Supporting Further and Higher Education JISC Legal Information Service 21 January 2003 Introduction to Copyright John Kelly JISC Legal Information Service

Supporting Further and Higher Education JISC Legal Information Service More data was created in the last two years than has ever existed before Not only do we have more information but this information is increasingly being 'born digital'. (Anon)

Supporting Further and Higher Education JISC Legal Information Service Assisting Further and Higher Education Institutions with legal compliance in the Information and Communication Technology ( ICT ) field is in essence what J-LIS does.

Supporting Further and Higher Education JISC Legal Information Service The Obligatory Disclaimer! We cannot offer legal advice - –We can offer/direct you to information We are not professional lawyers Each institution is independent –We cannot replace an institution's responsibility to seek professional legal advice However … we can alert institutions to the fact such advice is required!

Supporting Further and Higher Education JISC Legal Information Service Core Areas of Law & Legislation - I Data protection & privacy –1998 Data Protection Act - records management Freedom of information –2000 Freedom of Information Act Human rights & discrimination –1998 Human Rights Act Disability and the law –2001 Special Educational Needs and Disability Act

Supporting Further and Higher Education JISC Legal Information Service Liability “Education officers in Wirral were contacted by solicitors representing a pair of teenagers who are still at school. They were demanding to know why there parents had not been prosecuted for allowing them to truant” Reported TES July 2002

Supporting Further and Higher Education JISC Legal Information Service Core Areas of Law & Legislation - II Intellectual property rights (IPR) –1988 Copyright, Designs & Patents Act –2001 EU directive on - ‘Copyright and the information society’ Monitoring & encryption –Regulation of Investigatory Powers Act 2000 (RIPA) Digital signatures, e-Commerce –Electronic Communications Act 2000

Supporting Further and Higher Education JISC Legal Information Service Education Sector today Cocooned - historically Evaluating the risks Putting the risks in context - Web access Where does responsibility lie? Fragmentation

Supporting Further and Higher Education JISC Legal Information Service Core Areas of Law and Legislation - III ISP liability (internet service provider) –Defamation - Godfrey v Demon Cybercrime and criminal liability –Computer Misuse Act, pornography etc. The future –Convergence & e-Commerce Your Ideas ?

Supporting Further and Higher Education JISC Legal Information Service Copyright ( History ) “An Act for the Encouragement of Learning, by Vesting the Copies of Printed Books in the Authors or Purchasers of such Copies, during the Times therein mentioned.” Statute of Anne, from Statute of Anne

Supporting Further and Higher Education JISC Legal Information Service What is Copyright? A work Originality & quality –University of London Press Ltd v University Tutorial Press Ltd 1916 Has to be in a fixed format Does not cover ideas & facts Automatic Different media & territories Bootlegging

Supporting Further and Higher Education JISC Legal Information Service What works does it cover? Literary, dramatic, musical and artistic works Sound ‘recordings’ Broadcasts and cable ‘transmissions’ Films (including on video, DVD etc) Performances ( ‘live’ theatre, dance, music) Typography Designs

Supporting Further and Higher Education JISC Legal Information Service Copyright - Who owns it? Author, (or first creator) Employers Students? Moral Rights Assignment of rights

Supporting Further and Higher Education JISC Legal Information Service Copyright (Cont) Copyright, Designs and Patents Act, 1988 Berne Convention The Universal Convention WIPO Treaty of 1996 European Union Copyright Directive

Supporting Further and Higher Education JISC Legal Information Service How long does copyright last? The author(s)/creator(s) lifetime and then: 70 years - literary, dramatic, musical & artistic works 70 years - films 50 years - broadcasts, (TV, sound, cable etc.), computer generated works & performances 25 years - typographical arrangements (from date of publication) 10/15 years - designs (from creation/1st sales)

Supporting Further and Higher Education JISC Legal Information Service Fair Dealing Only applies to certain purposes: Research and Private Study Criticism and Review Insubstantial Use & Incidental Inclusion Does NOT cover multiple copying or teaching! Does apply to digital material

Supporting Further and Higher Education JISC Legal Information Service Software Copyright crackdown Law firms could be hit by police powers Law firms are being advised to alert clients, and their own staff, to the dangers of having illegal copyright material on PCs, following the introduction of tougher regulations. The Copyright, etc. and Trade Marks (Offences and Enforcement) Act 2002, passed last month to amend the Copyright, Designs and Patents Act 1988, gives the police power to secure warrants to search, and seize property from any business they believe is using unlicensed software. Previous powers limited searches to traders and importers of illegal material. The term 'illegal software' does not only cover pirate copies, but also unlicensed duplicates downloaded onto PCs. Article Published: 06/09/ Law Gazette

Supporting Further and Higher Education JISC Legal Information Service ISP Liability Whether you are an ISP, a VISP or a web host or merely providing chat room or discussion group facilities on your web site, there is a risk that you could be liable for material posted by third parties.

Supporting Further and Higher Education JISC Legal Information Service IP Resources a/clearance/ –Copyright clearance and digitisation in UK Higher Education html –Practical guidelines on electronic copyright ght.html