Educational Video and Audio Recording Policy Responsibility for Policy:

Registrar and Deputy Chief Executive

Relevant to:

All LJMU staff and students

Approved by:

Academic Board, 29th June 2015

Responsibility for Document Review:

As above and/or Director of the Teaching and Learning Academy

Date introduced:

September 2015

Date(s) modified: Next Review Date:

June 2017

RELEVANT DOCUMENTS List here any documents that relate to the creation of this policy  Copyright, Designs and Patents Act 1988 (the CDPA) RELATED POLICIES & DOCUMENTS List here any internal policies or documents that are relevant to this policy e.g.  Blackboard Content Policy  Turnitin policy  Blackboard - Terms and Conditions of use

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Liverpool John Moores University Educational Video and Audio at LJMU 1. Introduction Educational Video and Audio (EVA) resources include the recording of lectures, site visits, student presentations, guest lecturers and software and equipment demonstrations. The recording of these types of activities can support students by:  providing a study aid for review and revision;  helping to accommodate different learning styles;  assisting students who do not have English as their first language This document sets out the University’s policy on the creation, storage and distribution of Educational Video and Audio resources (EVA). The policy is designed to safeguard the University, its staff and its students from litigation relating to aspects of recording, storage and distribution of EVA resources. Please note that the policy relates to all resources stored and distributed within password protected institutional systems such as the VLE (BlackBoard) and to the external distribution to parties beyond the institution, e.g. via YouTube. 2. Objectives   

To create an institutional policy which is informative, encouraging, supportive and conducive towards staff engagement in the creation of educational video and audio resources. To remove barriers which may discourage and prevent academic staff from creating educational video and audio resources. To clarify for academic staff the intention and aims of the introduction and intended use of LJMU’s EVA system.

3. Principles  

EVA creation is a process by which LJMU staff support and enhance LJMU students’ learning and in certain cases extend to helping to inform the wider public. LJMU staff involved in the creation of EVA resources will always be in control of the distribution of those resources unless they have given their permission to share the recording via a different service such as LJMU’s ITunesU account.

4. Copyright Copyright protects the creators of assets such as written works, recordings and images. The UK law relating to copyright is set out in the Copyright, Designs and Patents Act 1988 (the CDPA). This document outlines certain exceptions in this act that provide allowances to educational institutions to use copyrighted materials without the permission of the copyright owner when supporting student learning (for 1

further detail see https://www.gov.uk/exceptions-to-copyright). These exceptions come under the general principle of ‘fair dealing’, which is a legal term used to establish whether a use of copyright material is lawful. There is no strict legal definition of “fair dealing” but past cases have interpreted it to hinge on the economic impact on the copyright holder by unlicensed uses of excerpts of their material. Where the economic impact is not significant, the use may count as fair dealing. Therefore, questions to consider when making a judgement of ‘fair dealing’ would be:   

does using the work affect the market for the original work? is the amount of the work taken reasonable and proportional? does the use of the material create additional revenue beyond usual H. E. dealings , e.g. running a commercial CPD?

The CDPA also permits fair dealing with a work for the sole purpose of illustration for instruction, provided it is:   

by a person preparing for or giving or receiving instruction (including setting and answering examination questions) accompanied by a sufficient acknowledgement (author’s name and title of work), except where impractical used as part of criticism, review, parody, caricature or pastiche

These regulations make it possible to provide off campus access to staff and students to copyright materials via a secure network such as the VLE as long as they follow the principles of ‘fair dealing’. Further links http://www.legislation.gov.uk/uksi/2014/1372/regulation/4/made 5. Defamation Defamation is concerned with the publication of lies, or untruths and a defamatory statement is one which lowers the claimant in the estimation of right thinking members of society. The general rule of UK defamation law is that the publisher of a defamation faces liability and this applies H.E. Institutions as publishers in the same way as any other publisher. This policy encourages LJMU staff creating EVA materials to be observant of making unjustified claims and mindful of ‘out of context’ statements that may be misunderstood within the content of a video or audio recording. Even though the recordings are held in a password protected area this does not mean that it they are exempt to claims of defamation. 6. LJMU EVA system The current LJMU EVA system uses Panopto technology to record, store and distribute recordings. Recording All LJMU staff have access to a system that allows them to record video, audio, PowerPoints and desktop screen capture from any LJMU PC, personal computer, and some mobile devices. 2

This system must only be used with the consent of those who are either being recorded, either by audio or video. Individuals who do not want to be recorded could be accommodated out of sight of the camera, or edited out of the audio recording.

External speakers LJMU staff can record a guest speaker if permission is granted. The guest speakers must be provided with a clear indication as to the intended use and distribution of their recording. Storage The EVA system allows full control of any recording by the individual who has recorded it. The creator of the recording remains in control of that resource and can, edit and delete recording, and select how and when it is released. The EVA system contains folders for each module in the same way as BlackBoard. Any staff on that module in BlackBoard can gain access to the recordings and will have same permissions over the recording as the creator. This is intentionally identical to the permissions used in BlackBoard. How long do we keep recordings The recordings will be kept for three years, in line with BlackBoard modules and then permanently deleted. If staff wish to save recordings beyond this they must copy forward recordings from prevision modules in the EVA system. Distribution The EVA system is connected with BlackBoard, and recordings can be easily shared with modules. Recordings cannot be downloaded and have to be watch online unless specifically enabled by the creator of the resource. Distribution beyond Blackboard LJMU have several externally facing online distribution channels such as LJMU ‘ITunesU’. These are used to promote the institution and its courses. Members of staff who have created EVA resources maybe contacted to ask for permission to use excerpts of their recordings to promote the institution. Accessibility EVA resources have the potential to benefit disabled students by reducing the impact of impairments that affect note-taking in class. However, those students with visual and auditory impairments may be adversely affected by the use of recordings, particularly if there is no alternative method of delivery. For example: A hearing impaired student would require an alternative format for the audio component of a recording if there was to be no other method of delivery.

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Liverpool John Moores University EVA Production and Distribution Policy Recording All staff, students, guest speakers and members of the public directly involved in the recording should be informed that the recording is taking place. Allowances should to be made in order that those taking part in an event which is being recorded can take part but not appear in the recording. For instance pausing the recording if they wish to ask a question or editing their contribution before distributing the recording, or moving to a place out of the cameras view. An exception to this would be the recording of students’ presentations for assessment. The creator of the recording needs to make sure they are following copyright laws including (illustration for instruction & fair dealing) for educational institutions. This includes acknowledging attribution where possible. Storage Folders containing recordings will be deleted automatically after 3 years. If the creator of the recording wishes to continue to use the recording they will have to move that recording to a more recent folder in the EVA system. The creator of any recording will have editing and deletion rights over their recordings unless they have consented to having their recording stored in a different system, e.g. LJMU ‘ITunesU’ account. Distribution The institution will be required to ask for consent from the creator of the recording in order to store the recording outside of the EVA system, e.g. in the LJMU ‘ITunesU’ account. Staff making EVA recordings need to set clear expectations about how recordings can be used as part of their independent study. Staff will need to make alternative formats available of the content to students who require them because of specific hearing or visual impairment Copyright disclaimer The information contained here has been developed to provide guidance on copyright for staff and students at LJMU. The guides contain interpretations of copyright law and are provided for general guidance only. The information contained in this policy does not constitute legal advice. If you see any errors or omissions please let us know.

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Evaluation LJMU will monitor the impact of the EVA service make on student learning through the reporting functionality available within the system and through feedback gathered from staff and student users. Links with other LJMU policies   

Blackboard Content Policy Turnitin policy Blackboard - Terms and Conditions of use

Appendix JISC definitions This section contains excerpts from JISClegal documentation. See http://www.jisclegal.ac.uk/Portals/12/Documents/140620%20Copyright%20Changes %20FAQs.docx Illustration for instruction Illustration for instruction has not been defined other than to state that it applies to dealing with a work by a person giving or receiving instruction or preparing for giving or receiving instruction and includes setting examination questions, communicating the questions to pupils and answering questions. The instruction must be for a non-commercial purpose and the work sufficiently acknowledged. The term ‘illustration’ is not defined. However, it is likely to be interpreted to mean that a copy can be used to illustrate or reinforce a teaching point but cannot be copied merely for aesthetic purposes to make a presentation look more attractive. Fair dealing Fair dealing is a legal term used to establish whether a use of copyright material is lawful or whether it infringes copyright. There is no statutory definition of fair dealing - it will always be a matter of fact, degree and impression in each case. Fair dealing requires a judgement to be made. Every instance of copying is different and where the use would not adversely affect sales of the work and where the amount copied is reasonable and appropriate to the context then it is likely that it can be considered fair dealing. Storing content on blackboard Provided the purpose of placing the work in the VLE is limited to illustration for instruction and the copying is fair then there is no reason the copy could not be placed in the VLE. Restricting access to the learners who are enrolled on the particular course will support the contention that the use is fair. Video clips from other sources are allowed to be stored on blackboard provided the purpose of placing the clips in the VLE is limited to illustration for instruction and the copying is fair in that it does not negatively impact on the market for the original work 5

then the exception permits the copies of the clips being placed in the VLE. This is s.32 of the Copyright, Designs and Patents Act 1998 (CDPA). The use must be noncommercial and sufficiently acknowledged. Who has access to the VLE is a factor to be considered when assessing whether the use is fair. Restricting access to the learners who are enrolled on the particular course will support the contention that the use is fair. Fair dealing with images presents special problems. It is arguable that using low resolution versions of the images and limiting access to the learners enrolled on the particular course, for the duration of the course, will support the contention that the use is fair. Permitting students to download the materials may increase the risk that subsequent use is made of the work which adversely affects the rightsholder, for example copies being shared online. However, giving clear parameters as to the purpose for which students are permitted to download and use the materials minimises risk and increases the likelihood of the dealing being fair. Referencing sources Fair dealing with a work for the sole purpose of illustration for instruction (s.32 CDPA) requires that the original work is sufficiently acknowledged (unless this would be impossible for reasons of practicality or otherwise). This means that teachers are required to reference the source in their hand-outs. Video recordings Section 32 CDPA now covers all works and copying is no longer restricted to being done by hand therefore there is no reason lecture capture technology cannot be used to record a lecture which includes third party material provided the original work is sufficiently acknowledged and the recording is fair. In order to be fair the material must be included in the lecture and lecture recorded to illustrate a teaching point. Only so much of the copyright work can be used as is necessary for illustration for instruction and the use must not adversely affect the rights holder’s ability to exploit their work. Providing access to the recorded lecture via a password protected VLE only to those students and staff requiring access for the purpose of instruction is more likely to be fair than a recording made available openly online. External resources Fair dealing with a work for the sole purpose of illustration for instruction (s.32 CDPA) is not limited to copying within an educational establishment so extracts from copyright works could be incorporated within a course delivered to a broader audience than students enrolled at a college or university. However, the dealing must be fair and the audience provided access to the work is a factor likely to be considered when assessing if the use is fair. Copying which would be fair when access is limited to students enrolled on a particular course at an institution via a VLE may not be fair where access is provided openly online to anyone who registers for a MOOC. 6

Commercial courses The illustration for instruction exception applies only for a non-commercial purpose. The test of whether or not the instruction is for commercial purposes has not changed with the introduction of the new exceptions. This non-commercial limitation existed in the previous version of the exception. Until it is decided otherwise it is fairly safe to assume that most college and university courses are non-commercial whether or not a fee is charged. It is possible that certain college or university purely commercial courses would not be able to benefit from the s.32 illustration for instruction exception.

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