FAQ on intellectual property rights

1. Does SLU consider all teaching materials produced by a teacher to be the property of SLU? It is clear that this applies to film/recorded lectures, but does it also apply to Powerpoint presentations, lecture notes, exercises, course readers, study questions, etc.?

Answer: SLU does not consider the various types of teaching materials mentioned in the question to be the property of SLU. However, they are all, without exception, covered by SLU's right of use according to the rule of thumb in the Labour Court's practice (see SLU's intellectual property rights policy, SLU.ua.2016.1.1.1-3342).

2.a. If teaching materials contain unauthorised images (copied from the internet) and the materials are used by someone other than the teacher who produced them, who bears legal responsibility?

Answer: If the question refers to teacher A using images without permission, then teacher A is responsible. If another teacher (B) then uses the images again, teacher B is responsible. In both cases, it is possible that SLU, as the party with primary responsibility under labour law, would be liable to pay compensation to the copyright holder.

b. If a teacher has personal permission to use image material that is then used by others, who bears legal responsibility?

Answer: If teacher C has personal permission to use image material, but it is also used by person D who does not have permission, person D is responsible (with SLU possibly being the party with primary responsibility, as explained above).

3. The content of teaching materials changes as the frontiers of research advance. If the information shared with students has become outdated, for example regarding the side effects of veterinary medicines or the use of certain biocides in plant cultivation, but is still used by teachers other than the one who produced the material, who bears legal responsibility?

Answer: Normally, civil liability cannot arise in this situation.

4. Does SLU consider itself to have rights to a teacher's teaching materials even after the teacher has passed away?

Answer: Yes.

5. Does SLU consider that a teacher who deletes self-produced teaching materials when changing employers or retiring is committing a crime?

Answer: It is unlikely that this would constitute a crime. However, it could give rise to liability for damages. (It could also be considered a violation of the rules in the Freedom of the Press Act and the Archives Act, if there is an obligation to preserve the material.)

6. A question concerning data protection in cases where a teacher appears in a recorded film: A teacher can, of course, choose to show a film in which they themselves appear, but can someone else show the film without the teacher's approval?

Answer: If a teacher films their teaching, this constitutes personal data processing under the Data Protection Regulation. SLU is responsible for this processing, which means there must be a legal basis for the recording (not consent), and a purpose and a plan for the recording. The purpose cannot be ‘useful to have’, but should be that the film is to be used for educational purposes.

The Data Protection Regulation does not prevent the film from being used by others within SLU for the same purpose. Please note that only the teacher may be seen and heard in the film – no students may be included. The film also becomes a public document and may be requested by external parties.

As this question concerns data protection, any follow-up questions should be sent to dataskydd@slu.se.

7. How can SLU determine when a work (e.g. a recorded video) has been created during working hours, ‘within the scope of employment’, or during leisure time? We do have annual working hours, but that does not mean that we work for SLU around the clock, all year round.

Answer: Whether something was created within the scope of employment depends on an overall assessment of factors, primarily whether it was part of an employee's work duties, but also including if it was created during regular hours or using the employer's resources.