The Institute has an interest in maintaining access for learners to valuable higher technical qualifications over time. To achieve this, the Institute has the legal power to transfer the copyright of relevant course documents for qualifications at the point of approval. Therefore, the Institute could provide the materials to an alternative awarding body should that ever become necessary (for example, if the awarding body delivering the qualification were to become insolvent) and maintain the delivery of the qualification.
To make determinations of when the Institute should transfer copyright, we have developed a set of criteria which balances the need to protect the learner without creating a disincentive to awarding bodies submitting qualifications for approval. Therefore, we currently anticipate that the application of the criteria will result in no transfer of copyright in any course documents to the Institute in the vast majority of cases. Awarding bodies will also have the ability to withdraw from seeking approval once the Institute informs an awarding body of its intended decision on copyright being transferred.
The Institute will usually only determine copyright transfer is necessary where all of the following criteria are met:
Economic importance of the occupation: a qualification is genuinely important to the UK economy because there is sufficient current and/or future economic demand for the occupation or any other reason that means that the qualification is of strategic significance.
Vulnerability of the market: there are concerns about the current makeup of the qualifications market generally and the current likely future availability of suitable alternative qualifications. For example, this may be the case if there is a relatively closed market, with one awarding body delivering a single higher technical qualification for an occupation, representing a single point of market failure. This is as opposed to an open market with several awarding bodies delivering qualifications aligned to an occupation (or likely to in future) with competition and widespread provision.
Financial circumstances or stability of the awarding body: there are concerns about the current financial circumstances or stability of the awarding body due to deliver the qualification.
These criteria will be assessed in sequential order. At the point that one of the criteria is not met we will not need to explore the prospect of a transfer of copyright in relevant course materials any further and will move straight to making a determination (i.e. that there would be no transfer of copyright to the Institute at all). In the very rare circumstances where a determination suggests that there are relevant course documents which the Institute requires the copyright in (and which documents these are), a recommendation will be sought from the respective route panel and ratified by Approval & Funding Committee. The awarding body will then be informed of this decision prior to approval and will have the option of withdrawing from the approval process entirely and there will be no further action. Alternatively, the awarding body will work with the Institute on transferring copyright in relevant course documents.
Is there sufficient current and/or future economic demand for the occupation or any other reason that means that the qualification is of strategic significance?
This will be assessed by Institute officials as part of the “Review and Consultation” analysis stage in the higher technical qualifications approvals process.
Institute officials will apply the copyright transfer criteria and determine whether:
The awarding body will be informed of the determination for either scenario prior to the approval of the higher technical qualification as part of the feedback stage in the higher technical qualification approval process.
What is the current makeup of the higher technical qualifications market generally and the likely future availability of suitable alternative qualifications?
This will be assessed by Institute officials as part of the review and consultation analysis stage in the higher technical qualifications applications approvals process.
Institute officials will apply the copyright transfer criteria and determine whether:
The awarding body will be informed of the determination for either scenario prior to the approval of the higher technical qualification as part of the feedback stage in the higher technical qualification approval process.
Are there any concerns about the current financial circumstances or stability of the awarding body due to deliver the qualification?
This will be assessed by Institute officials as part of the review and consultation analysis stage in the higher technical qualification applications approvals process.
Institute officials will apply the copyright transfer criteria and determine whether:
The awarding body will be informed of the determination for either scenario prior to the approval of the higher technical qualification as part of the feedback stage in the higher technical qualification approval process.
What are the relevant course documents that the Institute considers are likely to be necessary for the copyright to transfer, in the event that a future awarding body is required to deliver the qualification?
The Institute will identify the additional types or categories of relevant course documents and request these from the awarding body.
This will be assessed by Institute officials as part of the review and consultation analysis stage in the higher technical qualification applications approvals process.
Institute officials will apply the copyright transfer criteria and determine whether:
The awarding body will be informed of the determination for either scenario prior to the approval of the higher technical qualification as part of the feedback stage in the higher technical qualification approval process.
The awarding body will then have the option of withdrawing from the approval process entirely and there will be no further action, or the awarding body will work with the Institute on transferring copyright in relevant course documents.