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UC Policies on Recording and Use of Course Materials for Students

Overview of UC Policies on Recording and
Use of Course Materials for Students

Recordings Policy 

University Seal

If you plan to photograph, film, record audio of, or take notes during a school lecture or lab, University policies provide guidelines for such recordings to protect the privacy and copyright of individuals.

Why does this policy exist?

To protect:

  • the privacy of individuals who don't want to be recorded.
  • the copyright interests of people who don't want their works to become part of the recording.
  • the core academic values and processes of the University.
  • the integrity and quality of the teaching and learning experience.
  • the interests of the University, the course instructor, and the University's students.
Who is affected by the policy?

All University students, faculty, staff, guest lecturers, and people using University facilities.

May I record or distribute course presentations?

Below is a summary of the Policy on Use of Recordings of Course Presentations (.pdf, 1 page, 24 KB).

Students

  • A student currently enrolled in (or approved to audit) a course may create recordings of that course's presentations for his or her own use.
  • Such students may provide a copy of their notes or recordings to other currently enrolled students for non-commercial purposes reasonably arising from participation in the course.
  • The designated notetaker or similar agent of a student with disabilities may create such recordings for only that student's use.

Faculty and staff

Faculty or people directed by faculty may create and distribute such recordings if there is no conflict with other University policies. For example, using University facilities to create a recording for sale to anyone is prohibited.

Special Considerations

In all cases above, if the recording captures sounds or images, the University suggests that the recorder and distributor give special consideration to both of the following:

Any recording or distribution not outlined above requires written consent from the instructors, presenters, and the Chancellor.

Official Policies

See Official Policies Regarding Recordings for links to the official policies surrounding recordings of course presentations.

Protecting privacy
  • It is the responsibility of the recorder and distributor to secure privacy consent from everyone identifiable in the recording. This should be done before recording begins.
  • Those who wish to be excluded from a recording may exercise their right to privacy by refusing to grant such consent.
  • If privacy consent cannot be secured, the University suggests that all identification of that person be permanently deleted or sufficiently obscured from all copies of the recording before distribution.
Protecting copyrights
  • It is the responsibility of the recorder and distributor to secure copyright consent from all copyright owners of all copyrighted materials included in the recording. This should be done before recording begins.
  • Copyright owners who do not want their materials to be part of a recording are under no obligation to grant copyright consent.
  • If copyright consent cannot be secured, the University suggests that all identification of those copyrighted materials be permanently deleted or sufficiently obscured from all copies of the recording before distribution.
Failure to protect privacy

If a recorder or distributor fails to protect an individual's right to privacy, the person whose privacy was violated may file a lawsuit seeking monetary damages. (See Invasion of privacy.) Additionally, the University could impose disciplinary action.

Failure to protect copyrights

If a recorder or distributor fails to protect copyrights, the copyright owner may file a lawsuit seeking:

  • injunctions, impounding, or destruction of infringing articles
  • costs of suit and attorneys' fees
  • compensation for monetary damages and any infringer's profits
  • statutory damages up to US$50,000 when there are only nominal monetary losses.

Additionally, the University could impose disciplinary action.

What about "fair use"?

Fair use is a doctrine in United States copyright law that allows limited use of copyrighted material without requiring permission from the rights holders, such as use for scholarship or review. Fair use is commonly misunderstood.

Guidelines on fair use at University of California Fair Use and Permissible Photocopying of Copyrighted Works are intended for University employees interpreting fair use of others' materials used in their own work.

Unfortunately, no University guidelines exist for other fair use situations such as students interpreting fair use in the process of recording and distributing course presentations. It is generally unwise for any layperson to interpret fair use without the assistance of a legal expert.

More Information

 

Privacy Consent

Overview

If you plan to photograph, film, record audio of, or take notes during a school lecture or lab, the University suggests that you secure privacy consent from everyone identifiable in the recording before the recording or distribution takes place.

When you have secured privacy consent in the context of the Recordings Policy Summary, it means that you have obtained a person's permission for their name or likeness to be included in your recording.

How to secure privacy consent

Unfortunately, the University does not provide guidelines for securing privacy consent.

More information

 

Copyright Consent

Overview

If you plan to photograph, film, record audio of, or take notes during a school lecture or lab, the University suggests that you secure copyright consent from all copyright owners of all copyrighted materials included in the recording before the recording or distribution takes place.

When you have secured copyright consent in the context of the Recordings Policy Summary, it means that you have obtained permission from a copyright owner for his, her, or their copyrighted materials to be included in your recording.

How to secure copyright consent

The University provides guidelines to faculty for securing copyright consent in:

While these materials are primarily oriented toward faculty who use copyrighted materials in their teaching, the advice should be applicable and useful to those who are involved in making recordings of the resulting course presentations.

More information

 

Written Consent

Overview

If you plan to photograph, film, record audio of, or take notes during a school lecture or lab, and if your recording or distribution is not expressly permitted by the Policy on Use of Recordings of Course Presentations (.pdf, 1 page, 24 kb), the University requires that you obtain written consent from the instructors, presenters, and the Chancellor before the recording or distribution takes place.

When you have secured this written consent in the context of the Recordings Policy Summary, it means that you have obtained permission to record and distribute a course presentation beyond what is expressly permitted by University policy.

How to secure written consent

Unfortunately, the University does not provide guidelines for securing written consent.

 

Official Policies
Regarding Recordings

The following University of California policies are relevant to this summary.

Policy Last
Updated
# of
words
Brief Description Addresses these questions regarding recordings More Information
Policy on Student Conduct and Discipline Oct 19,
2006
2,898 The University describes:
expectations of student conduct
grounds for discipline
student discipline procedures, process, and administration.
Can unauthorized use of University equipment or resources be grounds for student discipline?
(Yes, Section 102.06)
Can involvement with course recordings be grounds for student discipline?
(Yes, under certain conditions, Section 102.23)
 
Policy on Use of Recordings of Course Presentations
(.pdf, 1 page, 24 kb)
Sep 23,
2005
439 It is permissible to distribute recordings made during course presentations under certain circumstances, conditions, and considerations. This policy covers recordings in any medium, including handwritten or typed notes. Under what conditions may one distribute recordings of course presentations?
(Section B)
What considerations should be given to individual privacy and copyright ownership when doing so?
(Section C)
 
Policy on Ownership of Course Materials Sep 25,
2003
1,193 In nearly all cases, the copyright of course materials resides with the person who creates them. Also, the University retains a license to continue to use and revise them for continued instruction. How does the University define course materials?
Who owns the copyright to them?
Summary of the
1992 Policy on Copyright Ownership and the
2003 Policy on Ownership of Course Materials
Faculty Code of Conduct
(.pdf, 12 pages, 413 kb)
Jul 17,
2003
3,814 Faculty are expected to abide by a code of conduct which describes:
- professional rights of faculty
- professional responsibilities
- ethical principles
- unacceptable faculty conduct
- enforcement and sanctions
May faculty use University resources or facilities to create a recording for commercial gain?
(No, Section II.C.3)
 
Conflict of Commitment and Outside Activities of Faculty Members
(.pdf, 16 pages, 146 kb)
Jul 1,
2001
5,653 Faculty are expected to ensure that their activities outside the University do not interfere with the fulfillment of their University responsibilities. How does the University define outside professional activities and outside non-professional activities?
(Section 025-4)
If I participate in compensated or uncompensated outside professional activities, what guidelines should I follow?
(Sections 025-10 and 025-30)
If I involve students in outside professional activities, what guidelines should I follow?
(Section 025-50)
 
Policy on Copyright Ownership Aug 19,
1992
1,969 Provides guidance regarding who owns the copyright for all categories of original works -- except course materials -- created by the University of California community. Under what conditions is something I create owned by the University?
(Section IV)
If one or more people shared in the creation of a work, who owns it?
(Section V)
Summary of the
1992 Policy on Copyright Ownership and the
2003 Policy on Ownership of Course Materials
Policy on the Reproduction of Copyrighted Materials for Teaching and Research Apr 29,
1986
4,424 Faculty and staff are advised of their rights and responsibilities regarding the photocopying of copyrighted materials for teaching and research.
(This policy specifically covers photocopying and does not provide direction on other methods of recording such as audio, video, or notetaking.)
What photocopying guidelines are provided by the University?

What may I photocopy without restriction?

How can I determine if what I'm photocopying is covered under "fair use"?

In which situations must I obtain written permission from the copyright holder before photocopying?

How do I obtain such permission from a copyright holder?
Summary of the
1986 Policy and Guidelines on the Reproduction of Copyrighted Materials for Teaching and Research

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Revised:  02/12/2007, UCSF Student Computing Committee &
UCSF Office of Technology Management