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Legal framework for Games @ SchoolInterdisciplinary Centre for Law & ICT (ICRI)KU LeuvenProf. P. Valcke, Dr. E. Kindt N. Bertels, J. Ausloos en B. Coene
Developer Y’s
Gaming elements
Publisher A ‘sEducational
exercises
Database
G@S Online Platform
Teachers Pupil q + parent
Educational Game (A + Y )
Exchange website
Publisher B ‘sEducational
exercises
Developer Z’s Gaming
elements
User Profile q
User Profile r
Educational exercices & Gaming elements
Pupil q + parent
Developer Y’s
Gaming elements
Publisher A ‘sEducational
exercises
Database
G@S Online Platform
Teachers Pupil q + parent
Educational Game (A + Y )
Exchange website
Publisher B ‘sEducational
exercises
Developer Z’s Gaming
elements
User Profile q
User Profile r
Educational exercices & Gaming elements
Pupil q + parent
Inputs
Inputs
Inputs
Developer Y’s
Gaming elements
Publisher A ‘sEducational
exercises
Database
G@S Online Platform
Teachers Pupil q + parent
Educational Game (A + Y )
Exchange website
Publisher B ‘sEducational
exercises
Developer Z’s Gaming
elements
User Profile q
User Profile r
Educational exercices & Gaming elements
Pupil q + parent
Data on performance Process dataAdapt
Process data
Legal Issues
Privacy Intellectual property Liability for unlawful inputs
Privacy
Monitoring performance of pupils to ensure adaptivity of educational games involves processing personal data
‘Personal data’= any information relating to an identified or identifiable natural person
Processing personal data is only legal under certain conditions
Developer Y’s
Gaming elements
Publisher A ‘sEducational
exercises
Database
G@S Online Platform
Teachers Pupil q + parent
Educational Game (A + Y )
Exchange website
Publisher B ‘sEducational
exercises
Developer Z’s Gaming
elements
User Profile q
User Profile r
Educational exercices & Gaming elements
Pupil q + parent
Data on performance Process dataAdapt
Process data
PrivacyLegal requirements to process personal data:A legitimate ground to do so (e.g. person’s consent)Inform persons before collecting their personal dataLimit processing personal data to what is required for legitimate purposeEnsure confidentiality and security of personal data collectedNotify the Commission for the Protection of PrivacyGive person access to his personal data collected and a right to object & have it corrected/erased
Intellectual property
Inputs gathered by the platform are likely to enjoy intellectual property protection
e.g.: educational exercises, computer gaming elements, database and resulting educational games
Developer Y’s
Gaming elements
Publisher A ‘sEducational
exercises
Database
G@S Online Platform
Teachers Pupil q + parent
Educational Game (A + Y )
Exchange website
Publisher B ‘sEducational
exercises
Developer Z’s Gaming
elements
User Profile q
User Profile r
Educational exercices & Gaming elements
Pupil q + parent
Inputs
Inputs
Inputs
Intellectual property Exercises Computer gaming
elements & games Database
Possibly protected under:
Database sui generis
right
Database copyright
Ordinary copyright
Computer program copyright
Patent law
Unfair competition law’s protection against parasitic competition
Intellectual property Be aware of the scope of
protection offered by the relevant intellectual property regimes
If necessary conclude valid legal agreement with relevant right holder on the use of intellectual property protected inputs
Liability for unlawful inputs
If a participant provides an unlawful input to the platformthis can entail the criminal or civil liability:Not only of the participant providing this inputBut also of other participants making further use of this input
Developer Y’s
Gaming elements
Publisher A ‘sEducational
exercises
Database
G@S Online Platform
Teachers Pupil q + parent
Educational Game (A + Y )
Exchange website
Publisher B ‘sEducational
exercises
Developer Z’s Gaming
elements
User Profile q
User Profile r
Educational exercices & Gaming elements
Pupil q + parent Unlawful Input
Liability Liability
Liability
Liability
Managing the liability risk connected to unlawful inputs
In the phase of gathering inputs: Organize exchange website in way that liability
exemption for hosting services appliesNon-profit organization, ministry of education as a neutral host?
In the phase of further use of inputs: Content checks to trace unlawful inputs Contractual mechanisms (e.g.: terms of use
telling users not to provide unlawful inputs)
Conclusion
To avoid the platform being hampered by legal claims it is necessary to have due consideration for:
Privacy Intellectual property Liability for unlawful inputs
