Copyright for researchers
Key points at a glance:
- Permission may be required to use copyrighted material created by others - even in your thesis.
- Fair dealing usually ends once your thesis becomes publicly available.
- You may need permission to reuse your own published work.
Check copyright issues early - obtaining permission can take time.
Contact the CDU Library Copyright Officer for further information on copyright for your research
Using copyrighted material
Using your own work
You own copyright in the original work you create,unless you have signed an agreement transferring those rights to another party, for example, a publishing agreement. See below for what happens when you publish in a journal.
Under the CDU Intellectual Property Policy, students and researchers retain ownership of copyright in scholarly and creative works they produce during their studies or research.
Using other people's work under fair dealing
The Copyright Act 1968 (Cth) allows you to use a reasonable portion of someone else's work without permission under the fair dealing provisions, for the purpose of research or study. For more information, see the Australian Copyright Council fact sheet on Fair Dealing: What Can I Use?
Important: Fair dealing for research or study applies to your personal use and to material in your thesis while it is being examined. It does NOT apply once your thesis is deposited in the CDU Research Webportal and made publicly available under CDU's Open Access policy. |
When no permission is needed
You do not need permission if:
- the copyright in the material has expired;
- only an insubstantial portion is used (e.g. a short quote);
- the material carries a Creative Commons or other open license that permits your intended use.
Seeking permission
Using third-party copyright material
If you are using other people's copyright material in your research - beyond what fair dealing permits - you must obtain permission before depositing your thesis or publishing your research. This applies, but is not limited to:
- large amounts of third-party text or substantial quotes;
- images, graphs, diagrams, maps, tables, and charts;
- survey instruments and data collection tools;
- published articles, book chapters, or other research outputs not authored by you.
Permission from the copyright owner is required in addition to normal academic citation practice. Citing a source does not substitute for copyright clearance.
Start this process early - obtaining permission can be time-consuming, and some publishers charge a fee. If a publisher charges and you do not wish to pay, you may need to remove that material from the version deposited in the CDU repository.
Reproducing your own published articles
Many researchers assume they retain the right to freely use their own published papers in their thesis. This is not always the case. When you publish in a subscription-based journal, you typically sign a Copyright Transfer Agreement that transfers copyright to the publisher. What you can include in your thesis depends on the terms of that agreement.
Before or at the time of publication
The publishing agreement may contain a clause granting you, as the primary author, the right to reproduce the accepted version in your thesis. You can, and should, ask for such a clause to be included before you sign. Without it, you will need to seek a license retrospectively.
After publication, the three manuscript versions
Publishers have different policies on which version of a paper you may include in your thesis. It is important to understand the distinction:
| Version | Also called | Copyright status and thesis use |
| Submitted version | Preprint | The manuscript as submitted to the journal, before peer review. Copyright is retained by the author/s. Can generally be included in your thesis. |
| Accepted version | Postprint / Accepted Manuscript | The peer-reviewed manuscript, incorporating revisions, before the publisher applies final typesetting. The publisher holds copyright over this version.
This version falls under many journals' Green Open Access policy and can often be reused in your thesis, but may be subject to an embargo (typically 12-24 months). A publisher's license is required. Not every publisher has a Green OA policy.
If included in your thesis, the full citation and publisher's permission must appear on the Copyright Declaration page and in the relevant chapter. |
| Published version | Version of Record | The final typeset version as it appears in the journal. The publisher holds copyright.
You need explicit written permission from the publisher to include this version in your thesis, unless the article was published open access under a Creative Commons license. Note: free access online does not mean open access - the article must carry an explicit CC license. |
Open Access articles with a CC license
If you have published an article under a Creative Commons license, you may reproduce it in full in your thesis, either in the original format or reformatted to match the thesis style. Be aware that holding a CC license does not mean you retain copyright; it only defines the terms of reuse.
Even for CC-licensed articles you did write yourself, the full citation must appear on the Copyright Declaration page and in the chapter where it is reproduced. The CC license type and a hyperlink to the license should be included at the end of the citation.
You may adapt CC-licensed articles unless the license carries a Non-Derivative (ND) clause.
Co-authored publications
If a chapter in your thesis is substantially based on a co-authored publication, you need permission from your co-authors as well as the publisher. The same principles about manuscript versions apply.
Thesis by prior publication (non-tradtional thesis)
You own copyright in the original work you create,unless you have signed an agreement transferring those rights to another party, for example, a publishing agreement. See below for what happens when you publish in a journal.
Under the CDU Intellectual Property Policy, students and researchers retain ownership of copyright in scholarly and creative works they produce during their studies or research.
The Copyright Act 1968 (Cth) allows you to use a reasonable portion of someone else's work without permission under the fair dealing provisions, for the purpose of research or study. For more information, see the Australian Copyright Council fact sheet on Fair Dealing: What Can I Use?
Important: Fair dealing for research or study applies to your personal use and to material in your thesis while it is being examined. It does NOT apply once your thesis is deposited in the CDU Research Webportal and made publicly available under CDU's Open Access policy. |
You do not need permission if:
- the copyright in the material has expired;
- only an insubstantial portion is used (e.g. a short quote);
- the material carries a Creative Commons or other open license that permits your intended use.
If you are using other people's copyright material in your research - beyond what fair dealing permits - you must obtain permission before depositing your thesis or publishing your research. This applies, but is not limited to:
- large amounts of third-party text or substantial quotes;
- images, graphs, diagrams, maps, tables, and charts;
- survey instruments and data collection tools;
- published articles, book chapters, or other research outputs not authored by you.
Permission from the copyright owner is required in addition to normal academic citation practice. Citing a source does not substitute for copyright clearance.
Start this process early - obtaining permission can be time-consuming, and some publishers charge a fee. If a publisher charges and you do not wish to pay, you may need to remove that material from the version deposited in the CDU repository.
Many researchers assume they retain the right to freely use their own published papers in their thesis. This is not always the case. When you publish in a subscription-based journal, you typically sign a Copyright Transfer Agreement that transfers copyright to the publisher. What you can include in your thesis depends on the terms of that agreement.
Before or at the time of publication
The publishing agreement may contain a clause granting you, as the primary author, the right to reproduce the accepted version in your thesis. You can, and should, ask for such a clause to be included before you sign. Without it, you will need to seek a license retrospectively.
After publication, the three manuscript versions
Publishers have different policies on which version of a paper you may include in your thesis. It is important to understand the distinction:
| Version | Also called | Copyright status and thesis use |
| Submitted version | Preprint | The manuscript as submitted to the journal, before peer review. Copyright is retained by the author/s. Can generally be included in your thesis. |
| Accepted version | Postprint / Accepted Manuscript | The peer-reviewed manuscript, incorporating revisions, before the publisher applies final typesetting. The publisher holds copyright over this version.
This version falls under many journals' Green Open Access policy and can often be reused in your thesis, but may be subject to an embargo (typically 12-24 months). A publisher's license is required. Not every publisher has a Green OA policy.
If included in your thesis, the full citation and publisher's permission must appear on the Copyright Declaration page and in the relevant chapter. |
| Published version | Version of Record | The final typeset version as it appears in the journal. The publisher holds copyright.
You need explicit written permission from the publisher to include this version in your thesis, unless the article was published open access under a Creative Commons license. Note: free access online does not mean open access - the article must carry an explicit CC license. |
Open Access articles with a CC license
If you have published an article under a Creative Commons license, you may reproduce it in full in your thesis, either in the original format or reformatted to match the thesis style. Be aware that holding a CC license does not mean you retain copyright; it only defines the terms of reuse.
Even for CC-licensed articles you did write yourself, the full citation must appear on the Copyright Declaration page and in the chapter where it is reproduced. The CC license type and a hyperlink to the license should be included at the end of the citation.
You may adapt CC-licensed articles unless the license carries a Non-Derivative (ND) clause.
Co-authored publications
If a chapter in your thesis is substantially based on a co-authored publication, you need permission from your co-authors as well as the publisher. The same principles about manuscript versions apply.
If your thesis incorporates previously published articles that you authored or co-authored, seek written permission from the relevant publishers before:
- Your thesis is made available online in any form.
- Republishing portions of previously published works in their original form or a substantially similar form.
Keep a record of all copyright material included in your research, together with all granted permissions, using the template below.
Copyright permission licenses received from publishers should not be reproduced in the thesis itself. Compile all permissions into a single Copyright Permissions PDF to accompany your thesis submission.
The complete citation of each published article must appear on the Copyright Declaration page and in the chapter where it is reproduced. Example formats:
Author, Title, Journal Title, Volume/Issue, DOI, Copyright © [year], [URL]. Reproduced with permission from [Publisher]. OR Author, Title, Journal Title, Volume/Issue, DOI. Made available under a CC BY 4.0 license: https://creativecommons.org/licenses/by/4.0 |
Downloadable templates:
How to manage copyright requirements throughout your research
Start early
Obtaining permission can be time-consuming. Identify third-party material and begin permission requests as early as possible - ideally before you finalise which material to include. All permission requests must be in writing, and records should be kept for as long as the thesis is publicly available.
Record what you use
Keep a running record of all third-party copyright material in your thesis, including its location in the document, the license or permission status, and the date permission was requested and received. The CDU template for this purpose is available below.
Download: Copyright Materials Log
Using licenses and permissions
When publishing or sharing your research, you may need a license to use material protected by copyright. A license is permission from the copyright holder that allows you to use the material in a specific way.
Sometimes a license is already attached to the material, for example, through a Creative Commons license. In other cases, you will need to request permission directly from the copyright holder. Once permission is granted, this acts as a license and may include conditions, attribution requirements, or a fee.
How to seek permission
The process for obtaining permission depends on the source:
| Source | How to seek permission |
| Journal articles and book chapters | Most major publishers use RightsLink, an automated service for granting permissions. Look for links labelled 'Request Permission', 'Get rights and content', 'Reprints and permissions', or 'Information, rights and permissions' on the article page.
If the publisher does not use RightsLink, write directly to the publisher or rights holder. See the permission letter template below. |
| Websites | Website content belongs to the site owner. Before copying images or diagrams, check the Terms of Use (usually in the website footer). If use is not addressed, send a written permission request via the site's contact page. |
| If you can't identify the owner | Treat the material as fully copyright-protected. Write to the publisher of the source requesting contact details for the copyright owner. For further guidance, contact the CDU Library Copyright Officer. |
Key steps when seeking permission
Follow these steps before using copyright-protected material in your thesis or research publication:
- Identify the copyright holder. This may be the author, publisher, organisation, or another rights holder. Check the material itself for an ownership statement (e.g. © Author Name, 2022), the publisher's website, or the journal's author information page. If ownership is unclear, write to the publisher of the source requesting contact details for the rights holder.
- Check for an existing license. Look for a Creative Commons or similar open license attached to the material. If one exists, confirm what uses it permits - you may not need to seek permission at all. If there is no license, proceed to the next step.
- Request permission in writing. Contact the copyright holder directly or use an automated service such as RightsLink if the publisher offers it. Your written request should include:
- your name, contact details, and CDU affiliation.
- full citation details of the material (title, author, publication, volume, page numbers, figure or table numbers as applicable);
- how you intend to use the material (e.g. in your HDR thesis, deposited in the CDU Research Webportal under open access);
- any adaptations or modifications you plan to make;
- a request for a permanent, irrevocable, non-exclusive, worldwide license for the intended use;
- a request for the preferred form of acknowledgement.
- Confirm the license terms. Permission may be subject to conditions, attribution requirements, usage limits, or a fee. Make sure you understand and can comply with any conditions before proceeding.
- Keep a record of permission. Retain written permission for as long as your research output is publicly available. Record all permissions in the CDU template for listing third-party copyright material.
Download: CDU Sample Permissions Letter & Guide
When permission is refused or cannot be obtained
f you cannot obtain permission for third-party material in your thesis, you must remove or redact that material from the version deposited in the CDU Research Webportal. You may replace the removed material with a statement such as:
| "The [insert citation] is unable to be reproduced here due to copyright restrictions. Access the content via [insert URL or DOI]." |
A thesis with material removed in this way is referred to as a redacted version. The version submitted for examination may still contain the material (under fair dealing); it is the publicly deposited version that must be cleared.
CDU CAUL Read and Publish agreement
CDU has open access publishing agreements under the CAUL Read and Publish deal with many major publishers. This may allow you to publish open access at no additional cost, simplifying copyright reuse in your thesis. Check the CDU Library's CAUL page to see which publishers are covered.
Copyright and your research
Copyright in all original work you create (whether published or unpublished) exists automatically from the moment of creation, without any registration or application required.
Under the CDU Intellectual Property Policy, students and researchers retain ownership of copyright in scholarly and creative works they produce during their studies or research. Your rights as the copyright owner include the exclusive right to copy, share, publish, or license your work.
Copyright when you publish
If you publish your research, your rights may be limited by the publishing agreement you sign. Many traditional publishers require you to transfer copyright to them as a condition of publication. Before signing any publishing agreement:
- read it carefully to understand what rights you retain;
- check whether it permits you to reproduce the work in your thesis;
- check the publisher's self-archiving policy (often listed under 'author rights' or 'open access') to see which version and under what conditions you can share;
- negotiate author-friendly terms before signing - it is much harder to do so retrospectively.
Co-authored work
If your research is co-authored, copyright is shared jointly between co-authors. Before including co-authored work in your thesis, you should obtain agreement from all co-authors, as well as any applicable publisher permission.
Sharing your published research
Even after publishing, you may be able to share versions of your work depending on your publishing agreement. Options typically include sharing the preprint freely, sharing the accepted manuscript after any embargo period under the journal's Green OA policy, or sharing a link to the published version.
Preparing your thesis for deposit
Before you submit your thesis to the CDU Research Webportal, you need to confirm your copyright status and have the right documentation ready. The HDR32 Thesis Deposit Agreement asks you to declare whether your thesis contains third-party material and/or your own previously published work, and to confirm how copyright has been managed for each.
The Thesis Deposit form asks you to declare which of the following applies.
Obtaining permission for all copyright-protected material
This covers material cleared through written permission from the copyright owner, a RightsLink license, a Green Open Access policy permitting reuse of the accepted manuscript, a clause in your publishing agreement granting thesis reuse rights, or a Creative Commons license attached to the material.
Compile all evidence of permission into a single PDF - this may include emails, RightsLink licences, publisher letters, or publishing agreement clauses, together with a completed CDU Copyright Material Log listing every item and its permission or license status.
Some or all material is published under a Creative Commons licence
Confirm that the CC license attached to the material explicitly permits your intended reuse. Note that free online access is not the same as a CC license. The license must be explicitly stated on the source. Upload a completed CDU Copyright Material Log listing all material and the applicable CC license for each item.
You were unable to obtain permission for some or all the material
Remove or redact any unpermitted material from the version you are depositing. In its place, include the following statement:
"This [figure/table/image] cannot be reproduced here due to copyright restrictions. The original can be accessed at [URL/DOI]."
If the removed item is a published article, use:
"This article cannot be reproduced here due to copyright restrictions. The published version is available at [DOI/URL]."
If you are not sure which option applies to you
For guidance on how to identify whether your published article can be included and under what conditions, see the section When must I seek permission? Particularly, the manuscript versions table and the section on reproducing your own published articles.
For guidance on obtaining permission, see the section above titled How to manage copyright requirements throughout my research.
If you are still unsure, contact the CDU Library Copyright Officer before your deposit deadline.
FAQs
What is fair dealing, and when does it stop applying to my thesis?
Do I need permission to include my own published articles in my thesis?
Which Creative Commons licence should I apply to my thesis when depositing?
What is RightsLink, and how do I use it?
I am completing a thesis by prior publication. What do I need to know about copyright?
How do I know who owns the copyright for the material?
I want to reproduce a map I found in a book in my thesis, how do I do this?
Can I upload copyrighted material to a generative AI tool for my research?