JISC Legal : Copyright / IPR

This overview paper examines the landscape of intellectual property law and its relevance to the use of information and communications technologies in UK FE and HE.

Essentials step by step guide on copyright law for FE and HE.

This guidance document examines the Digital Economy Act 2010 and its implications for universities and colleges in the UK.

The legal issues which arise when using e-assessment in UK FE and HE.

This Checklist has been specifically created by JISC Legal to assist tutors delivering Web 2.0 technologies.

JISC Legal's support for projects and others in the areas of Institutional Innovation, Lifelong Learning and Workforce Development.

Template to provide FE institutions with details of each blanket copyright licence that they may hold.

Guidance on how to use the Blanket Licence Template for FE.

Template to provide HE institutions with details on each blanket copyright licences that they may hold. 

Guidance on how to use the Blanket Licence Template for HE.

This useful presentation is a recording of Jason Miles-Campbell on RSC TV. 

Checklist of relevant questions to be asked in accepting material for use in an e-repository.

Essentials guide for practical legal information on the laws in the UK affecting e-repositories.

Basic introduction to the establishment, development and administration of online repositories in FE and HE.

An examination of intellectual property rights (IPR) in student created work.

An outline of the legal issues of podcasting as an educational tool and practical advice on how institutions can ensure legal compliance.

Legal issues which may affect the development and use of particular ePortfolio systems.

 User-friendly introduction to intellectual property rights (IPR) issues for e-learning content developers and managers.

This paper provides detailed information on Open Source Licences.

A recording of the JISC Legal Copyright & e-Learning - Webcast available to download. 

This paper summarises the legal issues involved in the development and use of information and communication technologies (ICT) in learning and teaching.

This paper provides details on how to create an effective consortium agreement and explains why they are needed. 

Creative Commons licences ("CC licences") permit the copying, reuse, distribution, and in some cases, modification of creative work without having to obtain permission every single time from the rights holder.
The briefing paper referred to below provides JISC-funded projects, as well as content creators and others within higher (HE) and further education (FE) institutions, with information that can be used to make judgements as to when the use of open content licences, particularly Creative Commons licences, may be appropriate - http://www.jisc.ac.uk/publications/briefingpapers/2009/bpcreativecommons.aspx.

The Strategic Content Alliance has produced a useful IPR toolkit covering the IPR background, practical tools, template policy statements, case studies and links to further reading.

JISC Digital Media has produced a guide to font licensing entitled 'Fonts: Basic Guide to Font Licensing.'  This guide provides detailed information on using End User License Agreements and provides details specific to Adobe, Microsoft Office and Apple.

WIPO represents 175 member states. The site includes relevant legislation.
http://www.wipo.org/.

The Patent Office changed its name to the Intellectual Property Office in 2007. The site includes useful information on copyright, patents, designs and trade marks.
http://www.ipo.gov.uk/.

The IPR-Helpdesk is the European Commissions reference point for all questions concerning IP Issues. The site includes full text briefing papers and guides e.g. Creating a website ~ copyright issues -  it is available here -
http://www.ipr-helpdesk.org//documents/CreationSiteweb_0000003655_01.xml.html.

Established by the Convention on the Grant of European Patents (EPC), signed in Munich 1973, the EPO is the outcome of the European countries' determination to establish a uniform patent system in Europe.
http://www.epo.org/.

This project provided expert advice to the JISC Development Group. Papers produced by the consultancy are available on the website at http://www.jisc.ac.uk/whatwedo/projects/ipr

A tutorial has been created by JISC Digital Media - http://www.jiscdigitalmedia.ac.uk/.  (the JISC Advisory service for Digital Media) and Intute - http://www.intute.ac.uk/ - as part of the Intute - Virtual Training Suite to assist in finding copyright cleared images, quickly and efficiently. The tutorial can be accessed here - http://www.vts.intute.ac.uk/he/tutorial/imagesearching/.

The Lambert Working Group on Intellectual Property has a toolkit which aims to: facilitate negotiations between potential collaborators; reduce the time and effort required to secure agreement; and to provide examples of best practice.  You will find the toolkit on the Department for Innovation, Universities and Skills website at: http://www.innovation.gov.uk/lambertagreements/

The JISC funded Web2Rights project has launched an IP Toolkit that is primarily for people engaging with next generation technology (Web 2.0) services and software. The toolkit can be found at www.web2rights.org.uk and includes an IP diagnostic tool and IP Flowchart.

This useful presentation is a recording of Jason Miles-Campbell on RSC TV. 

The term 'orphan works' is used to describe copyright works where the copyright holder cannot be traced. You may reduce the risks of being subjected to large claims if you have carried out an extensive search in good faith - and have documentary evidence of that search. You could still be subject to legal action if the copyright owner comes forward. On 4 June 2008 the European Commission published "due diligence" guidelines to assist those who seek to demonstrate that they have carried out such a search.

The British Academy, together with the Publishers Association, have released a set of Joint Guidelines on Copyright and Academic Research.   A copy of the guidelines may be downloaded here - http://www.britac.ac.uk/reports/copyright-guideines/index.cfm.

This pack has been produced as part of the Trust in Digital Repositories Project (2005-2007). It serves the purpose of being both a training tool for the individual and a development tool for organisations trying to establish policies for starting or running digital collections of learning materials. More details are available here - http://trustdr.ulster.ac.uk/outputs.php.

The Legal Deposit Libraries Act 2003 received Royal Assent on 30 October 2003, beginning on 1 January 2004. The British Library is reviewing its processes for acquiring categories of material not covered by previous legislation, including offline (i.e. hand-held items such as CD-ROM) and online electronic publications.   Further information can be found on the British Library website at http://www.bl.uk/aboutus/stratpolprog/legaldep/index.html#elec

This extensive report (issued 06/12/06) is the result of an independent review of the UK IP framework commissioned by the Chancellor of the Exchequer and carried out by Andrew Gowers.  For the full report see the Treasury website at - http://www.hm-treasury.gov.uk/gowers_review_index.htm.

All colleges and universities have received guidelines in a bid to provide advice and support on dealing with the issue of plagiarism. The guidelines - "Deterring, Detecting and Dealing with Student Plagiarism" - have been sent to senior managers and key operational staff within all further and higher institutions by JISC's Plagiarism Advisory Service - http://www.jiscpas.ac.uk.  For further information on the guidelines, refer  to http://www.jisc.ac.uk/publications/publications/pub_plagiarism.aspx.

PRS and PPL licensing are two independent schemes that represent the interests of different rights holders for the use recorded and live music in public performances.

What are the legal implications of setting up a college radio station?

A further selection of IPR FAQs are availalable from JISC Inform, Issue 26 - Know Your Rights: Intellectual Property and Technology. 

The short answer is that it is possible that the Google images are infringing copies of stills and if they are then your use would be further infringement.

Can a member or staff or a student use non copyright cleared images in their course work or PowerPoint presentations?

These questions are based on queries posted to our enquiry service.

This paper provides detailed information on Open Source Licences.

This paper provides details on how to create an effective consortium agreement and explains why they are needed. 

This paper considers what the legal issues are in relation to institutional ePortfolio systems.

JISC Legal Service Manager Jason Miles-Campbell's presentation on 'IPR and OER: Lessons Learned' is available here.

This presentation was delivered by Jason Miles-Campbell as part of the Supporting Professional Development for Engagement: Legal Issues Focus event in London on 5 May 2010.

Presentation by Jackie Milne on Legal Aspects of Web 2.0 and Social Networking to the 'Scottish Web Folk Group'.

e-Safety presentation, delivered by Jackie Milne at RSC WM workshop.

Parallel session on OER and intellectual property law, held at the TUC Congress Centre, London. 

This useful presentation is a recording of Jason Miles-Campbell on RSC TV. 

A working party representing 37 EU countries is currently negotiating the Anti-counterfeiting Trade Agreement (ACTA) which intends to tackle online copyright infringements on an international level.

The Digital Economy Act 2010 was given royal assent late on Thursday, 8 April 2010, following the final reading of the Digital Economy Bill in the House of Commons, the previous night.

Came into force on 31 December 2009.   

A surprise amendment forced through for controversial clause 17 of the Digital Economy Bill could lead to entire sites being forced offline if it becomes law.

The third sector will see copyright exemptions for public playing of sound recordings and music removed from April 2010

Illegal downloading of copyrighted material is being tackled by the UK Government with a new Digital Economy Bill.

EU approves two agreements on copyright law.

The UK Intellectual Property Office has released for consultation detailed legislative proposals designed to implement the adopted parts of the Gowers Review.

The European Commission is considering introducing a statutory exception to copyright law that would permit libraries to make digital copies of books.

On 16 June 2009, the Government published the Digital Britain Final Report.

The European Court of Justice (ECJ) ruled that the reproduction of eleven words from news articles can be unlawful.

Legal Affairs Committee of the European Parliament approved amendments to extend music copyright term to 95 years.

Two researchers should receive compensation for a patent that was of 'outstanding benefit' to their employer the High Court has ruled.

The Court of Appeal upholds an earlier ruling by the High Court granting the right to patent a piece of software.