COM531 Multimedia Technologies

Lecture 11 – Legal Issues

Topics Legislation Internal regulation Pitfalls

Copyright Defamation Data Protection Inappropriate activity

Obligations Good practice Compliance

Legislation

Numerous acts to consider Data Protection Act Computer Misuse Act Copyright Intellectual Property Rights DDA and SENDA Plus knowledge of related areas, e.g. equalities and

anti-discrimination legislation Further information from JISC Legalwww.jisclegal.ac.uk

Internal Regulation

JANET AUP – www.ja.net/services/publications/policy/aup.html

Employment contract Institution terms of use Data Protection policy Copyright policy Disciplinary offences – procedure

University of Ulster PoliciesAcceptable Use Code of Practice http://www.ulster.ac.uk/isgsc/documents/

aucop.pdf

Policy overview http://www.ulster.ac.uk/isgsc/policies.php

Student Behaviour Policy http://www.compeng.ulster.ac.uk/studenthandbo

ok/acceptable-behaviour.htm

Copyright

Internet gives unprecedented scope for accessing and distributing material

Software/media files/teaching materials Personal liability

Holds infringing materials in course of business Has reason to believe materials infringe

Institution liability Unlikely to be liable Removal of materials upon discovery

Web sites Copying content, layout, design

University of Ulster Policy

http://www.ulster.ac.uk/copyright.html

Intellectual Property Rights Protects the rights of an author to be recognised for

work created Copyright granted on completion of work

Does not require registration Legally binding worldwide

Subject to international treaties Who owns the work?

The author unless Completed in the course of employment unless Any contrary agreement exists or author

employment terms not set by employer

www.jisclegal.ac.uk/ipr/IntellectualProperty.htm

University of Ulster Policy

http://www.ulster.ac.uk/hr/pdfs/3_3.pdf

Defamation Institution role as Internet Service Provider ISPs are publishers Potential for liability

Web sites and emails Blogs/Social Networking

Defence against liability No reason to believe statement is defamatory Reasonable care taken in relation to publication,

e.g. Notice and Take Downwww.jisclegal.ac.uk/publications/thirdpartycontent.htmhttp://www.jisclegal.ac.uk/Portals/12/Documents/PDFs/GS_Content_Regulation.pdf

THES 17/1/08

Data Protection Obligations to comply

Data Controller - employee Data Processor - employer

Data collection Must be collected for specific purpose Purpose must be disclosed to individual Processing data for other purposes

Web sites Cookies Personal data

www.jisclegal.ac.uk/dataprotection/dataprotection.htm

Inappropriate Activity

Certain activities illegal Child pornography

Contrary to workplace rules Pornography Could constitute harassment

Computer misuse Contrary to copyright laws e.g. KaZaA Personal business Securitywww.jisclegal.ac.uk/cybercrime/cybercrime.htm

DDA and SENDA Disability Discrimination Act, 1995

Special Educational Needs and Disability Act (SENDA), 2002

Institutions should make reasonable adjustments Adjustments should be anticipatory Test cases will set precedentswww.w3.org/WAI/Policy/#UK

Over 200 government policies available on www.opsi.gov.uk/acts/acts2001/ukpga_20010010_en_1

TechDis www.techdis.ac.uk

Good Practice

Internet Browsing What is acceptable?

Discussion boards, blogs etc. Terms of use

Uploading of teaching materials to web site Copyright-cleared

Monitoring the system Security responsibilities passwords

Compliance

Internal Regulations Provide guidance

Codes of conduct Implement and monitor Nardinelli vs. Chevron

Instant Messaging Common sense

No defence against liability

Case Study

Law firm Charles Russell Inappropriate emails between staff regarding

employee Rachel Walker Ms Walker complained

Sex and race discrimination Settled for undisclosed sum

Charles Russell did not admit liability

Summary

Policies required for key areas Implement Keep up-to-date Inform users Monitor

Note legal/moral obligations Encourage compliance