Legal Aspects of Openness


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Presentation delivered on 11 June 2013 by Jason Miles-Campbell at the Gregynog Annual Colloquium, Wales.

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  • TurningPointContext of learning. Notice and Take Down, Acceptable Use. “authorise”.
  • Online tools to help – Generator, National Education Network etc (see links on our site)Assess what is working well and what needs further input. Inform all parties of the audit.Prioritise next steps.
  • Likely to be Safeguarding officer or e-Safety OfficerMake someone ultimately responsible for e-safety, for planning, co-ordinating approach, implementation, training and response. Senior member of staff who already has child protection training and knowledge of working with other agencies.Someone approachable, set right tone, strong leadership role.
  • Represent cross section of college community, stakeholders.Consultation, variety of approach.Learner input!Depends on college.
  • Set the ground rules, mitigate liability, make all users aware of limits and boundaries.All staff and students to be aware of rights and responsibilities when using ICTEasily understood by learnersClarify when and in what circumstances it will apply e.g. broad in scope, include mobile technologies, learners hardware (?)Scrutiny by Inspectorate.Link to other relevant policies, particularly AUP – see JISC Legal’s checklist.
  • Think ahead – key to safeguarding.Assess risk in context e.g. off site learning, vulnerable learners, school links etc.What can we do to make it safer?Enhanced procedures for vulnerable learners etc.Consistency crucial.
  • TurningPoint
  • TurningPoint
  • Plug resources – especially top tips and policy checklist as each only one side of A4.Also, video resources useful for Scotland, England, N Ireland, Wales.
  • Legal Aspects of Openness

    1. 1. Legal Aspects of OpennessAvoiding the Off-Licence, Without TearsTuesday, 11 June 2013Gregynog Hall, Somewhere in Wales
    2. 2. Jason Miles-CampbellJisc Legal Service 548 4939Hello!
    3. 3. 3About Jisc Legal• Role: to avoid legal issues becoming abarrier to the use of technology in tertiaryeducation• Information service: we cannot takedecisions for you when you are faced with arisk
    4. 4. Slide 4 of 39Have you heard of Jisc Legal before?1. Hello again, Jason2. Yes, fairly often3. Yes, used occasionally4. Vague acquaintance5. What’s that, then?1. 2. 3. 4. 5.11%19%26%30%15%
    5. 5. Slide 5 of 39When it comes to legal issues...1. I’m confident2. I’ve a fair idea3. I dabble4. I ask others5. I hide in the toilet1. 2. 3. 4. 5.0%7%18%32%43%
    6. 6. 6Your questions
    7. 7. 7Openness and the Law• What does ‘open’ mean legally?• What do you want it to mean?• It’s “open” if you can do what youwant to do with it...?• It’s “open” if you meet someoneelse’s agenda...?
    8. 8. When does ‘open’ matter?Open Educational ResourcesOpen AccessOpen Data
    9. 9. Slide 9 of 39What’s the biggest issue concerning‘openness’?Slide 11 of 271. Legal risk2. Academic culture3. Management culture4. Political will5. Something else...1. 2. 3. 4. 5.22%35%13%13%17%
    10. 10. Strategic Management
    11. 11. Slide 11 of 39Have you published something under anopen licence as part of your job?1. Yes, lots.2. Yes, some.3. I’m not sure.4. No, I have had theopportunity.5. No, my institution doesn’tpermity that.1. 2. 3. 4. 5.0%32%0%52%16%
    12. 12. Get senior managementto take decisions. Andprovide propersupport.
    13. 13. Encourage the use of openresources, software anddata. Familiarity is a goodfirst step.
    14. 14. Encourage a changeof approach increating materials.Think open.Slide 12 of 28
    15. 15. Get the right supportframework in place.
    16. 16. Helping to meetpolitical objectives?Shout about it.Slide 18 of 27
    17. 17. Slide 17 of 39Not everything is clear cut in CC.What should we do about risk?1. 2. 3. 4. 5.0% 0%4%83%13%1. Ignore it2. Eliminate it3. Think about it4. Take steps tomanage it5. Run around screaming
    18. 18. Slide 18 of 39Next steps?1. 2. 3. 4. 5. 6.0%23%0%32%36%9%Slide 23 of 271. Go back and say well done!2. Start a conversation withmanagement3. Re-write a few policies4. Monitor what’s in place already5. Get further support6. Point at the guy/gal over thereand say ‘his problem!’
    19. 19. 19Your questions
    20. 20. Contact Jisc 548
    21. 21. 21Jisc Legal is hosted by the University ofStrathclyde, a charitable body, registered inScotland,with registration number SC015263.This work, with the exception of logos, and any other content marked with aseparate copyright notice, is licensed under a Creative Commons Attribution 3.0Unported Licence. Attribution should be “© Jisc Legal – –used under Creative Commons Attribution 3.0 Unported Licence” (with clickableURLs where possible). The use of logos in the work is licensed for use only onnon-derivative copies. Further information