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. 

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Learners have a right of privacy to personal communications (article 8 of the European Convention on Human Rights) but colleges have ... (cont)

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Under the terms of the Copyright, Designs and Patents Act 1988 librarians can make a copy of an article on behalf of a student provided that they comply with the provisions set out in ss.38 and 39.

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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.

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Emails although sent from a staff member's private email account can still be subject to FOIA.  

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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. 

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Using video clips in a VLE.

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The first step to putting the film content into the VLE is likely to involve making a copy of the content (uploading the content directly from the CD/DVD, for example).

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The short answer is that it depends what you are doing with the online newspaper content.  Making multiple copies or copying large portions of online newspaper will require permission from the rights holders usually in the form of the NLA End User Licence.

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By virtue of s.35 of the Copyright, Designs and Patents Act 1988 (CDPA) an institution is entitled to record broadcasts and communicate the recordings to students situated within the institution [AF1] provided that the recording is....(cont'd)

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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. 

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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’.

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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

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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)

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 In short this use will be considered as a public performance for entertainment purposes and therefore s.34 of the Copyright, Designs and Patents Act 1988 ... (cont)

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In terms of copyright law, screenings by a university or college film club will be considered as showing a work in public and as such will be one of the restricted acts which the copyright owner is able to control under the Copyright Designs and Patents Act 1988 (CDPA).

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The Motion Picture Licensing Company (MPLC) Umbrella licence (available at http://www.mplcuk.com/ is not required when showing DVDs or pre-recorded films for educational purposes, for the following reasons:

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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)

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To stream a feature film there are two issues involved, and two possible sets of permission required .... (cont)

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The law has changed that applies to how institutions must use cookies.

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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)

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PRS and PPL licensing are two independent schemes that represent the interests of different rights holders for the use recorded and live music ... (cont)

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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).

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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).

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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

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One of the legal rights a copyright holder has is the right to control the renting or lending of a work to the public. Copyright in a work is not infr...

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Some links to further resources.

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 Amazon encourage multiple purchase of their Kindles for use in education, however at present this does not extend to multiple use of digital con...

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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. 

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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.

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If you are thinking of signing-up to a US hosted e-learning service, your data will be hosted on US servers so you will have to take into account your...

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

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The answer is that it depends on what is permitted by the owner of the rights in the work being copied and made available to learners.    ...

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The short answer is yes, you are required to obtain consent from students before you pass their details to a third party.    "Consent" is ...

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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)

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The nature of the cloud is such that it is likely that more than one legal jurisdiction will be involved in relation to any particular external cloud service... (cont'd)
 

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When focusing on the use within OERs of materials derived from public sector information (provided under an Open Government Licence), the crux of the ...

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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)

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On the basis that you have addressed the use of the film in terms of copyright and any other relevant intellectual property rights, we shall not comme...

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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). 

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Copyright in a work is not infringed by lending by an educational establishment. However you may find that a restriction ... (cont)

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 The short answer is that taking photograph of artwork (being a copy of the artwork) is likely to be copyright infringement, unless ... (cont) 

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

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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)

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Firstly it is necessary to try and distinguish between emails which contain information which are business records and emails which are just  ... (cont)

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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)

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The Open Government Licence enables users to do the following with public sector information offered for use expressly under the licence...(cont'd)

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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)

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

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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)

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