It is essential to consider the legal requirements and responsibilities when creating and utilising resources. The primary legal aspect is intellectual property protection which helps you to stop people stealing or copying your resources or work you have created. (Gov.uk, 2013) This protection must also be considered when using resources that you have not created as it is likely the resource will also be protected by someone else’s intellectual property rights. The most common forms of intellectual property protection are patents, registered design, trademarks and copyright. While all of these are applicable for an academic establishment’s branding, marketing, etc., copyright is the primary protection to consider while creating resources. Copyright is provided automatically to the author for any work that is original and tangible, laid out in the Copyright, Designs and Patents Act 1988. It is essential that all teaching staff are aware that any resources created while employed are owned by the employer as the employer holds the copyright of the work created, this can include patents and trademarks but this would be unusual for teaching resources.
“The period your copyright work is protected for depends on a number of factors such as the type of work you have created and when it was made.” (BBC, 2015), for example, written works are protected for the life of the author plus 50 years, whereas photographs are protected for 25 years after the death of the photographer. Once the copyright period has expired “you cannot stop others using the work and you will have no claim to copyright on the work.” (UKCS, 2004) It is interesting that “the copyright for JM Barrie’s work Peter Pan, was due to expire in 1987 in the UK, but an amendment to the 1988 Copyright Designs and Patents Act (instigated by Lord Callaghan) was passed to allow the copyright to run indefinitely in the UK” (UKCS, 2004).
BBC. (2015, 03 30). What is Copyright? Retrieved from BBC: https://www.bbc.co.uk/copyrightaware/what-is
CLA. (2019, Apr 06). Do you need a CLA licence? Retrieved from The Copyright Licensing Agency: https://www.cla.co.uk/do-you-need-a-licence
Education Recording Agency. (2018). The ERA Licence. Retrieved from Education Recording Agency: https://era.org.uk/
Gov.uk. (2013, 09 27). Intellectual property and your work . Retrieved from Gov.uk: https://www.gov.uk/intellectual-property-an-overview
UKCS. (2004, July 5). Copyright Law fact sheet P-10: Copyright Duration. Retrieved from UK Copyright Service: https://www.copyrightservice.co.uk/copyright/p10_duration