Q. Can I record a lecture? What are the copyright issues?

Recorded lectures can enhance the learning process, and support differences in learning styles and pace. They are one means of making reasonable adjustments in line with disability and accessibility legislation, so that all students can benefit from fair and equal access to education. At Brunel, in the physical and virtual learning environments, lectures are expected to be recorded by default to be made available for educational purposes through the University's secure network. This is covered in more detail in the Policy for the Recording of Lectures and Taught Sessions first introduced in 2014. 

The University provides physical and online facilities to make it easy for staff to record and make lecture content available to students.

Recording a lecture by someone else

Where a lecture is given by someone who isn't a member of staff, the person giving the lecture will need to consent to the making and sharing of the recording. This is usually done via a consent or release form and should be done in writing or email. When asking for consent, it is important to make clear whether the recording is to be shared internally within the University or publicly online. 

Prior notice of your intention to record the lecture to the lecturer / speaker and facilitators. Attendees who might participate by asking a question, must also be notified and be able to opt out of being recorded. 

Recording online lectures

It is important when recording lectures, that these are made available via the University secure network using University licensed software suitable for teaching, where students and staff must authenticate with their Brunel credentials. Guest links should not be used for teaching activities, as these enable access by anyone with the link.

All parties being recorded should give their consent before the recording and clear notification should be given when recording is started, stopped or paused. 

Copyright ownership of recorded lectures

Under s.11(2) of the Copyright, Designs and Patents Act 1988, an employer is the first owner of copyright in work created in the normal course of employment. An employer will therefore own the content of a lecture created by a member of staff who is contracted to create it.

However, as lectures are also performances (see s.180(2) for a definition of a performance), anyone, including an employer, who wishes to record, copy or distribute a recording of a lecture, even if they own the content, must get permission or a licence to use the performance, except where this is covered by statutory exception. Permission can be secured on an individual basis, using a release form, but as lecture recording is a routine part of teaching and learning provision, this is addressed in the University policy on lecture recordings linked below. 

Copyright in the sound recording of a lecture recorded by the Brunel is owned by the institution.

Using third party material in recorded lectures

Limited use of third party content may also be allowed under statutory exceptions to copyright. In the Copyright, Designs and Patents Act 1988 (as amended). Section 32 covers illustration for instruction, which covers fair dealing from any work, provided the copying is done by the instructor which may include staff providing support and students. Section 30 allows quotation from a work which is lawfully available to the public. In all cases the work should be accompanied by adequate acknowledgement unless this is not reasonably practicable. Material used under an exception may not be further distributed except where authorised by the rights owner, or another Act of Parliament. 

Material being used for illustration for instruction in the virtual environment, should be accompanied with a statement that the work is being used under the S.32 of the Copyright, Designs and Patents Act 1988 (as amended) and may not be further copied or shared.