4.1 Review legal requirements and responsibilities relating to the development and use of resources.

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4.1 Review legal requirements and responsibilities relating to the development and use of resources.

There are various laws surrounding this issue, including

 Copyright Design and Patents Act 1988 (CDPA)- Intellectual property law protects the legal rights of creators and owners it enables them to own the work they have create, unless created in the course of employment then Intellectual Property Rights (IPR) belongs to the employer.   However, material produced by students is usually regarded as the property of the student.

The World Intellectual Property Organization (WIPO), suggests laws to enforce intellectual property rights. They state these rights relate to

• literary, artistic and scientific works,
• performances of performing artists, phonograms and broadcasts,
• inventions in all fields of human endeavor,
• scientific discoveries,
• industrial designs,
• trademarks, service marks and commercial names and designation (UWE 2008)

The aim of intellectual property rights is to give the creator certain controls over their work and prevent others copying the work. Some require registration and others such as copyright gain rights automatically on creation. For the purpose of this assignment only issues relating to copyright will be discussed. 

Intellectual property rights are infringed when a product, creation or invention is copied or used without having, permission from the person who owns those rights or their representative. Infringement is a civil matter but may also constitute a criminal offence carrying a potential fine of up to £50,000 and up to 10 years in prison.

Health and safety at Work Act 1974 – all resources need to safe to use and have an adequate risk assessment carried out on it and risks minimized as far as reasonably practicable. An example of how health and safety can determine if an activity runs or not is learners have asked me to teach them pyrography in art. However, the tool used gets VERY hot and the risk associated with this activity are too high so we will never teach our learners pyrography

The Health and Safety (Display Screen Equipment) Regulations 1992 –  this is especially important if learners need to frequently use computers and dictates that a risk assessment should be conducted on the workstation, users take breaks, provide health and safety information, provide adequate furniture (this is a resource) and demonstrate that risks have been minimized

The Personal Protective Equipment at Work Regulations 1992 – eg the use of aprons in cookery group. This dictates that the resource provided should be free and suitable to provide protection for the task.

Manual Handling Operations Regulations 1992 – if the learner has to lift the resource or move it, it must first have been risk assessed and learners should be trained to move the item correctly.

RIDDOR (1995) – If the learner sustains an injury that cause them to be off for over 7 days or if the injury sustained is of a certain type then it must be reported to the HSE

The provision of work Equipment Regulations 1998– all resources need to be safe and suitable for purpose, properly maintained with dangerous parts being protected and that learners have sufficient training to use the resource

Equalities Act 2010 – all resources provided should not discriminate against any group of people, especially for people who fit the 9 protected characteristics criteria. All learners must have equal access to goods and services, and adaptations provided (as long as they are reasonable) to ensure that the learner has equality of opportunity. So for someone with dyslexia it may be required to provide read write software, produce handouts on coloured paper or provide text in large type.

4.2       Analyse the implications of intellectual property rights and copyright for the development and use of resources.

It is essential that Tutors and students comply with the law when using other people’s work, including in the creation of teaching resources to ensure that they do not break the law. Strategies will have to be developed to ensure that whatever type of resource is used complies with its relevant section of legislation. As all our resources for the allotment group are tools and seeds we do not have to consider legislation relating to copyrights for our allotment group. However, we do encourage learners to research ways of producing veg using organic techniques then we trial the suggestions out for their effectiveness

Compliance is important when producing resources as under copyright law copying work in any way e.g., reproducing by handwriting, photocopying, typing or scanning, making a copy of recorded music, broadcasting work by electronic transmission including the internet and making an adaptation of the work is forbidden without prior permission. In relation to cookery all of our recipes are credited from their source even if the recipe is subsequently amended.

The most complicated laws to adhere to are in relation to some of the resources required for art groups. Images must be stock images if they are to be recreated. This then means that we have automatic permission to use this as a resource. Learners are permitted to conduct image searches on the internet to look for inspiration, but if we do not have the express permission from the creator (this includes photographic images) learners can’t copy the resource. Any item that learners create in art group automatically becomes copyrighted to the learner. It is very important to teach learners from the start the basics of not copying other people’s work and how others cannot copy them.

Any licenses brought such as the online food hygiene course that we offer as an option these also have to be fully accredited and not changed in any way.

References

• Gov.uk (2014) Intellectual property crime and infringement [online] https://www.gov.uk/intellectual-property-crime-and-infringement (accessed 12/12/16)
• ICO (no date) Intellectual property rights (regulation 12(5)(c)) [online] https://ico.org.uk/media/for-organisations/documents/1632/eir_intellectual_property_rights.pdf (accessed 12/12/16)
• JSIC (2014) Intellectual Property Law Essentials [online] http://www.jisclegal.ac.uk/ManageContent/ViewDetail/ID/3579/Intellectual-Property-Law-Essentials-3-June-2014.aspx (accessed 12/12/16)
• Ramen. K (2014) PROTECTING INTELLECTUAL PROPERTY RIGHTS THROUGH INFORMATION POLICY [online] http://ubiquity.acm.org/article.cfm?id=1008537 (accessed 12/12/16)
• UWE (2008) Intellectual Property Policy and Regulations (including the UWE policy relating to physical materials)[online] file:///C:/Users/mel/Downloads/Intellectual-Property-Policy-and-Regulations.pdf (accessed 12/12/16)