Copyright Guidelines for ReVIEW Lecture Capture

Please note these guidelines apply during normal teaching conditions in lecture or seminar rooms and are not intended for pre-recorded sessions or those streamed via live online delivery. For the latter, please refer to the Learning and Teaching 2020 webpages.

Loughborough University encourages you to use ReVIEW lecture capture to record your teaching sessions. These guidelines have been set out to make you aware of copyright to avoid accidental infringement. This document does not constitute legal advice but instead provides general guidance.

During lectures or seminars, a legal exception is likely to cover copies of any third-party copyright material that you use e.g. images in PowerPoint presentations or short clips from commercially available films. However, when a lecture is recorded a secondary copy of the material is created and the legal exception does not cover this second copy. This is where copyright infringement can inadvertently occur.

In cases where it is not possible to clear all the rights (e.g. use of orphan works), you may need to apply a risk-based approach. It is useful to know that the ReVIEW system does not include any paused or edited information in the final recording. Therefore, if you want to include any third-party copyright material in your lecture but do not wish for this to be recorded as a lecture capture then just pause the recording when you are showing this content. However, please remember to make this information available to students from elsewhere, e.g. by providing a link to a video from Learn.

If you wish to copy materials protected by copyright, please ensure one of the following applies:

1. The copyright period in the material has expired
2. You own the copyright of the material
3. Loughborough University owns the copyright of the material e.g. University publicity material, other learning and teaching resources produced by the University
4. You have specific permission from the copyright owner to use the materials in this way.

You are responsible for making sure that your recorded lectures do not infringe copyright.

• Both you and the University are at risk from being sued and/or prosecuted for infringing copyright, by creating recorded lectures using ReVIEW, or uploading materials to LEARN.
• Simply placing copyright protected materials within a password protected environment does not make it legal – it is still unauthorised copying.
• Although it may be legal to use these materials within a class, it does not necessarily make it legal to include them within a recorded lecture and/or upload these onto LEARN.
• Loughborough University will enforce a notice and take down policy in the light of any proven copyright infringement.

The information provided here is intended as a summary. If you require more detailed information about copyright issues then please contact copyright@lboro.ac.uk. For additional help with ReVIEW lecture capture, please contact ReVIEW@lboro.ac.uk.

Although it may be your work, you may have already signed away the copyright to this if you have had the research published by a journal. Any publishing agreement must be checked to see how the work can now be used. It may be possible to use the pre-print version of the article, including the illustrations. Please check with the Copyright and Licensing Manager if you are unsure.

Although it is very easy to download images from the Internet and insert them into your presentations, these images will almost certainly be subject to some sort of copyright, and unless you own the copyright yourself, it is NOT legal or acceptable just to download them and use them in your recorded lectures.

Images are of course a very powerful aid and may often form an essential part of your teaching. Fortunately there are many ways that you can legally source and use images in your recorded lectures:

• Use images where copyright has expired or are in the public domain (copyright owner has waived their rights).
• Many sites e.g. Flickr, allow you to use images subject to a Creative Commons (CC) licence - all CC licences mean the copyright owner must be attributed and there may be other restrictions on its use.
• There are an increasing number of Open Educational Resources that allow the use of images in this way.
• Create your own.
• Obtain permission to use them from the copyright holder.

The lecture recording process will only make a very low grade copy of any videos you show in class, so this is not a recommended way to make such materials available to your students. These low grade copies are still subject to copyright however, so please bear the following in mind:

• Commercially purchased DVDs should not be recorded in this way unless you get permission from the copyright holder
• The copyright in videos that you might show from sites such as YouTube or iTunes resides with the creator of the video, so again you would need to obtain permission directly from them (YouTube or iTunes cannot grant this on their behalf). Some of these materials may be available for educational use or under a CC licence.
• The University’s Box of Broadcasts (BoB) can be used to record any free-to-air TV or radio programmes which are saved indefinitely. A link to the recordings can then be made available from Learn.
• On demand services such as the BBC’s iPlayer are not covered by the off-air recording licence so cannot be made available online as part of a recorded lecture. Instead use BoB to record a programme and link to this from Learn.

If you wish to use any of the above in a recorded lecture, you will need to edit these parts out of the recording. Either pause the recording or contact ReVIEW@lboro.ac.uk for advice about this.

Commercially bought audio CDs can be used in class, but should not be included in a lecture recording. The recording should be paused whilst playing these clips, or these sections will need to be edited out from the recorded lecture.

Podcasts that you download from the web normally have an implied licence that enables you to copy and use them. This is because downloading them is a means of copying, so generally speaking you should be ok to use them, unless they have an accompanying statement that precludes their use. As with all these cases, if in doubt – check.

Streamed audio from services such as the BBC Listen Again service may also be used in class but again should not be included in your recorded lectures so must be edited out.

By law the university is required to make accessible copies of copyright material for the personal use of disabled people, section 31A of the CDPA 1988. In ReVIEW when the pause feature is activated, the ‘final recording’ made available on Learn does not automatically show third-party copyright material, as this would be an infringement. However, the full lecture including the paused material of third-party copyright material will have been recorded and can be made available on request as an accessible copy for disabled people should it be required.

You may need to apply a risk-based approach in cases where it is not possible to clear all the rights (e.g. use of orphan works). However, please remember that the ReVIEW system does not include any paused or edited information in the final recording. Therefore, if you want to include any third-party copyright material in your lecture but do not wish for this to be recorded as a lecture capture then just pause the recording when you are showing this content.

You may also wish to consult the University’s Legal Services Team for further guidance.

For specific copyright queries please contact the Copyright and Licensing Manager, Cristina Rusu at copyright@lboro.ac.uk.

For queries or concerns about ReVIEW Lecture Capture please contact: ReVIEW@lboro.ac.uk or find further information at ReVIEW Lecture Capture.

For queries relating to the University’s Legal Services Team please visit the Legal Services webpage. 

This guidance has been adapted under a Creative Commons Attribution Non Commercial Share Alike Licence from guidelines produced for the University of Sheffield by G. McElearney. This document is licensed with a similar CC BY-NC-SA 3.0 licence.

Copyright Guidelines for ReVIEW Lecture Capture, revised on 10th July 2023, by C. Rusu.