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	<title>Comments on: Publishing on GLOW and the legalities</title>
	<atom:link href="http://alastairturnbull.edublogs.org/2007/01/14/publishing-on-glow-and-the-legalities/feed/" rel="self" type="application/rss+xml" />
	<link>http://alastairturnbull.edublogs.org/2007/01/14/publishing-on-glow-and-the-legalities/</link>
	<description>My Argyll and Bute Glow Mentor blog.</description>
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		<title>By: Jim Henderson</title>
		<link>http://alastairturnbull.edublogs.org/2007/01/14/publishing-on-glow-and-the-legalities/comment-page-1/#comment-291</link>
		<dc:creator>Jim Henderson</dc:creator>
		<pubDate>Thu, 17 Jan 2008 11:41:23 +0000</pubDate>
		<guid isPermaLink="false">http://alastairturnbull.edublogs.org/2007/01/14/publishing-on-glow-and-the-legalities/#comment-291</guid>
		<description>The relevant section is section 39 of the Patents Act 1977

Employees’ inventions
39 Right to employees’ inventions(1)Notwithstanding anything in any rule of law, an invention made by an employee shall, as between him and his employer, be taken to belong to his employer for the purposes of this Act and all other purposes if—
(a)it was made in the course of the normal duties of the employee or in the course of duties falling outside his normal duties, but specifically assigned to him, and the circumstances in either case were such that an invention might reasonably be expected to result from the carrying out of his duties; or
(b)the invention was made in the course of the duties of the employee and, at the time of making the invention, because of the nature of his duties and the particular responsibilities arising from the nature of his duties he had a special obligation to further the interests of the employer’s undertaking.
(2)Any other invention made by an employee shall, as between him and his employer, be taken for those purposes to belong to the employee.
[F1(3)Where by virtue of this section an invention belongs, as between him and his employer, to an employee, nothing done—
(a)by or on behalf of the employee or any person claiming under him for the purposes of pursuing an application for a patent, or
(b)by any person for the purpose of performing or working the invention,
shall be taken to infringe any copyright or design right to which, as between him and his employer, his employer is entitled in any model or document relating to the invention.]</description>
		<content:encoded><![CDATA[<p>The relevant section is section 39 of the Patents Act 1977</p>
<p>Employees’ inventions<br />
39 Right to employees’ inventions(1)Notwithstanding anything in any rule of law, an invention made by an employee shall, as between him and his employer, be taken to belong to his employer for the purposes of this Act and all other purposes if—<br />
(a)it was made in the course of the normal duties of the employee or in the course of duties falling outside his normal duties, but specifically assigned to him, and the circumstances in either case were such that an invention might reasonably be expected to result from the carrying out of his duties; or<br />
(b)the invention was made in the course of the duties of the employee and, at the time of making the invention, because of the nature of his duties and the particular responsibilities arising from the nature of his duties he had a special obligation to further the interests of the employer’s undertaking.<br />
(2)Any other invention made by an employee shall, as between him and his employer, be taken for those purposes to belong to the employee.<br />
[F1(3)Where by virtue of this section an invention belongs, as between him and his employer, to an employee, nothing done—<br />
(a)by or on behalf of the employee or any person claiming under him for the purposes of pursuing an application for a patent, or<br />
(b)by any person for the purpose of performing or working the invention,<br />
shall be taken to infringe any copyright or design right to which, as between him and his employer, his employer is entitled in any model or document relating to the invention.]</p>
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		<title>By: alastairturnbull</title>
		<link>http://alastairturnbull.edublogs.org/2007/01/14/publishing-on-glow-and-the-legalities/comment-page-1/#comment-143</link>
		<dc:creator>alastairturnbull</dc:creator>
		<pubDate>Mon, 15 Jan 2007 11:26:17 +0000</pubDate>
		<guid isPermaLink="false">http://alastairturnbull.edublogs.org/2007/01/14/publishing-on-glow-and-the-legalities/#comment-143</guid>
		<description>Give me a couple od days and I will check it Robert.</description>
		<content:encoded><![CDATA[<p>Give me a couple od days and I will check it Robert.</p>
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		<title>By: Ewan McIntosh</title>
		<link>http://alastairturnbull.edublogs.org/2007/01/14/publishing-on-glow-and-the-legalities/comment-page-1/#comment-142</link>
		<dc:creator>Ewan McIntosh</dc:creator>
		<pubDate>Sun, 14 Jan 2007 18:51:39 +0000</pubDate>
		<guid isPermaLink="false">http://alastairturnbull.edublogs.org/2007/01/14/publishing-on-glow-and-the-legalities/#comment-142</guid>
		<description>In the guidelines we finalise tomorrow for East Lothian Council (they were edited by the blogging community in LTS and in East Lothian beforehand) copyright of blogged material will belong to the blogger. This is an example we in LTS will be recommending Local Authorities take up.

From the point of view of someone who commissions work from around the country for the MFLE website in LTS, I&#039;ve found a change in attitudes over the past two years. More and more Local Authorities see it makes sense to share freely and this, I think, will be the prevailing attitude, if not policy, once Glow kicks in.</description>
		<content:encoded><![CDATA[<p>In the guidelines we finalise tomorrow for East Lothian Council (they were edited by the blogging community in LTS and in East Lothian beforehand) copyright of blogged material will belong to the blogger. This is an example we in LTS will be recommending Local Authorities take up.</p>
<p>From the point of view of someone who commissions work from around the country for the MFLE website in LTS, I&#8217;ve found a change in attitudes over the past two years. More and more Local Authorities see it makes sense to share freely and this, I think, will be the prevailing attitude, if not policy, once Glow kicks in.</p>
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		<title>By: Robert Jones</title>
		<link>http://alastairturnbull.edublogs.org/2007/01/14/publishing-on-glow-and-the-legalities/comment-page-1/#comment-141</link>
		<dc:creator>Robert Jones</dc:creator>
		<pubDate>Sun, 14 Jan 2007 15:29:21 +0000</pubDate>
		<guid isPermaLink="false">http://alastairturnbull.edublogs.org/2007/01/14/publishing-on-glow-and-the-legalities/#comment-141</guid>
		<description>Interesting.... I can&#039;t find any reference on-line to an Employment Act 1977 for the UK or Scotland.  Not that I&#039;m trying to question your contact&#039;s information - I just wanted to find chapter and verse on it.  Can anyone help?</description>
		<content:encoded><![CDATA[<p>Interesting&#8230;. I can&#8217;t find any reference on-line to an Employment Act 1977 for the UK or Scotland.  Not that I&#8217;m trying to question your contact&#8217;s information &#8211; I just wanted to find chapter and verse on it.  Can anyone help?</p>
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