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You may include an insubstantial portion of a text without the copyright owner's permission in your article, book chapter, thesis for publication on Griffith Research Online ( GRO ), creative work for publication or other published research. Otherwise you need copyright permission unless you can use the criticism or review exception.

A short quote or extract from a longer copyright work—such as an article or book—would in most instances be considered an insubstantial portion. But if the extract was particularly distinct or important to the overall work—such as the conclusion section from an article or a line from a song chorus or a plot twist—it would in most instances be considered substantial. Some academic publishers provide guidelines on permissible amounts external authors may use from their texts without permission. For example, permission is not required to use or cumulative text extracts of from the American Psychological Association’s academic articles and books. Additionally some academic book publishers will not permit insubstantial portion use but require their authors to get permission whenever including content created by others.

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

There is no issue including your published articles in your thesis for marking only.

If you publish an article through a Library Read and Publish agreement, you may include your article in your thesis for publication on under the terms of your article’s Creative Commons licence.

However, when submitting your thesis, containing any non Read and Publish agreement articles, for publication on , you are permitting Griffith University to publish articles whose copyright will usually belong to a journal publisher. This will rarely be a problem if you follow the advice on which version of your article you can include.

In instances where a journal has a lengthy embargo waiting period before your article can be published in your thesis, you should either redact the article or request an additional embargo on your thesis publication beyond the standard 12 months after conferral. Email thesisexams@griffith.edu.au to request an additional embargo.

Contact the Copyright and Information Policy Officer for advice.

There are three versions of articles:

• Publisher’s version or version of record: the formatted article in the journal—typically in PDF format.
• Postprint or accepted version: the version that has undergone the peer review process, that is the final version but without the publisher’s layout—typically in Microsoft Word format.
• Preprint version: any version prior to peer review—typically in Microsoft Word format.

Your supervisor will often suggest which version to include in your thesis for marking. When publishing your thesis on , Elsevier and open access publishers such as those via a Library Read and Publish agreement will allow you to include a publisher’s version of your article.

However, other publishers generally do not permit you to include a publisher's version. If you have a publisher's version in your thesis for marking, you will generally need to substitute the postprint or accepted version in your thesis for publication, in accordance with your journal publisher policies, as advised below.

Additionally, there will generally be an embargo period of 12 months—this can be up to 36 months—before you may publish the accepted version. To accommodate a 12-month embargo period, Griffith will publish your thesis 12 months after conferral, unless you request otherwise. If you need to further delay the publication of your thesis to accommodate a lengthy postprint embargo period, you can request this through thesisexams@griffith.edu.au.

How to get permission for the Postprint or accepted version

Articles published by Elsevier, Sage or Springer

and permit the insertion of the accepted version of an article immediately after publication in an author's thesis for publication on GRO . If your article is published with Elsevier or Sage, you don't need permission.

Springer will also permit you to publish your accepted version immediately in your thesis on GRO . But you must formally get permission to do this through the Reprints Permissions link—which will take you to Rightslink to get permission—found on the About this Article tab on the web page where your article is published. Store the received permission so that it can be readily retrieved if ever required.

Articles not published with Elsevier, Sage or Springer

1. Search using your journal title on the to find the embargo period for the postprint or accepted version of your article on an Institutional Repository. Normally, the embargo will be 12 months. As your thesis will be published on GRO 12 months after conferral, a 12-month embargo will permit you to include your accepted version. If you need help, ask the Copyright and Information Policy Officer.
2. Find a link to Request permission or Get rights on the webpage where your article is published. You will be directed to RightsLink where at times you can get the required permission.
3. Alternatively, check your publisher's agreement or your publisher's Journal Author Rights on the internet. Some publisher's agreements or policies allow you to include the accepted version of your article in your thesis for publication on a University Repository, such as GRO . Contact the Copyright and Information Policy Officer for assistance.
4. If none of the above work for you, adapt and send a permission email to your journal publisher to include the accepted version in your thesis for publication on GRO . Normally you will receive an email reply granting permission within a week. Store the received permission so that it can be readily retrieved if ever required.
5. If, after sending the permission email, you don't receive the permission you require, seek advice from the Copyright and Information Policy Officer.

How to get permission for the Publisher's version

1. If your article is published with Elsevier, there is no need to get permission. permits the insertion of the publisher version of your article immediately after publication in your thesis for publication on GRO .
2. Find a link to Request permission or Get rights on the webpage where your article is published. You will be directed to RightsLink where at times you can get the required permission.
3. If you are not publishing with Elsevier, check your publisher's agreement or your publisher's Journal Author Rights on the internet. Some publisher's agreements or policies allow you to include the publisher's version of your article in your thesis for publication on a University Repository, such as GRO . Contact the Copyright and Information Policy Officer if you need advice.
4. If none of the above work for you, adapt and send a permission email to include the publisher's version in your thesis for publication on GRO . You should normally receive a response within a week. Store the received permission so that it can be readily retrieved if ever required.
5. If, after sending the permission email, you don't receive the permission you require, seek advice from the Copyright and Information Policy Officer.

There is no issue including an article that hasn’t yet been published in your thesis for marking only.

When submitting your thesis for publication on , you permit Griffith to publish your article 12 months after your thesis has been conferred—unless you request earlier publication. Most journal publishers have pre-publication policies that will not accept material that has previously been published.

However, as long as your article is published in a journal prior to your thesis being published by Griffith, there is generally no issue for two reasons. Firstly, your thesis—containing a version of your article—is published after your journal publisher publishes it. Secondly, your thesis will contain a preprint version of your journal article, and almost all publishers permit the immediate publication of a preprint version in a thesis by a university once they have published the article in the journal.

You can check regarding the publication of your preprint by searching the journal title on the

However, if about 10 months after conferral, your article is still yet to be published, you should email thesisexams@griffith.edu.au to request an additional embargo to delay the publication of your thesis so you can comply with the journal’s pre-publication policy.

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.

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.

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.