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UKCOMICSCHOLARS  September 2017

UKCOMICSCHOLARS September 2017

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Subject:

Re: Images of comics in PhD thesis

From:

"Chris Murray (Staff)" <[log in to unmask]>

Reply-To:

Chris Murray (Staff)

Date:

Sat, 23 Sep 2017 02:39:38 +0000

Content-Type:

text/plain

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I agree. When taking a PhD thesis into its online repository our University library asks if copyright permission has been granted for all the images. If it has not then they ask for an additional version of the thesis with all the images removed. This is because if they make a thesis available to anyone who requests to see it they are technically publishing it. The specific guidelines there may be different but I imagine the guiding principles are largely the same.



Sent from my iPhone



> On 22 Sep 2017, at 20:40, Julia Round <[log in to unmask]> wrote:

>

> My experience of PhD submission was as Ernesto says, but when it came to depositing the bound thesis in the library there were problems.

>

>

> You might find the full legal definition of fair use below helpful, especially the four-part test that accompanies it - when I submit articles to journals/edited collections now I include a statement that addresses all of the points, this has worked for me so far.

>

>

> ‘US Title 17 Section 107:

>

> Notwithstanding the provisions of sections 106 and 106A, the fair use of a

>

> copyrighted work, including such use by reproduction in copies or

>

> phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright.

>

>

>

> In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include:

>

> (1) the purpose and character of the use, including whether such use is of a

>

> commercial nature or is for nonprofit educational purposes;

>

> (2) the nature of the copyrighted work;

>

> (3) the amount and substantiality of the portion used in relation to the

>

> copyrighted work as a whole; and

>

> (4) the effect of the use upon the potential market for or value of the

>

> copyrighted work.’

>

>

> Hope this helps. Congrats on submitting your thesis!

>

>

> All best, Julia

>

>

> Dr Julia Round

> Principal Lecturer, Faculty of Media and Communication

> Bournemouth University, Fern Barrow, Poole, BH12 5BB

> Tel: 01202 965931 (email preferred)

> Room W322. Office hours this term: Tuesdays or Wednesdays 2-3pm (variable by week, please email to arrange an appointment)

> ________________________________

> From: UK Comic Scholars <[log in to unmask]> on behalf of Ernesto Priego <[log in to unmask]>

> Sent: 22 September 2017 16:28

> To: [log in to unmask]

> Subject: Re: Images of comics in PhD thesis

>

> Hi Andrew,

>

> My first port of call would be my institution's library and my School/Department PG thesis submission guidelines.

>

> When in I did my PhD and  in the case of PhDs I have supervises we did not have a limit on number of images, and for the submission and assessment of the PhD itself it is not required to have written permission from the rightw owners from any third-party, All Rights Reserved images cited (i.e. included).

>

> However, academic libraries and institutional repositories, as well as most traditional academic publishers, tend to be risk averse and tend to observe very traditional understandings of copyright law. This means that most libraries/thesis repositories/institutional repositories will require you to have written permission of each and every one of the images you have included in your thesis, if you want the full version of your thesis to be available to the public.

>

> As we all know this is a great hurdle and it means that many in our field limit themselves to studying what they have written permission to reproduce-- or fail to reproduce the work they discuss because they could not secure written permission.

>

> It's important to understand that a written permission to reproduce might be required if your will be making your thesis publicly available or, in most cases if you wish to publish your thesis in the future, but a written permission to reproduce images is not required to include them in your thesis and submit it to get your degree-- fair use fully allows for that.

>

> In brief, in this case I would consult my research librarian or library's copyright officer and my department's guidelines for thesis submission in the first instance.

>

> Obviously this does not constitute legal advice, and guidelines vary from institution to institution, School to School, dept to dept, etc.

>

>

> All the best

>

> Ernesto

>

> Dr Ernesto Priego

>

> @ernestopriego

> https://epriego.wordpress.com/

> http://www.comicsgrid.com/

> Subscribe to the Comics Grid Newsletter: http://eepurl.com/iOYAj

>

> The information contained in this email is confidential and may be legally privileged. It is intended for the addressee(s) only. If you are not the intended recipient, please delete this e-mail.

> The contents of this e-mail must not be forwarded, disclosed or copied without the sender's consent. The statements and opinions expressed in this message are those of the author and do not necessarily reflect those of any related organisations, projects, colleagues or employers.

>

>

> On 22 September 2017 at 14:02, Andrew Edwards <[log in to unmask]<mailto:[log in to unmask]>> wrote:

> Hi all,

>

> I have a question that I hope you may be able to help with. I have used images from comics for my PhD thesis. These vary between one or two page spreads, to covers, to cropped panels. These are positioned at relevant points within the chapters as I discuss them (and not in an appendix). Before I submit, would anyone know if any if this may be unacceptable in any way e.g. copyright etc. I'm hoping that this is ok  because I've included them for the purpose of 'criticism and review'. However, some guidance I've read is suggesting that 'cropped images' are problematic, for example.

>

> Best wishes and thanks,

> Andrew

>

> BU is a Disability Confident Employer and has signed up to the Mindful Employer charter. Information about the accessibility of University buildings can be found on the BU DisabledGo webpages. This email is intended only for the person to whom it is addressed and may contain confidential information. If you have received this email in error, please notify the sender and delete this email, which must not be copied, distributed or disclosed to any other person. Any views or opinions presented are solely those of the author and do not necessarily represent those of Bournemouth University or its subsidiary companies. Nor can any contract be formed on behalf of the University or its subsidiary companies via email.



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