Appendix 2 - Questions
Questions to determine the status of IPR of material to be included in a multimedia repository. The questions are intended as a general guide for those administering repositories in their institution.
Are there clear terms and conditions of use for the institutional multimedia repository?
Does the institution have a policy about infringements of the law by staff depositing and users of material in the multimedia repository?
Institutional environment in which the multimedia repository operates These questions relate to the institutional environment in which any institutional multimedia repository operates and are a matter of institutional policy. Some establishments have set out their approach to staff intellectual property rights, e.g. Leeds http://www.leeds.ac.uk/research/hbook/ipr3.htm UCL http://www.ucl.ac.uk/staff/resources/copyright-policy/
Does the establishment have an agreed IPR policy?
Does the institution grant copyright, moral rights and performing rights to the individual staff? Does institution have a specified policy on retaining or assigning rights Are there standard forms for staff to assign those rights to the institution, if appropriate? Does the institution have any licences to reproduce material for students and staff?
Is there an easily accessible and clearly stated ‘notice and take down’ policy?
Refer to institution’s documentation, handbooks etc Refer to employment contracts and other documentation Refer to institutional policies
Depending on answer to previous. Refer to Institutional documentation e.g. CLA licence, NLA licence, ERA licence, Open University licence. Refer to Library or person responsible for copyright There should be a policy in the event of someone complaining about material incorporated in the repository. The terms and conditions of use should be easily accessible from any material.
A policy should be available and easily accessible via the repository.
General questions relating to material being deposited These are general questions which apply to most types of materials being deposited.
Does the institution own the copyright or other IPR?
Check actual material.
Does the material being deposited contain any material derived from third party (outside) sources or is it all the depositor’s own work?
Go to questions on relevant type of work.
Is the third party material still in copyright?
Refer to the type of material i.e. does it fall within one of the broad classes protected by