Lecture Capture and the Law Top Tips

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These top tips are a quick reminder of the main areas to be considered when recording lectures. Addressing risks head-on helps protect an institution from liability and prevents uncertainty.

1.    Decide when, and how, lectures will be recorded

Consult, involve and inform staff early on to ensure buy-in and institution-wide consistent good practice.  Put in place a relevant policy and procedures. 

2.    Think legal from the start

This means that you can be confident in compliance.  Copyright, performers’ rights, data protection, and accessibility are the main areas of law you need to consider. Don’t spoil hard work with legal uncertainty. 

3.    Check who owns content being recorded

Making a recording is further copying and as such there is unlikely to be automatic permission.  The owner could be the institution, or the presenter e.g. a lecturer, guest speaker or student.

4.    Encourage permitted use of open licensed materials

Creative Commons provide liberal licences to avoid copyright difficulties. 

5.    Consider learners

Respect the choices given to them by law e.g. do they wish to be recorded on camera? Consider providing an area of the audience, or a section of the presentation which won’t be recorded.  

6.   Get permission

Where an exception to copyright infringement cannot be satisfied for a copyright protected work, and you do not have a licence to cover the intended use, you will need to get permission to record.  When requesting permission, try to address all post-recording use. You may also need consent of performers.

7.    Consider legal issues post recording

Ensure that you have an editing process which allows you to minimise risk of liability for infringing and inappropriate content.

8.   Remember to embed accessibility

This is required by law.  A recording should be accessible to all students as far as is reasonable given the circumstances.  This might mean being proactive in captioning, providing a transcript, and making the recording available in different formats.

November 2014

Posted on 22/12/2011