Importance of Copyright and Intellectual Property in the Academic Context

1. Introduction

Understanding the role of copyright in open education and science is essential for all stakeholders who create, use, and share knowledge in the digital age, as it ensures respect for both their own and others’ intellectual contributions.

Figure 1: generated by AI tool GEMINI

Intellectual creations that are eligible for protection by a form of intellectual property right are produced at higher education institutions through scientific research activities within specific research projects, collaborations, consultancy services, and other related activities. Within the legal system, these creations are protected in different ways and with different legal effects.

Intellectual property rights are divided into:

• copyright and related rights
• industrial property

The following links and documents are available in Croatian only. Participants may use free AI-powered translation tools to access the provided materials.

Sources:

• Copyright
• Intellectual property.
• Duration of copyright.

2. Copyrighted Work

Copyrighted work is an original intellectual creation in the literary, scientific, or artistic field that has an individual character, regardless of the manner or form of expression, its type, value, or purpose.

Any work that meets this definition may be protected by copyright. It is important to emphasise that copyright protects expressions, that is, concrete realisations of ideas, and not ideas themselves, procedures, methods of operation, or mathematical concepts.

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The following link is available in Croatian only. Participants may use free AI-powered translation tools to access the provided materials.

The Copyright and Related Rights Act lists characteristic examples of works of authorship, such as linguistic works, which include computer programs, musical works, dramatic works, and dramatico-musical works. Further information is available via the link.

At higher education institutions, works of authorship are created in all forms of professional activity, particularly in teaching. These include lectures, presentations, and other teaching and didactic materials that represent original intellectual creations in the scientific, literary, or artistic field and have an individual character.

Other examples of works of authorship at higher education institutions include professional or scientific articles, books, and other written texts created through scientific work and research, as well as maps, graphs, tables, plans, sketches, drawings, and other representations of a scientific or technical nature, provided that they are original intellectual creations of their authors.

At certain higher education institutions, special types of works of authorship are also created, such as computer programs, designs, architectural works, and databases, which also qualify as works of authorship.

An author is a natural person who has created a work of authorship. In scientific and research activities, works of authorship are often created by several individuals. In such cases, the law distinguishes between:

• Joint work (work of joint authorship) which is created through the collaboration of two or more authors whose contributions cannot be used independently (for example, a scientific article written by several authors without a clear division of authorship by sections). Joint authors hold the copyright jointly.
• Composite work, which is created by combining separate works of authorship by several authors into a single whole (e.g., a book consisting of chapters written by different authors). The book as a whole is considered a composite work, while each chapter remains a separate work. Relationships between authors are regulated by contract, and in cases of doubt, authors are deemed to share remuneration equally.

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3. The Importance of Intellectual Property management and copyright

The following links and documents are available in Croatian only. Participants may use free AI-powered translation tools to access the provided materials.

Copyright consists of both economic and moral components.

The right to exploit a work of authorship is established through a contract, by granting permission for use, or through other legal transactions. When an author grants exploitation rights to another party by contract, it is particularly important to regulate the following issues:

• whether the other party may use the work in all ways or only in a specific manner (specify the way)
• whether the other person acquires an exclusive or non-exclusive right of exploitation
• in which territory the other person is authorized to use the work (e.g., only in Croatia, worldwide, etc.)
• the duration of the exploitation right (e.g., for a limited number of years or for the full duration of copyright protection)
• whether the author is entitled to remuneration for the granted exploitation rights and, if so, in what amount (compensation can be set as a lump sum or as a percentage of some objectively determined value, e.g., the price per copy)

Further information on this topic is available via the link.

Copyright as a whole is inalienable and non-transferable, meaning that the author, as the natural person who created the work, always remains the holder of that right. For universities or their constituent institutions to use works created by employees, associates, or students, exploitation rights must be acquired through a contract or a specific written declaration.

An exception applies to computer programs created within an employment relationship, in which case the copyright belongs to the employer (the constituent institution or the university) by operation of law.

If a university or its constituent institution decides to regulate the status of works created within the scope of employment through labour regulations, a collective agreement, or another internal act governing relations between the employer and the author-employee, the author-employee is bound by such rules only if they have explicitly agreed to them or otherwise accepted them. This acceptance must be given in writing, for example, through a clause in the employment contract, a separate contract, or a separate written statement.

The issue of authorship over works created by artificial intelligence (AI) presents a significant challenge. At present, it is advisable to rely on the guidelines of the United States Copyright Office (USCO), which state that a work created using AI is protected by copyright only if a human can demonstrate significant creative effort in the creation of the final content. For example, if generative AI is used with very simple instructions or prompts to generate an image, music, or text, the result is not considered a work of authorship. In such cases, AI generates the output based on existing data but lacks the human creativity required for copyright protection, as confirmed by relevant court decisions.

However, AI is regarded as a tool rather than an independent author when human involvement goes beyond simple prompting. Human authorship exists where a person modifies AI-generated content with a sufficient level of originality, creates a compilation, or significantly influences the final form of the work through their creative contribution. In such situations, the human contribution is authorial, and AI serves merely as a tool. The decisive factor for copyright protection is demonstrable and substantial creative input by a human author.

4. Why is it Important to Respect Copyright?

Respecting copyright in education and research is extremely important for several reasons. Firstly, it demonstrates respect for the intellectual property of authors. Secondly, it ensures academic integrity and helps to prevent plagiarism. Thirdly, understanding and respecting copyright protects users from potential legal consequences.

Respect for copyright is fundamental to the integrity of the educational and research process. Users should always be aware of the sources of the materials they use and strive to act in an ethical and lawful manner. In cases of uncertainty, it is advisable to seek guidance from an institutional legal service or a copyright specialist.

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5. Self-Assessment and Reflection Questions

1. Explain the fundamental difference between what copyright protects (such as expression or realisation) and what it does not protect (such as ideas or methods).
2. List at least three specific examples of works of authorship created when working at higher education institutions.
3. Moral rights are non-transferable during the author's lifetime. Explain why this is important for academic integrity and list two specific obligations a user has toward the author when using someone else's work of authorship.
4. Economic rights include the right of reproduction and adaptation. List three key issues that must be regulated by contract when establishing the right to exploit a work of authorship.
5. Explain the fundamental difference between a joint work and a composite work in terms of the nature of the authorial contributions. How are copyrights legally regulated in the case of computer programs created within an employment relationship?
6. Describe how clear copyright regulation ensures author recognition and the integrity of the work, thereby encouraging, rather than hindering, the long-term creation of high-quality open content in the context of open science.