Performance rights will come into being when an individual gives a performance. A performance can include a variety of different types of performance from a poetry reading to a lecture. These rights only need to be considered when a performance is to be recorded (either sound only or film).
UCL can claim licence of script of a lecture under the current staff IPR Policy, but the actual performance has separate rights which are owned by the lecturer. In order to be able to record and show the lecturers subsequently (as podcasts of otherwise) all involved in delivering lectures will need to grant a licence to use the performance to UCL. In order to simplify the process Perfomance Rights have been added to the Staff IPR Policy as one of the outputs to which UCL claims a licence.
If UCL intend to record lectures delivered by non-UCL employees (e.g. guests and external speaker) is essential that permission to record and distribute the recordings of the lectures is obtained if this is not already being done. Again, UCL will need to seek a licence from these individuals to use the recordings. An agreement form has been made available for this purpose. This must be kept on file for future reference. Agreement form for guest speakers.
If footage of the audience is included in a recording then there may be data protection issues to consider as the recording of living individuals constitutes the processing of their personal data. It is therefore important to notify any audience that the lecture will be filmed and make clear whether they will be filmed or not.
As a rule audiences will not be filmed during the recording of any lectures at UCL so this will not be an issue. In addition all audiences will be notified that recording is taking place either verbally by the lecturer or via notices posted in prominent places.
Using third party materials in recorded lectures
There is very little scope within UK legislative exemptions for inclusion of copyright materials in online resources without express permission. Arguments for the inclusion of materials under the insubstantial/fair dealing exemptions written into UK Legislation are flawed and we would not recommend UCL staff rely on these, particularly given that lectures may end up being made publicly available, e.g. via iTunesU.
Advice is that any materials – images, film clips, etc – used within a lecture that is to be recorded for which the copyright it not owned by the person delivering the lecture or by UCL need to be removed (students using recorded lectures will have to be directed to source) unless permission is obtained to use the material, or the materials are from sources that allow re-use, either from resources that UCL subscribe to (see http://www.ucl.ac.uk/library/eresources.shtml), or under licence (e.g. materials made available under Creative Commons licences).
Guidance on the different types of materials and some of the copyright issues related to them are available here.
For further information on facilities to record lectures, etc. at UCL please refer to the Lecturecast pages.
Last modified 04 July 2011