Recording of Lectures and other Teaching Activities Policy

Purpose

The purpose of this policy is to make clear the rights and responsibilities of teaching staff, students, the University and other parties as regards the recording of lectures and other teaching activities.  This includes rights and responsibilities pertaining to:

• the copyright of original material produced by teaching staff and students
• the use of third-party copyright material in lectures and other teaching activities
• consent processes and privacy considerations in relation to the recording of lectures and other teaching activities
• subsequent use of recordings of lectures and other teaching activities.

Organisational scope

This policy applies university wide to teaching activities directed at enrolled students.  Inaugural Professorial Lectures, public lectures and other similar events do not fall under the jurisdiction of this policy.

Definitions

Active Participants

All those involved in the formal presentation of a lecture or other teaching activity, including lecturers, student presenters, people used for demonstration purposes (e.g. patients or actors) and guest speakers.  Students incidentally contributing to discussions in the course of a lecture (e.g. through asking questions) are not included in this definition.

Fair Dealing

A limitation on copyright which allows a person to use copyright material in certain ways without seeking permission from the copyright owner.  
See the Copyright at Otago webpages for more information

Lecture

For the purposes of this policy, includes all lectures, tutorials, laboratories, seminars and other teaching activities relating to enrolled students.

Lecturer

For the purposes of this policy, includes any staff member teaching in, or facilitating, a lecture; this may, where relevant, include an overall coordinator in papers taught by multiple staff.

Recording

For the purposes of this policy, means capturing part or all of a lecture via audio, video, photographic or other technologies, or the product of such capture (e.g. a photograph, video or audio file).

Personal Recording

For the purposes of this policy, means a recording of a lecture made by a student.  Student-produced lecture notes are not included in this definition.

RestrictedRecorded Lecture

A recorded lecture to which access is restricted, via University log-in requirements and/or clear notification of restricted status, to students formally enrolled in the relevant paper or papers.

University Recording

A recording made by the University using University-owned recording technology.  A recording made by a lecturer on their personal device is not covered by this definition.

Content

1. Rights and Responsibilities of the Lecturer

1. The lecturer owns the copyright for material he or she produces for the lecture.
2. The lecturer has the power to permit or prohibit recording of lectures which he or she delivers:
   1. the University cannot record a lecture unless the lecturer requests this or otherwise grants their consent for a recording to take place, and
   2. students cannot record or otherwise capture lectures without the clear consent of the lecturer.
   3. Lecturers are encouraged to inform students as to what recording, if any, is permitted in their lectures, and should note any additional restrictions where other active participants are involved in presenting particular lectures.
3. The lecturer has the right to distribute University recordings of his or her lectures, subject to the provisions of this policy and clause 4 of the University's Intellectual Property Rights Policy.
4. As regards the use of the copyrighted material of others in recordings, the lecturer is responsible for ensuring that:
   1. the material of others is used in accordance with the University's copyright licensing agreements and NZ copyright legislation (see the University's Copyright at Otago webpages and specifically information on Copyright in Lectures – and distribution on Blackboard and iTunes U); and
   2. permission is obtained for the use of any material not covered by copyright licences or by exceptions under legislation (e.g. fair dealing provisions).
5. The lecturer is responsible for informing all active participants if a lecture is to be recorded and of the extent of any planned distribution of the recording.
6. Except in the case of students for whom being recorded is a condition of enrolment (see clause 4(c) below), the lecturer must make reasonable arrangements to the satisfaction of any active participant who does not want to be recorded and/or have recordings distributed.  Such arrangements may include altering or cancelling recording and/or restricting distribution of the recording.
7. Where a lecturer makes their own recording of a lecture, they are responsible for:
   1. informing students that the lecture will be recorded, and
   2. ensuring that the conditions listed under 2(d)i-iii below are met if the recording is to be distributed or otherwise made available by the lecturer.

2. Rights and Responsibilities of the University

1. The University must obtain consent from the lecturer when lectures are to be recorded (see clause 1(b)).
2. Information Technology Services shall ensure that all University recordings intended for distribution are appropriately identified with the University of Otago.
3. The University must gain consent from the lecturer to distribute University recordings of his or her lectures, except where such distribution is permitted under the provisions of the Intellectual Property Rights Policy, clause 4(b) of which includes the right to reproduce the lecturer's copyright material for use within the University for teaching and research purposes.
4. When distributing or otherwise making available a recording of a lecture to persons other than staff or enrolled students, the University is responsible for ensuring that:
   1. all active participants have consented to recording and distribution
   2. copyright permissions relating to embedded material e.g. video, audio recordings, pictures, have been obtained, and
   3. copyright warning and limitation of use notices accompany the recording as appropriate.
5. The University shall, via lecture room door signage and/or other notifications, inform students when a lecture they are attending may be recorded by the University.
6. The University shall, via the Copyright at Otago webpages, the Manager, Copyright and Open Access (email: copyright@otago.ac.nz) and/or other means, advise lecturers on copyright issues relating to the distribution and use of recordings.

3. Rights and Responsibilities of Students

1. Students own the copyright for any material they produce for a lecture (e.g. for a student presentation or student-led lecture).
2. Students presenting in lectures are expected to use the material of others in accordance with New Zealand copyright legislation as per advice provided on the Copyright at Otago webpages, including the Copyright in Lectures webpage.
3. With respect to restricted recorded lectures provided by the University, students:
   1. are entitled to access restricted recorded lectures that relate to papers for which they are formally enrolled, subject to any restrictions put in place by lecturers
   2. may not access restricted recorded lectures for papers in which they are not enrolled, and
   3. may not distribute or otherwise circulate to a third party any restricted recorded lectures they are permitted to access.
4. Students may only make personal recordings of lectures with the permission of the lecturer, and may only use such recordings for the purposes of private study or research.

4. Privacy Provisions

1. Students attending lectures in which they are not active participants will not normally be recorded, except where such recording is unintentional, incidental or clearly announced in advance of the recording being made.
2. Where tutorials and other teaching activities based primarily around student-generated discussion are recorded, students shall be treated as active participants (see clauses 1(e), 1(f) and 4(c)).
3. Where recording of students is an integral part of a paper, and recording and distribution information is made clear to students prior to enrolment, enrolment in the paper shall be taken as consent to be recorded and for recordings to be distributed, as specified in the information provided.
4. Regardless of any other restrictions on access, any clearly identifiable participant in a recorded lecture is entitled to access to the relevant part of that recorded lecture, under Section 22; Principle 6 of the Privacy Act 2020.
5. Where any participant in a lecture, whether an active participant or a student in attendance, has concerns about their identifiable actions in a recording of a lecture, they may make a written request for resolution, detailing their concerns, to the relevant lecturer.
6. A lecturer receiving a request under clause 4(e) may refer this to another appropriate member of staff where the concerns expressed in the request relate to distribution outside the direct control of the lecturer (e.g. University distribution of material).
7. On receiving a request under clause 4(e), the lecturer (or other staff member considering the request) shall decide on an appropriate course of action.  This must involve a resolution satisfactory to the person making the request (e.g. restrictions on distribution, or deletion or editing of the recording in question) where that person is:
   1. an active participant who was entitled to, but not given, reasonable opportunity to express concerns about recording or distribution under clauses 1(e) and 1(f)
   2. an active participant who has not granted consent for distribution of recordings beyond that restricted to University staff and students, in the case of wider distribution by the University, or
   3. a clearly identifiable student who attended the lecture (not as an active participant) and who has provided reasonable grounds that their identifiable inclusion in the recording will cause them significant undue distress (in such cases University compliance with clause 4(a) above should also be taken into account).
8. A person making a request under clause 4(e) who is dissatisfied with the outcome provided under clause 4(g) may request a review of the decision from the University's Privacy Officer.

Related policies, procedures and forms

• Copyright at Otago webpages
• Guidance for staff on Copyright in Lectures – and distribution on Blackboard
• Intellectual Property Rights Policy
• Copyright Act 1994
• Privacy Act 2020

Contact for further information

If you have any queries regarding the content of this policy or need further clarification, contact the Manager, Policy and Compliance on policycompliance@otago.ac.nz