Intellectual property and copyright

Learn about intellectual property, copyright for publications and research data, and Creative Commons for open access publishing.

Intellectual property

Intellectual property (IP) refers to creations or knowledge resulting from intellectual efforts. IP gives the owner the right to decide how others can use the creations. IP affects the way you and others can use your research outputs. 

University of Queensland IP policy

• The Intellectual Property Policy regulates the ownership and protection of the University's Intellectual Property and provides specific directions to Staff, Students and Affiliates on Intellectual Property related matters. 
• Intellectual Property information from the Graduate School for Higher Degree by Research (HDR) candidates at The University of Queensland. 
• UQ Research has information on research partnerships with external businesses and organisations and commercialisation.

Types of IP 

Some forms of IP protect your rights as soon as you create something. Other types of IP require a formal application to register ownership.

Automatic IP protection

• Copyright e.g. literary, dramatic, musical and artistic works, sound recordings, cinematograph films, television and sound broadcasts and computer programs.
• Trade secrets e.g. confidential information and methods.
• Circuit layouts e.g. layout designs or plans of integrated circuits.

Requires IP registration

• Patents e.g. inventions and new processes, where the way something works is protected.
• Trademarks e.g. logos or branding that identify the goods or services of a business or organisation.
• Designs e.g. product designs, where the appearance is protected rather than the way it works.
• Plant breeder's rights e.g. new plant varieties.
• Geographical indications e.g. food, drinks or products, where an item's quality, reputation or other characteristic is attributable to its geographical origin.

Check IP Australia for more information about the different types of IP.

Copyright and publishing

Copyright protects the rights of creators to determine how their original works may be used, including whether they can be copied, adapted or shared. In Australia, copyright is embodied in the Copyright Act 1968 (Cth).  

The Copyright and publishing your research page provides information on: 

• copyright exceptions
• publisher agreements.

Publishers may require you to transfer or license your copyright as part of the publication agreement. 

Open access policy requirements

The Open Access for UQ Research Publications Policy sets out the requirements for our researchers to make publications arising from their research openly available via the institutional repository, UQ eSpace, as soon as possible following acceptance of the publication, taking into account any embargoes imposed by the publisher.

Policies and mandates has further information on meeting the mandates of major funding bodies, such as Australian Research Council (ARC) and National Health and Medical Research Council (NHMRC).

Social networks

It is important to remember that all the normal rules of copyright still apply when sharing your publications on social networking sites, such as ResearchGate. How you can share your publication will depend on what agreement or licence you have with your publisher. 

Copyright for research data

Re-use of research data

When you publish your research datasets in UQ eSpace, you can have a standard licensing agreement applied to allow for the re-use of research data. This ensures that:

• you are able to make your data available to others under clear, fair and effective terms and conditions
• users accessing your data via UQ eSpace must agree to acknowledge the re-use of your data and restrict its use to non-commercial purposes.

You can choose to apply a Creative Commons (CC) licence but the licences will only apply to the extent that the dataset is protected by copyright law. 

Learn out more about:

• making your research data available for re-use
• adding your datasets to UQ eSpace
• finding research data for re-use.

Licences and Creative Commons

As the copyright owner, you can choose to attach a licence to your work to allow others to use it, while protecting your rights.

What is a licence?

A licence provides “permission to use intellectual property in a way that would otherwise be a breach of the owner’s statutory rights” (Encyclopaedic Australian Legal Dictionary). Typically, a licence covers:

• exclusivity — an exclusive licence means only the licensee is allowed to use the work
• duration — how long the material can be used
• purpose — what kinds of things can be done with the item (i.e. is the use for personal or commercial reasons)
• restricted uses — outlines restrictions on the use of the item (e.g. using an image with a model in such a way as would bring them into disrepute)
• attribution requirements — the way in which the creator is credited.

Creative Commons

A public copyright licence, or public licence, is open to the public at large and is non-exclusive (i.e. it is available to more than one person at a time).

Creative Commons (CC) has popularised the use of public copyright licences. Their licences are built by using a combination of four main conditions.

As the copyright owner, you can select the type of licence that best suits your needs. Use License Chooser to select an appropriate licence.

What content is covered?

A CC licence covers any content that you are the copyright owner of including original written, photographic and artistic content that you have created and which you control the rights to.  If you have previously had the content published elsewhere, or entered into any type of assignment or licensing agreement, it is likely you do not control the relevant rights.

Open access

Open access relies on the consent of copyright holders to share their work. However, making material open access will not deprive copyright holders of any rights.  Creative Commons licences explains the benefits and how to assign a CC licence.