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Copyright Guidelines for Staff & Students of the University of the Witwatersrand, Johannesburg (WITS): When is Permission Required?

This LibGuide provides definitions, legislation and procedures for copyright clearance for teaching and research purposes.

When to apply for permission

If you are reproducing other people's works beyond the ambit of 'Fair Dealing' or the Exceptions in Section 13 (Regulations) of the Copyright Act, then you will need to apply for copyright permission.

 Researchers, lecturers and students need to be careful when using third party intellectual property.  Copyright infringement relates to a 'substantial portion' being copied without the rightsowner's permission.  However, quality rather than quantity generally applies, e.g. if the crux or essence of a work is captured in one page and it is copied without permission, this would be copyright infringement.  One has to use one's discretion. 

 

YOU MUST APPLY FOR COPYRIGHT CLEARANCE USING THE ONLINE COPYRIGHT FORM AVAILABLE ON THIS WEBSITE, IF YOU HAVE INCLUDED COPYRIGHT MATERIAL IN THE FOLLOWING :-

  • a course pack/study pack (e.g. a compilation of artices or extracts from books)
  • on SAKAI, Moodle, or any other e-learning platform;
  • on Short Loan reserves (whether in print or electronic);
  • in a Departmental Resources Centre (where students are able to copy from articles)

 

You are NOT permitted to distribute course material to students via email, USB flashsticks, flashdrives, CDs or DVDs.


For PERSONAL purposes (e.g. for inclusion in theses, dissertation, journal articles, books, etc.), you need to apply for copyright directly to the rightsowners/publishers.

 

PLEASE NOTE: Before copying and scanning material onto SAKAI or other e-learning platforms, please check to see whether the material is available on our e-databases on the Library website. If the articles are available on the e-databases, then you should only place the title and URL links on SAKAI or other e-learning platforms.  You do not need to apply for copyright clearance then.   If you scan the whole article onto SAKAI or other e-learning platforms, you will need to apply for copyright and may land up paying copyright fees twice!