COM531 Multimedia Technologies Lecture 11 – Legal Issues
Topics Legislation Internal regulation Pitfalls Copyright Defamation Data Protection Inappropriate activity Obligations Good practice Compliance
Legislation Numerous acts to consider Data Protection Act Computer Misuse Act Copyright Intellectual Property Rights DDA and SENDA Plus knowledge of related areas, e.g. equalities and anti-discrimination legislation Further information from JISC Legal
Internal Regulation JANET AUP – Employment contract Institution terms of use Data Protection policy Copyright policy Disciplinary offences – procedure
University of Ulster Policies Acceptable Use Code of Practice p.pdf p.pdf Policy overview Student Behaviour Policy book/acceptable-behaviour.htm book/acceptable-behaviour.htm
Copyright Internet gives unprecedented scope for accessing and distributing material Software/media files/teaching materials Personal liability Holds infringing materials in course of business Has reason to believe materials infringe Institution liability Unlikely to be liable Removal of materials upon discovery Web sites Copying content, layout, design
University of Ulster Policy
Intellectual Property Rights Protects the rights of an author to be recognised for work created Copyright granted on completion of work Does not require registration Legally binding worldwide Subject to international treaties Who owns the work? The author unless Completed in the course of employment unless Any contrary agreement exists or author employment terms not set by employer
University of Ulster Policy
Defamation Institution role as Internet Service Provider ISPs are publishers Potential for liability Web sites and s Blogs/Social Networking Defence against liability No reason to believe statement is defamatory Reasonable care taken in relation to publication, e.g. Notice and Take Down THES 17/1/08
Data Protection Obligations to comply Data Controller - employee Data Processor - employer Data collection Must be collected for specific purpose Purpose must be disclosed to individual Processing data for other purposes Web sites Cookies Personal data dataprotection.htm
Inappropriate Activity Certain activities illegal Child pornography Contrary to workplace rules Pornography Could constitute harassment Computer misuse Contrary to copyright laws e.g. KaZaA Personal business Security
DDA and SENDA Disability Discrimination Act, 1995 Special Educational Needs and Disability Act (SENDA), 2002 Institutions should make reasonable adjustments Adjustments should be anticipatory Test cases will set precedents Over 200 government policies available on ukpga_ _en_1 TechDis
Good Practice Internet Browsing What is acceptable? Discussion boards, blogs etc. Terms of use Uploading of teaching materials to web site Copyright-cleared Monitoring the system Security responsibilities passwords
Compliance Internal Regulations Provide guidance Codes of conduct Implement and monitor Nardinelli vs. Chevron Instant Messaging Common sense No defence against liability
Case Study Law firm Charles Russell Inappropriate s between staff regarding employee Rachel Walker Ms Walker complained Sex and race discrimination Settled for undisclosed sum Charles Russell did not admit liability
Summary Policies required for key areas Implement Keep up-to-date Inform users Monitor Note legal/moral obligations Encourage compliance