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In light of the recent changes to copyright law, this FAQ examines whether colleges are legally required to hold a CLA licence.
Where criticism and review applies to material included in a thesis then it will be possible to include it within an institutional repository without permission from the copyright owners unless the terms of the repository re-license the materials for a purpose not covered by a statutory exception.
This FAQ considers the conditions under which research output can be provided to REF auditors under the terms of the CLA licence.
This FAQ considers the legality of embedding YouTube videos in a VLE considering both the YouTube terms and conditions and, where content is infringing, the effect of s.20 Copyright. Designs and Patents Act 1988.
This FAQ considers the issues surrounding whether or not it is permissible to scan past examination papers and place them in the library catalogue. Consideration is given to important factors that should be borne in mind, such as, whether the question includes third party material.
This FAQ considers the legalities surrounding the use of linking within a VLE. Is it better to link directly to the clip or the homepage for example?
This FAQ considers whether streaming music from Spotify to an audience of students is in breach of copyright legislation.
With respect to a college recording an end of year performance by its dance students the main legal areas to consider are copyright and performer’s rights.
This FAQ provides information on storing and processing electronic documents including contracts.
All documentation relating to the delivery of an ESF project must be kept for a period of three years after the Managing Authority has received final payment.
Privacy impact assessments (PIAs) are a tool that you can use to identify and reduce the privacy risks of your projects. This FAQ explains when and how you should carry out PIAs.
The ICO guidance on "Access to information held in complaint files" deals with this issue.
This FAQ discusses the key issues to consider with regards to employee references.
This FAQ discusses Janet’s Google Apps Agreement and how it applies to colleges and universities.
This FAQ explores the requirement for student permission with regards to how their personal information is processed, including with whom it is shared.
This FAQ considers anonymous/pseudonymous FOI requests and whether the institution has an obligation to respond to such requests.
This FAQ explains how to calculate 'working days' for the purpose of FOI requests. Consideration is given to both the English and Scottish position.
This FAQ explores the factors to consider when determining whether a request for information is vexatious.
Scotland has its own Freedom of Information legislation. The Freedom of Information(Scotland) Act 2002 has been fully in force since ... (cont)
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)
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)
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)
Links to further resources.
This paper considers what the legal issues are in relation to institutional ePortfolio systems ... (cont)
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.
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 an obligation on educational service providers not to discriminate against students in the provision of its services ... (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)
There are two legal issues here, the first concerns data protection, and the second concerns your duty of care to employees.
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.
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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