Posted By Geoff Burt Maybe a little harsh but one idea has come out of it that I perhaps IOSH should consider. How about a similar site as Paul's (and others) under the auspices of IOSH eg a place for the members (and any others in H&S) to contribute and to be able to download safety guidance, presentations and the rest. Geoff

Posted By Arran Linton - Smith Whilst I do not disagree with the spirit of Paul’s web-site, there is also the legal issue of ownership of copyright laid out in Section 11 (2) of the Copyright, Designs and Patents Act 1988, which has not been identified on this forum.

Posted By Philip McAleenan Alan, 11.—(1) The author of a work is the first owner of any copyright in it, subject to the following provisions. (2) Where a literary, dramatic, musical or artistic work is made by an employee in the course of his employment, his employer is the first owner of any copyright in the work subject to any agreement to the contrary. This is the section that Arran refers to. In essence what it means is that if as part of his employment, and employee develops apiece of work for his employer, or to carry out his duties for his employers, then the copyright of that work belongs to the employer UNLESS there has been an agreement between the employer and employee that the copyright belongs to the employee. I think that Arran’s concern is that some of the works submitted to Paul’s site may have been developed by employees in the course of their employment for which there is no agreement with their employer regarding copyright ownership residing in the employee. 16.—(2) Copyright in a work is infringed by a person who without the licence of the copyright owner does, or authorises another to do, any of the acts restricted by the copyright. This section refers to persons who authorise others to publish works without the permission of the copyright owner. Such persons are infringing the copyright. As to whether the publisher of the material is infringing the copyright this is covered by: 23. The copyright in a work is infringed by a person who, without the licence of the copyright owner— (a) possesses in the course of a business, (b) sells or lets for hire, or offers or exposes for sale or hire, (c) in the course of a business exhibits in public or distributes, or (d) distributes otherwise than in the course of a business to such an extent as to affect prejudicially the owner of the copyright, an article which is, and which he knows or has reason to believe is, [my italics] an infringing copy of the work. Thus the publisher of material is in breach if he knows or has reason to believe that the material is copyrighted to another party who has not given permission for it to be published. Thus those who offer material to another on the internet for publication must be themselves assured that they either own the copyright of that material or that they have the permission of the copyright owner to submit the material for publication. Those who publish material offered to them should seek re-assurances from the contributor that they own the copyright of the material or have permission of the copyright owner. Where they have a doubt as to the licence to publish they should withhold publication and seek further assurances before proceeding. As to Paul’s site, I cannot comment as I do not know what re-assurances he has sought from his contributors, but his principals are to be lauded and every assistance offered to him and other who wish to advance the cause of safety. And in this regard this may be an area where the legal expertise in IOSH may help, namely by offering advice and assistance on how Paul and others may work towards the safety of all at work without being in breach of other laws outside their remit as safety professionals. For those who wish to read more on the copyright act, go to : http://www.hmso.gov.uk/a...a_19880048_en_1.htm#tcon Regards, Philip