Answered By: Monique Ritchie
Last Updated: 16 Jun, 2020     Views: 4

If you wish to record a lecture and share a recording electronically or online, you will need to make sure that you have sufficient rights to do so.

Firstly check the University's lecture recordings policy. Brunel, like many other universities has introduced routine lecture recording facilities and practices, to provide on demand access to content, to cater for different learning styles and pace and support revision. It also helps mainstream accessibility so that those with visual impairments, cognitive and other disabilities can benefit from fair and equal access to content. This is in line with UK disability legislation and also supports compliance with the UK's new accessibility regulations for public sector bodies which will apply to all existing websites from 23 September 2020.

However there may be some copyright issues to consider. 

While at Brunel, lectures are expected to be recorded by default, where a lecture is being given by someone who isn't a member of staff, the person giving the lecture will need to consent to the making and subsequent sharing of the recording. This is usually done via a consent / release form or contractual agreement, and should be in writing / email.

Consent should always include the audience to whom the lecture can be made available, such as whether it can be shared on a public facing website or social media channel, or internal sharing only.  It is also a good idea to have any reuse permissions also clearly stated, perhaps using an appropriate Creative Commons licence.

If third party copyright material is used in the recorded lecture, where it is not included incidentally, permission to include it in the recording and to share it with others may be required, particularly for online sharing.

It is the responsibility of the person creating the lecture to ensure they use material they can legally use, and to clear rights for further use and distribution. Statutory copyright exceptions in the Copyright, Designs and Patents Act 1988 (amended in 2014) may cover certain uses of copyright material for limited purposes. For example, exceptions for education may allow insubstantial extracts of copyright material to be used for teaching, criticism or review and quotation under fair dealing, without the need to ask the owner for permission. Unless otherwise permitted under law or permission, substantial use or commercial use will always need the copyright owner's consent. 

Where multimedia content is included (e.g. film, music, photographs), it is more likely that content owners will object to the use being fair dealing. In such cases, it may be advisable to get consent. Copyright owners can charge fees for consent, so it is also important to check that there is a budget able to fund it.

Unless you are self-recording, the copyright in the recording of a lecture will be owned by the person or organisation doing the recording by default, unless the rights are pre-assigned to another by contract.

For further advice on particular scenarios, please get in touch with your Academic Liaison Librarian or copyright@brunel.ac.uk.