The information included below is general information that deserves consideration in the development and delivery of technology based learning. Some of the sites provide access to advice however any specific advice should be sought from a legal adviser.
Background
Since the implementation of online delivery and the increase in development and dissemination of technology based learning it has become increasingly more important that the stakeholders involved are aware of the legal requirements associated with digital resource development and management.
There are many resources available to assist and guide stakeholders who are delivering and developing technology based learning. This article aims to briefly outline some of the resources available to practitioners, developers, technical staff, librarians and managers.
The regulation and monitoring of intellectual property relating to technology based learning is multi-dimensional in that it aims to encourage creativity and innovation of resources, encourage the use and dissemination of this material yet protect the owners and creators of these resources.
Statutory forms of protection for technology based learning resources
As a teacher, web developer, student or anyone involved in online learning it is necessary to keep up-to-date with the changes that are taking place in intellectual property. There are many aspects that you will need to consider whatever role you play in the provision of technology based learning, including the many different statutory regulations that inherently protect these resources, including:
Copyright
The Copyright Act (1968) has been revised to include the following Acts:
- Copyright Amendment (Computer Programs) Act 1999;
- Copyright Amendment (Digital Agenda) Act 2000;
- Copyright Amendment (Moral Rights) Act 2000; and the
- Copyright Amendment (Parallel Importation) Bill 2001.
Digital Rights Management
Organisations are increasingly becoming aware of the need for Digital Rights Management. The Department of Communications, Information Technology and the Arts (http://www.dcita.gov.au) has developed a Digital Rights Management Guide which outlines many of the legal, technical and commercial aspects for consideration by developers and users of digital content material.
This guide provides the legal aspects of digital rights management, case studies, tools and templates to use when creating material or when requesting moral rights clearance, formatting and a host of other information.
The Department of Communications, Information Technology and the Arts also has a range of IP resources relating to digital and online issues and policies. These can be accessed at http://www.dcita.gov.au
Moral Rights
Moral rights protect the rights of the author by maintaining:
- The right of attribution. This is the right of the author to have their work acknowledged;
- The right of the author not to have work falsely attributed. This gives authors the right not to have their name on work when they are not the author; and
- The right of integrity. This protects the authors’ by not having their work altered or modified in a way that is derogatory.
For more information on Moral Rights go to:
IP Toolbox
IP Australia has an IP Toolbox which outlines ways to identify and protect IP in your organisation. There are also a number of other related resources available on this site http://www.ipaustralia.gov.au.
Australian Copyright Council
The Australian Copyright Council offers a range of information and services, including information sessions, advice and information sheets. http://www.copyright.org.au
If you have questions such as
- Who owns or how to protect the resources you have created and put on the web?
- The use of information or documents off the web to develop resources?
- What if you wanted to use music that was on the web or to put music onto your site or to simply link to another site?
- If you were creating materials to put on the web, are there particular questions you have about ownership, protection of and usage of materials and gaining permission?
- Do you wonder about the use of materials off the web when developing training materials?
- What if you wanted to use or copy material off the web – do you know if this is possible or how to gain permission?
- Do you know about parallel importation? or
- As a graphic designer do you know who owns the work you produce?
If you need to access information on some of these issues you would find the Australian Copyright Council http://www.copyright.org.au information sheets have a variety of information relating to issues, such as:
G57 Websites: creating and publishing on the internet - this outlines information on copyright protection for a website, ownership of copyright in a website and a range of other questions;
G37 Training materials: legal protection which outlines ownership of training materials, use of screen dumps, clipart, cartoons and a range of related issues;
G56 Internet: copying from - this looks at ownership and the usage of material downloaded from the internet and other copying and reproduction related issues;
G61 Importing copyright items includes issues related to importing computer programs, computer games and gaining permission;
G75 Graphic designers outlines copyright ownership and issues relating to commissioned works, use of photographs, clip art and seeking permission for usage; and
G50 Computer software and copyright which outlines technological protection measures, electronic rights management information, writing programs and other associated information.
Further information on Copyright can be gained from a number of sites, including:
Other forms of intellectual property that you might want to access during the development and delivery of technology based learning, include:
Trade Marks
Trade Marks Act (1995) Cth
If you require information on:
- Defining trade marks;
- Using a trade mark in your work; or
- Want to access frequently asked questions about trade marks.
This information can be accessed at IP Australia http://www.ipaustralia.gov.au
Patents
Patents Act (1990) Cth
If you require information on:
- Patents for technology including software;
- How patents affect you;
- Want to access databases; or
- Want to access frequently asked questions about patents.
This information can be accessed at IP Australia http://www.ipaustralia.gov.au
Designs
Designs Act (1906) Cth has been updated and a new Act came into effect on 17 June, 2004.
If you require information on:
- What constitutes a design;
- How to register a design;
- How this new Act impacts on technology based learning;
- If you can use someone’s designs; or
- If you want to access the frequently asked questions about designs.
This information can be accessed at IP Australia http://www.ipaustralia.gov.au
Legal issues in Flexible Learning project
http://www.flexiblelearning.net.au/legal
In 2002, ANTA/FLAG commissioned a project to inform the vocational education and training sector about the legal issues associated with flexible delivery. This project was developed to raise legal awareness on topics such as privacy, intellectual property (copyright), contracts and e-commerce. Information was developed specifically for flexible learning practitioners, managers, web developers and librarians in the form of booklets. These booklets contain a range of scenarios and legal responses for each stakeholder group. A website: http://www.flexiblelearning.net.au/legal was also developed and includes a range of resources including the information kit (with the booklets) and a range of stakeholder questions and legal answers compiled from people involved in flexible learning in the VET sector. The information in each of the booklets can be downloaded.
Websites for accessing these resources:
- AEShareNet: http://www.aesharenet.com.au . This site provides information on trading and sharing learning materials, copyright and licensing information.
- Australian Copyright Council: http://www.copyright.org.au. This site offers a range of resources including advice, information sessions, information sheets and links.
- Department of Communications, Information Technology and the Arts – http://www.dcita.gov.au. This site offers information on digital rights management and a range of other intellectual property policies and advice.
- Attorney-Generals Department - http://www.ag.gov.au. This site Australian Law Online has information on a range of IP issues.
- IP Australia – http://www.ipaustralia.gov.au This site offers a range of information on current IP issues.
- World Intellectual Property Organisation – http://www.wipo.int/sme. This site offers a range of resources and information.
References
Attorney-Generals Department -
http://www.ag.gov.auAustralian Copyright Council:
http://www.copyright.org.au.
Australian Flexible Learning Framework – ANTA
http://www.flexiblelearning.net.au/legalButterworths Intellectual Property Collection, 2003, Butterworths, Sydney
Department of Communications, Information Technology and the Arts –
http://www.dcita.gov.au Fitzgerald, Anne, 2002, Second edition, Intellectual Property, Lawbook Company, Sydney
Reynolds, R & Stoianoff, N, 2003, Intellectual Property, Federation Press, Sydney
IP Australia –
http://www.ipaustralia.gov.au 
