1.2. CBS (CBS is used as the term for the whole university. Who can make the decisions on behalf of CBS varies, according to the rule described in the university act, CBS bylaws and delegation letters, and will not be further elaborated here.) wishes to provide teaching activities which meet the students’ and society’s need for good, contemporary and flexible education. The purpose of the guidelines is to clarify existing copyrights applying to teaching activities and teaching material etc. developed by CBS’ employees.
1.3 The guidelines do not deprive the employees of their statutory and customary copyright to their work, but clarify CBS’ right to use teaching materials and record teaching activities etc. and make use hereof.
1.4 The motivation behind the guidelines is a wish to continuously use recordings of teaching activities, online courses, etc. in the development of CBS’ programmes and make use of all kinds of supply modes to replace a lot of one-way communication with greater opportunities for dialogue between lecturer and students. The aim is therefore not to reduce the number of lecturers but solely to obtain a better and more modern use of the total amount of teaching resources.
1.5 The recording of teaching activities and use of teaching material are natural elements of the daily teaching activities in a number of courses, and it usually goes unnoticed. Since much time and many resources are invested in this, it is deemed proper to describe how you should proceed in the rare case that disagreements occur, e.g. when an employment terminates, so we can ensure that the work efforts of colleagues and CBS’ investments will continue to benefit the students.
2 Scope of application
2.1 The guidelines apply to all members of academic staff employed at CBS. The employees are represented by the CBS Association of Faculty Staff and the Professors’ Association (These guidelines do also apply for work done for CBS by part-time teachers (DVIP). When special cases occur, the dean of education can make exemptions. Students rights are not covered by these guidelines.).
3 Recording of teaching activities etc.
3.1 Recording of teaching activities is normal. It can be used for a number of different purposes e.g. repetition, e-learning courses, etc. CBS is therefore entitled to record any form of teaching activity, lecture, presentation, etc. (hereinafter referred to as “Teaching activity”) taking place in rooms used by CBS. The recording can be carried out in any way deemed appropriate (sound, film, livestream, etc.) and by integrating other materials, e.g. slides, in the recording (hereinafter referred to as “Recordings”).
3.2 When video is recorded, one or more cameras are usually set up in the relevant room. They will primarily focus on the lecturer/speaker/ presenter (hereafter referred to as “The lecturer”) and the teaching materials (as defined below) which he or she applies during the teaching activity. The recordings can be stored on any medium and in any format.
3.3 As a lecturer, it is only reasonable that you know in advance whether the teaching activity will be recorded, and that the recorded teaching activity will not be taken out of context. CBS must inform about the teaching activity being recorded well ahead of time in order for the lecturer to adapt to the circumstances, for instance adjust the content or form or to explore his or her possibilities in terms of giving the lecture (The individual lecturer cannot oppose the teaching activity being recorded, but CBS will as until now strive to ensure that the tasks which the lecturer is to perform are organised according to what the lecturer does best and feels most comfortable with.). Information on scheduled recordings should be presented in such a way that the lecturer knows which teaching activity (activities) will be recorded.
3.4 The recordings belong to CBS and must not be used by others without CBS’ written con-sent unless otherwise stated in these guidelines, cf. ss. 4.8 and 5.8. If an agreement is signed giving others permission to use the recordings, the terms and conditions hereof must be specified.
4 Use of recordings
4.1 CBS is entitled to use the recordings to the extent necessary for CBS’ core activities. This could for instance include employees using the recordings in connection with preparation and performance of a teaching activity or the recordings being available for students at CBS. It may take place in CBS’ rooms or on CBS’ websites, intranet, learning management system (LMS) or the like.
4.2 CBS is allowed to edit the recordings by cutting between different cameras, by adding teaching material (as defined below) and by using extracts of the material as long as it is still meaningful. Beyond this, CBS is not entitled to edit the recordings without the lecturer’s consent.
4.3 The lecturer’s name, title and place of work in addition to the date of the recording must always be stated in all copies of the recordings and when the recordings are made available as stated in s. 4.1. The lecturer must be credited as long as he or she has contributed to the material. The lecturer can ask not to be credited if he or she wishes to.
4.4 The lecturer will have access to the recordings before it is used any further. If unintentional, unfortunate performance appears in some recordings, the lecturer can contact the dean of education and ask to have these removed.
4.5 If the content of a recording turns out to be academically outdated or false, the lecturer can contact the dean of education to draw attention to this and ask for the recording to be removed or adjusted for this reason. In case of disagreement or doubt regarding the extent to which the material is academically outdated or false, the employee representative and programme director can be included in the discussion (This is a description of the lecturer’s right to get material removed. Normally the course coordinator will make sure that material that is out of date will be removed).
4.6 CBS’ rights in pursuance of ss. 4.1 and 4.2 shall still apply regardless of whether the employment between CBS and the lecturer subsequently is terminated.
4.7 When 5 years have passed since the recording was made, the lecturer can make a request to the dean of education demanding CBS to cease using the recording and delete it no later than 3 months after the end of the academic year (1 September – 31 August) in which the request was submitted.
4.8 In pursuance of s. 4, CBS is not entitled to assign its rights to a third party or in any other way make the recording available for a third party without the lecturer’s consent. An agreement to use the recording outside CBS can be made between the lecturer and the dean of education, and the lecturer will be eligible for compensation.
5 Use of teaching material
5.1 The term teaching material includes any form of material developed by CBS’ employees cf. s. 2.1 (hereinafter referred to as “the creator”) and used in connection with teaching activities at CBS. It could be texts, pictures, graphics, PowerPoint presentations, slides, diagrams, assignments, grading instructions, e-learning, quizzes, film and audio recordings, etc. (hereinafter referred to as “teaching activities”).
5.2 CBS is entitled to use teaching material to the extent necessary for CBS’ core activities. It can for instance be used by other CBS employees in connection with preparation, be produced in multiple copies or be made available for the students. It can be applied in any format and setting both in rooms used by CBS or on websites, intranet, learning management systems and the like for students.
5.3 CBS is entitled to demand that the creator of the teaching material sends or uploads a digital copy to CBS.
5.4 CBS is not entitled to edit the teaching materials without the creator’s consent. This does not prevent the use of extracts of the material as long as the meaning is preserved.
5.5 The creator’s name, title and place of work in addition to the date of creation must always be stated in all copies of the teaching material made available.
5.6 CBS’ rights in pursuance of s. 5 remain in force regardless of whether the employment be-tween CBS and the creator subsequently should terminate.
5.7 In pursuance of s. 5, CBS is not entitled to assign its rights to a third party or in any other way make it available for a third party without the creator’s consent. An agreement on using the teaching material outside CBS’ ordinary activities can be made between the lecturer and the dean of education, and any potential income shall normally be divided between CBS and the lecturer.
5.8 Teaching material produced at CBS can only be used in another context after agreement between CBS and the creator. In principle, the material cannot be used by a competing company or organisation. The creator can use simple teaching material (e.g. PowerPoints, notes, smaller assignments etc.) developed by the creator alone outside CBS without further agreement. Please also refer to the guidelines for external employment in force at any time.
5.9 These guidelines do not affect the existing practice according to which the lecturer can publish textbooks. It is the creator’s/lecturer’s own responsibility to sign relevant publishing agreements and agreements on sale, etc. observing the obligations as an employee at CBS.
Teaching material developed in employment outside CBS is not covered by these guidelines provided that CBS’ guidelines for external employment are observed.
6 Other provisions
6.1 The lecturer/creator shall not receive distinct remuneration or reimbursement for use of material pursuant to these guidelines.
6.2 The lecturer and/or creator of the teaching material must preferably avoid or alternatively draw attention to potential violations of third party rights.
6.3 The establishment of the guidelines follows a discussion between CBS and the employee representatives for academic staff.
6.4 The guidelines should continuously be adjusted according to developments, and they must therefore generally be reviewed every second year in the autumn semester. The discussions will take place between CBS and employee representatives for academic staff.
10 March 2018