JISC Legal : All FAQs

Site Map
Privacy Statement
Copyright Policy
Accessibility
Feedback

COOKIES: This site uses Google Analytics Cookies for performance monitoring only. By using our website you agree that we can place these cookies on your device.

Legal Guidance for ICT Use in Education, Research and External Engagement

Home
My Role
Legal Areas
Themes
Contact Us
- Enquiry Form
About Us
Training
- JISC Legal Plus

Content

Home

All FAQs

FAQs are organised by Legal Areas, Themes and Projects.

Legal Areas

Copyright/IPR
Data Protection
Freedom of Information
Human Rights
Equality, Disability and the Law
Computer Misuse
Interception and Monitoring
Hosting Liability

Is consent required to record student presentations for assessment purposes? (10 May 2013)
This FAQ considers whether, in terms of the CDPA, consent is required to record student presentations for the purpose of examination. Consideration is also given to the application of consent in relation to performers' rights and to Schedule 2, Rights in Performances. The implications of data protection legislation are discussed.

Can we convert old audio tapes to mp3 files for the use of a person with disabilities? (8 May 2013)
This FAQ considers whether the Copyright, Designs and Patents Act 1988 (as amended by The Copyright (Visually Impaired Persons) Act 2002) permits the making of copies of copyright works in alternative formats for a person with disabilities.

Can we use screenshots of Microsoft products to produce teaching resources? (19 April 2013)
This FAQ deals with the permissions required along with accompanying restrictions for use of Microsoft copyright material.

What happens to a company’s intellectual property rights if it is dissolved? (21 January 2013)
By virtue of section 654 of the Companies Act 1985 or Section 1012 of the Companies Act 2006, depending on when the company was dissolved, all its property and rights in England and Wales (but not its liabilities) pass to the Crown as bona vacantia.

Can we use book cover images to promote our library books on Pinterest? (7 December 2012)
Book covers are likely to be copyright-protected works in themselves, and also often contain third party ‘artistic works’. Copying these digital images and making them available to the public without permission will be an infringement.

Can a company be the author of a copyright work? (16 November 2012)
While a company can own the copyright in a work (and will do so in relation to copyright works created by employees in the absence of agreement to the contrary), the duration of copyright is still linked to the original author.

Is it okay to use screenshots from subscriptions to promote our blog? (5 November 2012)
Many consider that it’s good practice to obtain permission and judge that it’s better to be safe than sorry. Most rights owners are likely to agree to usage which will promote their products.

What balance should we strike between a strict internet filter and a more lenient policy? (29 October 2012)
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)

Do we need to get parental consent for students (16+) to watch unfiltered content on YouTube? (29 October 2012)
In order to meet the duty of care owed to learners, a college will have to show it has taken adequate precautions to prevent reasonably foreseeable loss or harm occurring.

Does the CLA HE Licence Cover Non-UK Overseas Students? (26 October 2012)
The purpose of this communication is to dispel a recent misconception about what the current HE Copyright Licence permits in respect of the provision of copyright material to non-UK students overseas.

What is the legal position with regards to digitising our student newspaper, if the content turns out to be libellous? (19 October 2012)
The general rule of UK defamation law is that the publisher of a defamation faces liability and this applies to FE and HE institutions as publishers in the same way as to any other publisher.

In terms of copyright, what is “commercial activity”? (17 September 2012)
Unfortunately there is no case law to define whether an activity is ‘commercial’ or not, and there is no definitive wording within the Copyright, Designs and Patents Act 1988.

Can materials created for in-house use made up of licensed video be used in a conference presentation outside the institution? (17 September 2012)
There are two separate aspects to be considered whether materials, created for in-house use from licensed video, can be used in a conference presentation outside the institution.

What is the position with regard to using off-air recordings for the purposes of research? Is permission required from the broadcaster? (14 September 2012)
The ERA licence scheme permits the making of recordings of broadcasts by or on behalf of an educational establishment for the non-commercial educational purposes of that establishment.

Who owns the materials at the end of an institution/consultancy led collaboration period? (11 September 2012)
The consultant will own the copyright in the materials created as part of the consultancy in the absence of an agreement to the contrary.

Do you have a template that we could use to commission software development work? (11 September 2012)
It is possible to adapt some that are available online providing you comply with the licence conditions.

Can a college or university library lend DVDs to staff or students and can these be viewed in the library? (27 July 2012)
Copyright in a work is not infringed by lending by an educational establishment. However you may find that a restriction ... (cont)

Where a college or university no longer holds an ERA licence can it continue to use its ERA recordings? (29 June 2012)
The ERA licence is required not only to make recordings of programmes broadcast by its members but also to retain and use those recordings.

Can we show news channels on TV screens in public spaces at our college or university? (24 May 2012)
A college or university will require a TV licence and a PRS and PPL licence to show free to view television channels on TV screens in public spaces.

Where does liability lie if an e-thesis is found to infringe the copyright of a third party? (18 May 2012)
Where copyright infringing third party material is included in an ‘e-thesis’, liability will lie with all parties who have taken part in the activity that is infringement.

Page 1 of 4

First Previous [1] 2 3 4 Next Last

If we provide remote access to our CRM from abroad, what are the legal considerations? (14 May 2013)
This question raises an interesting issue regarding ‘access’ overseas and ‘transfer’ overseas but unfortunately the legal position is unclear. Read on to find out more.

What's the legal position of transporting encrypted equipment abroad? (13 May 2013)
The Export Control Organisation (ECO) do have rules on what can and cannot be exported to certain countries. This FAQ explores what they have to say on the question of taking encrypted laptops abroad.

Does a college need a learner's permission to share information with their parent or guardian if they are under 18? (01 March 2013)
When processing a learner’s personal information (relating to a living and identifiable individual), you must do so fairly and lawfully, in line with the Data Protection Act 1998 (DPA) and the principles therein.

What should we do if the police ask for information about a student or member of staff in relation to an investigation? (25 February 2013)
Institutions may be asked by the police for information about students or staff in order to help them with their investigations. Unless presented with a court order, you may choose whether or not to supply such information.... (cont'd)

Is a college/university required to report a data breach to the ICO? (11 February 2013)
A college or university is not, in most circumstances, a provider of services to the public and as such is not required to notify the ICO of a data breach under new obligations imposed by the Privacy and Electronic Communications (EC) Directive Regulations 2003 (PECR).

What are the FOI and DP implications of using services like Dropbox or Evernote? (28 January 2013)
Dropbox and Evernote are both cloud computing services, adopting a cloud computing service does not change an institution''s legal duties but requires a reassessment of the risks, and may involve changing the processes which ensure compliance. This FAQ considers the legal issues pertinent to adopting such a service.

We would like to publish details on our website about past students, including name, year graduated and course. Is this allowed? (16 November 2012)

The short answer is that the details about individuals mentioned above are likely to be considered personal data and as such the data protection legislation applies.

Can I be compelled to have my photograph taken and displayed on a staff photo board? (8 October 2012)
As an employee you are required to comply with reasonable instructions from your employer.

Our employed apprentice students require access to MIS information which may be sensitive. Is this allowed? (11 September 2012)
Where a college employs students as apprentices and provides them access to MIS information as part of the responsibilities of their job and this enables them to view the records of other students this would not be a breach of data protection law in itself.

What level of security should our institution be using for personal information? (7 September 2012)
The seventh data protection principle provides that "Appropriate technical and organisational measures shall be taken ... (cont)

Can a college or university covertly monitor its students’ online activity? (31 August 2012)
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)

What is the legal position concerning defamatory statements posted on an institution's computer networks? (24 August 2012)
The general rule of UK defamation law is that the publisher of defamation faces liability. This applies to FE and HE institutions in the same way as ... (cont)

How long are colleges and universities required to retain emails? (1 August 2012)
Firstly it is necessary to try and distinguish between emails which contain information which are business records and emails which are just ... (cont)

Is it Lawful to Monitor Student Computer Screens? (30 July 2012)
Some software permits staff to view from a remote device what students are viewing on their computer screens. What are the legal implications of using such software?

Do the legal risks of using Facebook in education outweigh the benefits? (22 June 2012)
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)

Can we digitise research papers bequeathed to our university, and add them to our institutional repository? (16 April 2012)
Where research papers are bequeathed to an institution copyright, data protection and freedom of information are relevant legal areas to consider, and the issues are summarised in the FAQ.

Are there situations where information held in staff private email accounts might be disclosed under FOI? (2 April 2012)
Emails although sent from a staff member's private email account can still be subject to FOIA.

Can staff at colleges and universities upload and re-use video clips on our VLE for teaching and learning? (21 March 2012)
Using video clips in a VLE.

Page 1 of 3

First Previous [1] 2 3 Next Last

Does our college have to give out information on suppliers and what they do for us if we are asked? (10 December 2012)
The short answer is that this is a valid FOI request which legally the college will need to respond to in terms of the Freedom of Information Act 2000 (FOIA).

What is the status of the Freedom of Information Act in Scotland? (12 November 2012)

Scotland has its own Freedom of Information legislation. The Freedom of Information(Scotland) Act 2002 has been fully in force since ... (cont)

Do we have to release student coursework under FOI if someone makes a request? (27 January 2012)
Under the Freedom of information Act 2000 (FOIA) at s.1(1) any person making a request for information held by a public authority is entitled to have it provided to him. Most colleges and universities are public authorities under the FOIA and student coursework held by a university or college would be ‘information held’.

What do the fee regulations under FOI cover? (18 January 2012)
The fees regulations under FOI broadly cover 2 areas- (1) Fee charges for information provided through the publication scheme and (2) fee charges for specific information requests

Does a college or university have to release course materials if an FOI request is made for them? (10 January 2012)
Where an FOI request is made which covers course materials, colleges and universities may be reluctant to release these, as they are often seen as part of the institution’s assets...(cont'd)

How does the Climate Change Act 2008 affect colleges and universities? (20 June 2011)
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)

Where can we get practical, relevant staff development training on ICT and law issues such as copyright, data protection and e-safety? (3 June 2011)
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)

What constitutes a vexatious request under freedom of information legislation? (18 March 2011)

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)

How does FOI apply to PhD Theses? And what is the legal position concerning student embargos. Our students can apply an embargo to their thesis from 3 - 5 years? (8 September 2010)

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)

Does FOI apply to information which is known about but no longer recorded in any written or audio form? (8 September 2010)
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.

What is the legal position with regard to gaining access to an email account where the account holder is deceased? (8 September 2010)

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)

Is student work, produced as part of their course, exempt under the FOI provisions? (8 September 2010)

The Freedom of Information Act 2000 applies to all information held by a college (and pretty much irrespective of whose information it is) ... (cont)

Further FAQs (12 June 2009)

Links to further resources.

Can I be compelled to have my photograph taken and displayed on a staff photo board? (8 October 2012)
As an employee you are required to comply with reasonable instructions from your employer.

How can we monitor emails remotely? (4 May 2012)
Learners have a right of privacy to personal communications (article 8 of the European Convention on Human Rights) but colleges have ... (cont)

Do Human Rights apply to instances within FE and HE institutions when a student's rights are being determined? (8 September 2010)
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)

Is there a legal right to further or higher education? (8 September 2010)

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)

Further FAQs (10 June 2009)

Links to further resources.

Legal Aspects of ePortfolio Systems - A Short FAQ (30 November 2004)

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

We have funding for a new project and will have a project website does it need to be accessible and if so are there any standards or help? (10 December 2012)

Yes, if you are using your website to provide a service the Equality Act 2010 states that you should not discriminate against disabled persons in the provision of the service.

What are the legal implications of hosting or offering blogs and wikis? (30 November 2011)
Data protection and other legal issues remain the same for a college or university when hosting, offering or using blogs, wikis, and any other ... (cont)

What do colleges and universities need to do to comply with accessibility law? (4 August 2011)

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.

What are the accessibility duty implications when using a cloud computing provider? (17 June 2011)
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).

When Recording Lectures, what are the Legal Requirements for Ensuring Accessibility? (12 April 2011)

The Equality Act 2010 places an obligation on educational service providers not to discriminate against students in the provision of its services ... (cont)

Further FAQs (12 June 2009)
Links to further resources.

Our institution would like to upload mp3 files for distribution to students via a VLE. What is the current legal position? (9 February 2009)

The Copyright, Designs and Patents Act (CDPA) 1988 grants some exclusive rights to the owner of a copyright work which include ... (cont)

What should we do if we come across email communications that clearly break the law? (21 December 2011)
Any monitoring of systems, even if it is minimal, must be done only after consent has been sought from the persons who are subject to monitoring ... (cont)

Further FAQs (31 August 2011)

Some links to further resources.

An IT manager has informed the Principal that member of staff has been downloading obscene materials onto college computers. What should the Principal do? (28 February 2011)

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)

An institution has been made aware of terrorist material found on an employees PC. What is the legal position concerning disclosure of such communications data to the police? (8 September 2010)

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)

How can we monitor emails remotely? (4 May 2012)
Learners have a right of privacy to personal communications (article 8 of the European Convention on Human Rights) but colleges have ... (cont)

What Does the New "Cookie" Legislation Require us to do? (15 December 2011)
The law has changed that applies to how institutions must use cookies.

Can an institution use a cloud service provider that is unable to give assurances that personal data will not be transferred to a country outside the EEA? (28 October 2011)
It is important to recognise that in any situation where a data controller is using a data processor, the data controller remains responsible for compliance with the Data Protection Act 1998 (DPA).

Is a blanket policy prohibiting personal communications over the college network enough to permit lawful monitoring of all email and internet use? (28 February 2011)
No, an acceptable use policy does not override the law in relation to monitoring. All monitoring must be carried out ... (cont)

What are our obligations, as an institution, in order to meet email compliance legislation? (8 September 2010)
Some of the clearest information on disclaimers is available on the 'Business Link' website which is primarily funded by the UK Department of ... (cont)

We would like to publish details on our website about past students, including name, year graduated and course. Is this allowed? (16 November 2012)

The short answer is that the details about individuals mentioned above are likely to be considered personal data and as such the data protection legislation applies.

Page 1 of 2

First Previous [1] 2 Next Last

Themes

eSafety

How can we monitor emails remotely? (4 May 2012)
Learners have a right of privacy to personal communications (article 8 of the European Convention on Human Rights) but colleges have ... (cont)

Further FAQs (31 August 2011)

Some links to further resources.

Is it OK to publish a staff directory on our intranet that visitors can access? (5 July 2011)

There are two legal issues here, the first concerns data protection, and the second concerns your duty of care to employees.

What is the legal position with regard to showing a clip from an 18 certificate film to students under the age of 18?

The showing of a film rated 18 to students who are under 18 raises issues of risk and the level of risk the college is willing to take.

Where can I get more information on writing an e-Safety policy?

JISC Legal offer you a variety of resources to help you do this ... (cont)

Should we have a separate e-Safety policy or can we include this in our Safeguarding policy?

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)

Projects

Open Educational Resources

Can we record programmes from BBC iPlayer and 4oD for educational purposes? (26 March 2012)
The Educational Recording Agency (ERA) has been in discussions with the BBC and Channel 4 to change their terms and conditions to include their on-demand services as services which falls within the ERA licence.

What are performance rights and when do they apply? (10 February 2012)
Performance rights exist independently of copyright and moral rights in any work. The performer is the first owner of the performance and will have rights in their performance and any recording, film or broadcast of that performance.

What are the legal issues to consider when using an Open Government Licence within OER? (21 June 2011)
When focusing on the use within OERs of materials derived from public sector information (provided under an Open Government Licence), the crux of the issue is whether the material can be relicensed to end users of the OER, under a Creative Commons Licence.

Can a photograph of artwork taken in a museum or gallery be included in an OER? (15 June 2011) The short answer is that taking photograph of artwork (being a copy of the artwork) is likely to be copyright infringement, unless ... (cont)

Who owns copyright in works created in universities and colleges? (6 June 2011)
Ownership of copyright is key to the use of works created in universities and colleges, as the owner has control over their reuse. ... (cont)

Can works licensed under an OGL (Open Government Licence) be used as part of an OER? (6 May 2011)
The Open Government Licence enables users to do the following with public sector information offered for use expressly under the licence...(cont'd)

What are the differences between the Creative Commons 2.5 and 3.0 suites of licences? (20 April 2011)
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)

When Recording Lectures, what are the Legal Requirements for Ensuring Accessibility? (12 April 2011)

The Equality Act 2010 places an obligation on educational service providers not to discriminate against students in the provision of its services ... (cont)

How can third party material be included in an open educational resource (OER)? (29 March 2011)
It is not possible to relicense other people's copyright-protected work without their permission. Simply ignoring the issue is likely to result ... (cont)

What are the potential barriers to the adoption of an OER approach? (20 February 2011)
The following may represent potential barriers to the release of open educational resources ... (cont)

What are the legal consequences of adopting an OER approach? (20 February 2011)
Although there are many benefits to the adoption of an open educational resource approach with regards to teaching and learning ... (cont)

What is the Best Way to Deal with Presentation Slides that Contain Images? (10 December 2010)
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)

Should the Words England & Wales be Included after the Types of Licence that are Offered to Contributors? (10 December 2010) There are, in fact, distinct, jurisdiction-specific versions of the CC licences ... (cont)

Are there any guidelines regarding placement of the Creative Commons licence statement and logo within Flash movies, video clips, and audio clips? (23 November 2010)
The Creative Commons licence and logo could be embedded on the website and/or within the work. The practice normally seen is to ... (cont)

Page 1 of 2

First Previous [1] 2 Next Last

About Us

About Us

How Can I Keep Up-to-Date with JISC Legal Activities?You can follow JISC Legal on a variety of social networking sites and through our monthly newsletter ... (cont)

Who are the JISC Legal Team?

Information on the JISC Legal team can be found here.

Who Does JISC Legal help?

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)

What Services Does JISC Legal Provide?

JISC Legal provides a variety of services ... (cont)

What Is JISC Legal?

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)

Helpdesk

Can't find an answer to your question? JISC Legal provides a quick-turnaround enquiry service. Send us your ICT law question by using the online form or by sending an email - info@jisclegal.ac.uk or by calling 0141 548 4939.

JISC Legal Newsletter

For a digest of IT Law relevant to FE and HE, subscribe to - JISC-LEGAL-NEWS - http://www.jisclegal.ac.uk/Newsletter.aspx.

Signing up to the JISC-Legal-News service will give you a monthly news digest. In order to join the JISC-Legal-News service, simply email the following text to - listserv@jiscmail.ac.uk: Subscribe JISC-LEGAL-NEWS forename surname (e.g. Subscribe JISC-LEGAL-NEWS Jason Campbell) This should be the only text in the body of your email (NB no subject is necessary). More information about JISCmail lists can be found at - www.jiscmail.ac.uk, including how to manage your subscription in future.

Social Media