University regulation include the requirement to submit two copies of your thesis: one bound copy for the department and one in electronic form that will be openly accessible on Sussex Research Online and the British Library's Electronic Theses Online Service (EThOS).
What are the key issues arising from electronic theses?
Authors have exclusive economic rights to make commercial gain from the exploitation of their work, for example, they have the right to control if and when their work is performed, copied or made available to the public. They also have moral rights to be identified as the author, right of attribution, the right to object to derogatory treatment of a work, right of integrity and the right to object to false attribution.
However, there are also exceptions under the CDPA 1988 which allow the use of copyright works within certain conditions and limits and for certain purposes, without infringing copyright:
If you have used short extracts of text or an illustration or image from a published work and it is integral to your argument or analysis within your doctoral thesis, then this may be allowed under the fair dealing exception for criticism and review. If this is the case, it may not be necessary to seek permission. However, this form of fair dealing does not apply to works that have not been made available to the public, on the grounds that it would be unfair to the author. In the case of using extracts from unpublished material, you would need to seek copyright permission from the copyright holder to include in your ethesis.
The steps towards tracing a copyright owner are to:
If, in the course of your research for your doctoral studies, you are consulting archival material in museums, archives or special collections, you may find that some of this material is unpublished and additionally the author may be unknown or difficult to trace (Orphan Work). In terms of copyright compliance, this raises several issues when it comes to the inclusion of substantial extracts or images in your dotoral thesis.
If you are dealing with unpublished material or orphan works, you may need to assess the risk of including the material if you are unable to obtain permission. The JISC Strategic Content Alliance (SCA) IPR Toolkit is a very useful resource for checking the exact duration of copyright in unpublished material as well as guidance and support in using orphan works.
The information contained within these pages is intended as a general guide and an interpretation of current copyright issues. It is not intended and should not be construed as legal advice.