5.1 Presenter’s consent
5.1.1 Permission must be obtained and recorded from anyone presenting (including students) where they have been directly or deliberately recorded, i.e. where they are formally presenting to the audience, not speaking as part of that audience.
5.1.2 Where a student has taken the role of a primary presenter, they will be considered a ‘Presenter’ as defined by this document and will have the same rights over the content as a staff member.
5.1.3 If the presenter is a QMUL member of staff or an affiliate, then an email sent directly from the presenter giving consent to be recorded is acceptable.
5.1.4 Where a booking is made directly by the presenter and this person is the only speaker to be recorded, there is no requirement to secure written consent.
5.1.5 If a school/department/institute/faculty has agreed to capture all recordings by default, consent may be assumed from teaching staff but not from students or external/guest presenters and must be explicitly sought in these cases (see section 6.4 for recommendations on guest presenters).
5.1.6 The ELU provides a proforma – Q-Review-consent-form-for-external-presenter-recordings-V.3 that may be used to record permission from external (non-QMUL) speakers.
5.1.7 It is the responsibility of the school/department/institute to store consent and make it available on request.
5.1.8 The ELU reserves the right to make recordings unavailable until such evidence of consent can be provided, where it is believed to be missing.
5.1.9 The ELU reserves the right to delete recordings in the event that evidence of consent cannot be produced by a school.
5.2 Audience consent
5.2.1 Presenters are obliged to inform the audience that an event is being recorded and that their voice, asking questions or making comments, is likely to be captured.
5.2.2 The method of notification should be recorded so that it can be produced as evidence if required. For example, part of the first recording in a series might be the lecturer informing the audience that this series will be recorded. Alternatively, where a department or lecturer chooses to make a long series of recordings, this should be made clear to students in an accessible location, such as in the school, programme or module handbook; on the QMplus landing or module page; or even signed as part of a learning contract with the school.
5.2.3 The ELU reserves the right to restrict access to or delete recordings where this evidence cannot be produced.
5.2.4 In a Q-Review School, responsibility for informing students rests with the school and not with the individual presenter. (For additional information please see 6.5).
5.3 Authority over recordings
5.3.1 QMUL staff primary presenters have full performance rights over the recordings of their lectures and can edit, make unavailable or delete them through the Q-Review interface (see College IP policy section 4.2). In addition, the owners can add presenters who will also receive the same editing rights over the recording.
5.3.2 All recordings must be scheduled with the name of a member of QMUL staff even if they are booked on behalf of a guest presenter or a student presenter. This member of staff will also be listed as a presenter within Q-Review and will be given access to edit, make unavailable or delete recordings made using their name.
5.3.3 When a member of staff leaves QMUL, they can assign Echo360 ownership of their Q-Review recordings to colleagues/successors, should they wish their recordings be managed ( e.g. deletion, sharing, reassignment, editing, etc) once the member of staff has left.
5.3.4 If the owner of a recording leaves the institution without assigning ownership to another member of staff, the ELU will administer the recording and the recording will be archived and deleted as per the policy stated in section 5.8.
5.3.5 Any requests to administer recordings while the recording is in the system (e.g. to reassign the ownership of the recording) would require the consent of the person who holds the performance rights.
5.4 Data Protection and Confidentiality
5.4.1 QMUL’s Data Protection Policy applies to Q-Review. In order to comply with the policy all data must be collected and used fairly, stored safely and not disclosed to any other person unlawfully. The policy states in clause 2.2 that it:‘shall guide all who process data in the College to ensure that these principles are followed and any breach, whether deliberate or through negligence, may lead to disciplinary action being taken.’
5.4.2 In the case of a breach of either Data Protection or Confidentiality (e.g. where a patient’s identity or other sensitive data is revealed) during a recorded lecture, the presenter should immediately make the recording unavailable, then edit the recording to remove the breach to ensure that data confidentiality is maintained.
5.4.3 Where the ELU is made aware of any breach of either data protection or confidentiality within a lecture recording, it will immediately make the recording unavailable, then contact the presenter to correct the content matter as outlined above.
5.4.4 Echo 360’s Privacy and GDPR policy also applies to Q-Review use. Further information regarding this can be read on the Echo 360 website.
5.5 Intellectual property rights
5.5.1 The document “Queen Mary Policy on Intellectual Property: Summary Statement” details the rights QMUL has to teaching materials created by members of staff, including “video or other recording of a QMUL employee’s lectures or presentations”.
5.5.2 The policy states that:
- QMUL agrees and acknowledges that all performer’s rights in any Teaching Materials, including any video or other recording of a QMUL employee’s lectures or presentations, or similar works which are performances in IP terms, are owned by the employee. Each employee grants QMUL rights to use such materials, and their recordings, for Academic purposes. (paragraph 4.2)
- QMUL owns the IP rights to Teaching Materials and Administrative Materials, whilst granting the use of those materials by their creator for any purposes consonant with their QMUL employment. (paragraph 4.3)
5.6.1 Where the recorded lecture or event shows work created by a third party and the copyright in this work has not expired, it is important to seek advice before distributing the recording unedited. It is likely that permission, e.g. via email, will need to be sought from the copyright owner unless an agreement exists between the owner and QMUL. Presenters using their own content may still be required to seek copyright approval from the publisher.
5.6.2 It is permissible under the CLA (Copyright Licensing Agency) Higher Education License to include limited extracts of text, still images and digital holdings in recordings distributed and restricted to students registered on a particular module or programme. Adherence to the CLA HE licence is mandatory and full advice on how to include content under the CLA HE license should be sought from the Resources and Collections manager at the QMUL Library or the Copyright section of the QMUL Library Website.
5.6.3 If a recording is to be published on the open web or a QMplus course area which is publicly available, then further permission will be required.
5.6.4 Where third party material has been recorded and permission for its inclusion has not been verified, the recording should be edited to remove the material before being made available to students. See user guide: Editing Your Recording.
5.6.5 Should copyrighted content be used, it should be referenced appropriately.
5.6.6 Resources that are copyright free should still be referenced when used. (Such as creative commons content.)
5.6.7 To reference content appropriately please do one of the following:
- If a presentation is used (such as PowerPoint), place references to all materials within the presentation slides and ensure they are shown.
- Place references in the description section within the media info of the Q-Review recording (Guide).
5.6.8 Where the ELU is made aware of any breach of copyright within a lecture recording, it will immediately make the recording unavailable and then contact the presenter to correct the matter as outlined above. (See also section 5.9 Take-down policy)
5.6.9 Further advice on copyright compliance in lecture capture should be sought from the copyright section of the QMUL Library website.
5.7 Security and Access
5.7.1 All recordings made using Q-Review are password protected by default and only allow authorised access.
5.7.2 Staff can distribute their recordings via email, QMplus or on an external website. Access via email link or external website may still require QMUL login to be entered before the material can be viewed.
5.7.3 To restrict access to Q-Review recordings to those studying on a particular module or programme, it is recommended that recordings are released via QMplus and a request made for the appropriate security setting to be enabled in Q-Review. Requests are made via the IT helpdesk on firstname.lastname@example.org.
5.7.4 Individuals may choose to distribute lecture recordings via email or a particular website and allow any member of the public to view the recording. In order to allow public access in this way, instructors can create public links to either individual recordings or groups of recordings. It should be noted that in these cases, the recordings will be openly available on the web may be shared with those outside of QMUL which might allow access to unintended audiences, and could possibly be a breach of copyright. See the user guide: Publish, Share, Playback for information on managing distribution of recordings.
5.7.5 Individuals are advised to make recordings available to students registered with the university’s Disability and Dyslexia Service (information on which students are registered can be found using the Student Course Data resource on MySIS). Making recordings available can be achieved by creating links in QMplus or directly via Q-Review, in both video and audio only format. Further guidance on supporting students and ensuring learning material is accessible can be found via the Disability and Dyslexia Service website.
5.7.6 Recordings can also be viewed via the Echo360 app for Android and iOS devices. Once the app is downloaded, QMUL login details will be required to view content.
5.7.7 If copyrighted materials are included in a recording in compliance with the CLA Higher Education License, the recording must be restricted to registered students on a particular module/programme (as per 5.7.3), otherwise further permissions are required.
5.8 Archiving and deletion of recordings
5.8.1 It is a principle of the Q-Review service that recordings are not created for long-term use, therefore, older content is deleted at regular intervals.
5.8.2 Recordings will be available for 2 years following the end of the academic year in which they were created.
5.8.3 If a presenter wishes to extend the availability of their recordings beyond 2 years they should do so by raising a helpdesk ticket providing details of those recordings.
5.8.4 Recordings, which in August are older than 36 months, and that have not been requested to be retained, will be archived for one year before being completely removed from the system. The archiving process will take place in August each year. Archived recordings are not viewable but can be reinstated to a viewable state by the presenter at any time by raising a helpdesk ticket.
5.8.5 If any School / Department or Institute wishes to extend the availability of recordings more generally, this can be done by raising this with their faculty E-learning User group first for discussion before actioning by the ELU. E.g. if SMD wanted to extend the period to 5 years instead of 3.
5.8.6 A presenter can make a request for any of their recordings to be retained on the live system indefinitely. This can be done via a helpdesk ticket.
5.8.7 If no request is received all recordings more than three years old will be deleted permanently at a scheduled archiving date in August of that year.
5.8.8 The above (5.8.1 to 5.8.7) do not apply to recordings of special events such as inaugural lectures, lectures by external speakers, guest lectures, conferences and major corporate events. These recordings have ‘archival value’, i.e. long-term evidential, informational and cultural value, as outlined in the QMUL Archives Appraisal Policy.
5.9 Take-down policy
5.9.1 Where the ELU is informed of breaches of copyright, inappropriate recording, absences of consent etc., the following steps will be followed:
- The affected recording will be made inaccessible immediately.
- The ELU will inform the recording owner of the reason it has been taken down and the steps the owner needs to follow to correct the breach.
- Where copyright issues are corrected (e.g. consent obtained or offending content removed) the recording will then be reinstated.
- Where consent is unobtainable the recording will be permanently deleted.
5.9.2 Presenters have a responsibility to review and edit or delete their recordings where they are informed of a breach.
5.9.3 Where an individual staff member or student has been recorded without their permission, they should contact the ELU who will apply the above take-down policy or remove the content from the Q-Review recording.
5.9.4 Any unauthorised copying, access or dissemination of Q-Review recordings by students will constitute a breach of QMUL’s Code of Student Discipline (see sections 17a,17m) and will be dealt with accordingly.