Educational Video: Copyright, intellectual property, and use, retention and removal of recordings

This guidance note is for University staff and students and primarily covers recordings which are published on Moodle (UAL’s Virtual Learning Environment (VLE)) for use by students.

What is educational video?

Educational video is the process of digitally recording and archiving of teaching (both in-room and online) which are subsequently published on Moodle for use by its students. Educational video offers staff a suite of tools that make it easy for them to produce content for students to access and is now a well-established aspect of student support across the higher education sector. It is increasingly viewed as an expectation of the learning experience among prospective and current students.

Why does the University promote the use of educational video?

UAL seeks to enhance the student experience by providing educational video for students to revisit and review as part of their learning for each course within their programme of study. This aligns with UAL’s Learning, Teaching and Enhancement Strategy 2015-2022 that aims to ensure all students can reach their full potential by provision of a supportive, inclusive environment and rich learning culture.

Educational video enhances and extends student provision in general, and for students whose first language is not English and those with specific disabilities and conditions. This is in addition to the right granted to students within existing policies where staff can record and share online teaching with students as well as pre-recorded material (such as seminar recordings and resources created for online learning).

Educational video is intended to be an enabling device for lecturers and students to make the most of the teaching and learning experience across UAL.

Copyright and Intellectual Property

UAL’s Intellectual Property Policy on Canvas (login required) sets out the basic position that sets out ownership of intellectual property rights created by University staff members and students. Further copyright guidance on the use of video in teaching can be found on the Library Services Libguide.

While lectures or teaching sessions are not expressly listed as a ‘performance’ under English law, it is sometimes suggested that a lecture or teaching session is a ‘performance’ that gives rise to performance rights for those involved. UAL takes this view into account in this guidance and IP policy.

Who owns staff performers’ rights that may arise?

UAL acknowledges that performers’ rights in respect of staff members’ given in the course of their employment belong to the performer. UAL is granted a licence to use the performance for teaching, research, education, and the promotion of the University. (2.17-2.19 on pages 5 and 6 of the IP Policy)

Who owns students’ Performers’ Rights that may arise?

UAL also acknowledges that all performers’ rights owned by students in respect of their own performances, and in any video or other recording of such performances, may be retained by the performing student. Each student grants to UAL a licence to use the performance for teaching, research, education, and the promotion of UAL. (3.6 on page 8 of the IP Policy)

What about guest speakers or guest lecturers?

Guest speakers or guest lecturers should be asked to sign a release form. The form is used to gather permission to record their lecture and permission to re-use their copyright material. The signed release form should be retained by the UAL department that has organised the event as proof that UAL has the appropriate permissions.

Release forms can be obtained on Canvas (login required).

Good practice when recording teaching sessions

Staff must ensure that recordings do not infringe the intellectual property rights of any third party. If a recording contains any underlying materials such as images and film clips where the copyright belongs to a third party then such material should not be recorded or used in the recording unless permission is obtained. An alternative approach is to use only materials which are licensed for re-use.

Use of recordings

1. Recordings of lectures and teaching sessions are provided for limited purposes only for the cohort of students for which the session was delivered. Except for the use set out below in point 3, the recordings, including excerpts, are not intended for release to or use by the general public, and may not be published, disseminated or shared in any format or media.
2. Students are permitted to use recordings only for their own private study and non-commercial research only.
3. Students are also generally permitted to make recordings of lectures for purely educational reference and must not share or distribute such recordings to any other persons or organisations through any means. Where, in exceptional cases, recording is not permitted, students will be informed orally or through signage, and must not make any recordings. (See 3.7 pg 8 of UAL IP Policy.)
4. Recordings will be accessed via the VLE and will be made available only to students or staff eligible to access that course in the VLE.
5. Lecture capture and online or recorded educational materials form one part of an effective teaching and learning process and it is subject to UAL’s policies and procedures. Therefore, if staff or students have concerns or issues that relate directly or indirectly to recordings, these concerns can be raised in the usual way. This may include an informal discussion or a formal process such as the complaints process or the grievance procedure.
6. Recordings must comply with current data protection legislation and UAL data protection policies and procedures.
7. It must be made clear to students, in advance where possible, when a recording is taking place at any time.
8. Where a student does not wish to be recorded:
   1. during a live recording on-site: then they should, where possible, sit in areas away from microphones and out of view of any camera installed. Students should also contact the lecturer in advance of the lecture to explain that they do not wish to be recorded.
   2. We during a recording online: then they are advised to disable their camera and microphone to avoid their contribution being recorded. Students should contact their lecturer with any questions they may have with the lecture after it has taken place.
9. The requirements of the Disability Equality Duty and Equality Act 2010 apply to recordings. UAL will take all reasonable steps to ensure that alternative formats are provided to support the needs of individual students.

Retention of recordings

Recordings will be retained until completion of the course by a student or longer where it is necessary for UAL to comply with its legal obligations to any student on the applicable course.

Removal of recordings

UAL reserves the right to remove and/or delete (acting reasonably) any inappropriate or offensive recording or a recording that infringes a third party’s intellectual property rights.