The ownership of my thesis materials on PostgraduateForum.com

Human · 17/10/2012 18:31:25

Dear all Can I ask who own the ownership of phd thesis? the student, supervisor or the funding body? I have just submitted my thesis, and now awaiting for my viva. For some reason, my supervisor keep pushing me to send all the data files that I used for my thesis- He insisted that I have to send to him BEFORE the viva. I feel rather suspicious about this, it seems like he wants to publish my data all by himself when I finish the PhD. Can he actually do that? Me and supervisor had previous "history", he treated me badly (i.e. super controlled with every aspects of my thesis, attempted to cut my funding when I voiced my opinion on research, being rude to me and etc). I reported these issues to the head of department, and he received warning from the department about his attitude. Anyway, I was not allowed to change supervisor (I was already in my 3rd year when I reported this), so I am still stuck to him now. It's not that I refused to send the data to him, but I plan to do it after my viva only (when I have more time to make the data ready and presentable). When he insisted to send him everything now, I feel rather suspicious about it. Once he told me he own everything of my research (because he got the funding for my phd, and that the topic of my Phd was originally his idea, i.e. he insisted to be the first author when I publish materials for my thesis). I have a feeling he intends to publish the materials of my thesis as his own research once I complete my PhD. Can he actually do that? Although it's true that my phd was based on funding/research proposal that he secured, but I have been doing experiments, analysis all by myself. I always thought I can't publish the material of my thesis as the sole author, neither could my supervisor. Is there any guidelines for this?

The ownership of my thesis materials

human
12 years ago

Dear all

Can I ask who own the ownership of phd thesis? the student, supervisor or the funding body?

I have just submitted my thesis, and now awaiting for my viva. For some reason, my supervisor keep pushing me to send all the data files that I used for my thesis- He insisted that I have to send to him BEFORE the viva.

I feel rather suspicious about this, it seems like he wants to publish my data all by himself when I finish the PhD. Can he actually do that?

Me and supervisor had previous "history", he treated me badly (i.e. super controlled with every aspects of my thesis, attempted to cut my funding when I voiced my opinion on research, being rude to me and etc). I reported these issues to the head of department, and he received warning from the department about his attitude. Anyway, I was not allowed to change supervisor (I was already in my 3rd year when I reported this), so I am still stuck to him now.

It's not that I refused to send the data to him, but I plan to do it after my viva only (when I have more time to make the data ready and presentable). When he insisted to send him everything now, I feel rather suspicious about it. Once he told me he own everything of my research (because he got the funding for my phd, and that the topic of my Phd was originally his idea, i.e. he insisted to be the first author when I publish materials for my thesis).

I have a feeling he intends to publish the materials of my thesis as his own research once I complete my PhD.

Can he actually do that? Although it's true that my phd was based on funding/research proposal that he secured, but I have been doing experiments, analysis all by myself.

I always thought I can't publish the material of my thesis as the sole author, neither could my supervisor.

Is there any guidelines for this?

Mackem_Beefy
12 years ago

The below is from the University regulations from my my PhD University:

11.2 The copyright of the submission rests with the student.

11.3 As a condition of enrolment, the student agrees that the University shall own any Intellectual Property (IP) that may result from his/her research activity and in return the student is eligible for a share of the revenue generated under the same procedures as members of academic staff [13] (subject to regulation 11.2 above). The student will also be required to sign all documents specified by the University [14] for the purposes of seeking intellectual property protection and exploitation. If a student considers that he/she has been the sole creator of the intellectual property and that the University has not made a critical contribution to the creation of IP, then he/she can apply to be released from the IP Ownership Agreement. The application to release is subject to legal advice and must be approved by the University. If agreement at University Pro Vice Chancellor level is not reached an external arbitrator will address disputes.

In the case where a student is funded wholly or partly by a third party external to the University, the supervisor(s) and the student should clarify intellectual property ownership issues with the third party at the outset of the research project. In such circumstances, the University will consider requests to assign, share or license IP ownership with that party. This is particularly relevant when contracts for a research

project (on which the research degree student?s research degree programme is based) contain considerations of this kind. It is important, therefore, that the University Secretary?s Office is consulted at the earliest possible stage of discussion with the third party regarding the IP implications of any contract. The physical copies of the thesis submitted for viva voce (oral) examination (including electronic copies) will become the property of the University, whilst other artefacts for assessment will remain the personal property of the candidate along with the thesis
copyright.

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[13] To disclose any innovation to the University on the Innovation Disclosure Form. The University commits to sharing income generated by the exploitation of IPR with the individuals contributing to the development of that IP. Each income sharing-agreement will be negotiated on its own merits.

[14] A business plan including innovation disclosure form and an income-sharing agreement.

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You should find your own University's regulations should be not too far removed from this, though may vary.

To summarise, you own the thesis and the University normally owns the the intellectual property rights to the data. If it is the same for you, then the request should come from the University, however, the supervisor can be seen as the University's representative.

Is there a commercial third party that might alternatively own the intellectual property rights?

Ian (Mackem_Beefy)

Ian (Mackem_Beefy)