Charles,
Just a comment on the phrase 'What counts is whether multiple copies have been made to satisfy demand for copies.'.
The concept of 'multiple copies' is fuzzy in a networked e-world. If just one e-copy is made publicly available is it still possible to claim it is not published?
Another thought - even in the p-world the requirement for the existence of 'multiple copies ... to satisfy demand' seems have be met as I remember I had to supply multiple copies of my dissertation including one for my supervisor and the external examiner :-) .
Regards,
John.
> -----Original Message-----
> From: A general Library and Information Science list for news and
> discussion. [mailto:[log in to unmask]] On Behalf Of C
> Oppenheim
> Sent: 28 May 2010 14:49
> To: [log in to unmask]
> Subject: Re: Referencing from theses/dissertations
>
> I would like to comment on your summary of responses.
>
> A copy of a thesis if validly requested under Freedom of
> Information Act is NOT a published work. It can only be used by
> the requestor for his/her FoI purposes and may not be further
> reproduced - the FoI Act and the Copyright Act are totally clear
> on that point.
>
> Tim Padfield's book goes into considerable detail as to what is
> meant by "published" and makes it clear the mere putting of an
> item on a library shelf does not make it published. In all
> probability, then, a thesis is an unpublished work. The fact
> that it has passed an examination is irrelevant. What counts is
> whether multiple copies have been made to satisfy demand for
> copies. As an unpublished work, a thesis can be copied by, or on
> behalf of a patron so long as the depositor has not said it can't
> be copied. Fair dealing CANNOT over-rule a depositor's wishes.
>
> The KEY question is not, however, the formal legal position, but
> the management of risk; if someone ignores a depositor's request
> and makes a copy anyway, how likely is it that they will be found
> out? That's the real issue!
>
> Charles
> ________________________________________
> From: A general Library and Information Science list for news and
> discussion. [[log in to unmask]] On Behalf Of Graham Fennell
> [[log in to unmask]]
> Sent: 28 May 2010 14:30
> To: [log in to unmask]
> Subject: Re: Referencing from theses/dissertations
>
> Thanks to everyone who responded to my enquiry about the copyright
> status of theses and dissertations. As promised, I am reporting
> back a summary of responses. There is no particular consensus on
> the matter because the law appears, to an extent, to be open to
> interpretation. However, most people suggest a degree of leniency
> as regards quoting from theses held in library collections.
>
> Thanks,
> Graham
>
> Summary of responses:
>
> 1) I think that this was discussed on lis-copyseek a couple of
> years ago at least! I think that the upshot was that you can't
> prevent people from referencing, under copyright law. But I'd be
> very interested to hear more about where this came from and why it
> might exist because I think you're right, the statement has been
> used with old theses at a number of institutions.
>
> -------------------------
>
> 2) Surely fair-dealing under copyright law exists for theses too,
> just so
> long as the quotation is acknowledged. To be on the safe side, we
> have
> now tried to track down as many authors of older theses as
> possible,
> asking them what reproduction they would allow and we keep their
> reply
> with the thesis. For more recent submissions we ask at the time of
> receipt of the thesis what reproduction authors will allow.
>
> -------------------------
>
> 3) No firm foundation to start with because there is no agreement
> over whether a thesis is technically an unpublished work or
> whether it is a published work.
>
> Fair dealing applies to all works whether published or unpublished,
> and although it is a defence rather than an exception, there may
> still be a case whereby someone could argue that quoting from a
> thesis without obtaining copyright permission could be fair
> dealing. It would take a court case to decide, but one could argue
> that the thesis is "made available to the public" simply by virtue
> of it being on a library shelf.
>
> Now, if the thesis has been embargoed or contains sensitive
> information of some sort, then it is possible that copyright
> permission would need to be sought to reproduce aspects of it such
> as short quotations.
>
> A thesis, once requested under Freedom of Information Act, is
> effectively turned into a published work.
>
> Generally accepted that students writing a thesis can quote from
> other theses under the provisions of fair dealing. There may also
> be the educational exception for assessed work which applies here
> too - which states that anything used for the purposes of
> assessment does not infringe copyright in the original work.
>
> I would say that short quotations from theses, particularly for
> criticism and review, are acceptable.
>
> -------------------------
>
> 4) The situation is that reproducing any of a thesis is NOT
> permitted ONLY so long as the author had expressly stated he/she
> did not to permit such reproduction. A library notice without
> such explicit instructions has no legal validity.
>
> It depends on whether the authors of theses were specifically
> asked if they wished to restrict copying? Only if they were asked
> and agreed to this restriction does the restriction stand. However,
> if the library has no record of this, then it's best to respect
> the terms of the notice.
>
> It is generally agreed a thesis is an unpublished work and yes,
> this is enshrined in the law.
>
> A good reference source for all of this is Tim Padfield's
> excellent "Copyright for Archivists and Records Managers", Facet,
> 2010 - see chapter 5.3.12
>
> -------------------------
>
> 5) What exactly is an 'unpublished work'?
>
> If the author of a thesis deposits a copy in a library knowing
> that without an explicit request to the contrary it will be made
> publicly available for consultation are they not effectively
> publishing it?
>
> -------------------------
>
> 6) A thesis usually counts as published work if it has passed the
> exam/examination (thus fit for publication). There can be many
> exceptions so one may have to take it on a case by case basis if
> there is any uncertainty. Ensure one reads and implements all the
> instructions from all libraries and publishers.
>
> -------------------------
>
> 7) My feeling would be that without permission, lecturers can
> quote a small amount (as long as it is not the most important
> small amount) without permission, as long as they cite where they
> took it from and who wrote the work. If it is more than approx. 5%
> or the most important part, then they really should get permission.
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