JISCLegal at OER Startup June 9th 2009
Cloud created by:
9 June 2009
o Are you the owner?
o If not, get permission
o Or use statutory exception
Egs of exceptions – includes copies for viewing, assessment, film making, collections – of these the assessment for examination is probably the most applied in universities. More introductory information (under a fairly open non-CC licence) from the website. An important point he makes is the "licences record agreement; they do not create agreement". So should not assume the license just solves things.
Real issues include ownership – does the individual or institution have ownership. Default is that employer owns – but only if produced in course of work, this raises questions for employees, institutions and contractors. With contractors care is needed to ensure sufficient rights are available to reuse and develop their work. Student work cannot be assumed to be transferred to the institution (such conditions would fail the unfair conditions test). A report on this is available: http://www.jisclegal.ac.uk/publications/studentipr.htm.
And re-licensing – cannot simply put a CC license on other people's work.
Openness has no meaning in itself but Creative Commons tries to address. Conditions are: Attribution (always), +/- Derivatives, +/- Commercial, +/- Share alike. Care is needed with jurisdictions. Data protection issues should be avoided if possible by avoiding personal data (otherwise explicit consent needed). Accessibility law implies that OER need to be open so that they can be used by educational providers – JISC TEchDIS being a good source of information.
JISClegal is 4 lawyers that try to respond to enquiries within 3 days as well as offering podcasts and documents. They will not write documents on behalf of projects though – not their job.
what is personal data? Answer: if that data can be tracked back to a living person then it is personal.
Moral rights? Options: not a legal issue in itself so option to ignore, often better to address and credit people appropriately.