Copyright

Copyright for students

Copyright means that the creator of a work has the right to decide how it may be used and distributed. For example, books, presentations, music, texts, artwork and photographs or parts of works such as tables, figures or graphs. Copyright applies regardless of whether the work is presented in printed or electronic form (for example, on the internet).

Copyright to own work

DO STUDENTS HAVE COPYRIGHT TO THEIR WORK?

As a student, you own the copyright to what you create during the education, such as student projects or degree projects, unless otherwise agreed. For example, if a teacher wants to use the material in continuous teaching or publish it on the internet, the student’s consent is required. The consent should be in writing, signed and dated.

WHAT IF SEVERAL STUDENTS COLLABORATED?

If several students have collaborated to do a joint student project or degree project, and it is not possible to distinguish the individual contributions as independent works, the students have joint copyright. If a teacher wants to use material, the same consent ratio applies as for an individual student.

WHAT ABOUT COLLECTED MATERIAL?

Data collected by the student for student projects or degree projects is, as a rule, not subject to copyright. During an ongoing degree project, all collected data must be available for review by the supervisor and examiner, but there is no general obligation for the student to submit his/her own collected data to the university after completing the degree project.

WHAT APPLIES TO SUPERVISORS OF DEGREE PROJECTS?

The student has copyright to his/her degree project and the supervisor’s participation does not automatically lead to so-called joint copyright for the degree project. Joint copyright can only be relevant if the supervisor has been a co-author, which usually does not apply to degree projects at bachelor’s, master’s or master’s level. However, information about the supervisor must be stated when publishing the degree project.

In cases where the results from that degree project are used for publication in another context, the latter publication should either refer to the degree project or the student and supervisor should be included as co-authors.

Copyright for other work

DO STUDENTS HAVE THE RIGHT TO QUOTE FROM OTHER PEOPLE’S COPYRIGHT WORKS IN THEIR DEGREE PROJECT?

Students have the right to quote from other people’s works provided that it is clear where the citation comes from.

DO STUDENTS HAVE THE RIGHT TO USE OTHER PEOPLE’S PICTURES OR DIAGRAMS IN THEIR DEGREE PROJECT?

Students are only entitled to use other people’s images or diagrams if they have permission from the copyright holder, if the image is marked with a Creative Commons license or if the term of protection of the image has expired.

Students are advised to always assume that they need to get the copyright holder’s permission for use in the degree project. If it is unclear what applies to an image’s copyright, the student can choose not to publish the image in the electronic version of the degree project in DIVA.

The student is responsible, as the author of the degree project, for ensuring that the degree project complies with the rules regarding copyright and copyright.

Agreements with companies

WHAT APPLIES IN COLLABORATIONS WITH COMPANIES?

Sometimes student projects or degree projects can be carried out at or in collaboration with a company or other organization.

When collaborating with companies, students may handle information that the company wants to keep confidential in order to protect the company’s operations. It also happens that student projects or degree projects can give patentable inventions that must be confidential until the application for a patent has been made. Sometimes it also happens that parts of a student project or degree project are based on information that, from the client’s point of view, should not be public and easily accessible. If there is a risk that sensitive information may be included in a student project or degree project, the consequences and handling of this must be discussed at an early stage.

Companies that participate in collaboration in some cases ask the student to sign a confidentiality agreement (confidentiality or non-disclosure agreement) in which the student undertakes not to disclose or disseminate the company’s information or results to third parties without the company’s consent.

It may also happen that the company in connection with the student project wants to sign an agreement with the student to transfer rights to any patentable results (patent remuneration) that arise during the student project or degree project to the company.

It should be noted that the basic rule that the student owns the copyright to what he or she creates during the education, such as a student project or degree project, only applies if the student does not enter into an agreement where he transfers his rights to a company. However, certain things cannot be agreed away between the student and the company, such as access to the degree project as a public document when this has been submitted and examined.

WHAT DOES AN AGREEMENT BETWEEN STUDENT AND COMPANY MEAN?

If companies participating in collaboration with a student project or degree project want the student to sign a confidentiality agreement or an agreement on rights to any patentable results, this should be carefully thought through by the student.

Any agreements are only signed between the student and the company and do not involve the university directly. Examiners and supervisors employed at BTH cannot sign any confidentiality agreements as this may hinder them in their professional practice.

The student must pay attention to whether the terms of proposed agreements entail giving up their right to their results, including the right to disclose the results to the public. This can prevent the approval of the work that the examiner is to approve because it must be available public material and can make it impossible to be assessed on a degree project.

Sometimes there is a letter in the agreements that equates the student with being employed in terms of any patentable results created during student projects or degree projects. In these cases, the student is usually entitled to a reasonable remuneration for patentable results, but at the same time transfers the patent rights to the company.

SHOULD STUDENTS SIGN AGREEMENTS WITH COMPANIES?

Whether the student should sign a confidentiality agreement or an agreement where the right to patentable results is transferred or not, is something the student must decide for himself.

If the student does not sign an agreement, the company may not want to collaborate on student projects or degree projects and give the student access to company information.

If the student signs an agreement where he or she is equated with an employee, the student is usually entitled to a reasonable compensation for the results. However, this remuneration is normally lower than if the student can be regarded as a free author and the agreement also means that the student transfers future patent rights to the company.

If the student signs an agreement in which he or she undertakes not to disclose or publish certain company information that is necessary for a degree project to be examined or prevents a degree project from being published, this may mean that it cannot be assessed or approved.

WHAT APPLIES TO THE EXAMINATION OF A DEGREE PROJECT?

When the student’s degree project has been submitted for examination, it becomes a public document and is covered by the principle of public access to official records. The same applies to all other submissions such as idea sketches and project plans submitted for assessment or feedback as well as all communication with supervisors and examiners. The final presentation of the results of the degree project, including defence and opposition, should be public, which means that sensitive information should be avoided.

This means, for example, that if there are patentable results within the framework of the degree project, it is necessary to submit a patent application before a public presentation and examination.

WHAT APPLIES TO PUBLISHING AND ARCHIVING OF DEGREE PROJECTS?

As the author, the student decides on the publication of the degree project and all publication must be approved by the student. However, archiving of the degree project is a requirement.

When the student submits his/her degree project for examination, it will be archived in the form that the degree project had when it was submitted and published. BTH uses DiVA as a publishing database and storage platform.

When publishing the degree project, the student as author grants a non-exclusive license to BTH to publish the work through DiVA and the degree project then becomes available and searchable. The student can change their mind at any time and revoke the license if they do not want the degree project to be published. However, the archived copy remains a public document regardless of whether the student grants a license or not.

Confidentiality

WHAT ACCESS DO OTHERS HAVE TO THE DEGREE PROJECT?

Degree projects are public documents at BTH when they are completed or submitted to the university. The same applies to all other submissions such as idea sketches and project plans submitted for assessment or feedback as well as all communication with supervisors and examiners. Therefore, they may be disclosed if someone explicitly requests to see them.

If a degree project contains information from companies or organisations, such information can only be regarded as confidential if this is supported by the Public Access to Information and Secrecy Act (SFS 2009:400). However, the material that forms the basis for examination must always be public.

CAN THE DEGREE PROJECT BE CONFIDENTIAL?

Degree projects can only be classified as confidential if the conditions according to the Public Access to Information and Secrecy Act (SFS 2009:400) are met.

For the sake of the students, BTH advises against requesting that the degree project be kept confidential as this may, for example, prevent the student himself from sending it in connection with job applications.

If you still wish to keep the degree project confidential, this must be requested in writing stating why the degree project should be kept confidential and for how long. However, the confidentiality must not be more extensive than that an assessment and examination of the degree project can be made.

Form: Request for confidentiality

Sometimes the company where the degree project is done may request that the assignment can only be carried out on the condition that the degree project can be confidential. If confidentiality of the student’s written report is required for the implementation of the degree project, the company should inform the student and the supervisor about this well in advance before the degree project begins. An assessment must be made as to whether the requirement of confidentiality is compatible with the requirement of publicity needed for assessment and examination.

Confidentiality requirements can be avoided in most cases. Many times, it may be sufficient to provide such aggregated information in the degree project that the information can no longer be considered sensitive. Another option is to put sensitive information in attachments that are then removed from the copy of the report that is published. However, all information required to be able to assess that the report meets the requirements for approval must be available to the examiner and supervisor of the degree project.