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

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Data Protection Intro

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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Moral Rights and OERs - Overview

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
To 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
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 (20/02/12)
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 (13/02/2012)
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.

Recording Lectures and the Law Top Tips (22/12/2011)
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 (16/11/2011)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 (02/08/2011)

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 (14/04/2011)

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

Licensing Your Educational Resources Video (30/3/2011)

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 (29/3/2011)

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 (15/3/2011)

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 (27/10/2010)

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 (28/07/2010)

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 (23/07/2010)

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

JISC Legal Presentation @ RSC NW Annual Event (22/06/2010)
Service Manager Jason Miles-Campbell presented on the Law and e-Assessment.

Five Top Copyright Tips in 30 Minutes - JISC Legal on RSCtv (09/03/2010)

JISC Legal's Jason Miles-Campbell presented "Five Top Copyright Law Tips for Colleges and Universities" as part of RSC Scotland South & West's RSCtv programme on Tuesday, 9 March 2010..

Five Top Copyright Law Tips Video (09/03/2010)

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

Using Social Networking / Web 2.0 Technologies Lawfully - Presentation (15/12/2009)
Presentation by John X Kelly on Using Social Networking / Web 2.0 Technologies Lawfully at the RSC Scotland North & East Winter Fayre Edinburgh.

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Where does liability lie if an e-thesis is found to infringe the copyright of a third party?
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.

Can library staff scan an article or chapter for a student and send it to them electronically? 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.

Can we record programmes from BBC iPlayer and 4oD for educational purposes?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.

Is it possible to upload film content to our VLE for film and media students to use?
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).

Can an institution stream recordings of broadcasts from its servers or VLE?
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)

What are performance rights and when do they apply?
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.

Are FE and HE institutions required to purchase the MPLC Umbrella Licence to view pre-recorded films in public?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:

Can a college or university stream feature films through its VLE?

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

What are the legal implications of hosting or offering blogs and wikis?

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)

What are the copyright issues in lending Kindles and ebooks to our students?

How can we legally lend digital content to our students via a Kindle?

What issues should we consider before signing-up to a US hosted e-learning service?

What is the legal position concerning the embedding of YouTube videos in a password protected VLE?

What are the legal issues to consider when using an Open Government Licence within OER?

Can a photograph of artwork taken in a museum or gallery be included in an OER?

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

Can a college or university library lend DVDs to staff or students and can these be viewed in the library?

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

Who owns copyright in works created in universities and colleges?

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

Where can we get practical, relevant staff development training on ICT and law issues such as copyright, data protection and e-safety?

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)

Do the legal risks of using Facebook in education outweigh the benefits?

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)

Where can I get more information on writing an e-Safety policy?

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

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Digital Economy Bill: Copyright Infringement Measures (22/01/2010)

Illegal downloading of copyrighted material is being tackled by the UK Government with a new Digital Economy Bill.

Revenge of the Son of Gowers: Copyright Consultation (11/12/2009)

The UK Intellectual Property Office has released for consultation detailed legislative proposals designed to implement the adopted parts of the Gowers Review.

Defamation on the Internet - Consultation (16/09/2009)

The Ministry of Justice seeks views on updating defamation law so it is fit for the modern age.

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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.

A 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.

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e-Learning Newslinks

Creative Commons 4.0 Draft for Comment

Creative Commons is working on the 4.0 suite of licences - a draft is now available.

Protection of Freedoms Act 2012

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

YouTube Contributes to Copyright Infringement Court Rules

A court found YouTube contributed to copyright infringement by its users by failing to act quickly to remove unlawful content after it was notified by rights holders.

EC Consultation on Regulating the Internet of Things

Staff at institutions using mobile devices in teaching and learning may be interested in providing their views on how to regulate wireless networked devices.

View all e-Learning news

Recent JISC Legal Events

Video Introduction - Cloud Computing and the Law Webcast - (30 May 2012, 2pm, Online)

This webcast will examine and clarify the legal challenges for colleges and universities that are using or considering using cloud computing services.

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