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enable identification of subjects. In a simplified form the rights information may be available to all users, indicating how visitors may or may not use the information.

4.4 Agreement with the depositor

An agreement between the depositor and the repository must be in place when material is deposited. This should specify that all intellectual property rights have been cleared, or if not, give details of rights cleared and specify the level of risk for any uncleared material. Only material which has been assessed as low risk should be included on open access multimedia repositories.

If rights may be inferred this should be recorded and preferably formalised.

The agreement should also specify the rights that the depositor wishes to retain, mindful of the institution’s policies on IPR. Initially the majority of depositors may say that their material can be accessed and printed but are much more reticent about allowing others to annotate or modify their material. The Rights and Rewards in Blended Institutional Repositories project (http://rightsandrewards.lboro.ac.uk/files/resourcesmodule/@random43cbae8b0d 0ad/1150709518_Final_Report_of_Survey.pdf) found that almost half those participating in the survey would not allow others to sell their material although a third would allow material to be sold under limits or conditions. The project concluded that between 30% and 50% of participants wanted to keep some control over their teaching materials. It is essential that the rights that the individual wishes to retain match the establishment’s policy.

The rights that the depositor or the institution’s policy requires should be clearly expressed and recorded. Again the detailed rights information may only be available to a limited audience but it is likely that a simplified form may be necessary for those visiting the repository, especially in open access areas of the repository, perhaps through a pop-up onscreen information box that the user must accept before being allowed to proceed.

4.5 Publishing or displaying material

Material deposited under the provisions of the education exceptions permitted by the CDPA 1988 should only be available within the establishments to staff or to registered students by authenticated access off-site. This is likely to represent a significant proportion of the material. It will include material under the various certified licensing schemes as they presently operate e.g. broadcasts (on-site only). It should be made clear to users of the repositories that the material is only to be used to prepare for research, or for instruction, for those receiving instruction, and no copies should be made for other purposes, certainly not copying for dealing i.e. ‘sold, let or hire or communicated to the public’. These are considered infringing copies under the legislation.

Currently the certified licensing schemes limit sharing between co-operating educational establishments, even when all establishments have the correct licence in place. The development of an ERA plus licence may ease this situation, at a financial cost.

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