Legal Framework For Games @ School

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


exercises

Database

G@S Online Platform



Exchange website


exercises


elements

User Profile q

User Profile r


Pupil q + parent

Inputs

Inputs

Inputs

Developer Y’s

Gaming elements


exercises

Database

G@S Online Platform



Exchange website


exercises


elements

User Profile q

User Profile r


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


exercises

Database

G@S Online Platform



Exchange website


exercises


elements

User Profile q

User Profile r


Pupil q + parent

Data on performance Process dataAdapt

Process data

Privacy

Legal 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


exercises

Database

G@S Online Platform



Exchange website


exercises


elements

User Profile q

User Profile r


Pupil q + parent

Inputs

Inputs

Inputs


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


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 platform

this 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


exercises

Database

G@S Online Platform



Exchange website


exercises


elements

User Profile q

User Profile r


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 applies

Non-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