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

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Management

JISC Legal provides guidance for Senior Managers as they handle the legal issues which arise with ICT in education. The guidance includes workshops, webcasts and publications directed at those who are making decisions and managing resources in FE and HE.

Resources

Publications
FAQs
Law Watch
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Bring Your Own Device Policy Template for Further Education (1 May 2013)

This “Bring Your Own Device” policy template is intended to help colleges write an effective policy that states what their approach is to the use of personally owned devices by staff and learners.

Risk, Liability and Mobile Devices (1 May 2013)
This paper provides a quick reference for managers as to the main legal risks which need to be assessed against your institution’s risk strategy before opening your institution’s ICT system to mobile access by staff and students using their own devices.

Your Students, Mobile Devices, Law and Liability (1 May 2013)
This paper focuses on the legal issues surrounding student mobile use.

Your Staff, Mobile Devices, Law and Liability (1 May 2013)
This paper focuses on the legal issues surrounding staff bringing their own devices.

Equality, Disability and the Law Overview (25 January 2013)
This overview paper provides an in- depth look at the disability discrimination provisions of the Equality Act 2010 and its application to the use of ICT in the provision of education services in UK colleges and universities.

3D Digitisation and Intellectual Property Rights (17 January 2013)
This guidance is intended to assist 3D digitisation projects with intellectual property rights issues, including copyright, design rights, moral rights, trade marks and patents.

Pinterest, Image Sharing Websites and the Law (5 December 2012)
This guidance is intended for staff in colleges and universities considering using image sharing social networks such as Pinterest in teaching and learning.

Mobile Technologies and the Law Overview (19 November 2012)
This paper considers the legal issues likely to arise from the use of mobile devices by colleges and universities. It is relevant for staff with responsibility for planning and managing the introduction and use of mobile technologies in their institution and for lecturers, researchers and support staff using or supporting the use of mobile technologies.

e-Safety Policy Checklist (30 October 2012)
A checklist of questions for institutions to consider when updating or framing an e-safety policy.

Equality, Disability and the Law Essentials (25 October 2012)

This Essentials Guide provides readers with a direct, point-by-point guide to the Equality Act 2010's disability discrimination provisions and their application to further and higher education.

Law and ICT for Vulnerable Learners in FE (30 July 2012)
This guidance is intended for staff in UK FE colleges whose provision includes further education or training for vulnerable learners with varying needs including disability issues.

Sharing IT Services and the Law (11 July 2012)
This is a legal guide for mergers, outsourcing and partnership working focusing on contract, data protection, ownership and freedom of information law.

Engaging with Employers - BCE (4 July 2012)

This briefing addresses the legal issues that further and higher education institutions may face when engaging with employers as part of their Business and Community Engagement ("BCE") activities.

Delivering Lifelong Learning - BCE (4 July 2012)
This briefing tackles the legal issues that further and higher education institutions may face when delivering lifelong learning as part of their Business and Community Engagement ("BCE") activities.

Wider Community Engagement - BCE (4 July 2012)

This briefing gives an overview of some of the legal issues which institutions can face when carrying out cultural and public engagement activities as part of their Business and Community Engagement ("BCE") activities.

Moral Rights and OERs - Overview (27 April 2012)
The purpose of this Moral Rights and OERs Overview paper is to guide publishers of open educational resources (OERs) on the meaning of moral rights, when and how these impact on the creation of OERs and measures which may be taken in order to avoid infringement of moral rights.

Moral Rights and OERs - Essentials (27 April 2012)
The purpose of this Moral Rights and OERs Essentials paper is to provide publishers of open educational resources (OERs) with a summary of when and how moral rights impact on the creation of OERs.

Mobile Technologies and the Law Top Tips (16 April 2012)
Copyright and accessibility law need to be considered when using mobile devices. To help give you confidence in your compliance with the law, here are top tips for getting to grips with copyright and accessibility when using mobile devices.

Bequeathed Research Papers and the Law (16 April 2012)
This guidance is intended for university and college archives dealing with bequests of research papers. It provides information on the legal issues which need to be considered, in particular, where an institution intends to digitise and add documents to an institutional repository.

Mobile Technologies and the Law Webcast (14 March 2012)
Our Mobile Technologies and the Law webcast (streamed live on 14 March 2012) can now be accessed in captioned, bite-sized segments.

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New Bill Seeks to Reform UK IP Laws

A new Intellectual Property Bill proposes changes to the UK's intellectual property regime. The changes are being brought in an attempt to simplify patent and design protection laws and to help businesses be better off as a result of the changes.

Defamation Bill Receives Royal Assent

The purpose of the reforms is to ensure that defamation legislation is fit for modern times. The Act aims to strike a balance between the right to freedom of expression and the protection of reputation.

The Legal Deposit Libraries (Non-Print Works) Regulations 2013

Government commits April 2013 as the date for introducing Legal Deposit regulations for non-print materials. The Non-Print Legal Deposit regulations enable the British Library and the UK legal deposit libraries to collect, store and preserve the nation's memory in the digital age. The content will include online articles and books, and websites.

Enterprise and Regulatory Reform Act 2013

The Enterprise and Regulatory Reform Act 2013 received Royal Assent on 25 April 2013. The new legislation will effect the UK's current intellectual property regime. Changes include the fact that orphan works will be licensed for use for the first time.

Apple and Samsung Ruling Clarifies Patent Tests
A UK High Court ruling involving a claim by Samsung that certain Apple 3G-enabled devices infringed its patents clarifies the different tests to be used to determine whether a patent covers something new or novel and whether the date of its assessment gives it priority over other patents.

Software Functionality Not Protected by Copyright (11 February 2013)
The High Court has ruled that copyright does not protect the functionality of a computer program and programming language.

Email Content Not Considered as Property (5 February 2013)
A High Court judge (in England and Wales) has ruled that businesses do not have a general claim of ownership over the content in staff emails.

HE Model Publication Scheme – Highlights of changes in Updated Definition Document for HEIs - 2013 (31 January 2013)
In this updated “Definition document for universities and other higher education institutions” the ICO sets out in some detail guidance on the types of information it expects public bodies across different sectors to pro-actively publish.

Report on Draft Communications Data Bill due to be published (5 December 2012)
The Draft Communications Bill currently making its way through the legislative process has implications for the UK academic network.

Nominet’s Dispute Procedure is Authoritative (7 September 2012)
Nominet decisions cannot be appealed by the back door to the courts. Rightsholders and registrants must get a DRS action right in the first place.

Sixth Form Colleges and Data Protection (28 August 2012)
A Decision published by the Information Commissioner’s Office (ICO) regarding the accidental release of personal data to students in a sixth form college, highlights the need for all colleges to have in place appropriate practices and procedures to ensure compliance with data protection law.

Canada's Supreme Court Refines Definition of 'Fair Dealing' (17 August 2012)
Canada's Supreme Court has considered the extent of "fair dealing" under Canadian copyright law, and in particular, the balance between music owners' right to be paid and listeners' right to use downloaded music without infringing copyright.

Software Functionality Not Protected by Copyright (27 July 2012)
The European Court of Justice in a reference for a preliminary ruling recently confirmed that copyright does not protect the functionality of a computer program and programming language.

Scotland Aims to Strengthen FOI Legislation (19 June 2012)
A new bill seeking to strengthen Scotland's freedom of information legislation is being considered by their government.

Websites Forced to Identify Trolls (12 June 2012)
New government proposals, to be added to the Defamation Bill, state that internet 'trolling' victims have a right to know who is behind the malicious comments made about them.

New Plans for Defamation Law and Communications Data (21 May 2012)
Improving the protection of freedom of speech and increasing access to vital communications, including internet use, are proposed in the Queen's speech.

Protection of Freedoms Act 2012 (4 May 2012)
The Protection of Freedoms Act, 2012 achieved royal assent on 01 May 2012.

Digital Economy Act's Anti-Piracy Measured Delayed (1 May 2012)
The Digital Economy Act 2010 was given royal assent late on Thursday, 8 April 2010, following the final reading of the Digital Economy Bill in the House of Commons, the previous night.

New Legal Opinion on Resale of Software (27 April 2012)
A recent Opinion for the European Court of Justice (ECJ) has taken a pragmatic approach to the law surrounding the resale of unwanted computer programs.

Clarification of what is “personal data” in the context of names of junior staff (24 April 2012)
The Information Rights Tribunal has ruled that the names of three junior members of staff who dealt with complaints made to the Financial Services Authority should have been disclosed as part of a Freedom of Information request.

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OER Teaching Resource - Production Flow Diagram

This flowchart highlights steps to follow and relevant permissions required when seeking to release non public material in SCOOTER, an OER.

Creative Commons Licences - are they right for you?
This article provides an introduction to the use of the Creative Commons licence system and sets it in a historical, economic and political context.

WRN Interactive Copyright QuizAs part of the Welsh Repository Network (WRN) project an interactive quiz regarding, copyright implications with multimedia deposits, was created for a repository staff training session.

Vitae Innovate Social Media Handbook
Vitae Innovate has published a 'Handbook of Social Media for Researchers and Supervisors' which is a resource to assist early career researchers and their supervisors adopt social media tools in their research and develop a social media strategy for research dialogues.

Guide to Social Networking in the Workplace

ACAS guide offers practical tips on the impact of social networking on discipline and grievances, bullying, defamation, data protection and privacy.

New Consultation on Cloud Computing

The European Commission has launched a consultation on cloud computing. This will feed into the European cloud computing strategy due to be presented in 2012.

Guidance to Increase Understanding of FOI rights

A dedicated 'one stop shop' has been produced, telling the public about their FOI rights, and a step by step guide on how to use them.

Research Information Management Infokit

This JISC infoNet infokit is an online resource that provides support and guidance to institutions development their RIM systems.

QMUL Research Papers on Cloud Computing

Queen Mary, University of London, have issued a series of papers on the legal issues associated with Cloud Computing.

Cloud Computing Toolkit Available

This toolkit aims to guide information professionals in assessing cloud computing services for information use and storage, including development of a cloud computing strategy.

JISC Summary of "Resources to help combat cybercrime"

With input from JISC Legal, JISC has put out a summary of "Resources to help combat cybercrime" - helping institutions avoid the consequences of being a victim of computer misuse, or being an inadvertent agent in some else's criminal activity.

EU Report Highlights Pros and Cons of Cloud Computing

The European Network and Information Security Agency (ENISA) has published its report ‘Security and Resilience in Governmental Clouds’ which assesses the operational, legal, and security requirements of cloud computing.

JANET Factsheet: Providing Email Addresses for AlumniThis JANET factsheet on providing email accounts for alumni is intended to assist in considering all the potential issues involved, with JISC Legal contribution from a legal perspective.

Tangible Benefits of e-Learning

This publication by JISC infoNet, the Association for Learning Technology and the Higher Education Academy explores whether e-Learning is delivering tangible benefits for learners, teachers and institutions.

The OER IPR Support Project Starter Pack

This collection of materials written by Web2Rights, provides briefings, guides, templates, models and sources of further information in order to assist open educational resource (OER) projects get to grips with intellectual property issues at the outset.

JISC Techdis on Equality Duty (01/10/2010)

JISC Techdis has just released a guidance document on complying with equality duty in which JISC Legal has contributed guidance on the Equality Act 2010.

Copyright in TeachingA resource from the Higher Education Academy English Subject Centre aimed at those developing courses which suggests that it is necessary to consider copyright clearance from the start.

Intangible Assets Network

This website, which is maintained by the Intellectual Property Office provides guidance on intangible assets and how to manage these assets and create value from them - http://www.ipo.gov.uk/ian.htm.

Equality Act 2010 - A Summary Guide for Public Sector Organisations

Guidance for public sector organisationsaims to make current equality law more consistent, clearer and easier to follow in order to make society fairer.

e-Safety Moodle Course - RSC East Midlands

A course designed to introduce tutors and managers to the issues involved in making information technology safe for learners.

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JISC Legal : Management

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

Content

Management