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  • Use material where the copyright owner has stated it may be used for educational purposes e.g. from international organisations, voluntary bodies, US Government

  • Ask the permission of the copyright holder

  • Get a licence (preferably in perpetuity to obviate the need to seek permission periodically)

  • Use material under copyright law exceptions e.g. use material under provisions for criticism or review if it is to be discussed in the lecture

It should also be noted that

    • inclusion of deep links to parts of websites may be considered to infringe IPR, where the website owner has intended that the viewer see the preliminary material. Deep links may also be viewed as derogatory treatment in certain circumstances. Careful note should be taken of the website policy before including ‘deep links’

    • copyright material used in the lecture should not be significantly altered as this may also be seen as derogatory treatment of the original copyright material.

    • proper accreditation should be given to the copyright owner for the work used e.g. when the provisions for criticism or review are invoked.

    • Some material may be used in presentations under criticism and review exceptions and under the conditions of educational blanket licences without further permission being sought

      • 3.4.3

        Including lectures in a multimedia repository

Before the digital recording of the lecture is included in a multimedia repository the establishment should acquire the copyright in the lecture, as a literary work, because it is part of the lecturer’s normal duties, CDPA Section 11(2), provided that is the establishment’s approach to IPR. Copyrights in the video will subsist in the recording in the sound track of the lecturer speaking and the film of the lecture and these are likely to belong to the establishment. The performing rights belong to the lecturer. So in theory the lecturer has the right to control the broadcast of the recording and to make copies for rent or lending but the establishment should try to obtain these rights to minimise potential problems with the re-use of lectures. A record of these rights should be maintained either in the multimedia repository or closely linked to the material.

Before recording permission should be sought from the lecturer to record the lecture and use it as the establishment deems fit. Students attending the lecture should be advised that it is being recorded. As the lecturer should have given permission for the recording it is likely the copyright in the film will have become the property of the institution which may then control the use of the film.

From the viewpoint of data protection and privacy it is good practice to exclude shots of anyone attending the lecture, or to ensure that they have granted the rights to repeat showings as they too may have acquired performing rights, especially if they are to ask questions at any point during the lecture.

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