FAQ Archive


If a college or university knows that there will be students requiring a work in a particular format then preparations can be made in advance for their taking part in a particular course.

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This FAQ considers the extent to which Article 6 applies when a student's civil rights and obligations are being determined, for example during the disciplinary process.

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If you are copying under the Copyright Designs and Patents Act 1988 (as amended by the new Regulations) s.31B then yes there is a requirement to keep records. If a single copy is made for a disabled person under s.31A there is no such requirement.

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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.

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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.  

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This FAQ considers anonymous/pseudonymous FOI requests and whether the institution has an obligation to respond to such requests.  

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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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The ICO guidance on "Access to information held in complaint files" deals with this issue.  

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This FAQ discusses the key issues to consider with regards to employee references.  

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

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This FAQ explains how to calculate 'working days' for the purpose of FOI requests.  Consideration is given to both the English and Scottish position. 

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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.

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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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This FAQ describes the relationship between the CLA licence and primary licence under which access to digital materials may be granted and the circumstances in which digital copies require to be reported to the CLA.

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This FAQ considers the conditions under which research output can be provided to REF auditors under the terms of the CLA licence.  

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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.

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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. 

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This FAQ explores the requirement for student permission with regards to how their personal information is processed, including with whom it is shared. 

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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? 

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

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In relation to MOOCs where students do not become enrolled students, of the partner institutions, reliance on the university’s CLA licence to copy materials for inclusion in a MOOC would appear not to be possible.

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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. 

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This FAQ deals with the main areas of law universities and colleges should consider when tackling the issue of radicalisation on their campuses.

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In terms of data protection, consent will be required where a person’s inclusion in the recording reveals significant biographical information about them.

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Where an institution ‘authorises’ recordings by learners, the institution could face potential liability where an individual’s rights are infringed.

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Consent will be required to record and disseminate a ‘performance’ in order to avoid any infringement of the performer’s rights.

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In terms of employment law, where this is required by the contract of employment, it can be enforced and appropriate disciplinary action taken if necessary. Where unclear, this may prove more problematic.

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This FAQ considers the data protection issues associated with filming video in a public place.

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In terms of copyright, a lecture recording may include content created by employees, students and third parties.

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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.  

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This FAQ explores the factors to consider when determining whether a request for information is vexatious. 

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This FAQ provides information on storing and processing electronic documents including contracts.  

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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.

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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.

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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.

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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. 

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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.

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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.  

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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.

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Lending Kindles preloaded with third party content, such as an ebook currently in copyright, via a library or learning centre, would breach the current stated Kindle terms and conditions of use as far as UK users are concerned. 

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Amazon encourages multiple purchase of their Kindles for use in education, however at present this does not extend to multiple use of digital content bought from the Kindle store.

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This FAQ deals with the permissions required along with accompanying restrictions for use of Microsoft copyright material. 

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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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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)

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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).

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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.  

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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. 

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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.

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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).

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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.

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