There are different sets of circumstances in which it may be requested that your lecture, tutorial, demonstration or workshop is recorded. As part of the university’s ALTO project, CLTAD’s John Casey has developed a useful guide to help staff who may be uncertain about the digital recording of lectures, and related issues such as performance rights.
Recordings by Students
Some students hold a disability passport that entitles them to make audio recordings of lectures for their own academic purposes- please see the guidelines published by the Disability Team available here – http://www.arts.ac.uk/student/staff/staff-disab-pubs.htm. To contact the Disability Team please consult this web page- http://www.arts.ac.uk/student/ss-dis-contacts.htm
Students without a disability passport may request to record a lecture and permission is at your discretion. Once recorded you should know that it may not always be possible to control how this recording will be used by students so please bear this in mind when exercising your discretion.
Recordings by a UAL College
- You should be asked for your permission before a recording is made of your lecture. You have a number of rights including performance rights and moral rights.
- You should be given a consent form to complete.
- You have the right to say no and you should address any concerns to your line manager.
Copyright in the content of your presentation belongs to the UAL if the presentation and the materials are created as part of your employment and if there is no prior agreement otherwise.
For the actual delivery of the lecture/session you own the performance rights not your employer and by means of the consent form you are giving the university permission to copy and reuse your performance rights.
If the university wishes to use materials that have not been created as part of your employment (e.g. photos taken on a holiday) it will require your permission before they can be included in a recording.
Moral rights (the right to be identified as the author of a copyright work and to object to any derogatory treatment of that work) Do not apply to work created as part of your employment but do apply to your performance and any content that you have created outside of your employment.
Non-employees, students and guest speakers are likely to own the copyright and performance rights in any contributions they make.
Third Party Rights Where you are including third party material in a lecture that is to be recorded, you need to get permission from the copyright holder(s) or ensure that any licensing agreement for that material permits you republish the materials in a range of media including online.
You should be able to produce a list of any third party materials that you have used in your lecture and include this in a reference section. This simple process will help you and others to evaluate whether the use of such materials is legal. Remember, there is no blanket right to use third party materials for educational purposes – this is a common myth in HE. Advice about clearing materials for use in your lecture can be obtained from the library.
Please note it is part of our professional duty to understand, recognise and respect the legal rights of others when using their materials in lectures and other teaching activities (both face-to-face and online). This is especially important when including third party content in any lectures that are being recorded for online publication.
If you require assistance you should consult a librarian and/or your line manager. Infringement of the legal rights of others in this area may result in you and/or your employer facing civil or criminal proceedings. We provide some useful sources of further information below including a popular and very readable ‘beginners guide’ published by JISC Legal.
Exceptions Some works may be used if that use is considered to be ‘fair dealing’, for example, where the economic impact of the use on the copyright owner is not significant. Uses such as multiple copying or making digital copies for distribution by institutions are unlikely to be considered ‘fair dealing’. Third party materials may be included where they are used for criticism and review (not just for illustrative purposes) or where they are out of copyright.
Sources of Further Information
Intellectual Property Rights (IPR) in networked e-learning: a beginners guide for content developers. Casey, J. (2004) JISC Legal Information. Available at http://www.jisclegal.ac.uk/publications/johncasey_1.htm
Recording Lectures: Legal Considerations July 2010 by JISC Legal. A full copy can be accessed here http://bit.ly/g39WYI
General information about copyright, data protection and other legal issues are available on the JISC Legal website – www.jisclegal.ac.uk
 Third Party Material means any content that you yourself have not directly created – remember if you record other people’s presentations and include them in your lecture then those people and their employers have rights also.