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Legally, yes - it's no defence to hide behind a login. And even hidden behind a login you have to ensure only the correct people have access for the correct time for that course.  When we were visited for a CLA compliance check they were entitled to check all material in the VLE!  In practice they were very nice and supportive in telling us where we had done things wrong in the few items they selected - but that was when they were trying to revise the licence agreement and ensure it was workable
Paul

% -----Original Message-----
% From: Virtual Learning Environments [mailto:[log in to unmask]] On
% Behalf Of Adam Marshall
% Sent: 13 January 2010 16:22
% To: [log in to unmask]
% Subject: Re: copyright
% 
% Indeed! We wondered whether "in public" included being behind a
% username and password (which plainly isnt public if the general public
% cannot themselves obtain a username).
% 
% adam
% 
% | -----Original Message-----
% | From: Virtual Learning Environments [mailto:[log in to unmask]] On
% | Behalf Of Charlotte Stock
% | Sent: 13 January 2010 14:39
% | To: [log in to unmask]
% | Subject: Re: [VLES] copyright
% |
% | Thanks for these two useful reference points. What I would like to
% | establish is whether placing a recording on a website or VLE
% constitute
% | a "public broadcast" as referred to in your staff guidelines:
% |
% | "You will infringe an individual's performance rights if, without
% their
% | consent, you record their performance or play a recording (which was
% | made without consent) in public."
% |
% |
% |
% | 	-----Original Message-----
% | 	From: Virtual Learning Environments on behalf of Matt Lingard
% | 	Sent: Wed 13/01/2010 11:59
% | 	To: [log in to unmask]
% | 	Cc:
% | 	Subject: Re: [VLES] copyright
% |
% |
% | 	My colleague Jane Secker has written on this topic & has a new
% | book coming out later this year "Copyright and Elearning".  There's a
% | preview on YouTube: http://www.youtube.com/watch?v=0H6sJYU1uV0
% |
% | 	The advice we currently give to staff can be found here:
% | http://clt.lse.ac.uk/Copyright/index.php
% |
% | 	Regards,
% | 	Matt
% |
% | 	--
% | 	Matt Lingard
% | 	Learning Technologist
% | 	Centre for Learning Technology
% | 	LSE
% |
% |
% | 	On Wed, Jan 13, 2010 at 9:42 AM, Kenji Lamb <klamb@rsc-ne-
% | scotland.ac.uk> wrote:
% |
% |
% | 		Hi,
% |
% | 		I tend to be a little biased when it comes to JISC
% | materials, but I think
% | 		the copyright material on the JISC Collections website
% | might be useful here:
% | 		http://jisc-casper.org/public_repository/schools.html
% |
% | 		(although it mentions 'schools' in the link, it's
% | definitely relevant to
% | 		all)
% |
% | 		;-)
% |
% | 		Kenji Lamb
% |
% | 		e-Learning Advisor (e-Assessment)
% | 		JISC RSC Scotland North & East
% |
% | 		email: [log in to unmask]
% | 		tel: 0131 559 4779 (TypeTalk/Textphone users: 18001 0131
% | 559 4779)
% | 		web: www.rsc-ne-scotland.ac.uk <http://www.rsc-ne-
% | scotland.ac.uk/>
% |
% | 		RSC Scotland North & East
% | 		Edinburgh's Telford College
% | 		350 West Granton Road
% | 		Edinburgh
% | 		EH5 1QE
% |
% |
% |
% |
% | 		-----Original Message-----
% | 		From: Virtual Learning Environments
% | [mailto:[log in to unmask]] On Behalf Of
% | 		Adam Marshall
% | 		Sent: 13 January 2010 09:31
% | 		To: [log in to unmask]
% | 		Subject: [VLES] copyright
% |
% |
% | 		Does anybody have any statements for staff about copyright
% | in the context of
% | 		a VLE, ie, what is and what is not acceptable? Do people
% | take the view that
% | 		it is different when material is within a VLE and is not
% | (generally)
% | 		'public' but is restricted to a small group by username and
% | password?
% |
% | 		There's some obvious cases that we know about, eg, CLA
% | licenced material
% | 		that has been scanned in, Creative Commons licenced
% | material, documents that
% | 		have been written specifically for the course by
% | institutional staff
% | 		members, but what about the classic situation where a
% | lecturer has put their
% | 		Power Point slides into the VLE and the slides contain
% | photos or diagrams
% | 		that have been copied from other websites etc. I'm sure
% | everybody does this
% | 		but do any institutions give guidelines as to what is and
% | is not acceptable
% | 		and does anybody police uploaded material or insist that a
% | 'copyright
% | 		declaration' is completed for all uploaded material?
% |
% | 		adam
% |
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