As a student you have the ability to rely on an exception in the Australian Copyright Act called ‘fair dealing’. Fair dealing means that you can use copyrighted works for your own research and study purposes without seeking permission of the copyright owner, as long as the use is considered ‘fair’.
General guidelines for ‘fair’ use are outlined below
Please note: ‘Fair Dealing’ is not the same as ‘Fair Use’. ‘Fair Use’ is an American copyright concept that allows for broader use than ‘fair dealing’.
Australian copyright law has not yet been updated to consider the implications of content created by Artificial Intelligence, such as ChatGPT or Adoble Firefly. Currently in Australia copyright is not present in works created by non-humans. However there is current debate underway about how much “independent intellectual effort” someone needs to apply when using AI tools before copyright is present.
As there is currently no copyright protection for content generated from AI tools, there are no limits (under copyright law) on the portion of these works that you can use. However, it is best practice to reference use of AI when sharing content. You should also be aware that, some AI tools have made use of content that has been uploaded without the permission of the copyright owner and this may have future legal implications.
Further information on this topic is available from the Australian Copyright Council Factsheet: Artificial Intelligence & Copyright.
If you want to use AI generated content in your assessment you should follow the “Guidelines for Referencing Large Language Models or Artificial Intelligence in Assessments” to ensure you are meeting CQUniversity’s academic integrity requirements.
There are some key issues you should also be aware of:
Copyright allowances with regards to thesis can seem to be daunting. However, this can be broken down into a few key areas.
When writing your thesis for submission and review you have a much greater level of flexibility in the use of copyrighted material created by others, than when you proceed to publication (which includes depositing a copy of your thesis in aCQUIRe, CQUniversity’s Institutional Repository). Since the creation of your thesis is considered a research or study purpose you can make use of and include any content covered by the Fair Dealing guidelines.
Below is a list of common resources that you may want to include within the published version of your thesis. They are sorted into 3 categories based on if they can be included or not
What you can do:
These can be included in your published thesis requiring only citation:
You need to be aware:
You may need to seek permission from the copyright owner for the following content:
See further advice or ask permission:
You will need to request permission from the copyright owner to include this content in published thesis:
If you need to use copyrighted content for more than reasonable portion allowances you will need to request permission from the copyright owner. You can use the permission request for this.
The table below provides recommendations for the first point of contact in seeking permission to use copyrighted material.
| Type of content | Recommended 1st Contact |
|---|---|
| Published written content (including books and journal articles) | Publisher |
| Unpublished content | Author |
| Artistic visual work (includes photographs and diagrams) | Creator |
| Commercial audio-visual content (including films, television or radio broadcasts) | Production company |
| Music (scores and notation) | Publisher |
| Published recorded music | Record company |
| Audio-visual content published via streaming platforms (YouTube, Soundcloud etc) | Original creator |
| Online images | Original creator (Not sure of the Original creator, look for the image on TinEye. |
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