The Vulnerability of Academic Freedom – A Look at the Swedish Teacher Exception

Abstract

The daily endeavor of researchers, such as those at the Stockholm Commercial Law Centre, would not be possible if not for academic freedom, and this article addresses the vulnerability of academic freedom in light of the Swedish Teacher exception. Who owns the rights to teaching materials?1 And in light of academic freedom, who should own the rights to teaching materials? At first blush, this issue may seem somewhat marginal. However, recent debates as to this issue challenge the very core of the Swedish labour law model. This article first sets out the legal framework for this type of intellectual property, then goes over to the labour and employment law regulations generally and as to this issue, and finally explores the ongoing debate in Sweden and potential outcomes as to the legal resolution of this issue in light of the concerns raised by the need for academic freedom.