Agreement on the right to use works related to studies
1. Parties to the agreement
The student who is accepted to exchange studies University of the Arts Helsinki, hereinafter ‘the Student’ and University of the Arts Helsinki, hereinafter ‘the University’.
2. Purpose and aim of the agreement
The purpose and aim of this agreement is to agree on the conditions on which the University has a right to use works and performances that the Student has created as part of his/her studies, as well as recordings of these, in the fulfillment of the University’s prime mission
3. Scope of application of the agreement
With regard to the Student, the agreement applies to works, performances and recordings that have been created as part of the Student’s studies at the University or a university merging with it. The Agreement pertains to the use of these works as part of the fulfilment of the University’s prime mission. The term ‘prime mission’ refers to teaching and research at the University, as well as the University’s communications, library, archiving and artistic activities. Commercial use, i.e. activity seeking to make a profit, is not included in the scope of this agreement.
4. The Student’s copyright
The Student holds copyright to any written work, art work or performance that he/she has created. Copyright includes the right to be named as the creator of the work, the right to produce copies of the work and the right to make the work accessible to the public unchanged or in a changed form.
This agreement shall not limit the Student’s right of use to their own works and their own performances or recordings of these, nor the Student’s right to make agreements with a copyright collecting society (e.g. Teosto, Gramex, Kopiosto, Kuvasto, Tuotos, Sanasto). In accordance with this agreement, when the Student grants the rights specified in this agreement to a third party that is not a copyright collecting society, the Student shall ensure that the parallel right of use given in this agreement to the University is taken into account and maintained. This agreement shall not affect the interpretation of limitations in copyright legislation (e.g. Copyright Act, Chapter 2).
5. Limited right of use transferred by the agreement
The Student shall grant to the University a parallel right of use for the production of a copy of a work, of a performance, of a recording and a copy of such a recording created as part of his/her studies (including a recording of a performance) as well as the right to make this copy/performance/recording accessible to the public. The rights in this agreement are granted without compensation and shall only apply to the following non-commercial uses by the University:
Teaching purposes
Use at a festival or in a competition, related to the Student’s studies at the University and to which the Student has consented
Assessment of a Student’s performance in his/her studies
Use in academic and artistic research (including research other than that carried out at the University): The right of use in research shall not give the right to use citations with a broader scope than that which is allowed for in copyright legislation.
Archiving and library use: The library shall have the right to publish a dissertation or a thesis, or an excerpt of a dissertation or a thesis, on-line or in another manner. Pictures created by the Student that are a part of the published dissertation/thesis may be added to the Picture and Photograph Archive maintained by the University and may be published on a University-maintained web service or in another manner.
Information and communications purposes: The University shall have the right to use the work or the performance, or a recording/duplicate recording of either of the above, in communications related to the work or its creator, as well as in communications related to the University’s operations. The work may be used without separate permission from the Student only after the work has been published. The work is considered to have been published once it has been submitted for assessment, put on display or made public in some other manner. The University may only use a short extract of the artwork or the performance for communications purposes.
The University may grant to a third party the right of use that has been granted to the University only in the scope that is necessary for the implementation of the types of use specified in this agreement. The University may grant a right to use the work in assessment of students’ works in the future (f. ex. TurnitIn).
The rights of use related to the use of works, performances and recordings at festivals and in competitions shall be valid for two years from the time the Student has completed his/her studies at the University. With regard to the other uses specified in this agreement, the time period for which the University retains the right of use is unlimited.
Use of a work, performance or recording for a purpose other than those specified in this Agreement and the terms and conditions for such use shall be agreed upon separately between the University and the Student.
The University shall commit to honoring the Student’s moral rights to a performance, work and recording, as well as to publishing the Student’s name as is good practice with regard to right of use. The University shall have the right of use to an extract of a recording or of a work only if this does not damage the creator’s professional or artistic dignity or reputation.