IPR and licensing: scenarios
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Contents |
OVERVIEW
These scenarios are examples of situations where IPR and licensing issues may arise within public-sector organisations. They are an extract from the Strategic Content Alliance IPR and licensing toolkit prepared by SCA IPR Consultancy led by Naomi Korn and Professor Charles Oppenheim and are licenced for use under the
Scenarios
| Scenario | Toolkit resources | ||
|---|---|---|---|
| A researcher wishes to reproduce third-party content in an article that they are writing and wants to know how they might seek permission | |||
| A historic palace wants to use material produced by volunteers | |||
| A college is planning on digitising its students’ theses, which include a number of works for which the rights holders are unknown or cannot be traced ’orphan works‘. They would like to understand more about how any risks might be managed, where they might look to trace any rights holders and what they might do in order to carry ’due diligence‘ efforts | |||
| A museum wishing to digitise its collection works, many of the rights in which are owned by third parties, needs to know whom should they ask for permission, how and what types of forms and permission agreements should they be using and how should they be managing the rights and permissions once granted | |||
| A teacher in a school wishes to play a film in class, which they have found on an online content sharing site. Would this use be legally permissible and, if not, what should they do about seeking permission? | |||
| A public broadcaster wishes to record a member of the public communicating their views about a particular issue, and wants to know what type of consent they should request | |||
| A curator wishes to document rights and permissions associated with their collections in their collections management system and would like some kind of template | |||
| A member of staff produces work in their own time, which is beyond their job description, which their employer wishes to use. | |||
| A funding body wishes to commission a project, but is unsure of the rights and licensing issues that might arise and what it should be considering | A project manager working in a public-sector organisation wants to create an online wiki for users to contribute content, but is unsure about what measures to put in place to safeguard their organisation in case any of the content is inappropriate or infringes third-party rights | ||
| Several public-sector bodies are working in partnership on a digitisation project. They want to establish a framework that outlines their respective roles and responsibilities, particularly regarding the ownership and use of rights that they bring to the project, as well as those that are generated as a result of the project | |||
| A public-sector body is considering seeking funding for a project, but is unsure of the types of rights and licensing issues that might arise and what its obligations may be | |||
| A library wishes to mass digitise its collection of journals, many of which include publishers who cannot be found or are unknown. They are unsure what they should do | |||
| A university wishes to create a wiki for students to upload course work and comments about work produced by their peers and would like to know whether they need to seek students’ permissions if they wish to reuse any of the content uploaded | |||
| A health library is receiving funding from external sources to create a repository. However, they are unsure whether they can use the funding to seek permissions | |||
| An archive wishes to provide access to its collections under a Creative Commons licence, but it wants clarification about whether it should use it or not, and if so, which type of licence might be the most suitable | |||
| An e-learning specialist wishes to engage with next-generation technologies to create personalised learning spaces and wants to find out the types of IPR and other legal issues that might arise | |||
| A gallery is approached by a film company to make a film on its premises. It is supplied with a standard form, but is unsure about the meaning of some of the terminology that is used | An HR manager wishes to develop an IPR Policy for their public-sector body and wants to refer to some template clauses as a starting point | ||
| A teacher wishes to use photos of children on a website and would like to find out more about some of the issues as well as have access to a model consent form | |||
| A web designer working in a public-sector organisation has been asked to develop an ‘Acceptable Use Policy’ but is uncertain what this means | |||
| A volunteer is producing a learning module for a public-sector organisation and wants to use content that they find on an image-sharing website, together with content found on a social networking site |
Links to IPR Toolkit Resources as PDFs
Reports
Practical tools
3.4 Top Tips for Issuing Licences
3.5 Top Tips for Requesting Licences
3.8 Template Email Permissions Form
3.9 IPR Template Permission Letter
3.10 Rights Management Template
3.12 Model Contractual Clauses for Requesting Permission from Staff
3.13 Example Consortium Agreement
3.14 Model Contractual Clauses for Requesting Permission from Students/Volunteers
3.15 Model contractual clauses for requesting permission from freelancers/subcontractors
3.16 Template Terms and Conditions of Service
Template policy statements
2.1 Draft Institutional IPR Policy Statements
2.2 IPR and Licensing Blue Print for Funding Bodies and Recipients of Funding
Related Digipedia links
IPR and licensing: scenarios
IPR policy statement for the public sector
Orphan works and risk management
Web 2.0 and legal issues factsheet
Further information
General resources
Intellectual Property Office: Overview of the legislative framework and policy issues/developments regarding Intellectual Property Rights
Office for Public Sector Information: Information about Crown Copyright material, click use licence for reusing Crown Copyright material and access to the consolidated copyright legislation.
British Library Business and IP Centre: Provision of resources, support and advice relating to the creation and exploitation of IP within a business context
Licensing schemes and open content licensing initiatives
Copyright Licensing Agency (CLA)
Design and Artists Copyright Society (DACS)
Resources for health professionals
Resources for schools, colleges and universities
JISC Digital Media Online Image Finding Tutorial: Interactive tool providing information about how to find images online which can be used with the least amount of restrictions
Web2Rights Project: JISC funded project providing interactive copyright and other legal issues tools, resources and charts for use by JISC funded projects
JISC Casper: Interactive tools and associated resources for dealing with copyright issues in schools and projects who are reusing content
JISC IPR and Web2.0 Animation: IPR and Web2.0 animation commissioned by JISC and built around the Web2Rights project deliverables
Becta: Information about IPR for schools
JISC IPR Consultancy: Briefing documents about IPR and monthly IPR Newsletter
JISC Open Content Licences Overview Paper: Overview paper providing guidance about the use of open content licences for JISC funded projects
JISC Model Licence Interactive: Interactive tool which provides an overview of the benefits of the JISC Model Licence
TrustDR Project: JISC funded project providing supporting documentation relating to the establishment of a digital rights management system for repositories
JISC Legal: Support for HEIs and FEIs on legal issues
OSS Watch: Support for HEIs and FEIs on open source licences
Resources for the cultural heritage sector
Collections Link: Comprehensive resources relating to IP and licensing for cultural heritage bodies
Harvested links
- Copyright Essentials
- A Collections Trust factsheet providing an introduction to copyright law for the non-specialist collections manager. [?]
- Training Course: Copyright Essentials
- This training course provided by Museums Galleries Scotland offers an introduction to the principles of copyright within the context of caring for collections. It offers basic and practical training, [?]
- New guide to copyright for cultural heritage organisations
- The Collections Trust is delighted to announce the publication of a new guide to copyright for cultural heritage organisations. [?]
- Collections Management Network website
- Collections Management Network (CMNetwork) is a consortium of consultants, advisers and trainers with expertise in collections management. We work together to provide practical, authoritative, cost ef [?] <span id="fck_dom_range_temp_1287584946184_396" />
[[Role::newcomer]] [[Role::strategy manager]] [[Role::policy maker]] [[Role::project manager]] [[Role::content manager]] [[Role::acquisitions manager]] [[Goal::managing]] [[Goal::copyright]] [[Goal::IPR]] [[Goal::legal]] [[Level::basic]] [[Level::medium]] [[Level::deep]]
