1. The Strategic Content Alliance
What Museums Should Consider Changing in Terms of Internet Access
Naomi Korn, SCA IPR Consultant

2. The current Ofcom Code is ambiguous
Some Context
The DEA is complicated
The current Ofcom Code is ambiguous
This is in part due to the general complexity surrounding the receipt and supply of internet access
…and the lack of appreciation of role of museums and other public intermediaries etc in the provision of internet access
Concern is that even though many museums may currently fall beyond scope of DEA as ISPs, DEA provisions may be extended
Most (if not all) museums will currently fall within scope as Subscribers
Therefore….
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3. 4 STEP GUIDE FOR MUSEUMS TO THE DEA
In order to understand implications of DEA
for museums and what they must do…. Museums can follow a 4 Step Guide…..
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4. Museums need to understand how they receive and supply internet access
STEP 1
Museums need to understand how
they receive and supply internet access
- to whom and from whom….
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5. Museums need to understand their role in relationship to the
STEP 2.
Museums need to understand
their role in relationship to the
definitions in the Act
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6. STEP 3.
Based on this, museums then need to understand the potential risks and costs associated with receiving and supplying Internet access and their obligations and …..
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7. STEP 4.
Take practical steps regarding internet access to minimise their exposure to these risks.
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8. Museums providing Internet Access and To Whom?
Fixed line internet access to:
Staff
Volunteers
Contractors
Formal visitors (such as researchers)
Members of the public
Wifi access to:
Delegates at events
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9. Museums receiving Internet Access and From Whom?
Fixed line internet access from:
JANET
Potentially any ISP, including one of the big seven
Wifi access from:
Big Seven are:
BT, Talk Talk, Virgin Media, Sky, Orange, O2 and the Post Office
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10. Briefly, what does this mean?
Museums can be both subscribers and ISPs under the terms of DEA and as a result are subject to certain obligations and costs….
Unmanaged access to the internet by any of a museum’s users, is unwise at the best and extremely costly at worse!
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11. Being an ISP (MLA Briefing Paper)
As an ISP, under the provisions of the Act, you would have the following role and responsibilities:
To receive copyright infringement reports (CIRs) from copyright owners
To notify subscribers using your service of the CIR if the Ofcom initial obligations code requires you to do so, within one month of receiving the report
To provide a copyright owner with an ‘infringement list’ (i.e. a list of copyright infringements that have been recorded on your network) of ‘relevant subscribers’ or those who have gone over a limit of infringements as set out by the initial obligations code.
To take ‘technical measures’ if required to do so, against relevant subscribers to prevent copyright infringement (e.g. limiting internet speed or refusing access).
To contribute to the cost of the subscriber appeals process.
Together with the copyright owner, to reimburse reasonable costs of subscribers who successfully appeal a copyright infringement report (CIR).
To share the overall costs of administrating the terms of this legislation with copyright owners and to share the costs of the appeal process with copyright owners and subscribers if they appeal.
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12. Being a Subscriber (MLA Briefing Paper)
Receive CIRs relating to infringements that have taken place on its premises/using IP addresses allocated through its premises
Be placed on a ‘copyright infringement list’ if the number of infringements that take place as described in the previous bullet exceed a certain limit – this may result in private civil or criminal action being taken against institutions by copyright holders
Potentially be subject to technical measures, such as limiting speed of connection or temporary removal of connection if this is deemed an appropriate measure by Ofcom
Have the right to appeal, and have the right during appeal to state that “reasonable steps” were taken to prevent infringement of copyright – however there are no provisions in the Act for this defence to be presented at an earlier stage and the appeals process would be part funded by your institution
For a claim to be found to be justifiable in the appeals process, the copyright holder has to link an IP address to “a subscriber” – this may be impossible in a library, museum or archive context, but in that case we do not know whether the institution could be a proxy subscriber for the individual infringer. This will have to be tested in case law.
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13. MLA recommends museums etc:
Establish as far as is possible which (if any) legal category they fall into under the terms of the Act
If it is their parent institution (e.g. University, LA) that has the legal obligations under the terms of the Act, establish how they might be required to assist this institution and provide advice as to the nature of the service offered to the public in the library
Understand what obligations the Act and the Code will impose upon them, given the category they fall into (even as a non-qualifying ISP, will you need to take steps to ensure you don’t qualify? Will you need to plan for eventual inclusion in the Code?)
Assess the risks, resources and costs of complying with these obligations
MLA would encourage affected organisations to respond to the Ofcom consultation, outlining the resource and financial implications for you in complying with the Code, areas you agree with and areas where you would like changes to be made
Contact MLA with any likely costs of amending current systems to comply with the requirements of the DE Act, for feedback to Ofcom
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14. Other Practical Steps You Can Consider
Practical Technical Steps are outlined in my paper (and summarised by Charles) plus:
Embed a cultural of corporate compliance for ALL users:
Educate and train staff, volunteers, public etc – outline their roles in responsibilities in clear and simple language
Update staff contracts
Develop clear IP policies (including disciplinary procedures)
Develop IT Security Policies
Amend agreements with volunteers, contracts and formal visitors etc
Develop posters and signage
Amend agreements with corporate clients who are accessing wifi
Wiping computers regularly
Checking security of wifi to prevent unauthorised surfing
Consider whether you can “afford” to permit access!
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15. Further information… Free IPR and Licensing
Tools (including a template notice and take down policy and procedures) and the SCA DEA Briefing Paper are available from
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16. The Strategic Content Alliance
That’s all folks!
Thank you for listening
Any questions or comments?
For further information please contact us at…..
Naomi Korn
Strategic Content Alliance, IPR Consultant
13 November 2018