Legal issues

Copyright

For information on copyright in relation to lecture capture, see the Library's Copyright and Lecture Capture page.

Copyright and Use of Recordings - Guidance for Students

Students do not have any ownership of copyright over materials which have made available digitally, nor any rights to distribute these materials in any way without permission. The University already has a policy, agreed by the Academic Policy Committee on 23 June 2011, governing students making their own recordings of lectures.
  • All materials contained in this lecture are the intellectual property of the University.
  • Third party materials are used at the discretion of the lecturer, legally and within context.
  • These materials will be made available digitally to view via Blackboard.
  • All recordings will be available via a streaming format only in order to ensure recordings comply with copyright law.
  • Recordings may not be copied or made available through any other channels, media or portals such as websites, podcasts or streaming.
  • Lecture capture is not intended as a substitute for attendance; students are expected to attend lectures. Not all aspects of the lecture are recorded e.g. anything written on whiteboards; therefore it may not be possible to gain all the information you need by only watching the recording.

Data Protection

The Data Protection Act 1998 allows students to control how information about them is to be used. By recording identifiable living individuals, the institution is processing their personal data. Any processing must be done fairly and in line with the data protection principles. Consent is likely to be required in order to process their personal information, or an opt-out provided.

It is recommended that the lecturer displays a slide informing students that a recording is taking place, explaining the purpose of the recording and to whom it will be disclosed or made available. The recommended approach is to show a slide at the start of each lecture to be recorded, showing a disclaimer as follows:
  • This lecture is being recorded
  • The recording will be posted on Blackboard for viewing
  • If you ask a question or make a comment, your voice may appear on the recording
  • Ask me to pause the recording if you do not want your question or comment to appear on the recording.
Where there is likely to be a significant contribution or presentation by another party, for example a visiting lecturer, a signed consent form for that party prior to the recording should be obtained.

It is possible to inadvertently breach confidentiality with a recording e.g. a student may come up to the tutor at the end of a lecture and discuss a confidential health or family issue, and that discussion can be accidentally recorded because the tutor has not yet stopped the recording. In this case you should edit the recording to remove the private discussion before it is made available to students.

Accessibility

Under the Equalities Act 2010 the University must make reasonable adjustment for students with disabilities. The lecture capture technology will provide specific benefits for students with disabilities, for example where they miss a lecture due to a disability-related condition.

It is suggested that the minimum of editing is done, in order to ensure equality of offering. It may not be possible to capture information written on the board during the course of the lecture. The reasonable adjustment could be that the student may arrange to see the lecturer separately to catch up on any materials they have missed.

Liability

In case of problems such as potential copyright infringement or defamatory comments in a recording, the content should be removed immediately. It can then be investigated and the content be re-instated if the issue can be resolved. However, to protect the University, the default action must be to immediately remove the content, in order to mitigate liability.

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