www.jisc.ac.uk/legal 21 January 2003 Introduction to Copyright John Kelly JISC Legal Information Service
More data was created in the last two years than has ever existed before
Not only do we have more information but this information is increasingly being 'born digital'.
Assisting Further and Higher Education Institutions with legal compliance in the Information and Communication Technology ( ICT ) field is in essence what J-LIS does.
The Obligatory Disclaimer!
We cannot offer legal advice -
We can offer/direct you to information
We are not professional lawyers
Each institution is independent
We cannot replace an institution's responsibility to seek professional legal advice
However … we can alert institutions to the fact such advice is required!
Core Areas of Law & Legislation - I
Data protection & privacy
1998 Data Protection Act - records management
Freedom of information
2000 Freedom of Information Act
Human rights & discrimination
1998 Human Rights Act
Disability and the law
2001 Special Educational Needs and Disability Act
“ Education officers in Wirral were contacted by solicitors representing a pair of teenagers who are still at school. They were demanding to know why there parents had not been prosecuted for allowing them to truant”
Reported TES July 2002
Core Areas of Law & Legislation - II
Intellectual property rights (IPR)
1988 Copyright, Designs & Patents Act
2001 EU directive on -
‘ Copyright and the information society’
Monitoring & encryption
Regulation of Investigatory Powers Act 2000
Digital signatures, e-Commerce
Electronic Communications Act 2000
Education Sector today
Cocooned - historically
Evaluating the risks
Putting the risks in context
Email - Web access
Where does responsibility lie?
Core Areas of Law and Legislation - III
ISP liability (internet service provider)
Defamation - Godfrey v Demon
Cybercrime and criminal liability
Computer Misuse Act, pornography etc.
Convergence & e-Commerce
Your Ideas ?
Copyright ( History )
“ An Act for the Encouragement of Learning, by Vesting the Copies of Printed Books in the Authors or Purchasers of such Copies, during the Times therein mentioned.”
Statute of Anne, from 1710.
Statute of Anne - 1710
What is Copyright?
Originality & quality
University of London Press Ltd v University Tutorial Press Ltd 1916
Has to be in a fixed format
Does not cover ideas & facts
Different media & territories
What works does it cover?
Literary, dramatic, musical and artistic works
Broadcasts and cable ‘transmissions’
Films (including on video, DVD etc)
Performances ( ‘live’ theatre, dance, music)
Copyright - Who owns it?
Author, (or first creator)
Assignment of rights
Copyright, Designs and Patents Act, 1988
The Universal Convention
WIPO Treaty of 1996
European Union Copyright Directive
How long does copyright last?
The author(s)/creator(s) lifetime and then:
70 years - literary, dramatic, musical & artistic works
70 years - films
50 years - broadcasts, (TV, sound, cable etc.), computer generated works & performances
25 years - typographical arrangements (from date of publication)
10/15 years - designs (from creation/1st sales)
Only applies to certain purposes:
Research and Private Study
Criticism and Review
Insubstantial Use & Incidental Inclusion
Does NOT cover multiple copying or teaching!
Does apply to digital material
Law firms could be hit by police powers
Law firms are being advised to alert clients, and their own staff, to the dangers of having illegal copyright material on PCs, following the introduction of tougher regulations.
The Copyright, etc. and Trade Marks (Offences and Enforcement) Act 2002, passed last month to amend the Copyright, Designs and Patents Act 1988, gives the police power to secure warrants to search, and seize property from any business they believe is using unlicensed software. Previous powers limited searches to traders and importers of illegal material.
The term 'illegal software' does not only cover pirate copies, but also unlicensed duplicates downloaded onto PCs.
Article Published: 06/09/2002 - Law Gazette
Whether you are an ISP, a VISP or a web host or merely providing chat room or discussion group facilities on your web site, there is a risk that you could be liable for material posted by third parties.