Copyright Guidelines for Content Capture

The following guidelines have been written as a guide for staff wishing to use the University’s content capture service. Content capture refers to the storage and use of staff and student-created audio and video content, captured during formal teaching events. The document provides a brief summary of the main issues to consider when using third party materials that may be subject to Copyright. These guidelines do not constitute legal advice.

Summary of the key issues:

Although it may often be legal and acceptable to use certain copyright protected materials in lectures and seminars, e.g. images in PowerPoint presentations or video clips from commercially available DVDs, it may not be legal or acceptable to record the use of these materials using a content capture system unless

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

This is because recording the lecture using a content capture tool like Panopto is classified as making another copy, and is therefore a copyright infringement.

It is important to remember that:

• 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, either within recorded lectures using Panopto, or uploading materials to Moodle, and/or a video streaming service
• Simply placing copyrighted 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 to Moodle

The University of Portsmouth will enforce a notice and take down policy in the light of any proven copyright infringements.  Further details about notice and takedown can be found in the University’s Copyright Policy.

Specific Issues:

Material from your own/colleagues research, including tables and images

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.  If you need help with this then please contact the Research Outputs Team. Otherwise it may be possible to request for extracts of journal articles to be scanned by the Library under the CLA licence – contact the Library for more details about digitisation. 

Images

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 use images in your recorded lectures:

• Use images where their copyright has expired
• 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
• You could use an Open Educational Resources that allows the use of images in this way
• Create your own
• Use a licensed image from one of the resources available from the Library, e.g. ARTSTOR
• If you have an image in a book that is on your reading list, you can have this scanned by the Library and use it in class in conformance with the CLA licence
• Obtain permission to use them from the copyright holder

 Video materials

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 resides with the creator of the video, so again you would need to obtain permission directly from them (YouTube, for example, cannot grant this on their behalf). Some of these materials may be available for educational use or under a CC licence.
• Television programmes can be recorded off-air to show in class but unfortunately, under the University’s current ERA licence, cannot be made available for viewing online to distance learning students outside the UK.

If you wish to use any of the above in a lecture you want to record, you will need to either pause the recording during the video or edit these parts out of the recording later.  If you have used web-based video, such as Box of Broadcasts, in your lecture then it is a good idea to provide your students with a link so they can view the content outside the lecture.

Sound recordings

Commercially bought audio CDs can be used in class, but should not be included in a lecture recording, so 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, as 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 BBC Sounds may also be used in class but again should not be included in your recorded lectures so must be edited out.

Further Information

For more detailed information about copyright, please read the Library’s Copyright Guidelines. We are happy to provide help and guidance if you have any concerns or questions about this - please contact david.sherren@port.ac.uk for advice.

Content Capture Policy (Staff)

Content Capture Policy (Students)

This page has been adapted from an original produced by Dr Graham McElearney at the University of Sheffield, available at https://repository.alt.ac.uk/819/. Use of the content was permitted under a Creative Commons Attribution Non Commercial Share Alike Licence. © Copyright The University of Sheffield 2010.