COM531 Multimedia Technologies Lecture 11 – Legal Issues.
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Transcript of 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
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
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