Lecture Capture Guidance v2

These terms are draft and are not for public use. See https://elearn.southampton.ac.uk/panopto/legal/lecture-capture-guidance/

Summary

  • By using Panopto, you give your consent to the University to make a recording and subsequently make it available to students. You can delete your own recordings at any time.
  • You must ensure that any third-party material included in the recording meets the requirements of the Copyright Act; that you only use what is reasonable and necessary, and cite your sources.
  • Students must be informed if a recording is being made, and must give their consent if they are included in the recording (e.g. if they ask a question or take part in a discussion).
  • Written permission must be obtained before making recordings of people who do not work for the University (e.g. guest lecturers).

Consent and rights in the recordings

The University’s Intellectual Property Regulations form part of the conditions of employment for staff. The recording and other copyright works (e.g. literary, dramatic, musical, artistic work, or a film), created by the tutor for inclusion in the recording, unless covered by clause 3.1.1, are works specifically commissioned by the University. The ownership of copyright in these works will be determined in accordance with the University’s Intellectual Property Regulations, as amended from time to time.

In certain circumstances, delivery of a lecture may qualify as a performance (as defined by the Copyright, Designs and Patents Act 1988 UK) (the “CDPA”) and where this is the case, the tutor will have a separate distinct right known as a performer’s right. This exists apart from copyright and is also a property right that can be dealt with in the same way as any other intellectual property right and it can therefore be licensed or assigned by the tutor.  The agreement which you are asked to enter in before using Panopto makes it clear that you are expressly giving your consent to the University to make the recording(s) of your lecture and to subsequently make those recordings available to students.

You are able to delete any of your recordings at any time. WARNING: iSolutions is unable to recover these if you change your mind. You should consider the impact on students before deletion. Note that recordings more than two years old are automatically deleted unless you take action – see the iSolutions Panopto help pages for details.

Copyright and third-party material

As set out in the University’s Intellectual Property Regulations, it is the responsibility of each staff member not to infringe the intellectual property rights of third parties.

Third-party rights are any rights which a party (other than the University or tutor) has in a work included in the recording. This extends to all forms of intellectual property and related rights. However, the most likely third-party right you will encounter is copyright.

Changes to the Copyright, Designs and Patents Act 1988 in 2014 provides an “illustration for instruction” exception which means that tutors can show or play copyrighted material for teaching and assessment purposes. This largely eliminates the need to gain explicit permission to include third-party materials in recordings, provided:

  • The material is used solely for the purposes of illustration for instruction; and
  • The material is not copied simply for aesthetic effect to make the presentation look good; and
  • The original source is explicitly acknowledged; and
  • The material is stored within a password protected server and restricted to a specific cohort of learners e.g. a PowerPoint file stored in a closed course on the Virtual Learning Environment (Blackboard) or a lecture recording stored on a closed video-repository (e.g. Panopto) to which only a specific cohort of learners has the link to; and
  • The amount of material included for the purposes of illustration for instruction is reasonable and appropriate to the context and is not sufficient to negatively impact on sales of the original material – this relates to the principle of ‘fair dealing’; and
  • Any further copying (for example, by students for their own studies) is fair.

[This summary is adapted from guidance developed and kindly shared by the University of Glasgow]

You should avoid recording video material where possible since the result is poor quality.

Informing students

It is important that students are aware that a recording is being made. The lecture capture system records the screen and the tutor’s voice, and rooms equipped with a camera only record the tutor’s area. The microphone will not normally be able to pick up any questions or comments students make during the lecture, so it is good practice for the tutor to repeat the question/comment so that others in the room can hear it and to provide context to their answer on the recording.

Note that it is possible to pause a recording, so you might not choose to record some parts of a session (e.g. student discussion) or a student can request this if they do not wish to be recorded.

The easiest method to inform students that a recording is being made is to make an announcement at the start of the recording. This will also remind students that they can review the recording later; there is no point making them if the students do not know they exist!

Recording students

Panopto can be used by the tutor to make recordings of assessed student work, such as presentations or lab practicals. These recordings can only be accessed by the tutor and the student, and can be used by the tutor to provide feedback after the event. For group presentations, one student acts as the lead and will need to show the recording to the rest of their group.

Panopto also enables students to upload their own recordings, often as a piece of assessed work. Again, only the tutor and the individual student have access to the recording.

See the iSolutions Panopto help pages for details of these features and downloadable copies of the agreement forms that students need to sign.

Guest lecturers

Written agreement is required before recordings are made of people who are not members of the University. Ideally this request should be made in advance of the lecture and not as a surprise just before they start.

See the iSolutions Panopto help pages for a downloadable copy of the agreement form that guest lecturers should sign.

Further information