Transcript Lec11 Legal Issues

COM531 Multimedia
Technologies
Lecture 11 – Legal Issues
Topics
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Legislation
Internal regulation
Pitfalls
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Copyright
Defamation
Data Protection
Inappropriate activity
Obligations
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Good practice
Compliance
Legislation
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Numerous acts to consider
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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 Legal
www.jisclegal.ac.uk
Internal Regulation
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JANET AUP –
www.ja.net/services/publications/policy/aup.html
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Employment contract
Institution terms of use
Data Protection policy
Copyright policy
Disciplinary offences – procedure
University of Ulster Policies
Acceptable Use Code of Practice
 http://www.ulster.ac.uk/isgsc/documents/auco
p.pdf
Policy overview
 http://www.ulster.ac.uk/isgsc/policies.php
Student Behaviour Policy
 http://www.compeng.ulster.ac.uk/studenthand
book/acceptable-behaviour.htm
Copyright
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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
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http://www.ulster.ac.uk/copyright.html
Intellectual Property Rights
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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
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http://www.ulster.ac.uk/hr/pdfs/3_3.pdf
Defamation
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Institution role as Internet Service Provider
ISPs are publishers
Potential for liability
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Web sites and emails
Blogs/Social Networking
Defence against liability
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THES 17/1/08
No reason to believe statement is defamatory
Reasonable care taken in relation to
publication, e.g. Notice and Take Down
www.jisclegal.ac.uk/publications/thirdpartycontent.htm
http://www.jisclegal.ac.uk/Portals/12/Documents/PDFs/GS_Content_Regulation.pdf
Data Protection
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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
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Certain activities illegal
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Contrary to workplace rules
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Child pornography
Pornography
Could constitute harassment
Computer misuse
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Contrary to copyright laws e.g. KaZaA
Personal business
Security
www.jisclegal.ac.uk/cybercrime/cybercrime.htm
DDA and SENDA
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Disability Discrimination Act, 1995
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Special Educational Needs and Disability Act
(SENDA), 2002
Institutions should make reasonable
adjustments
Adjustments should be anticipatory
Test cases will set precedents
www.w3.org/WAI/Policy/#UK
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Over 200 government policies available on
www.opsi.gov.uk/acts/acts2001/
ukpga_20010010_en_1
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TechDis
www.techdis.ac.uk
Good Practice
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Internet Browsing
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Discussion boards, blogs etc.
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Terms of use
Uploading of
teaching materials
to web site
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What is acceptable?
Copyright-cleared
Monitoring the system
Security responsibilities passwords
Compliance
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Internal Regulations
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Codes of conduct
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Provide guidance
Implement and monitor
Nardinelli vs. Chevron
Instant Messaging
Common sense
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No defence against liability
Case Study
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Law firm Charles Russell
Inappropriate emails between staff regarding
employee Rachel Walker
Ms Walker complained
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Sex and race discrimination
Settled for undisclosed sum
Charles Russell did not admit liability
Summary
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Policies required for key areas
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Implement
Keep up-to-date
Inform users
Monitor
Note legal/moral obligations
Encourage compliance