Creating a recording and making it available via the Internet raises a number of legal issues that faculty and students need to be aware of. When a lecture is recorded, synchronized with PowerPoint slides, and uploaded to the Internet, the lecture has the potential to reach anyone who has a mobile device or computer. There are three related issues to consider when recording a lecture or class that will be distributed to the public over the internet. First is the copyright ownership in the video recording itself, next is the use of copyrighted content used to support the class or lecture including images in slide presentations, video recordings, or audio files, and finally, the privacy protections afforded to those who attend and participate in the class or lecture. These three issues are covered in more detail below.
Copyright ownership in the recording
According to the BYU-Idaho Intellectual Property Policy, the individual faculty member owns the copyright in authorized recordings of his or her lecture or class. If the recording is to be distributed to the public and not limited to internal use, then a release (consent form) should be secured from the speaker for distribution or the speaker should license the video with a creative commons license that would grant such use.
Copyrighted content used in presentations or lectures
If the content used in a presentation is copyrighted, we can no longer rely on the existing exceptions for face to face teaching when distributing the content to the public. The content would have to meet the criteria for fair use, be substituted for content that is licensed for reuse, or permission would have to be secured before distributing the lecture to the public on the internet.
There are Three areas of Privacy concerns in recording a lecture or classroom: the general audience, Identifiable individuals, (guests, questioners, panelists etc.) and Student work or presentations protected under FERPA as an "Educational Record."
First, for the general audience in a classroom, it is probably sufficient that they be informed that the lecture will be recorded and made available on the internet. This can be done on a slide displayed before class or on the syllabus. The following offers sample language you might import directly into a syllabus: "Lectures may be recorded and made available to students registered for this class using the lecture capture system. Use of lecture capture is intended to supplement the classroom experience. Duplication or redistribution of lecture capture recordings is prohibited without appropriate consent. For technical assistance and for compliance issues (such as copyright and privacy considerations), please visit www.byui.edu/copyright."
Next, if the lecture will include students' questions or responses or a group discussion, or guest speaker, you should ask identifiable students or guests to sign a consent form when the audience is broader than the class itself.
Finally, when the lecture capture is used to disseminate student presentations, small group discussions, or seminar classes in a course made public or if it will be used in a future semester, faculty members will be responsible for obtaining student consent (a FERPA waiver) prior to distribution.
If you have addional concerns or questions please contact the Intellectual Property Specialist.