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Durham University

Computing and Information Services

Recording

Use of sound and video recordings, films and broadcasts are valuable learning resources. The use of them in an educational context is affected by copyright law and in some cases, by the provisions of licenses held by the University.

Commercially produced recordings

Commercially produced recordings, e.g. videos or DVDs of films, can be shown or played to students for the purposes of instruction. This applies even if the item carries a, “For home use only”, warning or similar.

They may be lent to staff and students.

They may be copied only in the following very limited circumstances.

  • By the making of a film or film sound-track in the course of instruction, or of preparation for instruction, in the making of films or film sound-tracks. Note, this copying may only be done by the staff or students involved in the course.
  • For examination purposes.

For information on citing sound and video recording see the British Universities Film and Video Council’s Audiovisual Citation Guidelines

Off air recordings

Off air recordings may be from:

  • Broadcasts by members of the Educational Recording Agency (ERA) – this includes BBC Television and radio, ITV, Channel 4, Channel 5 and S4C. ERA does not cover Open University (OU) television programmes.
  • Open University (OU) television programmes
  • British Universities Film and Video Council (BUFVC)
  • Broadcasts not covered by ERA, e.g. cable and satellite, overseas broadcasting organisations.

Different considerations apply to each of these categories.

Educational Recording Agency (ERA)

The Educational Recording Agency (ERA) licence permits us to record broadcasts by members of ERA and to use these recordings for non-commercial educational purposes.

All recordings must be marked with the date and time of the recording, the programme title, the name of the broadcaster and carry a statement in clear and bold lettering that,

“This recording is to be used only for educational and non-commercial purposes under the terms of the ERA Licence”.

Recordings may be held in Departments, Schools, Faculties, or in the University Libraries.

They may be played to students, viewed and borrowed by them for educational purposes only.

You can record whole programmes, extracts or parts of programmes, and may make compilations of extracts from different programmes.

  • The recordings may be made in any medium, e.g. videotape, DVD etc.
  • You may edit a recorded programme but must not adapt it, e.g. separate the original soundtrack from the picture and add a new commentary.
  • Credits are part of the programme and should not be edited from recordings. If you are using extracts, you should try to include the credits if possible.
  • Further copies of recordings may be made provided that they are for educational purposes only and bear the correct label (see above).
  • They may also be copied for examination purposes.

You may include extracts or whole programmes from ERA recordings in a virtual learning environment (e.g. duo) or other e-learning environment provided that it is accessible only on University premises. This is still the case even if the virtual learning environment is password protected or access is otherwise controlled by an authentication system. The extract or programme will need to carry the correct label (see above). If the e-learning environment is accessible off campus, express written permission would need to be obtained from the rights holder(s) before any recorded material could be included.

Open University (OU) Licensed Off Air Scheme

Cable and satellite broadcasts and those transmitted by overseas broadcasting organisations are not covered by the ERA Licence; however, they may be recorded for non-commercial educational purposes by virtue of the Copyright Designs and Patents Act 1988 (CDPA).

The Recordings must bear, sufficient acknowledgement”, e.g. the date, time and source of the broadcast.

The University has a licence from Open University Worldwide Limited which permits, within specified terms, the off-air recording of Open University programmes for educational purposes.

Under the terms of the licence the University is required to keep an up-to-date log of all Open University records made, including the:

  • programme number
  • programme title
  • date recorded
  • number of copies held
  • date erased (if applicable)

Your Head of Department/School will be asked on an annual basis to complete and submit a log sheet which is part of the annual collected return for the University. The log sheet should list all Open University recordings held/erased by members of staff within the Department/School over the period 1 July to 30 June and must include the information required under the terms of the licence (1-5 above).

Recordings may be made by academic staff personally either on University premises or at home. They may be held in Departments, Schools, Faculties, or in the University Libraries.

Recordings must not be made available outside the University premises, nor be included in an e-learning environment without permission from the rights holder(s).

They may only be copied in the following very limited circumstances.

  • By the making of a film or film sound-track in the course of instruction, or of preparation for instruction, in the making of films or film sound-tracks. Note, this copying may only be done by the staff or the student(s) involved in the course.
  • For examination purposes.

British Universities Film and Video Council (BUFVC)

BUFVC offer an off-air television recording back-up service on behalf of educational institutions that hold an Educational Recording Agency (ERA) license.

The Off-Air Recording Back-Up Service currently records BBC1, BBC2, BBC3, BBC4, BBC Radio 4, ITV1, Channel 4 and Five programmes, though, not Open University programmes.

BUFVC membership allows us to request CD/DVD copies of missed television programmes broadcast since June 1998. Copies of radio programmes broadcast from 18th September 2008 will be delivered on CD as MP3 files.

Staff wishing to request a missed programme should visit Durham University’s Library webpage containing the details about BUFVC materials

The Recordings must bear, sufficient acknowledgement”, e.g. the date, time and source of the broadcast.

Recordings must not be made available outside the University premises, nor be included in an e-learning environment without permission from the rights holder(s).

Broadcasts Not Covered By Any Of The Above Licences

Cable and satellite broadcasts and those transmitted by overseas broadcasting organisations are not covered by the ERA, OU or BUFVC License, however, they may be recorded for non-commercial educational purposes by virtue of the Copyright Designs and Patents Act 1988 (CDPA).

The Recordings must bear, sufficient acknowledgement”, e.g. the date, time and source of the broadcast.

Recordings may be made by academic staff personally either on University premises or at home. They may be held in Departments, Schools, Faculties or in the University Libraries.

Recordings must not be made available outside the University premises, nor be included in an e-learning environment without permission from the rights holder(s).

They may only be copied in the following very limited circumstances.

  • By the making of a film or film sound-track in the course of instruction, or of preparation for instruction, in the making of films or film sound-tracks. Note, this copying may only be done by the lecturer(s) or the student(s) involved in the course.
  • For examination purposes.

Further information

References

Durham University Copyright licensing webpages

Staffordshire University (2014) Copyright and Virtual Learning Environments, http://www.staffs.ac.uk/legal/copyright/vle/