CARDIFF UNIVERSITY
RECORDING OF LECTURES AND COPYING
TEACHING MATERIALS
STUDENT GUIDANCE
2008
CARDIFF UNIVERSITY
RECORDING OF LECTURES AND COPYING TEACHING MATERIALS
STUDENT GUIDANCE
CONTENTS
1.
2.
3.
4.
5.
6.
Introduction and summary
Copyright
Permitted Acts
Video recordings, photographic and other images
Abuse of recordings
Further information
INTRODUCTION
During your time studying at Cardiff University, you will have access to various learning and
teaching events and materials which may, in some way, be protected by UK copyright and
Data Protection laws. It is essential that you understand that you will need to observe the
law when using these materials.
SUMMARY OF KEY POINTS
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Any recording made of any teaching event must be notified to the lecturer
concerned in advance.
No recording may be published or used in any way other than for private study
purposes without the lecturer’s written permission.
Any reasonable adjustment requirements should be discussed with the
University’s Dyslexia and Disability Service in advance.
All copying of teaching materials and recording of teaching events must comply
with the law, including the Copyright Designs and Patents Act 1988 and Data
Protection Act 1998.
COPYRIGHT
What is copyright?
Copyright is the legal protection given to creators of original material against
unauthorised exploitation of their work. The relevant UK legislation is the Copyright
Designs and Patents Act (CDPA) 1988, supplemented by various statutory instruments, EU
legislation and international conventions. The owners of copyright enjoy exclusive rights
to their works. No one is permitted to do any of the following without their permission,
unless covered by an appropriate license or exemption:
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To
To
To
To
To
copy the work;
issue copies of the work to the public, including, rental and lending;
perform, show or play the work in public;
communicate the work to the public by electronic means;
adapt the work.
What is covered by copyright?
In the UK, copyright is instant at point of creation and subsists in; books and journal
articles, photographs, films and videos, sound recordings, broadcasts, artistic works,
musical works, computer programs, databases, typographical arrangements. In the UK,
material does not have to be published for it to be protected by copyright. The © symbol
does not have to be displayed on original work for it to be subject to copyright.
Learning and teaching materials
Learning and teaching materials such as course packs, hand outs and power point
presentations tend to include copyright material that has been either copied under a licensing
scheme, or permission has been obtained from the rights holder direct. These materials are
therefore given to you under the terms of these licences and MUST NOT be subsequently dealt
with which includes, making further copies or making it available to a wider audience, for
example, placing material on social networking sites, such as YouTube and Facebook,
without permission. This is likely to be unlawful.
Copying done for the purpose of examination
Under UK copyright law it states that copyright is not infringed for the purpose of examination
by way of setting the question, communicating the question to the candidate and answering
the question. You may therefore include copyright material within your dissertation provided
the source has been sufficiently acknowledged. The one exception to this is the making of a
reprographic copy of a musical work for performance by a candidate.
After you have taken your exam and your paper has been marked, if you wish to publish
your dissertation or use it for any other purpose, know as “subsequently dealt with” you
will need to obtain permission to include the copyright material or replace this with
bibliographic detail.
Recording Lectures - audio
A lecture in some cases may be considered a “Performance” which would therefore be
protected under UK copyright law. In addition any information from which a living individual
can be identified and which tells you something about them is considered to be ‘personal
data’ so the lecturer’s speech patterns and any comments reflecting the lecturer’s, or other
identifiable participants’ views, may comprise personal data and would be protected under
the Data Protection Act 1998.
PERMITTED ACTS
The Copyright Designs and Patents Act 1988 includes many permitted acts one of which,
commonly known as “Fair Dealing” will permit you to make a single copy from an original
source, of what may be considered a “reasonable” amount from literary, dramatic or
artistic works for non-commercial research or private study. The term “reasonable” is
not defined, though the generally considered safe guideline is; up to one chapter or one
article or 5% in total. It is important to note that permitted acts are not rights and that
this kind of copying could still be challenged by the rights-holder. As noted above packs
produced by the University may include copyright material copied under licence and
these would not be covered by the ‘fair dealing’ rule.
The Data Protection Act 1998 permits you to create an audio recording of a teaching session
strictly for your own private study purposes. Any use beyond this may be unlawful. You
should notify the lecturer(s) in advance if you intend to make a recording for your own private
study purposes and any such recording should be obvious and not covert.
Permitted acts - disability related issues
The Disability Discrimination Act 2005 requires the University to make reasonable adjustments
for students with a disability, which could include audio recordings of a teaching session. This
will not infringe copyright or data protection laws as above when the recording is used strictly
for the disabled student’s private study purposes. You are advised to seek advice from the
Disability and Dyslexia Service if you wish to record lectures and students should notify the
lecturer(s) in advance.
It is also possible to reproduce information in accessible formats for some disabled people
without infringing copyright rules. The Copyright (Visually Impaired Persons) Act 2002
provides for making copies in alternative formats for people who are visually impaired
provided certain conditions are complied with, such as naming the author of the work.
You are advised to seek advice from the Disability and Dyslexia Service if you wish to
request alternative formats.
Permitted acts – restrictions
There may be occasions where permission to record a session may be reasonably refused, for
example smaller group teaching, sessions involving children or patients, or where sensitive or
personal experiences are being discussed. This may be to protect patient, client or student
confidentiality or where an individual formally objects under the Data Protection Act.
VIDEO RECORDINGS, PHOTOGRAPHIC AND OTHER IMAGES
When creating a film/video recording and/or a photographic or reprographic copy of an
image, matters of copyright, data protection (if the image is of a living identifiable individual)
and possibly intellectual property will still apply.
It is essential that you always seek permission from the lecturer and all others who will be
filmed before attempting to make a visual recording of any teaching event. This must be
obtained, in advance, in writing from the rights holder or data subject whereby
permission is granted for you to include their works or image. Where the recording is
requested on grounds of disability students are advised to seek advice from the Disability
and Dyslexia Service first. Any such recordings must always be made in an obvious manner
and not covertly.
ABUSE OF RECORDINGS
As stated above the duplication of copyright materials or the posting of recordings of
teaching events on public websites without permission from the lecturer is likely to be
unlawful and may result in disciplinary action.
Under the Student Disciplinary Code unacceptable behaviour includes, inter alia, any
form of harassment or bullying towards other students or members of University staff.
This may take the form of physical, verbal or written abuse and the use of images - which
may be made public in a variety of media including online social networking sites. Any
allegation that a student has breached the rules of behaviour will be dealt with under the
terms of the Student Discipline Procedure and could result in disciplinary action.
FURTHER INFORMATION
The aim of this document was to provide you with a brief overview of the legal issues
surrounding copyright and other related UK laws. You are advised to seek further
information and guidance on all aspects included above if in doubt.
For further information please contact Information Services Copyright Unit on 029 2087
9033 or visit www.cardiff.ac.uk/insrv/copyright
For further information on data protection contact the Governance and Compliance Division
on 029 20879351 or visit the Governance and Compliance web pages.
For further information on disability and reasonable adjustments please contact the Dyslexia
and Disability Service on 029 20874528 or visit http://www.cf.ac.uk/dyslx/index.html
Note: All students are bound by the terms of the Information Services Regulations and
Acceptable Use Policy which can be found at, www.cardiff.ac.uk/insrv/aboutus/regulations
Governance & Compliance Division, 2008