Policy Officer for advice.

Unless the copyright in an image or photo from an old magazine or newspaper has expired, you will still generally require copyright permission to include the image or photo in your published research—such as an article, book chapter, thesis for publication on , or creative work for publication. This is because the IP ownership—including copyright—that belonged to these magazine and newspaper publishers will have often been sold or transferred as business assets to another company.

Contact the Copyright and Information Policy Officer for advice.

Generally, a photographer owns the copyright in a photo they took. But if you took a photo of an artwork whose copyright belongs to another, then you only partially own copyright in the photo, as there is also copyright in the artwork depicted in the photo. Therefore, you will need permission from the copyright owner of this artwork before including the photo in your published research—such as an article, book chapter, thesis for publication on , or creative work for publication.

Contact the Copyright and Information Policy Officer for advice.

Yes. As the creator, you own the copyright in both your photos and your own artwork, so you may include these photos in your published research—such as article, book chapter, thesis for publication on , or creative work for publication.

Contact the Copyright and Information Policy Officer for advice.

When you create a commissioned creative work—such as a musical work—sometimes you will continue to own the copyright in the work you create, and sometimes you will hand over or assign the copyright to the person or organisation that has commissioned the work. It all depends on the agreement you sign.

If you own the copyright then you have the right to publish your entire work or a sample of your work on Creative Works ( CW ) or elsewhere—though if your musical work is performed and recorded, you will need permission from each of the performers and the recorder to publish this performance.

If you don’t own the copyright in material you are including in your creative work or accompanying material, you may only publish an insubstantial portion of this material on CW without permission. Whether the sample or part you intend to publish is insubstantial will depend on both the particulars of this portion and the nature and size of the overall work. A small amount of music—and at times even a bar of music—is generally considered substantial. A single still image from a film is a complete copyright work, and a part of this is generally considered substantial.

Read more about insubstantial portions or contact the Copyright and Information Policy Officer for advice.