Lecture capture: key points for copyright compliance

Recording lectures is really useful, it enables students to watch at a time that suits them, it can aid students in revision and makes the recording accessible for all your students, however as a lecturer there are some key copyright issues to consider before recording lectures.

Although it may often be legal and acceptable to use certain copyright protected materials in lectures and seminars, e.g. images in PowerPoint presentations or video clips from commercially available DVDs, it may not be legal or acceptable to record the use of these materials using Panopto or any other means unless:

1. The copyright period in the material has expired
2. You own the copyright of the material
3. The University of Derby owns the copyright of the material e.g. University publicity material, other learning and teaching resources produced by the University
4. You have specific copyright clearance to use the materials in this way
5. You are confident your use falls under one of the exceptions in the Copyright, Designs and Patents Act 1988 - for example, Illustration for Instruction (s32)

This is because recording the lecture using Panopto is classified as making another copy, and is therefore a copyright infringement.

It is important to remember that:

• You are responsible for making sure that your recorded lectures do not infringe copyright
• Both you and the University are at risk from being sued and/or prosecuted for infringing copyright, either within recorded lectures using Panopto, or uploading materials to Blackboard
• Simply placing copyrighted materials within a password protected environment does not make it legal - it is still unauthorised copying
• Although it may be legal to use these materials within a class, it does not necessarily make it legal to include them within a recorded lecture and/or upload these to Blackboard.
• The University of Derby will enforce a Takedown Notice in the light of any proven copyright infringements. Further details of this notice are available on request.

Before you record your lecture consider:

• Material from your own/colleagues research, including tables and images:

Although it may be your work, you may have already signed away the copyright to this if you have had the research published by a journal. Any publishing agreement must be checked to see how the work can now be used. It may be possible to use the pre-print version of the article, including the illustrations. Otherwise it may be possible to request for extracts of journal articles to be scanned by the Library under the CLA licence - contact Resource Lists for more details.

• Images

Although it is very easy to download images from the Internet and insert them into your presentations, these images will almost certainly be subject to some sort of copyright, and unless you own the copyright yourself, it is NOT legal or acceptable just to download them and use them in your recorded lectures.

Images are of course a very powerful aid and may often form an essential part of your teaching. Fortunately there are many ways that you can legally use images in your recorded lectures:

1. Use images where their copyright has expired.
2. Many sites e.g. Flickr, allow you to use images subject to a Creative Commons (CC) licence - all CC licences mean the copyright owner must be attributed and there may be other restrictions on its use.
3. There are an increasing number of Open Educational Resources that allow the use of images in this way.
4. Create your own.
5. You can have images from books in the University Library digitised for use in class in conformance with the CLA licence - contact Resource Lists.
6. Obtain permission to use them from the copyright holder.
7. Use the material under s32 of the Copyright Designs and Patents 1988 (Illustration for Instruction) but this exception is subject to 'fair dealing' and should only be used as a last resort.

• Video materials

The lecture recording process will only make a very low grade copy of any videos you show in class, so this is not a recommended way to make such materials available to your students. These low grade copies are still subject to copyright however, so please bear the following in mind:

• Commercially purchased DVDs should not be recorded in this way unless you get permission from the copyright holder.
• The copyright in videos that you might show from sites such as YouTube or iTunes U resides with the creator of the video, so again you would need to obtain permission directly from them (YouTube or iTunes U cannot grant this on their behalf). Some of these materials may be available for educational use or under a CC licence.
• Box of Broadcasts clips or programmes can be embedded within presentations - however, these should be linked to, rather than recorded as part of a lecture capture video.
• On demand services such as the BBC's iPlayer are now covered by the off-air recording licence but cannot be embedded within presentations or Blackboard, only made available online via hyperlink.

If you wish to use any of the above in a lecture you want to record, you will need to edit these parts out of the recording. Please contact digitallearning@derby.ac.uk for advice about this.

• Sound recordings

Commercially bought audio CDs can be used in class, but should not be included in a lecture recording, so these sections will need to be edited out from the recorded lecture.

Podcasts that you download from the web normally have an implied licence that enables you to copy and use them, as downloading them is a means of copying, so generally speaking you should be OK to use them, unless they have an accompanying statement that precludes their use. As with all these cases, if in doubt - check.

Streamed audio from services such as the BBC Listen Again service may also be used in class but again should not be included in your recorded lectures so must be edited out.