Legal Issues in e-Learning?

2 Presenter Betty Willder JISC Legal

3 About JISC Legal Role: to avoid legal issues becoming a barrier to the use of technology in tertiary education Information service We cannot take decisions for you when you are faced with a risk

4 Legal Issues and e-Learning What are the legal Issues Focus on copyright Conclusions Sources of support, info, and resources

5 What are the legal issues? Data Protection Intellectual Property Disability E-security Cybercrime E-commerce

6 Introducing Copyright and e-Learning What do you want? - to use other peoples text - to use other peoples images, diagrams and visual devices generally - to use other peoples sounds, music, video and film, broadcasts - to protect your own creations - to collaborate with others All of the above have IPR implications!

7 Obstacles From rightholders perspective digital = Ease of adaptation Loss of control of material Unattributed use Loss of potential income

8 Where is the Law? Copyright, Designs and Patents Act 1988, Part I (as amended) E.g. Copyright (Visually Impaired Persons) Act 2002 Copyright and Related Rights Regulations 2003

9 What Does Copyright Cover? Covers: Original literary, dramatic, musical and artistic works Sound recordings, films, broadcasts and cable programmes The typographical arrangement of published editions

10 For How Long? Literary, dramatic, musical, artistic works: authors life + 70 years Films: life of creators + 70 years Other works: creation/release + 50 years Typography: publication + 25 years

11 Copyright Restricted Acts (a) to copy the work (b) to issues copies to the public (ba) to rent or lend to the public (c) to perform, show or play to the public (d) to broadcast to the public (e) to make an adaptation etc

12 Moral Rights The paternity right The right against derogatory treatment The right against false attribution

13 I Just Want Some Content Use out-of-copyright material Use open licence copyright material (though be aware of conditions!) Use copyright exceptions Use blanket licence

14 I Want THAT Content Check it is in copyright Consider whether an exception applies Consider the use of a blanket licence Obtain permission directly Do not ignore copyright

15 Some Additional Considerations Who owns copyright in collaborative work Employer/employee copyright ownership Commercialisation

16 Sources of Support Basic information and links including copyright information, publications and links The British Librarys Copyright office has some good FAQs on the 2003 copyright regulations The Copyright designs and Patents Act 1988 (unamended!). Commercial services provide access to amended Act.

17 Sources of Support The Libraries and Archives Copyright Alliance useful information e.g. copyright in the digital environment. The UK Patents Office – where you will find basic information on copyright and other intellectual property rights The UK Government-backed home of Intellectual Property on the Internet

18 Sources of Support The Copyright Licensing Agency Kingston University London copyright web pages (useful link to duration flow chart) HEFCE report Intellectual Property Rights in e- Learning Programmes

19 Sources of Support manip/index.htm Managing Intellectual Property - A guide to strategic decision-making in universities- published by AURIL/UUK/The Patent Office

20 Conclusions There are legal considerations in elearning Copyright probably most important – and least heeded Consider the legal issues at start of project Use resources available

21 Any questions?

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