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Copyright for Dissertations

Provides answers to common copyright questions that come up when working on a dissertation, including using others' content and publishing.

Copyright Questions?

The University of Michigan Library Copyright Office provides help with copyright questions for University of Michigan faculty, staff and students. Please email us with questions or visit our website for more information.

Legal Advice

The information presented here is intended for informational purposes and should not be construed as legal advice. If you have specific legal questions pertaining to the University of Michigan, please contact the Office of the General Counsel.

If you require legal advice in your personal capacity, the lawyer referral services operated by the Washtenaw County Bar Association and the State Bar of Michigan may be helpful to you.

Copyright Formalities

In the United States today, copyright protection automatically covers all new copyrightable works, including your dissertation. The moment a copyrightable work is fixed in a tangible medium of expression (e.g., written on a piece of paper or on your hard drive), it is subject to copyright.

In the past, authors had to comply with certain formalities in order to obtain copyright protection. These formalities included registering the work with the US Copyright Office and placing a copyright notice on the work. Copyright law no longer requires that authors comply with these formalities merely to obtain copyright protection. However, registering a work and putting a copyright notice on a work still come with legal benefits, so authors often do these things anyway.

Copyright Notice

Under current US law, you do not have to provide a copyright notice on your work to receive copyright protection. However, if you are making your work publicly available, you may want to.

Putting a copyright notice (the copyright symbol (©), the year of publication, and the name of the copyright holder) on a work tells the rest of the world that the work is protected by copyright. If the copyright holder later sues someone for infringing her copyright in the work, she can point to the notice to show that the defendant is not an “innocent infringer," which can lead to higher damages. A copyright notice also lets others know whom to contact if they would like a license to use the work.

Copyright Registration

Under current US law, you do not have to register your work to receive copyright protection. You may want to register it anyway, because copyright registration comes with certain legal benefits. If the work is registered within three months of its publication date or before a particular infringement occurs, the copyright holder can recover statutory damages (monetary awards that need not be connected to actual harm suffered by the copyright holder) and attorney’s fees if she is successful in an infringement suit. Also, registration is required before the author can bring a lawsuit about the use of her work. However, despite these benefits, many works are never registered because registration takes time and money.

Registering a copyright is not difficult. For instructions and forms, visit the US Copyright Office website. If you have any questions regarding copyright registration, the US Copyright Office has a toll-free help line at 1-877-476-0778. You may register a work at any time while it is still in copyright.

Registration costs can vary depending on the type of work and whether or not you are the sole author. The U.S. Copyright Office's Circular 4 has the most up to date information about registration fees.

Registration by ProQuest

If you submit your dissertation to ProQuest, they will register the copyright on your behalf, for a fee. The Rackham Graduate School encourages Ph.D. candidates to discuss this option with their advisors before selecting it.

Who Holds Copyright

Under US law, the initial copyright holder is the author of the work. In most cases, copyright law treats the creator(s) of the work as the author(s). Copyright is automatic; it applies to the work as soon as it is fixed (or recorded) in some way.

If multiple people created the work, only those who have contributed copyrightable elements are considered authors for the purpose of copyright law. Coming up with the idea for the work alone is not enough to be an author. See Joint Works for more if you’d like to learn more about how having multiple authors affects how we think about copyright of the work.

If someone creates a work as an employee (or in certain cases, as a contractor), that person’s employer is considered the author of the work. See Works Made for Hire for more information on when a work is considered a work made for hire.

Who Holds Copyright in University of Michigan Dissertations

A University of Michigan dissertation author is the initial copyright holder for her dissertation. As the copyright holder, she has certain rights under copyright law. In the United States today, those rights can be separated and split. The author can give others permission to exercise some or all of those rights. That is called a license. If the author agrees only to give that permission to one entity at a time, the license is exclusive.

An exclusive license that lasts until the end of the copyright term is a transfer of copyright. To be valid, a copyright transfer must be in writing and must be signed by the copyright holder or the copyright holder’s agent. The recipient of a copyright transfer can then license or transfer the copyright.

In the academic context, licenses and transfers of copyright are particularly common in publishing agreements. In many cases, the author transfers all or part of the copyright in her publication to the publisher. Academic authors also use the Creative Commons licenses to increase access to their work, either in advance or as part of a publishing agreement.

Rights of Copyright Holders and Users

The author is granted rights in the work, including the right to reproduce the work, to make derivative works, and to distribute the work to the public. The author can transfer those rights to someone else and can give others permission to exercise them by means of a license. Users can also use the work without permission if their use falls within one of the user’s rights.