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Copyright and publication issues related to master“s and diploma theses

All master's theses that are written in public educational establishments and lead to a degree are, according to the Act on the Openness of Government Activities, official documents that are public unless specifically otherwise provided. (The Constitution of Finland, Section 12.2Act on the Openness of Government Activities, Section 1).

The Act also defines what kind of official documents are secret. Such are for example documents that contain information on business or professional secrets and documents that contain the basic materials for a dissertation or other scientific study, or the assessment of the same (Section 24). In master's theses the secret information should only be included in the background material.

According to the guidelines published by the MInistry of Education and Culture (2/500/2004) universities and universities of applied sciences must ensure that master's theses do not contain secret material, and that they are available to the public immediately after their approval.

When you submit your thesis for examination, you must choose the extent to which your thesis will be available on the web. If you select the open publishing method, your approved work will be published as a full text in the UTUPub publication repository, where it is open to everyone. Your thesis will get a permanent URN (Uniform Resource Name) that can be easily shared and easily referenced (eg in a CV).
If you choose the limited publishing method, your thesis metadata (including author, title, approval date, subject and unit / faculty data) and summary text will be stored in the UTUPUb publishing repository without the full text of your thesis.

NB. If the thesis is an article or consists of articles: make sure that the publication journal of the article allows a thesis / article to be published in the UTUPub publication repository as a thesis / part of the thesis. In such cases, it is wise to discuss the matter first with the supervisor.

Quotation Rights in a Thesis

The quotation right (Copyright Law Section 22) refers to the legally accepted right to use quotations or similar material from another work without explicit permission, provided it is done correctly and under good practice.

The conditions for quoting are met when:

  • the work is published,
  • the quotation or quoted image has a relevant connection to the text, meaning it relates to the topic being discussed,
  • and the author and source are properly cited (Copyright Act Section 11(2)).

Primarily, a quote implies direct copying of another text, that is, direct or with very minor changes. However, reductions or other modifications may be permitted. Non-essential information, from the point of view of the quote, may be omitted, or additional clarifying notes may be added. It is generally considered respectful to mark excerpts and explanations so that the reader can perceive any changes made to the original text.

Quotation rights apply to all works, including images. Therefore, images may be quoted in scientific presentations, such as theses. However, the image must be significantly related to the text, and its use in the work must be well justified, for example, as part of an analysis. The right to quote an image is interpreted narrowly, and therefore, it is always important to assess carefully the necessity of quoting. Collecting illustrations for publication is not possible by referring to the quotation right.

The length of the permitted citation, or the "required extent", is not defined by law, but must be determined on a case-by-case basis. The purpose of a quote could, for example, be to clarify or illustrate the subject being discussed. If this is the case, the quote may be longer if it is necessary to clarify or illustrate the matter.

You don't need to ask a publisher's permission for a citation right. However, if there is any uncertainty about whether the quoting conditions have been met, you should request permission, which also serves as a notification to the author about the use of the work.

When does the copyright not apply?

Quotation law gives you the right to use excerpts from another work, such as images, without explicit permission, provided that the use meets the conditions set for quoting. Please note that you cannot use unpublished images taken or created by others without permission.

The right to quote does not provide a general right to publish the work freely in any context, nor, for example, may the entire work or a large part of it be copied and published without permission.

For example, when images are used for purposes other than quoting, such as decorative illustrations on the cover of the work, without a specific connection to the research, permission is required from the author of the image.

Photographs and personal information

Photographs where people can be identified are considered to hold personal information. This means that the rules of privacy and data protection laws must be considered when taking and sharing such photographs. Before you use these kinds of photographs, make sure you have obtained consent or permission from every person who can be recognised in the photograph.

Make an image plan and obtain permission in time

It is advisable to maintain an image plan during the thesis writing process. Record the information about the images, for example, in an Excel spreadsheet. The details should include the author, the location and year of the photography, and any people in the image. In addition, it is good to mark the purpose of using the image (e.g. analysis, referral, or illustration) as well as the image's original, copyrights, and permissions. This facilitates image management and ensures proper usage.

If you need to obtain permission to use the image, do so well in advance, preferably as soon as you find the image you want to use in your thesis. If you do not receive a response to the permission request or the response is negative, do not use the image.

You can usually start asking for permission by contacting the publisher. Most publishers offer a service whereby you can ask for permission and get it immediately, such as RightsLink. If this service is available, use it first. For images on the web pages that are not specifically marked with copyright information, you can contact the webmaster of the site.

Marking of sources

According to Section 11(2) of the Copyright Act, when quoting, the author's name and source must be mentioned to the extent and in the manner required by good practice. In theses, the way of marking quotes and sources is also governed by possible subject-specific guidelines.

Summary: When permission is not needed and when it is needed?

Generally, you do not need permission if:

  • You use your completely independent and original work which does not rely on or resemble a copyrighted original work.
  • The work has a permissive Creative Commons license (e.g. CC BY 4.0) or you have permission from the copyright holder.
  • The work is used within the confines of the quotation right as part of analysis, criticism or teaching in a way that the use meets the requirements of the quotation right (is related to the work in discussion, source and author are cited, and the usage is moderate).
  • The copyright has expired (over 70 years since the author's death).
  • You have taken a photograph of a work of art located in a public place, and it is essentially related to the text (Copyright Act, section 25).
  • You are using a work threshold exempt material (simple diagrams or tables) where author is cited.

Permission is needed when:

  • You are using copyrighted material extensively or in its entirety.
  • You are using modified versions or derivations.
  • You are using unpublished photos or other materials.

 

FAQ about Quotation Rights in a Thesis

What is a work threshold?

Work threshold refers to the requirement in copyright law for a minimum amount of creative, original effort for a work to receive copyright protection. In other words, simply creating a simple, everyday or normal image, text, diagram, or other material may not exceed the work threshold, so it is not a copyrighted work.

When the work threshold is exceeded, the work is automatically protected by copyright law, and its use requires permission or right (such as quotation right).

If the work threshold is not exceeded, the material can be used freely without permission (this can apply to simple tables, standard diagrams, facts or very simple drawings).

Examples:

Does not exceed work threshold: A simple table containing only basic information or generally known facts. A simple line drawing that does not have a specific creative effort.

Exceeds work threshold: Skillfully designed graphic illustration, photograph, original conceptual diagram or complex drawing where the author has used creative skills.

 

If I quote an entire paragraph or poem in my thesis, where is the boundary of the allowed quote?

The allowed extent of the quote depends on the situation. The conditions for a quotation right are met when the work is published, borrowing is in good practice (author and source are mentioned, no commercial use), and the loan must be related to the matter and give an accurate impression of the original work. Too short a quote may even be misleading.

An entire poem, however, is a literary work, and it cannot be quoted in its entirety. A part of a published poem can be quoted when it is related to the matter and the extent is appropriate. Source information must always be stated.

Over 70 years must have passed from the author's death until the work is copyright-free. In translations, the copyrights of the translator, which can be on the same level as the original author, must be taken into account.

 

Do I need permission to use map images?

Using maps in a thesis requires obtaining permission. For example, the National Land Surveyor Agency states on its website the terms of use for its maps. If the map dataset usage terms mention that the maps are freely usable, the source must always be mentioned.

 

Do I need permission if I draw an image or graph myself that matches another's?

Yes, if the original image or graph exceeds the work threshold. In this case, drawing an image by the original model is considered as manufacturing a copy, which requires permission. If you instead draw a completely new image that cannot be linked to the original work, permission is not needed.