Replay: Frequently Asked Questions

Notice: 2020/21 Academic Year and COVID-19

The University’s Education Steering Group has agreed that, as part of our flexible and inclusive educational approach to teaching in 2020/21, students affected by the pandemic should have access to lecture recordings until they have sat the relevant examinations (including re-sits). Making lecture recordings available to students for this period will allow them to derive much of the benefit from recordings during revision periods. This decision was included in Education Steering Group’s report to Education Committee in July 2020.

Making Panopto recordings available from within a Canvas course means that access permissions are mapped across automatically from Canvas to Panopto.

New accessibility regulations came into force on 23 September 2020, and have placed additional duties on public sector bodies to make digital content accessible to as many people as possible. As a result, the Replay service has seen a substantial increase in demand.

There will be a review of lecture recording in 2020/21 which will be considered by Taught Degrees Panel. This will involve consultation with students and Divisions, and will include a review of the Replay Information for Departments and the speaker release and legal documents pack.

The following questions attempt to cover common questions raised by staff and students in 2020/2021, and should be read and used in conjunction with the  above documents. If teaching staff have any concerns about these questions, they should discuss them with the relevant Director of Study or Head of Department.

 

Table of Contents

1. Recording

2. Permissions, licences and copyright

3. Distribution and accessibility

4. Feedback & resources


1. Recording

Should I make a recording of a remote lecture?

Yes. If your lecture is being live-streamed during the 2020/21 academic year, then you will also need to make arrangements for it to be recorded. If teaching staff have any concerns about this, they should discuss them with their relevant Director of Study or Head of Department.

It is important that you sign the Presenter Release Licence form which gives the University permission to make and distribute your recording. Copies are available in the speaker release and legal documents pack.

Recordings are valuable for those students, who were present, to review what was discussed, and for students who were unable to attend (perhaps because they are self-isolating, unwell, or studying remotely) to view the recording at a later date. The Teaching Remotely page from the Centre for Teaching and Learning (CTL) includes a guide to recording and sharing Microsoft Teams meetings.

Alternatively, you can pre-record the lecture (perhaps breaking it down into shorter videos or screencasts) and hold a live follow up Q&A session in Microsoft Teams (see Teaching remotely: guidance on recording lectures and designing supporting online activities).

Should I make a recording of a remote tutorial/seminar/class?

Previously the advice to staff was to avoid filming students if at all possible. However, given the current circumstances in the 2020/21 academic year, recordings of classes are permitted until the disruptions caused by the COVID-19 pandemic have ended.

You should follow the guidance under: Should I make a recording of a remote lecture?

2. Permissions, licences and copyright

As a lecturer, do I have to give permission to be recorded? Who owns the recorded lecture?

Yes. If a department adopts Replay, lecturers within the department should be asked whether they wish to opt-in: if they do, they will need to sign a Presenter Release Licence which gives permission for the University to make a recording of their lecture or series of lectures. A single form can be used for a lecture series or module and is available in the speaker release and legal documents pack. It should be kept on record at the department. The same form can be used for recordings using Microsoft Teams.

The University Statutes grant ownership of the slides and the words of a lecture to the lecturer, even though they were created in their roles a University employee (see Statute XVI, Part B: Intellectual Property). Copyright protects the imagery of the slides, the words spoken by the lecturer and the recording itself. By accepting the Presenter Release Licence, the lecturer gives the University the rights it needs to distribute the recording of the lecture (or lecture series) to its students. This means that as the intellectual property in the recording belongs to the lecturer, the University can only use that recording in a way that is consistent with the licence granted by the lecturer.

Should I complete the presenter release licence if I am recording in Microsoft Teams?

In all cases, the Replay process of 'Presenter' and, if appropriate, 'Participant Release' forms remains the same regardless of the technology used to record the session. See the IT Services guidance on recording a meeting in Microsoft Teams.

The Replay Release Licences are available from the speaker release and legal documents pack.

The presenter release form talks about my 'performance rights'. What does that mean?

Performers, like actors and musicians, have the legal right to prevent themselves from being recorded. Anyone who wants to record them therefore needs their permission. Whether a lecturer counts as a performance for the purposes of Performance Rights is still a matter of legal debate, but the University seeks this permission just in case. Please download the legal pack from the Replay downloads and resources page.

Should I tell students the lecture or class is being recorded?

Yes. You should display a 'Notice of Lecture Recording' at the start of a live remote lecture or class. This should explain:

  • What will be recorded (e.g. the screen and audio stream)
  • Where recordings will be stored (e.g. the Panopto EU cloud server)
  • How recordings will be shared (e.g. with other students in this year group registered on this programme of study via Canvas)
  • The email address of the Replay service (replay@it.ox.ac.uk) - anyone who has questions or concerns are encouraged to contact the service in this way

You should also make students aware of the intention to record the lecture or lecture series before the day itself, perhaps as part of a standard email communication about the course, or on the Canvas site associated with the course.

See the example 'Notice of Recording' for remote lectures and classes in the speaker release and legal documents pack.

Do students have to give permission to be recorded?

It is not usually appropriate to record students’ contributions in lectures, however, because of the educational needs in the current circumstances, it has been agreed with Information Compliance that recordings can be made of complete lectures until the current remote requirements are no longer in place. You should still inform students that the lecture will be recorded. This can be done by including this information on the lecture list or with course information on Canvas and reminding students again at the start of the session.

In order to record any meetings including research or teaching activities, the University requires a legal basis under GDPR to process the personal data contained in the recording. The primary legal basis the University uses for recording activities that are core to its purposes, including teaching and research, is ‘public interest task’. Asking for the consent of participants is generally not appropriate. The law would deem such consent as not ‘freely given’ due to the nature of the relationship between a senior and junior staff member, or tutor and student. Thus, consent is not required if you believe the recording falls under the legal basis described above. See the University policy on recording meetings.

In specific situations where participants give a presentation, demonstration or performance, you should ask the student to complete the Replay Participant Release Form which is available from the speaker release and legal documents pack.

What if a student or staff member doesn’t want to be recorded?

It is important that students know in advance that a lecture or class will be recorded. They should have the opportunity to raise any concerns they have with the lecturer/tutor in advance. Students who raise concerns about being recorded may be reassured by an explanation of how the recording will be stored and shared.

If it is applicable, you might also need to explain that the recording must be made as a reasonable adjustment for a disabled student, taking care not to reveal the identity of the individual unless they have given you explicit consent to do so. See Confidentiality and sharing information. You are obliged to provide a recording if it’s a reasonable adjustment in a Student Support Plan. Where a disabled student is making their own recording, they should pause the recording while that student speaks. See Permission to record lectures and other teaching sessions (PDF).

You might explore with students who do not wish to be recorded other options for their participation in a remote lecture e.g. e-mailing questions in advance or turning off the recording 5-10 minutes before the end of the lecture so they can ask any questions live.

Other options might include:

  • Students can be advised that if they do not wish to be recorded, they should turn off their cameras and microphones.
  • Recording parts of the session where students contribute less (e.g. where the tutor/lecturer sets the scene and/or the summary discussion) and not recording the section where more student contributions are expected.
  • Recording a short summary of the session after it has finished. Students could take turns to do this.
  • Recording the lecturer’s microphone but not the students' microphones: to do this you will need to wear headphones and use Panopto to record the session, even if it is running in Teams. When you start the recording, leave the ‘record computer audio’ box unchecked. Panopto will then only record the input from your microphone.

What happens if a student’s words end up as part of the recordings?

Any location being used for lecture capture should prominently display a Notice of Lecture Recording on each entrance. Ideally, a lecturer should also make their students aware of the intention to record the lecture or lecture series before the day itself, perhaps as part of standard e-mail communication about a course, or on the Canvas site associated with the course. The Notice of Lecture Recording should include the e-mail address of the Replay service (replay@it.ox.ac.uk), and anyone who has questions or concerns is encouraged to contact the service in this way. An example notice is available in the speaker release and legal documents pack.

For remote teaching sessions, see: Do students have to give permission to be recorded?

What should I do if a student subsequently asks to have a recording removed?

The central Replay team has established a procedure that is in accordance with existing IT regulations. Students should contact their local lecture capture support contact in the first instance. If a department receives a complaint about a particular recording, or wishes for a recording to be removed, please contact the central support team at replay@it.ox.ac.uk. The recording will be removed as soon as is reasonably possible.

Can the University reuse my lecture recordings without my permission?

No. In April 2020 the Replay Lecture Capture Service Information for Departments was updated to include the protections that recordings will not be used to mitigate the impact of industrial action, nor in staff disciplinary proceedings.

In July 2020, Education Steering Group agreed to modify the terms of the Presenter Release Licence to clarify that lecturers are granting permission for the recording of a lecture or lecture series to be made available to the current cohort/year of students only. Any subsequent use outside the scope of the licence or for future cohorts would require obtaining further lecturer consent.

Both changes were reported to the Unions in their regular meetings with HR.

The most recent version of the documents are available in the speaker release and legal documents pack.

If teaching staff have any concerns about this, they should discuss them with their relevant Director of Study or Head of Department.

Can the University use my lecture recordings if I leave?

Yes, but only for the particular cohort/academic year of the students for which it was intended.

From an intellectual property perspective, under the Presenter Release Licence, the lecturer’s employment at the University is not tied to the grant or term of the licence. Therefore, the University could continue to use the recording for the particular cohort/academic year of students for which it was submitted.

From a data protection perspective, lecture recordings are considered essential to provide teaching and learning. The primary legal basis the University uses for recording activities that are core to its purposes, including teaching and research, is ‘public interest task'. Therefore the University can rely on that legal basis to retain that recording for the remainder of that academic year, after which it would need to be deleted.

Can I give my lecture elsewhere, once I've signed the presenter release licence?

Yes. The Presenter Release Licence does not prevent you giving your lecture anywhere else, or publishing it in transcript form, or adapting it to printed form in some other way. If you need to sign the Presenter Release Form please download the legal documents pack from the Replay resources and downloads page.

What if my lecture has images or text I didn't create myself? What is fair dealing exemption?

As part of the Presenter Release Licence, the lecturer confirms that their lecture does not infringe anyone else’s intellectual property rights. This does not necessarily mean that it includes only material created by the lecturer. There may be material which is out of copyright due to its age, used with permission, or used under one of the so-called Fair Dealing exemptions of the Copyright, Designs and Patents Act 1988.

The conditions under which this is the case are numerous and covered by the Copyright, Designs and Patents Act 1988. Two categories of exemption are used for ‘illustration for instruction’ and use for ‘criticism and review’, and both these potentially covering use within lectures. In all cases, it is important to acknowledge sources of third party material.

Further guidance on copyright exceptions for education, including changes to the law made in 2014 to cover online teaching, is available on this UK government page: https://www.gov.uk/guidance/exceptions-to-copyright

There is a complimentary easy to read guide for copyright issues in teaching from the UK government: Exceptions to Copyright - Education and Teaching, October 2014.

You may also use material under a broad, general licence like a Creative Commons licence.

Can students download and distribute my recordings over social media or other web platforms?

Students do not have the right to distribute Panopto recordings by any means. The unauthorised distribution of lecture materials by students will be codified as a disciplinary offence.

3. Distribution and accessibility

For how long should lecture recordings be made available?

In July 2020, the University’s Education Steering Group agreed that students affected by the pandemic should have access to lecture recordings until they have sat the relevant examinations (including re-sits). Making recordings available to students for this period will allow them to derive much of the benefit from recordings during revision periods. Making Panopto recordings available from within a Canvas course means that access permissions are mapped across automatically from Canvas to Panopto.

If teaching staff have any concerns about this, they should discuss them with the relevant Director of Study or Head of Department.

What happens if a disabled student needs access to lecture recordings?

Many disabled students need to have the option to have access to recordings of a lecture or class or to make their own. In this case, your local IT officer and academic administrator will liaise with you to ensure a recording is made where necessary. If a disabled student is making their own recording, they should inform you of this.

As well as the legal responsibility to make reasonable adjustments for students with disabilities, colleges and the University also have an ‘anticipatory duty’ to think ahead about the range of adjustments that might reasonably be made for potential students without needing reference to individual student case. Inclusive teaching should make learning support materials available to all students thus accommodating those who do not wish to disclose their disability or other sensitive personal information.

See the Guide to lecture capture as a reasonable adjustment for disabled students.

Where should I save my recordings: Microsoft Stream or Panopto?

It is recommended that you use the Replay (Panopto) service for storing recordings and making them available to students via Canvas, even if you made the recording in MS Teams. See the Teaching Remotely Guide to Recording and sharing Microsoft Teams meetings in Panopto.

Although it is possible to keep your Teams recording in Microsoft Stream and share it with students from there, we do not recommend this, as it is easy to share it inadvertently with a wider audience than you intend, and this service will be changing in 2021.

What are my responsibilities regarding the captioning of content?

New government regulations that came into force on 23 September 2020 have placed additional duties on public sector bodies to make digital content accessible to as many people as possible. For more details, see the  Panopto accessibility statement.

Captions are now legally required for on-demand content. Captions are also automatically added to videos uploaded to Panopto (in newly created folders post-August 1st 2020). However, they do not appear automatically: viewers can turn them on within the media player by selecting the ‘CC’ (closed captioning) option. If you find that your recorded lectures do not have automatic captioning, please alert your departmental Replay contact.

Lecturers are not required to manually edit automatically generated captions. The best way to optimise the quality of automated captions is to ensure that the video itself has good audio quality, and advice on this, as well as other tips for producing videos, can be found at the Creating accessible videos resource.

Live captions are available within Microsoft Teams meetings and you should make your students aware of how to turn on this functionality when live-streaming a lecture in Teams. Captions can be viewed by anyone who selects ‘turn on closed captions’ within the meeting menu.

It is also a requirement of the new regulations that any visual material that is needed to understand the overall content, such as diagrams and graphs, are audio described. For most visual content, the best way to handle audio description is to provide a full and explicit description within what you say in the main audio. A detailed guide to working with captions in Panopto can be found here.

How can visiting students access lecture recordings?

Concerns have been raised about the access that Visiting Students will have to lectures and other teaching sessions given the significant shift to online provision and the lack of a maintained single point of reference for lecture information. IT Services investigated whether Canvas could provide this single point of reference but, following consultation, it was agreed that this is not appropriate, nor is it possible for access to lectures for Visiting Students to be automated.

College Visiting Student Directors or other appropriate college officers should liaise with relevant departments/faculties to ensure that Visiting Students have access to lectures and other related material as identified by the Visiting Student’s tutor in consultation with the Visiting Student.

Departments/faculties should provide the Visiting Student with access to lectures and other related material following discussion with the appropriate college officers. It is acknowledged that access to all material related to a lecture or lecture series may not be appropriate, particularly where the lecture is outside the Visiting Student’s main subject(s).

Provision for Visiting Students is covered by a number of regulations and policy documents. This includes a note on the policy position with regards to access to lectures for Visiting Students and how it can be implemented in 2020/21.

4. Feedback & resources

When will the Replay policy and legal documents be reviewed?

The University’s Taught Degrees Panel is undertaking a review of lecture recording in 2020/21. This will include a review of the legal documents and will involve consultation with students and Divisions.

What feedback has been collected from students about recording remote lectures?

Of those students who completed the survey of remote teaching and assessment in Trinity term 2020, 64.9% (2065 students) had watched a lecture video and 75.3% of these (1555 students) were satisfied or very satisfied with this element of remote teaching. Students were asked to tell us about a time when a lecture video was helpful to their learning and to explain what made it helpful. Around a third of survey respondents (1044 students) chose to leave an answer to this free text question.

More than half of the free text responses mentioned the inbuilt features of the recording software as the reason why the lecture video was helpful. That is, videos are of benefit to students simply through being recorded. Students made frequent mention of the playback facilities available in Panopto including the ability to pause, jump back and play at different speeds. Although students clearly valued the ability to replay the lectures in order to improve their notes, consolidate their knowledge and revise complicated topics, some did remark that watching lecture videos was time-consuming. Shorter live lectures were welcomed as were videos broken down in shorter chunks.

Students in Trinity term appeared to be making use of the ability to take control of the timing of lecture videos, watching them when it suited their learning or personal circumstances and fitted in with other teaching or assessment. The ability to study or revisit a topic in both lectures and tutorials in tandem was seen as an advantage of having lectures recorded. There were a small minority of students who found it difficult to organise their time without the daily or weekly structure of lectures and preferred lecture recordings to be released in a regular pattern to help pace their learning. Students pointed out that in order to realise the benefits of lecture videos, they needed to be made available to them in a timely manner and remain available until they were needed.

Students made comparisons between their experiences before and during lockdown, revealing some of the challenges they face in live lectures, which might also apply to live streamed lectures which are not recorded. Most notable is the concern, and sometimes anxiety, about missing something from a lecture, whether that is missing the entire lecture through lack of attendance, missing content due to poor audibility and/or visibility or missing the opportunity to listen and understand because of the pressure to take notes. While students value the potential opportunities for academic and social engagement afforded by live in-person lectures, they also comment that too often lectures are not engaging, there are not opportunities to ask questions, and their prime role is to take down what is said as quickly as they can. For disabled students, the experience of a live lecture appears to be a particularly challenging learning situation, and one which has been significantly enhanced by the availability of lecture videos.

See Results from the Trinity Term 2020 Teaching and Assessment Staff and Student surveys.

Are there legal notices that I can download for display in teaching spaces?

The speaker release and legal documents pack is useful to staff members using lecture capture at the University of Oxford. It includes policy and legal agreements for presenters and participants (if students may appear in a recording in a small-group setting), an A4 notice to display in a venue where lectures are being recorded, an End User Licence Agreement stating how the recording can be used once made available by the Replay lecture capture service and tips for audio and video recording. Please download the pack and take a few minutes to study its contents.

The notice will need to be positioned on the door of the lecture theatre allowing enough visibility for the students to read it clearly and also on relevant walls of the lecture theatre.

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For more complex queries, contact the central Replay Lecture Capture team

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