Legal Issues in e-Learning?

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PresenterPresenter

Betty Willder

JISC Legal

www.jisclegal.ac.uk

info@jisclegal.ac.uk

0141 548 4939

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About JISC LegalAbout JISC Legal

• Role: to avoid legal issues becoming a barrier to the use of technology in tertiary education

• Information service

• We cannot take decisions for you when you are faced with a risk

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Legal Issues and e-LearningLegal Issues and e-Learning

• What are the legal Issues

• Focus on copyright

• Conclusions

• Sources of support, info, and resources

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What are the legal issues?

• Data Protection• Intellectual Property• Disability• E-security• Cybercrime• E-commerce

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Introducing CopyrightIntroducing Copyrightand e-Learningand e-Learning

• What do you want?• - to use other people’s text• - to use other people’s images, diagrams and

visual devices generally• - to use other people’s sounds, music, video

and film, broadcasts• - to protect your own creations• - to collaborate with othersAll of the above have IPR implications!

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Obstacles

From rightholders perspective digital =

• Ease of adaptation

• Loss of control of material

• Unattributed use

• Loss of potential income

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Where is the Law?Where is the Law?

• Copyright, Designs and Patents Act 1988, Part I (as amended)

• E.g. Copyright (Visually Impaired Persons) Act 2002

• Copyright and Related Rights Regulations 2003

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What DoesWhat DoesCopyright Cover?Copyright Cover?

• Covers:

• Original literary, dramatic, musical and artistic works

• Sound recordings, films, broadcasts and cable programmes

• The typographical arrangement of published editions

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For How Long?For How Long?

• Literary, dramatic, musical, artistic works:

author’s life + 70 years

• Films: life of ‘creators’ + 70 years

• Other works: creation/release + 50 years

• Typography: publication + 25 years

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Copyright Restricted ActsCopyright Restricted Acts

• (a) to copy the work• (b) to issues copies to the public• (ba) to rent or lend to the public• (c) to perform, show or play to the public• (d) to broadcast to the public• (e) to make an adaptation etc

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Moral RightsMoral Rights

• The paternity right

• The right againstderogatory treatment

• The right againstfalse attribution

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I Just Want Some ContentI Just Want Some Content

• Use out-of-copyright material

• Use ‘open’ licence copyright material(though be aware of conditions!)

• Use copyright exceptions

• Use blanket licence

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I Want THAT ContentI Want THAT Content

• Check it is in copyright

• Consider whether an exception applies

• Consider the use of a blanket licence

• Obtain permission directly

• Do not ignore copyright

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Some Additional Considerations

• Who owns copyright in collaborative work

• Employer/employee copyright ownership

• Commercialisation

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Sources of Support

www.jisclegal.ac.ukBasic information and links including copyright information, publications and links

www.bl.uk/services/information/copyrightfaq.htmlThe British Library’s Copyright office has some good FAQ’s on the 2003 copyright regulations

www.hmso.gov.uk/acts/acts1988/The Copyright designs and Patents Act 1988 (unamended!). Commercial services provide access to amended Act.

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Sources of Support

www.cilip.org.uk/committees/laca/laca.htmlThe Libraries and Archives Copyright Alliance useful information e.g. copyright in the digital environment.

www.patent.gov.uk/The UK Patents Office – where you will find basic information on copyright and other intellectual property rights

www.intellectual-property.gov.uk/The UK Government-backed home of Intellectual Property on the Internet

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Sources of Support

www.cla.co.uk/

The Copyright Licensing Agency

www.kingston.ac.uk/library/copyright/staffStudents.htm

Kingston University London copyright web

pages (useful link to duration flow chart)

www.hefce.ac.uk/pubs/hefce/2003/03_08.htm

HEFCE report “Intellectual Property Rights in e-

Learning Programmes”

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Sources of Support

http://www.patent.gov.uk/about/notices/2002/manip/index.htmManaging Intellectual Property - A guide to strategic decision-making in universities- published by AURIL/UUK/The Patent Office

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Conclusions

• There are legal considerations in elearning• Copyright probably most important – and

least heeded• Consider the legal issues at start of project• Use resources available

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Any questions?Any questions?

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