The education secretary, Gillian Keegan wrote very recently to schools advising them that parents and carers must be given access to RSHE teaching materials. In particular, she asserted that sharing RSHE materials subject to third-party copyright with parents is allowed, and that any contractual term to the contrary between the materials’ provider and the school is ‘void and unenforceable’.
This is potentially a controversial topic. The government is expressing a strong policy view. Schools are concerned about traversing a perceived legal minefield. Providers of RSHE materials will be anxious not to have their intellectual property weakened. And parents and carers will want to know whether they can participate in this vital part of their children’s education on an informed basis.
Primarily, the matter concerns avoidance of copyright infringement and breach of contract. As in all legal matters, the circumstances of each case may be nuanced so it is always advisable to seek advice.
But is the education secretary right? RSHE materials will likely attract various forms of copyright protection, whether as literary or artistic works, as films or recordings. Unless a defence applies, copying without permission from the copyright owner would be an infringement. Infringement may arise through copying the whole or a substantial part of a work. It can also arise from performing the work in public or communicating it by electronic means to the public. To avoid liability, the consent of the copyright owner is required or there must be a suitable, legal defence.
