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Computing and Information Services

Video Support

To support the use of video streaming or lecture capture (Business School & Medicine), the checklists below cover common activities in the use of video and should be used to ensure appropriate use.

Please Note: This guidance is for information only and is not intended to replace legal advice when faced with a risk decision.


A Checklist for Staff creating an ‘at desk’ video recording for teaching

This quick reference guide is a checklist of questions for you to consider before creating video for learning and teaching. This check list is appropriate for use by University staff and Research Postgraduates who for the purposes of copyright are considered staff.

Questions to consider:

1. Is all the content new and created by you?

☑ If so, you are free to use the material. It is recommended that you put the University copyright statement on the new work. If you are unclear see asserting copyright.

 2. Is all content owned by the University? (i.e. created by employees in the course of employment, or copyright has been assigned to the University)

☑ If so, you are free to use the material, though as a matter of professional courtesy, you should acknowledge any contributors to the work. 

☒ If not, please read the remaining parts of this guide.

Copyright questions

3. Was some or all of the content created by you at a previous HEI or other employer?

☑ If so, you will need to ask permission of your previous employer before you can use the material. An email exchange is all that is required and a template is available.

4. Does the content include other peoples’ works such as students and non-employees? (e.g. consultants, contract workers)

☑ If so, review the terms of any licence referenced and see if you meet the terms of the licence. 

You will need the get permission from the copyright holder before you using the material. The form that needs to be completed and signed is the request to use copyright material.

5. Does the University have a licence that permits inclusion in a recording?

The licences for recordings available for use in the University are outlined in the sound and recording summary.

☑ If you are sure that you are about to use the item in accordance with the terms of the relevant licence then it may be used in your video recording.

☒ If you are unsure if the terms of licence allow you to use some or all of the content in your video then check with the Library’s Copyright Officer Colin Theakston.

6. Are there alternatives to copyright materials that are openly licensed materials?(Creative Commons, Flickr, Advanced search on Google, or free music loops)

This will help avoid risk. See the copyright and creative commons licencing for academic work to understand the licences.

7. Is content included in your video for the legitimate purposes of criticism, review, or reporting current events?

If the amount of content to be used is within the boundaries of a fair dealing then you may use it with sufficient acknowledgement. If you are unsure then review the details on copyright and creative commons.

8. Are you planning to use or alter all or part of an original literary, dramatic, musical, artistic work, film, or photograph in your video?

☑ If so, do you have the permission of the person (author of the original literary, dramatic, musical or artistic work, the director of the film or the photographer) who holds the moral rights (including performance rights) of the material you are planning to use or alter?

☒ If not, the please ask their permission being sure to notify them of where you are planning to use/upload the recording and what (if any) alterations you are planning. 

If you are unsure check the moral rights summary or contact Legal Support at legal.support@durham.ac.uk.

Note that if you are planning on using any film or photograph that was originally commissioned by someone for a private or domestic purpose (e.g. a wedding ceremony) copyright is held by the individuals who commissioned the work. You will need to seek their permission.

9. How are copyrights holders attributed?

Sufficient acknowledgement usually means the author and original work is identified by title or description, but this will depend on the licence terms or exception being used.

10. Are appropriate consents in place to record any ‘performances’? For example, recording a webinar interview. This is particularly important when the person is the focus of the recording, an interviewee for example.

Written consent prior to the event is preferable to trying to get consent after you have recorded them. Use the permission to record template which is suitable for all people aged 18 or over.

11. Are you recording any children or images of children?

You are required to have the child’s Parent or Guardian permission and they must sign an authorisation for public release of images of children. There are no exceptions and includes getting the appropriate permission even when the child is related to you. 

If you have any further questions on Copyright please contact the University’s Legal Support team at legal.support@durham.ac.uk

Data Protection and research issues

12. Will you be disclosing any personal data or sensitive personal data in your recording?

If so, written consent is required using either the permission to disclose personal data or the permission to disclose sensitive personal data.

For further information on Data Protection visit either the University’s data protection web materials or the ICO website. If you have any concerns contact Governance and Executive Support at info.access@durham.ac.uk

13. Are you going to disclose any details of your research, in particular research findings?

☑ If so, do the terms of your research funding agreement(s) allow you to ‘publish’ confidential research details and / or findings?

☒ If not, are there ways of anonymising the data that are acceptable to the funding body?

Please, remember that recording and uploading material to the virtual learning environment (duo) is publishing and that undergraduates and taught postgraduates are considered a ‘third party’ in research funding agreements. There may also be Freedom of Information implications because disclosure of unpublished research data in a recording may make it very difficult to withhold the same information from a Freedom of Information request.

If you have any questions or concerns consult with Legal Support or the Research Office or Governance and Executive Support.

14. Is commercially valuable, unpublished or sensitive content to be recorded?

This will increase risk of liability for the University. There may also be Freedom of Information implications because disclosure of commercially sensitive data in a recording may make it very difficult to withhold the same information from a Freedom of Information request. 

If you have any questions or concerns consult with Legal Support or the Research Office or Governance and Executive support.

Libel

15. Are you planning to criticize anyone professionally or personally in your recording?

Libel is defamation of a person through a permanent form of communication, including recordings. In any libel action the claimant is always believed to be of good character and the burden of proof on the defendant.

There have been recent changes to the laws concerned with Defamation (the Defamation Act 2013). Of particular relevance to HEIs is that privileged material which is protected from defamation actions is now extended to include:

  • Peer-reviewed statements in scientific and academic journals
    • so long as certain conditions are met
    • Reports of scientific and academic conferences (and related documents).

Also of significance is that

  • Institutions as businesses can now sue only if a statement caused, or was likely to cause, serious financial loss
  • People bringing a libel action will now have to prove that the statement caused, or was likely to cause, serious harm to their reputation.

Further information can be found on the Defamation Summary and from Legal Support at legal.support@durham.ac.uk

Accessiblity issues

16. Does your recording need to be available in a variety of formats to ensure accessibility?

If you are preparing teaching material you are required to make ‘reasonable adjustment’ to ensure that all students gain an equivalent opportunity to learn the material. Consult with you department’s Disability Officer to determine what if anything you need to do. 

Complaint or request to takedown

17. What steps must I take upon receipt of a copyright holder’s complaint?

The takedown policy states the University policy and procedures. If you are making your recording available on the University website or through any University channels such as YouTube then it is advised that you provide a link to the takedown policy. Note that when a complaint is received your object is taken down until that complaint is refuted by you.

 

A Checklist for Staff Recording An Event, Lecture or Other Teaching

This quick reference guide is a checklist of questions for you to consider before creating video recording of an event that you plan to upload to the Internet. It is intended to help you avoid performance and other intellectual property infringements

Recording the actual event

1. Are the appropriate consents in place prior to record any ‘performances’?

For example, participates in an interview or debate, or actors in a theatrical performance. This is particularly important when the person is the focus of the recording, an interviewee for example.

You need to attain written consent prior to recording the event. The permission to record template is suitable for people aged 18 or over.

2. If you are recording part or all of a live event (e.g. seminar, guest lecture) do all attendees (staff, students, and the public) know that a recording is taking place?

It is necessary to make this clear verbally and by appropriate signage, however, using both methods would be best. The notice of recording template contains the recommended information to post outside and around the room, and to print in any hand-outs or brochure.

It is also useful to put a notice of recording powerpoint slide up on screen as well.

3. Is there an alternative for those who do not wish to be included in a recording?

An opt-out might include an area outside the camera shot, or time for questions and discussion after the recording has ceased.

4. It is strongly recommended that you let people know all the possible places the video is to be used wholly or in part. Places to consider are:

  • The University, college or department website
  • Any public website not associated with the University
  • Uploaded to the virtual learning environment (duo) to be used in the current year’s teaching
  • Uploaded to the virtual learning environment (duo) to be used in future years’ teaching. You should provide the number of years you intend to use the video.
  • To be shown at another live event associated with the University, college, or academic department.

5. Are you recording any children or images of children?

You are required to have the child’s Parent or Guardian permission and they must sign an authorisation for public release of images of children. There are no exceptions and includes getting the appropriate permission even when the child is related to you. 

Using copyright materials in the recording

6. Has any guest lecturers who will be presenting their own material that you are recording indicated that they will accept all responsibility for the copyright and performance rights in their material?

If not please have them sign the permission to record form.

7. Is all content for the event new?

If not, permission to use it may be required. Please see the checklist for staff creating video for teaching.

8. Will you be using copyright material readily available on the Internet in your recording for example a YouTube video?

If you do not have permission to include the item in your recording prior to the event then provide the link to the item in the recording and then pause the recording for the duration of time the copyright item is used in the live event. Alternatively, you can remove it from the recording before you share your recording. 

If you have any further questions on Copyright please contact the University’s Legal Support team at legal.support@durham.ac.uk

Data protection and research issues

9. Will you be disclosing any personal data or sensitive personal data in your recording?

If so, written consent is required. There are two forms permission to disclose personal data or the permission to disclose sensitive personal data.

For further information on Data Protection visit either the University’s Data Protection web materials or the ICO website. If you have any concerns please contact Governance and Executive Support at info.access@durham.ac.uk.

10. Are you going to disclose any details of your research, in particular research findings?

☑ If so, do the terms of your research funding agreement(s) allow you to ‘publish’ confidential research details and / or findings?

☒ If not, are there ways of anonymising the data that are acceptable to the funding body?

Please, remember that recording and uploading material to the vle (duo) is publishing and that undergraduates and taught postgraduates are considered a ‘third party’ in research funding agreements. There may also be Freedom of Information implications because disclosure of unpublished research data in a recording may make it very difficult to withhold the same information from a Freedom of Information request.

If you have any questions or concerns consult with Legal Support or the Research Office or Governance and Executive Support.

11. Is commercially valuable, unpublished or sensitive content to be recorded?

This will increase risk of liability for the University. There may also be Freedom of Information implications because disclosure of commercially sensitive data in a recording may make it very difficult to withhold the same information from a Freedom of Information request. 

If you have any questions or concerns consult with Legal Support or the Research Office or Governance and Executive Support.

Libel

12. Are you planning to criticize anyone professionally or personally in your recording?

Libel is defamation of a person through a permanent form of communication, including recordings. In any libel action the claimant is always believed to be of good character and the burden of proof on the defendant.

There have been recent changes to the laws concerned with Defamation (the Defamation Act 2013). Of particular relevance to HEIs is that privileged material which is protected from defamation actions is now extended to include:

  • Peer-reviewed statements in scientific and academic journals
    • so long as certain conditions are met
    • Reports of scientific and academic conferences (and related documents).

Also of significance is that

  • Institutions as businesses can now sue only if a statement caused, or was likely to cause, serious financial loss
  • People bringing a libel action will now have to prove that the statement caused, or was likely to cause, serious harm to their reputation.

Further information can be found on the Defamation Summary and from Legal Support at legal.support@durham.ac.uk

Complaint or request to takedown

13. What steps must I take upon receipt of a copyright holder’s complaint?

The takedown policy states the University policy and procedures. If you are making your recording available on the University website or through any University channels such as YouTube then it is advised that you provide a link to the takedown policy. Note that when a complaint is received your video is taken down until that complaint is refuted by you. 

Often student presentations are done in a one or two hour timeslot with the presentations delivered one after another. Recording the students’ individual or group presentations will provide you with the opportunity to:

  1. Review the presentation before finalising the grade
  2. Provide richer and more personalised feedback
  3. Allow the students to review the feedback in context of their recorded presentation

You could also if required give your department’s External Examiner access to the videos to be put into context with the grades and feedback.

A Checklist for Recording Student Presentations for Assessment

1. Have you notify students of the intention to record their presentations as part of the assessment description?

Whether the presentation is to be formative or summative assessment we recommend that you notify students of your intention to record the presentations at the earliest opportunity. It would be preferable to include the intention to record the presentation in any description of the assessment.

It is necessary to make this clear verbally and by appropriate signage, however, using both methods would be best. The notice of recording template contains the recommended information to post outside and around the room, and to print in any hand-outs or brochure.

It is also useful to put a notice of recording powerpoint slide up on screen as well.

2. Are the appropriate consents in place prior to recording the assessed presentations?

You need to obtain written consent of each student to be recorded prior to recording the presentations. The permission to record template is suitable for students aged 18 or over.

3. Do you have any students under the age of 18 in the cohort?

You need to obtain written consent from the student’s parent or guardian for them to be recorded.You are required to have the child’s Parent or Guardian permission and they must sign an authorisation for public release of images of children. There are no exceptions and includes getting the appropriate permission even when the child is related to you.

A Checklist for Students Creating Video for Assessment (Formative or Summative)

This quick reference guide is a checklist of questions for you to consider before creating video for an assignment. It is intended to help you avoid copyright other intellectual property infringement in your work. 

As with all your assessments you must acknowledge all sources and ensure you do not plagiarise. Please check with your department for their required format of acknowledgment (referencing). 

This guide is for Undergraduates and Taught Postgraduates. Postgraduate Research students are treated as staff with regard to copyright law and should refer to the staff guidance notes (see above).

Questions to consider:

1. Is all content new and created by you?

If not, permission is required. Read the questions below and discover what you need to do to use content that is not yours.

Undergraduates and Taught Postgraduate students own the copyright on their work at the University. 

2. Is the content to include work previously submitted as an assessment by you?

☑ If so, please be sure you are aware that University has rules about “multiple submission”.

Check with your department that the amount of previously created content is not an inappropriate amount.

Copyright and Moral Rights questions

3. Are there alternatives to copyright materials that are openly licensed materials?(Creative Commons, Flickr, Advanced search on Google, or free music loops)

This will help avoid risk. See the copyright and creative commons content to understand the licences.

4. Does the University have a licence that permits inclusion in your video?

Some video content is covered by licensing agreements e.g. CLA and ERA.

If you are unsure if the terms of licence allow you to use some or all of the content in your video then check with the Library’s Copyright Officer Colin Theakston  and ensure you use the material in accordance with the terms of the relevant licence.

5. Is content included in your video for the legitimate purposes of criticism, review, or reporting current events?

If the amount of content to be used is within the boundaries of a fair dealing’ then you may use it with sufficient acknowledgement. If you are unsure then review the details in copyright and creative commons pages.

6. Are you planning to use or alter all or part of an original literary, dramatic, musical, artistic work, film, or photograph in your video?

☑ If so, do you have the permission of the person (author of the original literary, dramatic, musical or artistic work, the director of the film or the photographer) who holds the moral rights (including performance rights) of the material you are planning to use or alter?

☒ If not, the please ask their permission being sure to notify them of where you are planning to use/upload the recording and what (if any) alterations you are planning. 

If you are unsure check the moral rights summary or contact Legal Support at legal.support@durham.ac.uk.

Note that if you are planning on using any film or photograph that was originally commissioned by someone for a private or domestic purpose (e.g. a wedding ceremony) copyright is held by the individuals who commissioned the work. You will need to seek their permission.

7. Do you know how to correctly attribute rights holders?

This will depend on the licence terms or exception being used, and your department’s preferred referencing style. Sufficient acknowledgement usually means the author, creator, director, and/or performer are named and the original work is identified by title or description.

8. Are appropriate consents in place to record any ‘performances’?

For example, other students performing a work or participates in an interview or debate.

This is particularly important when the person is the focus of the recording, an interview for example.

You are required to have written consent prior to the event. The permission to record template is suitable for people aged 18 or over.

9. Are you recording any children or images of children?

You are required to have the child’s Parent or Guardian permission and they must sign an authorisation for public release of images of children. There are no exceptions and includes getting your Parent’s permission to use your sibling in your recording.

10. If you are recording part or all of a live event (e.g. seminar, guest lecture) do all attendees (staff and students) know that a recording is taking place?

It is necessary to make this clear verbally and by appropriate signage, however, using both methods would be best. The notice of recording template contains the recommended information to post outside and around the room, and to print in any hand-outs or brochure.

It is also useful to put a notice of recording powerpoint slide up on screen as well.

11. Is there an alternative for those who do not wish to be included in a recording?

An opt-out might include an area outside the camera shot, or time for questions and discussion after the recording has ceased.

You must let people know all the possible places the recording is to be published (hosted) e.g. assessment upload to duo, college or society web site, personal blog… and how it is to be used. If you want to change where it is published or use it for a different purpose then you must seek advice from Governance and Executive Support at info.access@durham.ac.uk

If you think any change in how the video is published or used will affect its copyright please contact the University’s Legal Support team at legal.support@durham.ac.uk.

Data Protection and research issues

11. Will you be disclosing any personal data or sensitive personal data in your recording?

☑ If so, written consent is required. There are two forms permission to disclose personal data or the permission to disclose sensitive personal data.

For further information on Data Protection visit either the University’s Data Protection web materials or the ICO website. If you have any concerns please contact Governance and Executive Support at info.access@durham.ac.uk.

12. Are you going to disclose any details of research connect to a research grant held by a member of your academic department?

Perhaps you were given some research data sets or information about interim results. Active research is subject to confidentially agreements in research funding agreements. There may also be Freedom of Information implications because disclosure of unpublished research data in a recording may make it very difficult to withhold the same information from a Freedom of Information request.

☑ If so, please contact the academic who assigned the work or the academic leading the research and get their advice as to what you may and may not use in your recording.

13. Is commercially valuable, unpublished or sensitive content to be recorded?

This will increase risk of liability for the University. There may also be Freedom of Information implications because disclosure of unpublished research data in a recording may make it very difficult to withhold the same information from a Freedom of Information request.

If so, please contact the academic who assigned the work.

Libel

14. Are you planning to criticize anyone professionally or personally in your recording?

Libel is defamation of a person through a permanent form of communication, including recordings. In any libel action the claimant is always believed to be of good character and the burden of proof on the defendant.

There have been recent changes to the laws concerned with Defamation (the Defamation Act 2013). Of particular relevance to HEIs is that privileged material which is protected from defamation actions is now extended to include:

  • Peer-reviewed statements in scientific and academic journals
    • so long as certain conditions are met
    • Reports of scientific and academic conferences (and related documents).

Also of significance is that

  • Institutions as businesses can now sue only if a statement caused, or was likely to cause, serious financial loss
  • People bringing a libel action will now have to prove that the statement caused, or was likely to cause, serious harm to their reputation.

Further information can be found on the Defamation Summary and from Legal Support at legal.support@durham.ac.uk

Accessiblity issues

15. Does your recording need to be available in a variety of formats to ensure accessibility?

As an example if your assessment is to be peer reviewed you should check with your department to see if you are expected to make ‘reasonable adjustment’ to the recording.

Complaint or request to take down

16. What steps must I take upon receipt of a copyright holder’s complaint?

The takedown policy states the University policy and procedures. If you are making your recording available on the University website or through any University channels such as YouTube then it is advised that you provide a link to the takedown policy. Note that when a complaint is received your object is taken down until that complaint is refuted by you.

A Checklist For Students Recording An Event

This quick reference guide is a checklist of questions for you to consider before creating video recording of an event that you plan to upload to the Internet. It is intended to help you avoid performance and other intellectual property infringements

Recording the actual event:

1. Are the appropriate consents in place prior to record any ‘performances’? For example, participates in an interview or debate, or actors in a theatrical performance. This is particularly important when the person is the focus of the recording, an interviewee for example.

You must attain written consent prior to the event. The permission to record template is suitable for people aged 18 or over.

2. If you are recording part or all of a live event (e.g. seminar, guest lecture) do all attendees (staff, students, and the public) know that a recording is taking place?

It is necessary to make this clear verbally and by appropriate signage, however, using both methods would be best. The notice of recording template contains the recommended information to post outside and around the room, and to print in any hand-outs or brochure.

It is also useful to put a notice of recording powerpoint slide up on screen as well.

3. Is there an alternative for those who do not wish to be included in a recording?

An opt-out might include an area outside the camera shot, or time for questions and discussion after the recording has ceased.

4. It is strongly recommended that you let people know all the possible places the video is to be used wholly or in part. Places to consider are:

  • YouTube or similar video sharing site
  • The University, college or society website
  • Your personal website or blog
  • Any public website not associated with the University
  • Uploaded to the virtual learning environment (duo) as assessment private between you and the lecturer
  • Uploaded to the virtual learning environment (duo) to an area open to peers in the same cohort
  • To be shown at another live event associated with the University, college, or academic department.

5. Are you recording any children or images of children?

You are required to have the child’s Parent or Guardian permission and they must sign an authorisation for public release of images of childrenThere are no exceptions and includes getting your Parent’s permission to use your sibling in your recording.

Using Copyright materials in the recording

6. Is all content for the event new?

If not, permission to use it may be required. Please see the checklist for students creating video for assessment.

7. Will you be using copyright material readily available on the Internet in your recording for example a YouTube video?

If you do not have permission to include the item in your recording prior to the event then provide the link to the item in the recording and then pause the recording for the duration of time the copyright item is used in the live event. Alternatively, you can remove it from the recording before you share your recording. 

If you have any further questions on Copyright please contact the University’s Legal Support team at legal.support@durham.ac.uk

Data Protection and research issues

8. Will you be disclosing any personal data or sensitive personal data in your recording?

If so, written consent is required. There are two forms permission to disclose personal data or the permission to disclose sensitive personal data.

For further information on Data Protection visit either the University’s Data Protection web materials or the ICO website. If you have any concerns please contact Governance and Executive Support at info.access@durham.ac.uk.

 9. Are you going to disclose any details of research connect to a research grant held by a member of your academic department?

Perhaps you were given some research data sets or information about interim results. Active research is subject to confidentially agreements in research funding agreements. There may also be Freedom of Information implications because disclosure of unpublished research data in a recording may make it very difficult to withhold the same information from a Freedom of Information request.

If so, please contact the academic who assigned the work or the academic leading the research and get their advice as to what you may and may not use in your recording.

10. Is commercially valuable, unpublished or sensitive content to be recorded?

This will increase risk of liability for the University. There may also be Freedom of Information implications because disclosure of commercially sensitive data in a recording may make it very difficult to withhold the same information from a Freedom of Information request.

If so, please contact the academic who assigned the work.

Libel

11. Are you planning to criticize anyone professionally or personally in your recording?

Libel is defamation of a person through a permanent form of communication, including recordings. In any libel action the claimant is always believed to be of good character and the burden of proof on the defendant.

There have been recent changes to the laws concerned with Defamation (the Defamation Act 2013). Of particular relevance to HEIs is that privileged material which is protected from defamation actions is now extended to include:

  • Peer-reviewed statements in scientific and academic journals
    • so long as certain conditions are met
    • Reports of scientific and academic conferences (and related documents).

Also of significance is that

  • Institutions as businesses can now sue only if a statement caused, or was likely to cause, serious financial loss
  • People bringing a libel action will now have to prove that the statement caused, or was likely to cause, serious harm to their reputation.

Further information can be found on the Defamation Summary and from Legal Support at legal.support@durham.ac.uk

Complaint or request to takedown

12. What steps must I take upon receipt of a copyright holder’s complaint?

The takedown policy states the University policy and procedures. If you are making your recording available on the University website or through any University channels such as YouTube then it is advised that you provide a link to the takedown policy. Note that when a complaint is received your object is taken down until that complaint is refuted by you.