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

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e-Learning

e-Learning can be defined as 'learning facilitated and supported through the use of information and communications technology'. It can cover a spectrum of activities from the use of technology to support learning as part of a 'blended' approach (a combination of traditional and e-learning approaches), to learning that is delivered entirely online. Whatever the technology, however, learning is the vital element.

JISC Legal provides legal guidance for those developing, delivering and managing e-Learning materials.

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Law, Technology and Assessment (14 February 2013)
This paper considers the legal issues which may arise in relation to the use of e-assessment in UK further and higher education.

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.

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.

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.

Law, ICT and Sixth Form Colleges (20 February 2012)
This guidance is intended for staff in sixth form colleges and aims to provide a helpful overview to key legal issues relevant to sixth form colleges in the development and use of ICT.

Security, Mobile Devices and Data Protection (13 February 2012)
This guidance is intended for those in colleges and universities with responsibility for data protection, and for those involved in the introduction and use of mobile devices.

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”).

Recording Lectures and the Law Top Tips (22 December 2011)
These top tips serve as a quick reminder of the main areas to be addressed and sources of help available when recording lectures.

Personal Data and Consent Management: A Briefing Paper (16 November 2011)

This guidance is designed to help institutions deal with consent management when sharing personal data across and between institutions and external service providers.

Facing up to Facebook: A Guide for FE and HE (02 August 2011)

In this guide, you’ll find summaries of the key legal considerations of using Facebook in an FE and HE context.

A simplified step-by-step guide to Copyright Law for FE and HE.

Intellectual Property Law Essentials (14 April 2011)

A simplified step-by-step guide to intellectual property law for UK colleges and universities.

Licensing Your Educational Resources Video (30 March 2011)

Jason Miles-Campbell, our Service Manager, provides an informative video about licensing for educational resources, including what licences are available, and considerations in making the choice.

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 Video (27 October 2010)

This 12 minute video, created for the JISC Innovation and e-Learning Conference 2010, explores FAQs on the legal aspects of recording lectures.

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.

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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.

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.

Ignorance No Defence to Copyright Infringement (27 January 2012)
Belief that copyright permission has been granted is no defence to infringement of copyright if no valid permission was, in fact, given.

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.

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.

Website Blocking Plans Dumped (4 August 2011)
Vince Cable has announced that controversial plans to force ISPs to block websites that host copyright infringing material are to be dumped.

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.

Enforcing Patent and Design Rights has Become Easier (14 June 2011)
A new law that comes into force today (14 June 2011) in England and Wales will make it easier to protect patent and design rights.

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.

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.

Creative Commons is not a Free-for-All (24 January 2011)
In an Israeli court case this month, the user of Creative Commons licensed photographs was found to have infringed copyright by creating and selling collages using those images without complying with the CC BY-NC-ND licence's conditions.

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.

Digital Economy Act Subject to Judicial Review (11 November 2010)
The controversial Digital Economy Act (DEA) is to be reviewed by the High Court and subject to a Parliamentary enquiry

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”.

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Looking for Legal Content? Here's the Map
The Content Map is a new website designed to help users find legal sources for films and tv, ebooks, music, games and sports coverage.

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.

JISC Digital Media - Links

JISC Digital Media - A JISC Advance Service - Links Recording Lectures Webcast

Clashing Cultures: OER and Rights Clearance (or how to save a copyright officer’s sanity)

In the world of intellectual property, there is no getting away from the fact that clearing rights in audio-visual resources is rarely straightforward. However, there’s a lot of good stuff out there that can be incorporated into OER, without the trials and frustrations of content clearance.

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.

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.

Strategic Content Alliance IPR Toolkit

The Strategic Content Alliance has produced a useful IPR toolkit covering the IPR background, practical tools, template policy statements, case studies and links to further reading.

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

e-Learning Newslinks

Improving Access to Copyright Works for Visually Impaired People

The IPO is holding an open meeting to discuss draft WIPO copyright treaty proposals that aim to harmonise copyright exceptions for visually impaired people.

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

Looking for Legal Content? Here's the Map
The Content Map is a new website designed to help users find legal sources for films and tv, ebooks, music, games and sports coverage.

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

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JISC Legal : e-Learning

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

Content

e-Learning

JISC Digital Media - A JISC Advance Service - Links Recording Lectures Webcast