Copyright and Lecture Capture

Copyright is of particular relevance where lectures are being recorded. A variety of works are protected under copyright law, including text, film, sound recordings, photographs and diagrams. Extracts from such works can be used in recorded lectures under a variety of educational exceptions and licences, but it is the responsibility of each staff member, or visiting lecturer, not to infringe the intellectual property rights of third parties. A recording is also a copyright work in its own right.

Copyright originating with the lecture and its recording

The lecture content and its recording attract copyright which will, by default, be owned by the University, as indicated in the University’s Intellectual Property Rights Policy. In the case of a guest lecture, an assignment in writing from the lecturer should be sought for the content and the performance.

Copyright in third party materials

Lectures may include material whose copyright is owned by third parties, such as images in slides. It is the responsibility of each staff member not to infringe the intellectual property rights of third parties.

Material which has not been produced by you (i.e. third party material) may require permission for use/inclusion, unless one of the following applies:

a. An educational exception has been granted under UK copyright law (CDPA 1988):

    • The material is being used for quotation
    • Any illustrations are being used for the purpose of instruction
    • The material is being included for the purpose of criticism or review
    • The material is being included for the purpose of parody or pastiche 

For one of the above exceptions to be used the use must be fair:

    • The work must have been made legitimately available to the public
    • The use must genuinely be for that purpose e.g. an illustration should not be included simply to make a presentation be more appealing
    • The extent of the copying is no more than is required by the specific purpose for which it is used
    • The use must not interfere with the commercial interests of the rights holder
    • The copied extract must be accompanied by a sufficient acknowledgement
    • Copying must be done by the person giving or receiving instruction
    • Copying and use must be for a non-commercial purpose only

b. The material is available under an open licence such as Creative Commons

c. The material is out of copyright (usually 70 years after the death of the creator)

d. The material has been scanned under the CLA Licence and reported to the Copyright Service in the library

e. Any material from an electronic source is being used under the terms and conditions of the website or the publisher’s licence

f. Permission has been granted in writing for such reuse by the rights holder

g.  The University of Leicester owns the copyright in the material

 

Material likely to require permission from the rights holder:

  • Film and sound recordings such as ERA licensed recordings or material from Box of Broadcasts if the lecture is intended for overseas viewing, as they should only be accessible within the UK
  • Large extracts of material e.g. multiple images or chapters/articles from a single source (this could interfere with the commercial interests of the rights holder)
  • On-demand services
  • iTunes, YouTube or Vimeo material
  • Unpublished material which has not previously been made available to the public

  

Useful Resources

 

FAQs

Where can I find information on the University's intellectual property policy?

This is produced by the Research and Enterprise Division and as such is on their web pages - IP Policy.

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