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To stream a feature film there are two issues involved, and two possible sets of permission required .... (cont)
Copyright in a work is not infringed by lending by an educational establishment. However you may find that a restriction ... (cont)
The short answer is that taking photograph of artwork (being a copy of the artwork) is likely to be copyright infringement, unless ... (cont)
Ownership of copyright is key to the use of works created in universities and colleges, as the owner has control over their reuse. ... (cont)
We are pleased to announce the launch of JISC Legal Plus - a new staff development service bringing JISC Legal's expertise to your institution at competitive prices... (cont'd)
The Open Government Licence enables users to do the following with public sector information offered for use expressly under the licence...(cont'd)
The differences between the 2.5 and 3.0 suites of Creative Commons licences are summarised below, using the ‘unported’ (international) version as examples: ... (cont'd)
It is not possible to relicense other people's copyright-protected work without their permission. Simply ignoring the issue is likely to result ... (cont)
At the outset, it should be understood that the information available in a website, be it content, images, software, or the information as such is subject ... (cont)
S.11(2) of the Copyright, Designs and Patents Act 1988, states that where a literary, dramatic, musical or artistic work, or a film, is made by an employee ... (cont)
The following may represent potential barriers to the release of open educational resources ... (cont)
The law has changed that applies to how institutions must use cookies.
The Data Protection Act 1988 (DPA) limits the transfer of personal data to countries within the European Economic Area (EEA) (the eighth data protection principle).
The US Patriot Act is intended to assist terrorism prevention in the US and permits access to data by the US intelligence services in certain circumstances, including, but not limited to, in the interests of national security
The length of time that you keep student data for will depend on two factors: the first is good records management practice, and the second is compliance with the Data Protection Act 1998.
There are two legal issues here, the first concerns data protection, and the second concerns your duty of care to employees.
Under the Data Protection Act 1988 (DPA) a college or university must ensure that the personal data relating to its staff, students and others remains secure including protecting such data from accidental loss (the seventh data protection principle)... (cont'd)
Firstly it is necessary to try and distinguish between emails which contain information which are business records and emails which are just ... (cont)
This is a decision for the institution to make. There have certainly been various news articles highlighting privacy and data protection concerns related to Facebook, and similar issues apply to other external social networking sites ... (cont)
Covert monitoring is surveillance of online activity without giving the users involved specific notification that this is going on. It clearly has legal implications relating to ... (cont)
The seventh data protection principle provides that "Appropriate technical and organisational measures shall be taken ... (cont)
Strictly speaking data protection law treats parents of adult students as third parties and so the information provided to them should be considered ... (cont)
The institution must consider a number of steps if it chooses not to disclose the information to the individual concerned following a subject access request ... (cont)
There is no minimum or maximum amount of information to be given in a fair processing notice. The Information Commissioner has said that ... (cont)
The Climate Change Act 2008 requires colleges and universities, directly or indirectly, to take action to reduce carbon emissions in order to contribute to the national targets for carbon reduction... (cont'd)
S.14 of the Freedom of Information Act 2000 (and similarly s.14 of the Freedom of Information (Scotland) Act 2002) provide a exemption to release if ... (cont)
As PhD theses contain information which is held by the institution, in general, they will be subject to FOI requests as with any other information ... (cont)
The fees regulations under FOI broadly cover 2 areas- (1) Fee charges for information provided through the publication scheme and (2) ... (cont)
No, the Act provides that information is information recorded in any form - if information is not recorded, it is not information for the purposes of the Act.
There are a number of aspects to this which must be considered: (a) The Scottish and UK Freedom of Information Acts provide a statutory right of access ... (cont)
Scotland has its own Freedom of Information legislation. The Freedom of Information(Scotland) Act 2002 has been fully in force since ... (cont)
The Freedom of Information Act 2000 applies to all information held by a college (and pretty much irrespective of whose information it is) ... (cont)
Links to further resources.
There are a variety of instances within FE and HE institutions when a student's civil rights and obligations are being determined, for example ... (cont)
Article 2 of Protocol 1 of the European Convention on Human Rights (ECHR) states that 'No person shall be denied the right to education ... (cont)
Learners have a right of privacy to personal communications (article 8 of the European Convention on Human Rights) but colleges have ... (cont)
This paper considers what the legal issues are in relation to institutional ePortfolio systems ... (cont)
The Equality Act 2010 places a legal obligation on FE and HE institutions to not discriminate against staff, learners and other users and visitors to the institution because of a disability.
The Equality Act 2010 places a legal obligation on institutions not to discriminate against learners with disabilities in their service provision (including resources and delivery of teaching).
The Equality Act 2010 places an obligation on educational service providers not to discriminate against students in the provision of its services ... (cont)
The Copyright, Designs and Patents Act 1988 (as amended by The Copyright (Visually Impaired Persons) Act 2002) contains copyright exceptions for ... (cont)
The Copyright, Designs and Patents Act (CDPA) 1988 grants some exclusive rights to the owner of a copyright work which include ... (cont)
Some links to further resources.
Clearly the Principal has to be very careful and one of the first difficulties is that someone has to make a decision as to whether the material involved is illegal ... (cont)
Under the Regulatory and Investigatory Powers Act 2000 (RIPA) some public authorities (e.g. the police) are empowered to ask a college or university ... (cont)
The simplest way of addressing this is to remind users that it is the institution's responsibility to comply with the JANET Acceptable Use Policy ... (cont)
No, an acceptable use policy does not override the law in relation to monitoring. All monitoring must be carried out ... (cont)
Some of the clearest information on disclaimers is available on the 'Business Link' website which is primarily funded by the UK Department of ... (cont)
In short where the institution does not own the copyright in materials and where the copyright period has not expired, permission, a licence or ... (cont)
Email disclaimers are designed as an attempt to limit the sender's liability for the content of a message. However, their ability to prevent ... (cont)
JISC Legal offer you a variety of resources to help you do this ... (cont)
Again, this is a decision for the college or university. What matters is that issues, procedures and guidance associated with safe online practices are ... (cont)
Although there are many benefits to the adoption of an open educational resource approach with regards to teaching and learning ... (cont)
There are, in fact, distinct, jurisdiction-specific versions of the CC licences ... (cont)
The Creative Commons licence and logo could be embedded on the website and/or within the work. The practice normally seen is to ... (cont)
Although a common issue, it is not one with a straightforward answer - it will generally require a judgement call as to whether ... (cont)
It is likely that the copier of the work will have to defend/justify their copying when a rights holder alleges infringement of copyright ... (cont)
In short, software is copyright material. Creative Commons can be used in order to license any copyright work, including ... (cont)
Unported Creative Commons licences are now on the third version (e.g. http://creativecommons.org/licenses/by/3.0/legalcode), and have ... (cont)
JORUM, the FE/HE online repository is accessed by named users and the repository is specifically for teaching and support staff. The terms ... (cont)
An open educational resource is one made available under a relatively unrestricted licence. The most common suite of licences ... (cont)
‘Paraphrase’ has a spectrum of meaning. It is generally considered by institutions to be acceptable where tutors write text in their own words but ... (cont)
You can follow JISC Legal on a variety of social networking sites and through our monthly newsletter ... (cont)
Information on the JISC Legal team can be found here.
As a JISC Advance service, we support the higher and further education sectors in the United Kingdom. Much of our work is also relevant to ... (cont)
JISC Legal provides a variety of services ... (cont)
JISC Legal, a JISC Advance service, works to ensure that legal issues do not become a barrier to the adoption and use of new ... (cont)
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