Copyrighted Material and the Doctrine of Fair Use

Fair use is a copyright concept that is part of US federal law that allows limited uses of copyright-protected materials without permission in certain circumstances, so long as four factors are considered in examining the intended use.  Generally speaking, existing materials that are, copyright-protected by others may be used in a dissertation to the extent that they are necessary to make a point, engage in comparative analysis, criticize, or engage in scholarly commentary.

This guide from Columbia Libraries provides information about Fair Use, including a Fair Use Checklist (PDF) that can help dissertation authors identify how to apply the four factors used to determine fair use. Additionally, authors can refer to the Copyright Law and Dissertation Preparation Guide (PDF) from Columbia Libraries for information on how to apply fair use. If after examining the four factors, you are of the opinion that your intended uses exceed fair use, then you should seek permission for your intended uses from the copyright owner.

In some disciplines, most commonly the sciences, the dissertation writer may wish to include their own previously published material in their dissertation. This is usually in the form of a journal article with the journal holding the copyright. Some journals allow these articles to be included in dissertations and do not require permission. If the author is using pre-published articles (or other material), this issue should be clarified with the journal or copyright holder before deposit.  For more information, review any author agreements a publisher may have provided to you. You may also refer to the Jisc Open Policy Finder for a general understanding of the licensing practices of specific publishers or journals.  

If you have included images, tables, and/or figures in the dissertation, please ensure that you have obtained copyright permissions for those materials. If you have been denied permissions or have not received approval for fair use, you are not authorized to include previously published materials in the dissertation. For more information: Copyright Considerations For Dissertation & Thesis Writers and Commercial Work Guidelines.

Departments are encouraged to formulate and enact policies that address this matter.

If you have additional questions, concerning copyright, please contact Copyright Advisory Services at [email protected]. If you have more general questions, please contact the Dissertation Office at [email protected].