In the university context, special rules apply to the rights of use of works, which can affect whether they can be published as OER. These rules are based, for example, on whether the work was created in the context of an employment or service relationship. Employers generally have rights of use for works created in the context of such relationships.
Specific regulations apply to different groups at the university:
Scientific staff:
The university normally has rights of use and publication to the works of its employees, especially if they are part of the core work area, i.e. I created them to fulfil my employment or service contract obligations and they were created on the instructions of my superior. This does not apply to independent work such as dissertations.
University lecturers:
As a rule, university lecturers (full and honorary professors, university lecturers, teaching assistants) themselves own the rights to their works and the university does not automatically receive any rights of use, unless specific agreements have been made. Something different may also apply if third-party funding is involved.
Students:
Students generally have sole rights to use their works, unless they are employed as student assistants and create works as part of this activity, in which case the above provisions for academic staff apply.
Special regulations for third-party funding:
For works created as part of third-party funded projects or as contract research, the funding conditions or contractual agreements may contain specific requirements for publication and usage rights. This may also have an impact on the above-mentioned university teaching privilege.
Whether the employer is granted a right of use must always be assessed on a case-by-case basis.
Please clarify with the relevant persons and bodies that there is nothing standing in the way of publication as OER.
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