Copyright regulations
These copyright regulations are based on recognised principles of academic freedom, freedom of expression and research ethics, as well as rules and principles – including non-statutory principles – relating to employee copyright.
Copyright regulations for BI Norwegian Business School
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These copyright regulations (the Regulations) are based on recognised principles of academic freedom, freedom of expression and research ethics, as well as rules and principles – including non-statutory principles – relating to employee copyright. The Regulations were adopted by the Board of Trustees on 6 June 2024.
The Regulations replace the previous regulations adopted by the Board of Trustees on 3 September 2015, as revised by the President on 4 December 2018 in response to the new Copyright Act – Act of 15 June 2018 No. 40 relating to Copyright in Literary, Scientific and Artistic Works, etc. (the Copyright Act).
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Employees and students hold the rights to their own works unless otherwise provided by statutory/non-statutory law, by agreement or by these Regulations.
The object of these Regulations is to clarify the circumstances under which BI Norwegian Business School (BI) attains the right to use works created by employees, students or others performing work for or at BI, as well as the scope of such right.
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Teaching materials, books, research articles and other materials created at BI may constitute works of authorship protected by copyright. Copyright is regulated by the Copyright Act.
Copyright may only accrue to natural persons, and copyright protection arises automatically (without registration) upon creation of a work of authorship.
Consequently, the copyright needs to have been wholly or partly assigned to BI in order for BI to have the right to use copyright-protected works created by employees, students or others. Established case law dictates that copyright to works created in the course of employment does not pass to the employer except as necessary for the employment to serve its purpose (the Knoph Maxim). Rights that are necessary for the employment to serve its purpose are deemed to be assigned to the employer by virtue of the employment contract.
In addition to the Copyright Act, the Universities and University Colleges Act also contains provisions on academic employees’ control over their own works; cf. section 2-2 of the Universities and University Colleges Act on academic freedom and responsibility (section 1-5 of the 2005 Act).
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The Regulations apply to all BI employees, including temporary employees, part-time employees, research fellows and students. Guest researchers, guest lecturers, hourly lecturers and other contractors are encompassed when they carry out work or engagements for BI.
Students who are employed by BI, for example as research assistants, are treated the same as other employees with respect to works resulting from duties performed in the course of their employment, but are otherwise treated as students.
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5.1. General principles
Copyright is comprised of both:
- economic rights, and more particularly the exclusive right of the copyright holder to make copies of a work and to make such work available to the public pursuant to section 3 of the Copyright Act; and
- moral rights, and more particularly the right of the copyright holder to be named as author and to be protected against offensive use pursuant to section 5 of the Copyright Act.
In addition to regulating copyright, chapter 2 of the Copyright Act includes provisions on so-called related rights. These are rights to certain types of contributions and works that are not works of authorship, but that are nevertheless protected under the Act because they resemble works of authorship, e.g. photographic images and databases (sections 23 and 24). This chapter of the Act also confers rights on those who invest in works of authorship or related contributions and works, such as producers (section 20).
Section 20 of the Copyright Act grants BI producer rights to recordings made, facilitated by or financed by BI. These producer rights do not affect the rights to the works of authorship incorporated into such recordings. Hence, such recordings may only be used with the consent of both the copyright holder and BI (as producer). Such consent to use may be given expressly in the existing agreement between the parties, or may be implied thereby.
Unless otherwise agreed in writing in each case, BI only acquires such rights to a work of authorship as are necessary and reasonably required for the relevant employment or engagement to serve its purpose. A limited right of use (licence) will often be sufficient for such purpose to be served. The employee (copyright holder) always retains his/her moral rights under section 5 of the Copyright Act.
Section 69 of the Copyright Act entitles an employee to reasonable consideration when rights to a work of authorship are assigned to BI. Such consideration will usually be deemed to be embedded in the employee’s ordinary salary. If the employee creates works that extend beyond the natural scope of the employment, and if BI is granted rights to such works, it may be appropriate to provide separate compensation for said works.
BI has a duty and right to ensure the universal design of works in compliance with the Equality and Anti-Discrimination Act and the Copyright Act. When necessary, BI may therefore produce or use copies of works in available formats to facilitate use by persons with disabilities who are unable to use those works in the ordinary manner; cf. sections 55 to 56a and the regulations issued pursuant to chapter 2 of the Copyright Act. When copies of teaching materials are produced or used for such purposes, this shall be registered in the teaching record of the relevant employee.
If works are created as part of an externally funded project in which an employee performs work in return for consideration from an external client, that client will have a right of use unless otherwise agreed.
5.2. Teaching materials
As a general rule, employees are free to decide how their own teaching materials may be used (for example whether to permit copying, archiving, recording, amendment or publication). In this context, teaching materials are deemed to include all kinds of materials created specifically for use in teaching or in examinations.
Such right to use an employee’s teaching materials as is necessary for the employment to serve its purpose and/or as is specifically agreed by the parties is nonetheless assigned to BI. The employee's teaching deliverables, as delivered as for example live teaching in an auditorium or in the form of digital teaching materials, shall be registered in the teaching record of the employee. Each further publication of digital materials shall be registered.
BI shall always have a right to use materials that meet one or more of the criteria below (without having to obtain consent):
- BI has entered into a specific agreement with an employee under which the employee has agreed to develop the materials.
- BI has entered into a specific agreement with a non-employee third party regarding a commissioned work for use in teaching.
- BI has entered into a specific agreement to contribute specific resources, such as financial, technical or other assistance, or regarding reduced teaching obligations, to facilitate development of the materials.
BI may pursuant to agreement require teaching to be streamed. Unless expressly agreed, any such agreed right to stream does not include the recording of such stream or the sharing of such recording. Streaming of teaching also involves the processing of personal data, and is therefore required to serve a specific purpose and have a lawful basis for processing; cf. the Personal Data Act. Recordings of teaching may only be used for the original, documented purpose and as agreed with the employee.
5.3. Academic works
As a general rule, employees are free to decide how their academic works (such as monographs, textbooks, articles and doctoral theses) may be used.
In special, justified instances, BI may be granted a non-exclusive, limited right to use such works. This applies, in particular, if BI invests substantial resources into the development of said works. If BI is to have such a right to use an academic work, this shall be agreed in advance (i.e. prior to creation).
5.4. Administrative works
Administrative works are materials created for administrative purposes, such as reports, consultation comments, curriculum lists and teaching plans.
As a general rule, BI acquires all rights (ownership) to administrative works. If the nature of a work is such that it constitutes a work of authorship, BI acquires such rights as are necessary and reasonably required for the relevant employment or engagement to serve its purpose.
5.5. Software
Pursuant to section 71 of the Copyright Act, BI automatically acquires copyright to software developed by employees while performing duties falling within the scope of their employment, or on BI’s instructions. This also includes a right for BI to make alterations to the software and to assign BI’s right to third parties. However, BI’s acquisition of rights shall not prevent the employee from retaining own rights to use the software.
5.6. Databases
Section 24, fourth paragraph, cf. section 2, of the Copyright Act stipulates that a database may be protected as a work of authorship if either the selection of data or the structure and composition of the database originates from an individual creative effort. If such is the case, it is the combination that enjoys copyright protection, not the individual data. Copyright to such databases accrues to the database creator(s). BI will nonetheless acquire such rights to the database as are necessary for the employment to serve its purpose.
When the gathering, checking or presentation of the contents of a database represents a material investment, the database also enjoys protection under section 24, first paragraph, of the Copyright Act (termed database protection). Pursuant to the Act, this database right accrues to whoever has made the investment. When an employee or contractor creates a database in the course of paid work for BI, BI is deemed to have made the investment, and thus acquires the database right. BI has an exclusive right to exercise control over all or material parts of the contents of such databases by producing extracts from or reusing the database (in the form of copying, archiving, amendment or publication).
BI’s exercise of its rights in or to databases shall not conflict with the principle of academic freedom, or prevent databases or their contents from being made accessible by the public or otherwise being made available, for research purposes, to employees or contractors who have contributed to the gathering of the data in the database.
Databases (datasets) that are not works of authorship and that do not represent a material investment are not protected under the Copyright Act. Employees who have created such datasets are generally free to exercise control over them.
Irrespective of the above provisions, BI shall always have a right to use databases and datasets of any kind where:
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BI has entered into an agreement with an employee to create the database/dataset.
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BI has entered into an agreement with a third party regarding a commissioned work.
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A right of use for BI has been expressly agreed.
Research data shall be kept as open as possible, and as restricted as necessary. Transparency needs to be balanced against other considerations such as data protection, security and the need to protect intellectual property rights.
5.7. Student works
Works created by students in the course of their studies or during their residence at BI may constitute a work of authorship if the conditions in section 2 of the Copyright Act are met. In such cases, the student holds copyright to the works. If BI wants a right to use such works, this will need to be agreed with the student.
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In its capacity as employer or client, BI may exercise powers to issue instructions and make organisational decisions affecting its employees and contractors, including with respect to the organisation of teaching and research.
In exercising such powers, BI shall respect the rights, academic integrity and privacy of each employee and contractor.
Unless otherwise agreed in each case, BI’s employees and contractors may not exercise their rights to works created for or at BI in ways that compete with BI’s activities or that are otherwise in conflict with BI’s interests. This also applies to the performance of secondary occupations.