Checklist
Swansea University expect staff using the Lecture Capture service to comply with all applicable UK & European copyright legislation. Copyright is very important where lectures are being recorded and it is the responsibility of the staff member to ensure that they do not infringe the intellectual property rights of any third party. Recordings created using lecture capture are copyright works in their own right and are provided for personal research, private study or course activities. Recordings are subject to the institutional Takedown Policy where necessary and should not be shared publicly.
Lecturers may include material where copyright rests with a third party if one of the following applies:
a. An educational exception has been granted under UK copyright law (CDPA 1988):
If using one of these exceptions then use must be considered 'fair dealing' and you must consider the following:
b. Other factors apply:
You must consider the content you wish to include in online courses and take a risk based approach to using material that is protected by copyright. You should consider whether you can legally access and use material under license or covered by the CDPA educational exceptions. These exceptions such as S.32 'Illustration for Instruction' are powerful and we should seek to utilise them when we cannot use a license.
You may not be the copyright holder for the published work.
The rights usually belong to the publisher unless you retained copyright when you signed the publisher's copyright transfer agreement. If your article or book is not published using a Creative Commons licence or similar, you would normally need to reproduce any part required for your teaching under the terms of the CLA HE Licence.
You are permitted to copy limited amounts of copyright material provided it is for non-commercial teaching purposes. This applies to copying by a person giving or receiving instruction, or preparing for giving or receiving instruction.
The use of copyright works in the classroom must be subject to the 'fair dealing' test and is only applicable to material that has been made publicly available. Unpublished works are not covered by this exception relating to education. The 'illustration for instruction' exception extends copying of works to any medium, for example interactive whiteboards and presentations.
The Copyright Licensing Agency HE License
Further information is available via the Request Digitisation iFind Reading Guide.
Use subscription resources (University login required)
Try Box of Broadcasts (BoB).
There is a full list of AV resources in the Moving Image Gateway on this guide.
Use CDPA 'fair dealing' principles if not using subscription content:
Take a risk managed approach to using AV material
A combination of CDPA Section 32 & Section 34 may offer the flexibility to defend screening digital works online in a restricted VLE (Canvas). This would be restricted to registered student module groups in support of learning and teaching activities.This activity would not extend to any other circumstances.
Copyright Designs & Patents Act 1988 (CDPA)
S.32 Illustration for Instruction
S.34 Performing, playing or showing work in course of activities of educational establishment
ERA Streaming Platform
Search ERA Radio and TV Services
Sources of broadcast material include on demand services like BBC iPlayer, ITV player, Channel 4oD, 5 Television and On Demand 5, National Geographic and the Discovery Channel.
The University holds an Educational Recording Licence (ERA) to support educators to make the most of television and radio programmes broadcast in the UK. This licence allows you to use and record broadcast media via remote access to students and staff in the VLE (Canvas).
You may watch or listen to streamed audio or video for educational, non-commercial use within the UK under the terms of the ERA licensing scheme. You can share and embed clips or programmes in the VLE provided you use acknowledgement. Registration required - use your university credentials.
Section 35, CDPA is applicable to this activity.
On our Using Images tab on this guide you can access the Moving Image Gateway which contains an extensive list of audio visual resources for finding film, archival and video content online.
An educational establishment is permitted to perform, play or show a copyright work for the purpose of instruction or assessment as part of an accredited course. The audience must consist of students, teachers and others connected to the establishment.
Performance of audio and audio-visual recordings is not permitted for members of the public or others not connected to the university without first obtaining permission or a suitable license.
You should be careful if intending to use commercial music within your teaching content. You would probably need to obtain permission from the composer, music publisher and the recording company. This is likely to be extremely difficult to achieve.
It may be possible to use very short extracts of music in teaching for the purpose of illustration for instruction or criticism and review. Use of music clips in this way would need to have no commercial impact on copyright holders.