Using others works in publications

You can include third-party content in your own publications if:

• The third-party content is in the public domain because the copyright duration has expired
• The creator dedicated the work to the public domain using a CC0 dedication
• The work is licensed under Creative Commons or other Open Access licence
• The work is from a website where terms and conditions explicitly permit reuse (make sure your intended use is covered), for example pexels terms of service
• Your use is fair dealing for criticism or review, or for parody or satire
• You have obtained written permission from the copyright owner.

When you submit an article for publication, the publisher will usually require you to sign a declaration that you have obtained permission to include any third party content and may require copies of permission documents.

Quotes and text extracts

Insubstantial portions of text such as quotes may be included in your research outputs without permission from the copyright owner.

What is insubstantial?

For copyright purposes a part of a work might be considered insubstantial if it is not a distinctive or key part of the work. The quality or essence of the part is more important than the quantity or proportion of the whole work.

Short unoriginal phrases such as slogans might not be copyrighted, however you may need permission to include a line from a well-known song lyric. If there is any doubt, publishers are generally cautious and will require you to obtain permission.

See the Copyright Council fact sheet on Quotes and Extracts for more information.

Critical review

All or part of a work can be reproduced for criticism or review. The criticism or review must include a genuine judgement or critical analysis of the copied work and the author or creator must be acknowledged. Only copy as much as needed.

Permission is not required, but inform the editor if you intend to rely on the fair dealing exception for criticism and review when submitting work for publication.

Orphan works

Orphan works are copyright works whose owners cannot be identified or located to obtain permission. Use of orphan work is copyright infringement, however, the orphan works scheme reduces the risk for users by limiting remedies available to copyright owners provided certain conditions are met.

Users must conduct a reasonably diligent search for the copyright owner and keep records of the search. The search must be undertaken at a reasonable time before the intended use. A notice stating the work is used under the Orphan Works Scheme must be published with the copy.

Example notice: Photographer unknown, [name or description of image]. Material copied under the Copyright Act 1968, Division 2AAA. Image courtesy of [name of collection/library or archive if applicable].

Note that some publishers may not accept manuscripts containing orphan works or may require a risk assessment.

For more details on using orphan works see ALACC Orphan Works Scheme FAQ