In some cases, the PhD candidate is requested to transfer copyright to the commissioner of a PhD research project or to a publisher in the case of scientific publications. For advice regarding such contractual agreements, contact the legal department of the Science Group where the research is conducted.

Who owns copyright on a MSc/BSc thesis?

The student owns copyright to their MSc/BSc thesis. The student who creates their MSc/BSc thesis (i.e., who writes the thesis and in that process makes the creative choices leading to the final wording of the thesis) owns the copyright on the work. This also applies to other student work products (essays, papers, reports, etc.). See the Student Charter, Students and Copyright for more information.

In some cases, a thesis is fully or partially created in the course of a commissioned study assignment or in the course of an internship. In that case, the student may agree upon an alternative ownership. If no agreement is made, the student owns the copyright on the thesis. For advice regarding such contractual arrangements, the student may contact the legal department of the science group where they study.

Who owns copyright on MOOCs, video recordings of lectures, presentations or ceremonies?

WUR owns copyright on MOOCs and video recordings of lectures, presentations or ceremonies. In accordance with Article 45d of the Dutch Copyright Act, the producer of a video recording is assumed to be exclusively entitled to reproduce and distribute the recording. Recordings of MOOCs, lectures, presentations or ceremonies are usually created by WUR and its employees. The name of WUR is also usually attached to the recordings. Accordingly, copyright pertaining to video recordings generated by WUR and its employees is vested in WUR.

This producer’s right should be distinguished from the entitlement to the content of the MOOC, lecture or presentation (i.e., the educational materials). The content should be seen as a separate work that is subject to copyright protection.

If someone else (e.g., a student) records a MOOC, lecture or presentation without WUR commissioning the action, this could be seen as infringing on WUR’s copyright (i.e., the recording’s subject matter) and also as infringing on the privacy of the individual who is giving the presentation. This is also reflected in the Personal Data Regulation of WUR. WUR is entitled to take appropriate measures against unauthorised reproduction of these recordings or against making the recordings publicly available.

Who owns the copyright of works that are created with others?

Materials that are created by WUR are often part of a project or partially rely on materials of third parties. Four different categories of collaborative creation can be distinguished:

Works that are developed by WU and WR

When an employee of Wageningen University & Research (WUR) creates an original work as part of their job, the copyright belongs to the employer of the employee. This is either Wageningen University (WU) or Wageningen Research (WR), as WUR itself is not a separate legal entity. If a work is created jointly by employees of both WU and WR, WU and WR jointly own the copyright to the work as a whole.

Work developed by WUR in collaboration with other institutions

Where a work has been created by employees of WUR and employees of another institution or organisation, WUR and the other institution may have a joint copyright. For joint copyright, all people involved must contribute to the creative choices that are reflected in the work. For further information on the consequences of joint ownership, see question: What is joint ownership?

Use of works of third parties by WUR

Works developed by WUR may contain material from third parties. In addition to publications and other text material, material could concern, for example, music fragments, video or photo images or source code on which the copyright rests not with WUR but with third parties.

To reproduce or publish such material in a new work of WUR, for example, in a research paper, presentation, app or audio-visual work, either a statutory limitation must apply (e.g., the citation right), or permission must be granted by the owner of the copyright of the third-party material. That permission can also be obtained through a Creative Commons licence.

New work of WUR inspired by third-party materials

When developing a new work, a WUR employee may be inspired by the publicly available work of third parties. This includes the situation where a WUR employee views a recording or MOOC from another institution and chooses the same set-up for his/her own MOOC, or where the employee chooses the same style for his/her materials.

Ownership of copyright on a new, original work created by WUR employees that was inspired by the work of others is vested in WUR as the employer. The key question is whether the new work of WUR is sufficiently different from the work that served as inspiration. If the works are similar, then the copyright of the third party may be infringed, which means that the use (i.e., reproducing and making the work publicly available) is not permitted without prior permission of the third party. That permission is considered a licence.

What is joint ownership?

Sometimes, a work is created by multiple people working together. If it’s not possible to clearly separate who contributed what, then joint copyright may apply. This means that all contributors share ownership of the copyright for the entire work. It’s important to know that simply offering ideas, suggestions, facilities, or background research does not automatically make someone a joint copyright holder. You need to have actively helped create the work itself.

When joint copyright exists, it creates a kind of shared ownership. Under Dutch law, this means the work can only be used, published, or licensed if all copyright holders agree. So if WUR shares copyright with others, the material can’t be reused or shared without everyone’s permission. To avoid problems later on, it’s smart to make clear agreements in advance, for example, in a contract. That way, everyone knows how the work can be used and made accessible.

How do I transfer my copyright?

Copyright can be transferred only by a written contract or deed. Contact your legal department of your Science group for assistance on the transfer of copyright ownership. Even after transfer of copyright, the original author still holds the moral rights as well as several rights pursuant to Copyright Contract Law (e.g., to make the work available under the Taverne amendment).

Note that you are allowed to negotiate with publishers and try to retain at least a part of your copyright. You can use the model contract developed by the Dutch Universities (license to publish).