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

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Repositories

The term “e-repository” is used to describe various methods for capturing and preserving the intellectual output of the educational community. The structure of an e-repository is based on the information stored in it and the specific informational service offered by it. In this section JISC Legal provides guidance on the legal aspects of repositories.

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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.

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.

Creative Commons Terminology Guide (27 January 2012)
Creative Commons (CC) is a US based charitable corporation. It is also a network of volunteer organisations around the globe that work independently but in coordination with each other to promote the use of CC licences. CC licences are standardised copyright licences which grant permission to use copyright works, in accordance with the particular standard set of conditions selected by the copyright owner (“licensor”).

Strategic Management of IPR for OER in UK HE (29 March 2011)

This paper is written in the context of the JISC and Higher Education Academy Open Educational Resources Programme (Phase 2), and aims to address some of the background issues regarding management of intellectual property rights (IPR) in UK universities.

Legal Aspects of the Use of Child Images in OERs (15 March 2011)

This paper considers the legal issues which arise in relation to the taking of or possession of images (still and moving) of children for use in an Open Education Resource.

Recording Lectures: Legal Considerations (28 July 2010)This guidance examines the legal implications of recording lectures at UK FE and HE institutions, focusing mainly on the issues of copyright and consent.

The Digital Economy Act 2010: Implications for UK Colleges and Universities (23 July 2010)

This guidance document examines the Digital Economy Act 2010 and its implications for universities and colleges in the UK.

Five Top Copyright Law Tips Video (9 March 2010)

This useful presentation is a recording of Jason Miles-Campbell on RSC TV.

Transfer and Use of Bibliographic Records - a New Resource (16 February 2010)

JISC Legal are pleased to host a new resource on the Transfer and Use of Bibliographic Records: Guidance on Legal Issues. It has been created by Curtis+Cartwright in partnership with Naomi Korn, with funding from JISC.

Lifelong Learning and Workforce Development (6 March 2009)

JISC Legal's support for projects and others in the areas of Institutional Innovation, Lifelong Learning and Workforce Development.

e-Repositories and the Law - Deposit Checklist (10 September 2007)

Checklist of relevant questions to be asked in accepting material for use in an e-repository.

e-Repositories and the Law Essentials (10 September 2007)

Essentials guide for practical legal information on the laws in the UK affecting e-repositories.

Legal Aspects of e-Repositories and e-Collections (10 September 2007)

Basic introduction to the establishment, development and administration of online repositories in FE and HE.

Data Retention Directive Overview (21 June 2007)
This overview paper briefly clarifies the current situation with regard to retention of communications traffic data by certain UK organisations.

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.

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.

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.

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

Protection of Freedoms Bill (13 October 2011)
Proposals in the Protection of Freedoms Bill include amending the Freedom of Information Act 2000 to create a new ‘right to data’ so that government-held datasets can be requested and used by the public.

This article examines the potential impact on HE and FE institutions of the EU Directive that extends the term of protection for performers and sound recordings to 70 years and which came into force on 31 October 2011.

INSPIRE Regulations 2009 (14 September 2011)
Came into force on 31 December 2009.

Newspaper Headlines Can Attract Copyright Protection (31 August 2011)
(NLA) v Meltwater - In the particular circumstances of commercial news headlines and their monitoring and copying for commercial gain much of the content will attract copyright protection.

UK to Modernise Intellectual Property Laws (3 August 2011)
Recommendations made by the Hargreaves review of intellectual property and growth have been accepted by the Government.

What's Personal and What's Anonymous Data? (16 June 2011)
A data controller is able to anonymise originally-personal data to make it free of data protection law constraints.

Proposed New EU Rules to have Child Pornography Online Deleted (16 February 2011)
The EU has taken a step towards common rules for cracking down on those who sexually abuse children and post images of the abuse on the internet.

Defamation Bill 2011 (11 February 2011)
This bill seeks to amend current defamation legislation and is progressing through Parliament. The main focus of the bill is to make sure that defamation legislation is fit for modern times.

Making Available Online Occurs Where Servers are Based (25 January 2011)
The High Court recently decided, in relation to copyright law, that the term ‘making available’ to the public, that the 'making available' happens where the servers send the files, rather than where received.

Newspaper Publishers’ Web Content Protected by Copyright Law - NLA v Meltwater (2 December 2010)
This significant case confirms that copyright can subsist in a newspaper headline. It also confirms that a user that pays for a web monitoring service requires a licence from the newspaper or the NLA.

Copyright Laws Fit for Internet Age (5 November 2010)
A recent official announcement by David Cameron states UK intellectual property laws are to be reviewed to make them “fit for the internet age”.

What Constitutes Personal Data? (6 October 2010)
Data protection law needs to provide more clarity on what actually constitutes personal data.

Wanted - Your Views on New Public Sector Equality Duty (20 August 2010)
A consultation by the GEO seeks views on proposals for draft regulations on the new public sector equality duty.

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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.

Sound Recordings and Copyright
This resource, by Tony Kent, aims to provide basic copyright information to guide those involved in the restoration and remastering of old sound recordings.

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.

Freedom of Information Top Tips

Information Commissioner publishes top tips on freedom of information for public authority communications professionals.

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.

OER IPR Support Launched

This project will provide IPR and licensing support for JISC/HEA funded OER Phase 2 projects with particular emphasis on the use of Creative Commons Licences.

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.

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.

Eversheds' Intellectual Property Workbook - A Researcher’s Guide

This IP Workbook, from Eversheds LLP solicitors, contains practical examples, questions and scenarios on a range of commercially related topics with an intellectual property (IP) dimension.

This useful presentation is a recording of Jason Miles-Campbell on RSC TV.

Test Your Multimedia Copyright Knowledge

The Welsh Repository Network has published a learning tool to help you consider some of the copyright issues for multimedia respositories.

Code of Practice for Archivists and Records Managers (01/08/2007)

Generic guidance (widely applicable) together with sections devoted to the effect of the Act on the functions and activities associated with the work of Records Managers and Archivists.

Repositories Newslinks

Microsoft and Janet Cloud-based IT Services Agreement

This new agreement enables students, staff and researchers at institutions across the UK to benefit from a faster and more secure connection when using their institution’s cloud-based IT services.

New Bill Seeks to Reform UK IP Laws
A new Intellectual Property Bill proposes changes to the UK's intellectual property regime.

The Enterprise and Regulatory Reform Act 2013
The Enterprise and Regulatory Reform Act 2013 (ERRA) received Royal Assent on 25 April 2013.

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

The regulations seek to ensure that the Legal Deposit Libraries (LDLs) can provide a national archive of the UK’s non-print published material.

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

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Repositories