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| Use of Copyrighted Material and the Doctrine of “Fair Use” |
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Authors must conform with the copyright rule of “fair
use” when quoting materials or using graphics copyrighted by others. Generally,
this means that in cases where permission is not obtained, “use” of the
material is “fair” to the copyright holder. Such items as quotations and photo
reproductions should not be so numerous or lengthy as to diminish the value of
the work being cited. On the other hand, “fair use” is also a right that the
author is entitled to exercise.
Because the rule of “fair use” is not precisely defined, it
is advisable to request the copyright owner's written permission for any
quotation or quotations of 150 words or more. If more than three items from other
media (e.g. art reproductions, photographs, maps or tables) are drawn from a
single copyright holder, written permission must be obtained. Whatever the medium, permission letters must accompany the final
dissertation deposit. In the permission letter, the holder of the copyright
should give the author of the dissertation permission to use the copyrighted
material and give ProQuest Information and Learning permission to film and sell
the material on which it holds a copyright.
If diligent efforts to obtain copyright permission letters
prove unsuccessful, the author may request ProQuest to delete the material in
question before filming. Please note that ProQuest cannot delete illustrations
interspersed throughout the text. Therefore, such illustrations should be
placed together at the back of the dissertation. These pages must be numbered
consecutively with the previous text pages. To request the deletion of
copyrighted material, address a letter to ProQuest and send it to the
Dissertation Officer with the rest of the deposit materials. In the letter,
which the Dissertation Officer will forward to ProQuest, explain the copyright
problem in writing and ask that ProQuest delete the material; identify
explicitly what is to be deleted.
If the author is unsure whether or not to ask permission or
unsure how to proceed generally in these copyright matters, he or she should
call Ms. Jerrie Gray at ProQuest (1-800-521-0600, extension 2139.) There is
also a very clear discussion of copyright issues in the most recent edition of The
Chicago Manual of Style and Guide 5 in the ProQuest “Publishing your
Dissertation” booklet, which offers sample letters and other useful information.
Columbia University's Copyright Advisory Office may also be resource.
In some disciplines, most commonly in the sciences,
previously published material authored by the dissertation writer may be
included in the dissertation. This is usually in the form of a journal article
with the journal holding the copyright. Many journals routinely allow inclusion
of these articles in dissertations and do not insist on a permission request.
If the author is using pre-published articles (or other material) this issue
should be clarified with the journal or copyright holder prior to deposit.
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