Recordings Policy Summary
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:
- securing privacy consent
- securing copyright consent.
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. The Copyright Clearance Center offers a Fair Use Check List that you can try. However, it is generally unwise for any layperson to interpret fair use without the assistance of a legal expert.
