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Legal Issues and Forms IT and Library Services

Creating a recording and making it available via the Internet raises a number of legal issues that tutors and students need to be aware of.

The JISC Legal Service has produced a useful guidance document on the Legal Considerations of Recorded Lectures which covers the points below in some detail.

Copyright

The 'educational use' provisions of the Copyright, Designs and Patents Act 1988 do not apply to recordings, so tutors must ensure that they do not infringe copyright by recording any material that they do not have permission to use.

Legal aspects of lecture capture

A short video created by the University of Southampton

Staff guidance for audio and video recording of lectures

A blog post from the University of he Arts, London

Student Awareness

Tutors must ensure that students know that a session is being recorded. We recommend that you include a slide stating this at the start of your lecture, and use this as an reminder to tell your students "This session is being recorded". You should ensure that you include this as part of your first recording for each course so that you can prove that your students were notified.

You can download a slide you can copy and paste into your own presentation.

Students' Rights

If students make an active contribution to a recorded session, for example by taking part in a discussion or giving a presentation, then the tutor must first gain their written permission to be recorded. This can be done once at the start of a module; it is not necessary to gain permission for each session.

You can download and print this form:

Student Consent Form (.docx)

Student Consent Form (.pdf)

You might say to them "I can record this session so you can listen to it again later, but I need your permission first. Only you will be able to access it." Alternatively, you may decide not to record interactive sessions, or simply pause the recording during the discursive parts.

Written permission is not required if the students are just asking the tutor questions or the tutor is just asking questions that test the students' understanding.

We recommend that the tutor repeats any question asked by students so that a) everyone hears it, b) it is clearly recorded, c) they confirm that they understood the question and d) they gain a few seconds thinking time about the answer.

Tutor's Rights - End User License Agreement

The University needs your permission to be able to create, store and publish a recording of your lecture. 

The University has published an EULA and consent form which seeks to " to formalise a framework between the University and its staff, that will allow this service to evolve, while protecting the rights of all involved." 

EULA and consent Form (.pdf)

Please refer to the Intellectual Property Policy for further information.