Hosting Liability (previously referred to as ISP Liability)

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Providing computers and internet access to students and staff means that responsibility for what they do online can, in certain circumstances, rest with the institution. JISC Legal provides a range of guidance including the Hosting Liability Overview paper which considers the extent to which FE or HE institutions are responsible for content which is made available on their computer systems.


Do Colleges Have to Use the CLA?

In light of the recent changes to copyright law, this FAQ examines whether colleges are legally required to hold a CLA licence.

Can we show live broadcasts of sports events in public spaces?
A college or university will require a TV licence and a PRS and PPL licence to show live sporting events broadcast on free-to-view television channels in public spaces.
How does Janet’s Google Apps agreement help legal compliance? (14 February 2014)

This FAQ discusses Janet’s Google Apps Agreement and how it applies to colleges and universities.  

Can third party material be included in a repository for the purposes of criticism and review? (7 February 2014)

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.

Can an institution use a cloud service provider that is unable to guarantee personal data will stay within the EEA? (3 February 2014)
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).
What is the legal position concerning the embedding of YouTube videos in a password protected VLE? (6 December 2013)

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.

Is it legal to scan past exam papers and place them in the library catalogue? (13 November 2013)

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. 

Is it permissible to link directly to video clips within a VLE? (24 September 2013)

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? 

Is it legal to stream from Spotify or Google Play to an audience of students? (24 September 2013)

This FAQ considers whether streaming music from Spotify to an audience of students is in breach of copyright legislation.  

Is it legal to confiscate a student's mobile device? (2 September 2013)
It is unlikely that it would be legitimate for a college or university to confiscate a student’s mobile device where they suspect activity which might compromise the institution's college systems. 
Is it okay to film people in public places? (21 August 2013)
This FAQ considers the data protection issues associated with filming video in a public place.
ERA admits OU to ERA membership, what are the implications for OU legacy recordings? (26 July 2013)
This means that colleges and universities which currently hold an ERA or ERA Plus licence for which the term extends beyond 1 July 2013 or which enter into a new licence after 1 July will be able to treat the content previously licensed separately under the Open University Off-Air Recording Scheme as being available to become ERA recordings covered by ERA and ERA Plus licences.
How long is a college required to keep data in relation to ESF courses? (28 June 2013)

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.

Can we provide network access to alumni or prospective students? (27 June 2013)
This FAQ summarises the legal considerations in providing prospective students or alumni access to the college or university network making reference to relevant guidance from JANET.
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.
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. 
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.
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Hosting Liability Newslinks

Social Media Prosecution Guidelines Set Out
Prosecutors in Scotland have set out new guidelines as to whether messages posted on social media should be treated as a crime. 

Hotel Booking Firm Fined Over Data Breach

Worldview Limited recently fined £7,500 by ICO for failing to appropriately secure personal data.  

Online News Publishers Can be Held Responsible for Defamation
The ECJ has confirmed that online news publishers can be held responsible for defamatory comments made on their website regardless of their business model.

ECJ Rules that Libraries may Digitise Books for Dedicated Terminals
The ECJ has made it clear that educational institutions may digitise lawfully held works in order to make them available to the public on “dedicated terminals".

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