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]
--
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http://www.nationalarchives.gov.uk/palaeography/
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