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 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 Unpublished works are not covered by this exception relating to education.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.
Extent limits are applicable; extracts must not exceed more than 10% or one chapter (whichever is greater), or one article in a single issue from a journal or set of conference proceedings; one single case from a published report of judicial proceedings; one scene from a play, or one short story or one poem or one play not exceeding 10 pages in length contained in an anthology.
Excluded Categories: Printed music, newspapers, maps, charts, workbooks, workcards and assignment sheets are not covered by the CLA licence. Some publications are specifically excluded from copying under the CLA Licence.
Finding suitable Audio Visual material to provide content for some modules is difficult in the current COVID-19 pandemic. A 'Code of Fair Practice' is under development by copyright HE leaders and Learning on Screen and we will update when information becomes available.
There are extensive licensed resources available for you to use legitimately. Try Planet eStream Connect for Video on Demand, TV and Radio content. You can use these in your Canvas modules. There is a full list of resources on the copyright guide in the Moving Image Gateway.
Take a risk managed approach to using AV material.
Rely on the educational exceptions if you cannot use a license.
Use 'fair dealing' principles where possible:
A combination of CDPAS.32 and S.34 may offer the flexibility to defend screening digital works online in a restricted VLE or closed loop environment like TEAMS. This would only be permitted for registered student module groups in support of teaching and learning 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
Response to RLUK letter by Amanda Solloway MP in relation to copyright and the use of educational materials online during COVID-19.
23/04/2020 (View the letter).
“Another exception (Section 32 CDPA) allows copyright works to be used for illustrative purposes during teaching as long as their use is fair, non- commercial, limited to the persons giving and receiving instruction, and acknowledges rights holders. Many materials used in presentations by teachers, including those which are streamed remotely to students, are likely to fall within this provision”.
Swansea University subscribes to the Planet eStream subscription service.
The licensed content includes:
Training material from the Planet eStream Academy is available to download as help sheets and video. Local help is available here.
Planet eStream at Swansea is managed by the ISS Media Services team and SALT.
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.