I am probably missing the point here but surely whether something is published or not is irrelevant under FOI. If info is held then it is subject to FOI.
In a way this argument is probably academic ('scuse pun) as PhD theses are lodged with the British Library and therefore it is only undergraduate dissertations that are taxing me at the moment. I suspect that few people will be interested in such things as the majority are not ground breaking.
The reason that we retain (a sample of) dissertations is so that current students can have some idea of what a dissertation is (structure, form etc). We have already decided that we will only select those that do not have confidential or commercially sensitive information anyway so although I fully take the point regarding exemptions, I don't expect them to apply in this case.
I'm afraid my knowledge of CDPA is lacking as it is in the area of library and archiving regulations
Mandi Barron
Assistant Registrar (Regulation) and Information Officer
Registry
Bournemouth University
HR 108, Heron House
10 Christchurch Road
Bournemouth BH1 3NA
Tel: (01202) 964783 Fax (01202) 963869 email: [log in to unmask] <mailto:[log in to unmask]>
________________________________
From: This list is for those interested in Data Protection issues on behalf of Laurence Bebbington
Sent: Wed 03/08/2005 15:55
To: [log in to unmask]
Subject: Re: [data-protection] dissertations and copyright
While the DCA considers that copyright is trumped by FoI (a view which could yet be tested in court) the issue here surely is that copyright remains a factor in the way that a copy - if indeed a copy even needs to be provided in the first place - is made available. Most dissertations are likely to be, and will remain, unpublished works. An educational/archival institution, therefore, if it chooses to supply a copy of a dissertation might choose do so by using the provisions in the CDPA 1988 relating to unpublished works where that institution is covered by the provision in the CDPA 1988 - and most universities etc. will be covered. The provision is supplemented by requirements as to form, charging etc. by the 1989 library and archive regulations. In my view copyright officers in institutions are probably right to at least ask their FoI officers to consider that provision of unpublished works in response to FoI enquiries is done via this route. It is the obvious route to use and FoI enquirers could be advised that this is the route by which such items will be supplied in response to FoI requests. People may wish to debate whether or not this discharges responsibilities under the Act but I myself cannot see why it should not.
On a related point. If the dissertation or thesis has actaul or potential commercial value or is a work intended for future publication (e.g. a PhD thesis), or contains embargoed material then the institution should probably consider whether or not an exemption could/should apply. In this case the question is begged - can the institution second-guess the author on the likelihood of future publication? This might delay responding to requests within the time limit since in some instances the opinion of the author of the dissertation or thesis might be needed about the application of exemptions. Some authors of PhDs, for example, might consider that future commercial publication is prejudiced by provision of copies of their thesis under the FoI route while they are revising or preparing for publication. Yet they may have no clear publication date. It might be pertinent to note that the CDPA 1988 provisions allow discretion in the supply of an unpublished work - an institution is not obliged to supply a copy of an item to a requester. Therefore, the application of possible exemptions under FoI are rather important.
If institutions think that FoI covers provisions of such unpublished dissertations, theses etc. then they may have to look at the information that they provide to students submitting works and their procedures realting to non-supply of copies under FoI.
Hope this helps.
Laurence
Laurence W. Bebbington
Team Leader (Law)/IS Copyright Officer
Hallward Library
Information Services
The University of Nottingham
University Park
Nottingham
NG7 2RD
Tel: 0115 95 14568
>>> "Healy, Susan" <[log in to unmask]> 03/08/05 10:45:13 >>>
have you looked at the DCA's procedural guidance on FOI? Here is a link to chapter 8 - see text about copyright there.
http://www.foi.gov.uk/guidance/proguide/chap08.htm
Susan Healy
The National Archives
www.nationalarchives.gov.uk
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]]On Behalf Of Mandi Barron
Sent: 03 August 2005 10:31
To: [log in to unmask]
Subject: Re: [data-protection] dissertations and copyright
I agree with you and it was certainly the impression I got form workshops I attended last year, however those with responsibility for copyright in my organisation don't. I say FOIA takes precedence - they say CPDA, hence my reason for wanting some definitive guidance from the OIC (or elsewhere)
Mandi Barron
Assistant Registrar (Regulation) and Information Officer
Bournemouth University, Registry
HR108, Heron House, 10 Christchurch Road
Bournemouth, BH1 3NA
tel: +44 (0) 1202 964783 fax: +44 (0) 1202 963869
email: [log in to unmask]
-----Original Message-----
From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Healy, Susan
Sent: Wednesday, August 03, 2005 10:28 AM
To: [log in to unmask]
Subject: [data-protection] dissertations and copyright
I understand that the making and supply of a copy are specifically authorised by the FoIA so the supply under FoI of a copy of an exam script using a copyright work should not infringe, even if the use in the exam itself was covered by a different copyright exception. There is nothing to stop different copyright exceptions applying to the same thing at different times or even at the same time.
Susan Healy
The National Archives
having consulted a colleague better versed in copyright than I am
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]]On Behalf Of Mandi Barron
Sent: 03 August 2005 10:01
To: [log in to unmask]
Subject: Re: [data-protection] ICO good practice guide
We've been battling with dissertations for a few months now. Fundamentally we agree that they should be disclosed under FOIA, problems are arising due to copyright issues. You may use copyrighted information without permission for an examination and a dissertation is classed as an examination. By making the copyrighted info available to a 3rd party though you are breaching the CDPA. Ho hum... The OIC has been promising some guidance for this for over a year now and I'm reliably informed it is on its way but I'm not holding my breath.
Re assignments and exam scripts, I take the same view as you Rob and I think that I have finally managed to convince my colleagues also. Historically I believe they were treated differently as exams counted towards final awards whereby essays generally did not. As most programmes are now assessed by a mix of both I think they should be treated the same. We routinely hand back essays and other coursework and I would like to do the same with exam scripts - however there are resource implications and so we generally only provide these on request. Until now we have been charging a £10 SAR but I feel we are probably on sticky ground here
Mandi
Mandi Barron
Assistant Registrar (Regulation) and Information Officer
Bournemouth University, Registry
HR108, Heron House, 10 Christchurch Road
Bournemouth, BH1 3NA
tel: +44 (0) 1202 964783 fax: +44 (0) 1202 963869
email: [log in to unmask]
--
Learn to read old handwriting
http://www.nationalarchives.gov.uk/palaeography/
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>>> "Healy, Susan" <[log in to unmask]> 03/08/05 10:45:13 >>>
have you looked at the DCA's procedural guidance on FOI? Here is a link to chapter 8 - see text about copyright there.
http://www.foi.gov.uk/guidance/proguide/chap08.htm
Susan Healy
The National Archives
www.nationalarchives.gov.uk
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]]On Behalf Of Mandi Barron
Sent: 03 August 2005 10:31
To: [log in to unmask]
Subject: Re: [data-protection] dissertations and copyright
I agree with you and it was certainly the impression I got form workshops I attended last year, however those with responsibility for copyright in my organisation don't. I say FOIA takes precedence - they say CPDA, hence my reason for wanting some definitive guidance from the OIC (or elsewhere)
Mandi Barron
Assistant Registrar (Regulation) and Information Officer
Bournemouth University, Registry
HR108, Heron House, 10 Christchurch Road
Bournemouth, BH1 3NA
tel: +44 (0) 1202 964783 fax: +44 (0) 1202 963869
email: [log in to unmask]
-----Original Message-----
From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Healy, Susan
Sent: Wednesday, August 03, 2005 10:28 AM
To: [log in to unmask]
Subject: [data-protection] dissertations and copyright
I understand that the making and supply of a copy are specifically authorised by the FoIA so the supply under FoI of a copy of an exam script using a copyright work should not infringe, even if the use in the exam itself was covered by a different copyright exception. There is nothing to stop different copyright exceptions applying to the same thing at different times or even at the same time.
Susan Healy
The National Archives
having consulted a colleague better versed in copyright than I am
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]]On Behalf Of Mandi Barron
Sent: 03 August 2005 10:01
To: [log in to unmask]
Subject: Re: [data-protection] ICO good practice guide
We've been battling with dissertations for a few months now. Fundamentally we agree that they should be disclosed under FOIA, problems are arising due to copyright issues. You may use copyrighted information without permission for an examination and a dissertation is classed as an examination. By making the copyrighted info available to a 3rd party though you are breaching the CDPA. Ho hum... The OIC has been promising some guidance for this for over a year now and I'm reliably informed it is on its way but I'm not holding my breath.
Re assignments and exam scripts, I take the same view as you Rob and I think that I have finally managed to convince my colleagues also. Historically I believe they were treated differently as exams counted towards final awards whereby essays generally did not. As most programmes are now assessed by a mix of both I think they should be treated the same. We routinely hand back essays and other coursework and I would like to do the same with exam scripts - however there are resource implications and so we generally only provide these on request. Until now we have been charging a £10 SAR but I feel we are probably on sticky ground here
Mandi
Mandi Barron
Assistant Registrar (Regulation) and Information Officer
Bournemouth University, Registry
HR108, Heron House, 10 Christchurch Road
Bournemouth, BH1 3NA
tel: +44 (0) 1202 964783 fax: +44 (0) 1202 963869
email: [log in to unmask]
--
Learn to read old handwriting
http://www.nationalarchives.gov.uk/palaeography/
*********************************************************************
National Archives Disclaimer
This e-mail message (and attachments) may contain information that is confidential to The National Archives. If you are not the intended recipient you cannot use, distribute or copy the message or attachments. In such a case, please notify the sender by return e-mail immediately and erase all copies of the message and attachments. Opinions, conclusions and other information in this message and attachments that do not relate to the official business of The National Archives are neither given nor endorsed by it.
**********************************************************************
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