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Jane Secker, LSE
Chris Morrison, University of Kent
@jsecker @cbowiemorrison @UKCopyrightLit
https://copyrightliteracy.org
Heron User Group Meeting, Kings College London 14th December 2016
Lecture capture: risky
business or evolving
open practice
The research team
Chris Morrison,
University of Kent
@cbowiemorrison
Dr Jane Secker, LSE
@jsecker
Juliana Rios-Amaya,LSE
Report available online
Risky Business?
Risky Business, © 1983 Geffen Pictures, Dir. Paul Brickman
Risky Business?
Risky Business, © 1983 Geffen Pictures, Dir. Paul Brickman
Licence vs Exception
What?
Why?
How?
When?
Survey devised by: Jane Secker, Chris Morrison, Philippa Hatch,
Alex Fenlon, Charlotte Booth, Carol Summerside, Helen Cargill,
Phil Ansell and Scott McGowan
Lecture recording
& IPR (intellectual
property rights)
policies
Consent from
individuals
Dealing with 3rd
party copyright
Wider lecture
recording issues
The issues
Yes - my
institution has a
written policy
29%
No - my
institution has no
policy or
documented
approach to
lecture capture
31%
Sort of - my
institution has a
documented
approach to lecture
capture but it is not
expressed as a single
formal policy
40%
Does your institution have a policy covering IPR issues with
lecture recording? (N=35)
Headline findings
Academic consultation
Figure 2: Did your institution consult widely with the
academic community before introducing a policy or
approach to lecture recording? (n=35)
Opt-in vs opt-out
(n=35)
Individual consent
(n=35)
Responsibility for 3rd party copyright
The lecturer would be expected to observe copyright and can apply to the
Copyright Clearance Service for advice.
3%
9%
18%
21%
94%
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
School Administration Staff
Other
E-learning / VLE team
Compliance Officer / Team
Lecturer/presenter
Figure 8. Who takes responsibility for rights issues with content included
in lectures? (n=35)
Dealing with third party copyright issues
7%
20%
30%
50%
50%
53%
0% 10% 20% 30% 40% 50% 60%
They must not upload recordings including
third party content to the VLE or similar
Other
They should rely on openly licensed / Creative
Commons materials only
They must edit problematic content
themselves
They must always seek permissions for third
party content
They can rely on fair dealing exceptions
Figure 10. What advice do you give to lecturers using third party content?
(n=30)
Responsibility for third party copyright
Yes
3%
No
83%
No Answer
14%
Figure 11. Do you, or any one else in the university, review lecturer recordings to
identify content that is not permitted under UK copyright law or university
licences? (n=35)
Making staff aware of copyright issues
9%
18%
33%
73%
73%
0% 10% 20% 30% 40% 50% 60% 70% 80%
They are not made aware of these issues
It’s in the staff terms and conditions
They are provided with advice as part of staff
induction / training
Information is on the website
They are provided with advice as part of
agreeing to use the lecture recording system
Figure 9. How are staff made aware of copyright issues that might
arise in recording lectures? (n=35)
Wider IPR issues
Automated
processes easier, but
awareness of IPR is
low (IPAN, 2016)
Variety of attitudes
to IPR/risk – what’s
acceptable?
Different issues for
some disciplines
Is lecture capture
different to other
VLE use?
Lecture capture is
too new to be
considered in some
policies
General academic
resistance to lecture
capture
Policy analysis
Examined 11
institutions
Compared with
Jisc guidance as a
benchmark
Looked only at
what was provided
(some policies are
behind registration
walls)
Created 5 higher
level and 12 lower
level categories
High level categories
Appetite for risk Support and guidance
Institutional control Open practice
Comprehensiveness
of approach
Emerging patterns
Variety of
approaches
No clear models
as yet
Policy is not the
same as practice
Jisc guidance not
widely adopted
Support should be clear,
helpful and practical
Institutional culture of risk
difficult to determine
Open practice
not widespread
Findings
Recommendations
Minimum standards in lecture recording policy should be adopted
Staff and students should be involved in policy development
Responsibility for managing risk should be clarified
Copyright advice and guidance should be provided
Institutional policies should refer to ‘open educational resources’
Further Research
Relationship between
institutional approach to
risk and lecture
recording
Understand optimum
involvement of
academic staff
Explore impact of
copyright guidance and
assess levels of
copyright literacy
Identify ways to engage
with ‘open’ culture
alongside concerns over
academic identities
Further reading
• Elmes, John. (2016) Universities ‘uncertain’ about lecture-capture
copyright. Times Higher Education Supplement. 8 December 2016.
Available at:
https://www.timeshighereducation.com/news/universities-
uncertain-about-lecture-capture-copyright
• IPAN (2016) University IP Policy: Perception and practice. Available
at:
http://www.ipaware.net/sites/default/files/IPAN_NUS_University_I
P_Policy_v11-2r_online-mainr_28jul16.pdf
• Jisc (2015) Recording lectures: legal considerations.
https://www.jisc.ac.uk/guides/recording-lectures-legal-
considerations
• Rios-Amaya, Juliana, Secker, Jane and Morrison, Chris (2016) Lecture
recording in higher education: risky business or evolving open
practice. LSE / University of Kent, London, UK.
http://eprints.lse.ac.uk/68275/
• Secker, J. & Morrison, C. 2016. Copyright and E-learning: a guide for
practitioners, Second Edition. Facet Publishing, London. pp. 103-
105.
• Secker, J., Bond, S., & Grussendorf, S. 2010. Lecture Capture: rich
and strange, or a dark art? LSE Research Online. Available:
http://eprints.lse.ac.uk/29184
https://copyrightliteracy.org
Image Credits
Slide 3-4: Images from the 1983 film ‘Risky Business’, used under S.32
Illustration for Instruction, © Geffen Pictures, Dir. Paul Brickman
Slide 6: Contracts by NobMouse CC-BY https://flic.kr/p/7b8UG9
Slide 7: Camera operator setting up the video camera by jshawkins
CC-BY https://flic.kr/p/7prerh
Slide 21: Risk by Brad Clinesmith CC-BY-SA https://flic.kr/p/aWW978
Slide 24: Facet Publishing
This presentation is © Chris Morrison, Jane Secker & Juliana Rios
Amaya and is licensed under CC-BY-SA 4.0 licence
https://copyrightliteracy.org

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Lecture capture: risky business or evolving open practice

  • 1. Jane Secker, LSE Chris Morrison, University of Kent @jsecker @cbowiemorrison @UKCopyrightLit https://copyrightliteracy.org Heron User Group Meeting, Kings College London 14th December 2016 Lecture capture: risky business or evolving open practice
  • 2. The research team Chris Morrison, University of Kent @cbowiemorrison Dr Jane Secker, LSE @jsecker Juliana Rios-Amaya,LSE Report available online
  • 3. Risky Business? Risky Business, © 1983 Geffen Pictures, Dir. Paul Brickman
  • 4. Risky Business? Risky Business, © 1983 Geffen Pictures, Dir. Paul Brickman
  • 6. What? Why? How? When? Survey devised by: Jane Secker, Chris Morrison, Philippa Hatch, Alex Fenlon, Charlotte Booth, Carol Summerside, Helen Cargill, Phil Ansell and Scott McGowan
  • 7. Lecture recording & IPR (intellectual property rights) policies Consent from individuals Dealing with 3rd party copyright Wider lecture recording issues The issues
  • 8. Yes - my institution has a written policy 29% No - my institution has no policy or documented approach to lecture capture 31% Sort of - my institution has a documented approach to lecture capture but it is not expressed as a single formal policy 40% Does your institution have a policy covering IPR issues with lecture recording? (N=35) Headline findings
  • 9. Academic consultation Figure 2: Did your institution consult widely with the academic community before introducing a policy or approach to lecture recording? (n=35)
  • 12. Responsibility for 3rd party copyright The lecturer would be expected to observe copyright and can apply to the Copyright Clearance Service for advice. 3% 9% 18% 21% 94% 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% School Administration Staff Other E-learning / VLE team Compliance Officer / Team Lecturer/presenter Figure 8. Who takes responsibility for rights issues with content included in lectures? (n=35)
  • 13. Dealing with third party copyright issues 7% 20% 30% 50% 50% 53% 0% 10% 20% 30% 40% 50% 60% They must not upload recordings including third party content to the VLE or similar Other They should rely on openly licensed / Creative Commons materials only They must edit problematic content themselves They must always seek permissions for third party content They can rely on fair dealing exceptions Figure 10. What advice do you give to lecturers using third party content? (n=30)
  • 14. Responsibility for third party copyright Yes 3% No 83% No Answer 14% Figure 11. Do you, or any one else in the university, review lecturer recordings to identify content that is not permitted under UK copyright law or university licences? (n=35)
  • 15. Making staff aware of copyright issues 9% 18% 33% 73% 73% 0% 10% 20% 30% 40% 50% 60% 70% 80% They are not made aware of these issues It’s in the staff terms and conditions They are provided with advice as part of staff induction / training Information is on the website They are provided with advice as part of agreeing to use the lecture recording system Figure 9. How are staff made aware of copyright issues that might arise in recording lectures? (n=35)
  • 16. Wider IPR issues Automated processes easier, but awareness of IPR is low (IPAN, 2016) Variety of attitudes to IPR/risk – what’s acceptable? Different issues for some disciplines Is lecture capture different to other VLE use? Lecture capture is too new to be considered in some policies General academic resistance to lecture capture
  • 17. Policy analysis Examined 11 institutions Compared with Jisc guidance as a benchmark Looked only at what was provided (some policies are behind registration walls) Created 5 higher level and 12 lower level categories
  • 18. High level categories Appetite for risk Support and guidance Institutional control Open practice Comprehensiveness of approach
  • 19.
  • 21. Variety of approaches No clear models as yet Policy is not the same as practice Jisc guidance not widely adopted Support should be clear, helpful and practical Institutional culture of risk difficult to determine Open practice not widespread Findings
  • 22. Recommendations Minimum standards in lecture recording policy should be adopted Staff and students should be involved in policy development Responsibility for managing risk should be clarified Copyright advice and guidance should be provided Institutional policies should refer to ‘open educational resources’
  • 23. Further Research Relationship between institutional approach to risk and lecture recording Understand optimum involvement of academic staff Explore impact of copyright guidance and assess levels of copyright literacy Identify ways to engage with ‘open’ culture alongside concerns over academic identities
  • 24. Further reading • Elmes, John. (2016) Universities ‘uncertain’ about lecture-capture copyright. Times Higher Education Supplement. 8 December 2016. Available at: https://www.timeshighereducation.com/news/universities- uncertain-about-lecture-capture-copyright • IPAN (2016) University IP Policy: Perception and practice. Available at: http://www.ipaware.net/sites/default/files/IPAN_NUS_University_I P_Policy_v11-2r_online-mainr_28jul16.pdf • Jisc (2015) Recording lectures: legal considerations. https://www.jisc.ac.uk/guides/recording-lectures-legal- considerations • Rios-Amaya, Juliana, Secker, Jane and Morrison, Chris (2016) Lecture recording in higher education: risky business or evolving open practice. LSE / University of Kent, London, UK. http://eprints.lse.ac.uk/68275/ • Secker, J. & Morrison, C. 2016. Copyright and E-learning: a guide for practitioners, Second Edition. Facet Publishing, London. pp. 103- 105. • Secker, J., Bond, S., & Grussendorf, S. 2010. Lecture Capture: rich and strange, or a dark art? LSE Research Online. Available: http://eprints.lse.ac.uk/29184 https://copyrightliteracy.org
  • 25. Image Credits Slide 3-4: Images from the 1983 film ‘Risky Business’, used under S.32 Illustration for Instruction, © Geffen Pictures, Dir. Paul Brickman Slide 6: Contracts by NobMouse CC-BY https://flic.kr/p/7b8UG9 Slide 7: Camera operator setting up the video camera by jshawkins CC-BY https://flic.kr/p/7prerh Slide 21: Risk by Brad Clinesmith CC-BY-SA https://flic.kr/p/aWW978 Slide 24: Facet Publishing This presentation is © Chris Morrison, Jane Secker & Juliana Rios Amaya and is licensed under CC-BY-SA 4.0 licence https://copyrightliteracy.org

Editor's Notes

  1. Slides 1-5 – Chris Slides 6-17 Jane Slides 17-21 Chris Slides 22-25 This paper presents findings from a recent survey on institutional attitudes towards intellectual property issues (IPR) and lecture capture. It was completed by copyright and e-learning support practitioners from 33 institutions across the UK higher education sector. The findings are particularly important as many institutions look to encourage open practices, however they reflect the on-going tension surrounding copyright and IPR issues. These issues include whether permission is obtained from the academic staff, the ownership of recorded lectures and the inclusion of third party content in lectures that is subsequently copied and redistributed.   In 2010 Secker et al., (2010) examined staff attitudes to lecture capture and concerns about copyright and IPR were cited by several academics. Jisc (2010) produced guidance on the legal considerations of lecture recording highlighting the importance of copyright, however, this survey is the first research to be undertaken since changes were made to UK copyright law in October 2014. The amendments widened the educational exceptions to copyright, specifically Section 32 (Illustration for Instruction) and Section 30 (Quotation, Criticism and Review). The survey collected data about how different institutions might be interpreting these exceptions with regards to lecture recordings.   The paper illustrates a mixed picture with regards to institutional policies. For example 31% of institutions have no documented approach or formal IPR policy for lecture recording despite recommendations that they should (Jisc, 2010). Only 29% of respondents have an institutional IPR policy with the remaining 40% having an informal, less well-documented approach. In addition to this nearly half of institutions (45%) did not consult widely with the academic community before introducing lecture capture. Meanwhile 45% of institutions have taken the decision not to ask for individual consent from those being recorded.   The paper will explore some of the conflicts that arise, for example requiring lecturers to obtain permission for the use of third party content as well as advising them to rely on copyright exceptions. In most institutions (94%) lecturers are expected to take responsibility for all rights issues. Even though this responsibility is shared with others, ultimately the lecturer often has to make decisions about which content to include. The majority of respondents (63%) try to give helpful examples to support lecturers make fair dealing choices, but leave the ultimate decision up to them. Only 3% actually monitor recordings to see if uses of copyright material are permitted under law. These findings are particularly interesting to consider in the context of risk-management and attitudes towards open practice.   The findings are being used to develop good practice guidelines for institutions, which will be presented. The paper concludes by sharing the authors’ on-going work to embed copyright literacy into institutional practices as part of digital capabilities and open practices.
  2. Earlier research I did (a lit review) did not highlight copyright or IPR as an issue or concern amongst lecturers although it had been cited in my own institution when the policy was implemented and later when there was a discussion over changing from opt in to opt out. What did we want to find out? What are the issues? Why did we do the research? – to find out what people were doing about the new exceptions – illustration for instruction and use of images in lectures How did we do it? A survey open to all HEIs made available on LIS-copyseek and to the heads of e-learning – caveat small scale When – it was distributed in February 2016 – we had 33 respondents – the issue being two institutions sent in two different responses! Interesting in itself!
  3. Some of the issues are: Lecture recording policies and statements about IPR – what do they say? Lecture recording and consent from individuals – including guest speakers and students (Opt in vs opt out policies) Dealing with third party copyright issues – use of the new and existing copyright exceptions, advice given to staff Overall approach to lecture recording as part of wider IPR issues in an institution Lecture recording and IPR policies Analysis of formal written policies Ownership of the resulting outputs Consent from individuals Performance rights and moral rights Dealing with guest speakers and students Dealing with third party copyright Wider issues related to IPR in the institution
  4. 31 % do not have a policy or documented approach to lecture recording 40% sort of have one Only 29% have a written policy
  5. 31 % do not have a policy or documented approach to lecture recording 40% sort of have one Only 29% have a written policy
  6. Varying practices and IP / copyright policies A lot of grey areas Where policies exist not always clear how are they implemented in practice IPR relates to wider issues of institutional culture which this study doesn’t examine Further findings to be published soon…... I am thinking here about saying something about how the opt in (responsibility often with the lecturer) and opt out (taking more interventionalist approach, having policies / guidelines better organised – in one place) approaches create differences in approach to copyright as well. Policy analysis in progress – looking at: Is there a single document or website dedicated to lecture recording? Have a specific statement about IPR and lecture recording Is IPR of recorded lectures owned by the lecturers/presenters? License vs Assignment Reference to performance rights Reference to moral rights Makes clear an opt-in / opt-out approach to lecture recording Who is responsible for 3rd party copyright? It provides specific advice on how to handle third party copyright It provides specific regulations for students, staff and others There is a takedown policy directly referring to recorded lectures It provides advice on using content under copyright exceptions