Tag: lecture

lecture recording and the law

Wise Owl from the University Collections https://images.is.ed.ac.uk/luna/servlet/s/txp932

We’ve had some questions about the legal bits of our University of Edinburgh lecture recording policy. I’m not a lawyer, but I know some good ones.

Here, thanks to our excellent Policy Officer Neil, is our explanation:

The policy task group considered the intellectual property and data protection implications extensively during development and we’re confident that the new lecture recording policy is legally compliant.  We took detailed advice from the University’s lawyers and Data Protection Officer, from the School of Law’s academic IP expert and from the ISG Copyright Service, in addition to the evolving versions of the very helpful JISC guidance.

In terms of Data Protection:

  • Uses:  The policy clearly defines and limits the purposes that a lecture recording may be used for, including an “essential purpose” of allowing the students on a Course to review their lectures.
  • Lawful basis:  We’re using legitimate interests of the University in providing the service to its staff and students as the lawful basis for processing personal data within the Media Hopper Replay service.  The Data protection Officer and lawyers were very clear that this is the appropriate basis (and that the consent lawful basis would actually not be appropriate for a number of reasons, including ensuring consent is freely given, given the power imbalance between the University and either a member of staff or a student, and some of the implications for implementing any withdrawal of consent once a recording has been made.
  • Sensitive data:  There is a clear requirement in the policy to obtain written consent from a data subject before recording sensitive personal data.
  • Retention:  There is a clear retention period and disposal policy for the recordings.

We have undertaken a Data Protection Impact Assessment and there will be an updated privacy statement for the service that will both be published in due course.

In terms of Intellectual Property:

  • Rights in recording:  The policy recognises that the University, the lecturer and any students who make a contribution to the lecture will each hold some intellectual property rights in the recording.  (The University is the producer and at least in part the director of a recording, and the lecturer holds performer’s rights in the recording.)  In a collaborative approach, these rights will be retained by the respective rights holders who will licence the University and/or the lecturer to use the recording for the defined purposes.
  • Further uses:  It spells out that the University, the lecturer, a student or anyone else may not use the recording for any other use without further agreement from all the rights holders.
  • Lecturer opt-out:  If a lecturer does not wish the University to use a recording containing their performer’s rights, they will be entitled to arrange not to make the recording in the first place.  The lecturer has complete control of whether or not to record a lecture, whether to pause recording, and whether and when to release the lecture to the students.
  • Student opt-out:  It provides for students not to be recorded or – if necessary – to request their contribution deleted, and for students to know in advance which of their lectures will or will not be recorded.  We understand there are practical limitations on keeping students out of shot in some smaller venues but haven’t seen specific problems in practice.
  • Third party copyright:  The policy reiterates the standards required in terms of permission, licence and citation when using third party copyright materials in a lecture, whether or not it’s recorded.  The  ISG Copyright Service will produce specific guidance on use of films, broadcasts or musical excerpts within recorded lectures and on openly licencing recordings if preferred.

I hope that helps.

 

strike that

Strike that from Waddington’s Lexicon, ‘The Wonder Game’.

Sometimes, people look to me for advice and wisdom.

My advice today, to anyone who works in a role similar to mine is:  try to avoid being in an institution-wide consultation about an opt-out lecture recording policy at  a time of national industrial action.

 

We are consulting on a draft new policy at Edinburgh. It’s a good policy. It’s better than previous policies and it’s been developed over many months with input from across the University.

I am a strong believer that if you are a member of a union you should remain a member of that union even when you become senior management. The reason for this is that I believe you get better decision making when there is diversity around the board table, and union members are part of that diversity of thinking. Having some managers in the room who are union members means you get better management which is more inclusive and considerate of a range of staff views. The hope, is that with this better-informed thinking, comes fewer staff-management stand-offs.

 

Because of this, I have ensured that the campus unions have been part of the policy consultation since the start. A UCU rep has been part of our task group.
What  have learned:

 

‘We can just use recorded lectures‘ is the knee-jerk go-to response of university management when threatened by an academic walk-out, but that really isn’t what this is all about. The University believes that having more lectures recorded and offering a consistent staff and student experience around that service, benefits us all in the longer term. That is why they have invested.
For colleagues at Edinburgh University, please let me assure you: The new policy is predicated on the idea that we are all in this together.

 

The new policy clearly states the essential purpose and aims to address a number of concerns.   In the Policy Point 1. The statement of the “essential purpose” in the policy is to reassure lecturers that the intention of the service is the provision of recordings for students to review, and that this is limited to the students on the Course for which the lecture is delivered i.e. those who were entitled and expected to be present at the original lecture.

 

In 1.5 it clearly states that to use the lecture for business continuity , such as a volcanic eruption leaving everyone in the wrong place around the world*, or loss of a major teaching building, or absence of a major teaching person,  the university can use the recording ‘if the lecturer and other participants agree, and as specified within business continuity plans relevant to the School. ‘   People on strike would presumably not agree.   That is the reassurance we have been giving colleagues.

 

Policy wording below.

 

Essential purpose
The essential purpose referred to within this policy is to allow the students undertaking a taught Course to review recordings of lectures given as part of that Course.  The policy also permits a lecturer to re-use recordings of their lectures for other relevant and appropriate purposes, if all the participants in the recording agree to this.

 

Use of recordings
1      The University will provide recordings of lectures to students on taught Courses, where possible, to aid their learning through review and reflection.  These recordings are not, other than in very exceptional circumstances, a replacement for lecture attendance or other contact hours.

 

1.1             The Lecture Recording Policy Privacy Statement details how the University will use and share personal data in relation to the lecture recording service.

 

1.2             Recording of sensitive personal data as defined in current legislation[1] shall not take place without the explicit written consent of the person(s) to whom the data relate.

 

1.3             The University will provide lecture recordings to students on the Course(s) to which the lecture relates.  By default, it will also provide access to the staff associated with the Course(s) in the Virtual Learning Environment.  The lecturer may restrict staff access to a recording further if required.

1.4             The University encourages teaching innovation, sharing and re-use of recorded lectures where relevant and appropriate.  A lecturer may publish a recording of their lecture as an open educational resource, with appropriate modifications and safeguards, including an appropriate attribution, licence and having obtained any permissions required from other participants or third parties whose intellectual property resides within the recording.  Guidance on this is contained within the Open Educational Resources Policy and Website Accessibility Policy.  Staff and students may otherwise only publish or share restricted-access lecture recordings with the permission of the School that owns the Course and of the lecturer and any other participants in the recording.

 

1.5             A School may use a past recording held within the lecture recording service in exceptional situations to provide continuity, if the lecturer and other participants agree, and as specified within business continuity plans relevant to the School.

 

1.6             The recordings and any associated metadata will not be used by the University for staff performance review or disciplinary processes except in the case of alleged gross misconduct.  A lecturer may however choose to use recordings of their own lectures for these purposes or to allow peer observation of their teaching.

 

1.7             Learning Analytics from the lecture recording service may be used in accordance with the Learning Analytics policy.

 

* I was first convinced of the value of lecture recording ( and video conferencing) when that Icelandic volcano stranded the staff and students of my university all around the world. There were no flights in and out of Europe and, as an international research institution, we were all widely scattered. The impact on teaching, and the research activities and conferences for those few weeks was considerable.

what will you watch?

Students watching Replay highlights. Picture from University of Edinburgh Image collection. CC BY https://images.is.ed.ac.uk/luna/servlet/s/a93pr4

We are more than two weeks into term now at University of Edinburgh.
Lectures are being recorded.
The sky has not fallen in.
The service is called Replay.
Students like it.
Staff like it.
We are gathering data.
The learning technology teams have shown themselves to be expert in the jobs they do.
The learning technology teams have shown themselves to be excellent in the jobs they do.
I’m not shocked.
Well done all.

 

subtitles as default?

Common Sense of a wholly new type. https://images.is.ed.ac.uk/luna/servlet/s/y2j4j2 (c) University of Edinburgh. Full Public Access.

Some people have asked if we are going to have subtiles on our lecture recordings as default. The answer is no,  but I’d be keen to hear creative ideas on how we could do it. ….. Any ideas which cost less than $3m per year are welcome.

Students with disabilities are, we hope, one of the groups which will most benefit from lecture recording. That is however, quite a diverse group, with a wide range of individual needs, with a variety of existing support in place. Disability Services supported our initial business case with their own papers and contribute to discussions on our policy task group. Accessibility use cases were included in our procurement and selection so we are confident that we chose a good solution from a knowledgeable supplier with a large HE user community.

We’ve been tailoring our Replay roll-out to support the university’s policy for Accessible and Inclusive Learning (which I understand is currently being reviewed)

On accessible and inclusive learning:

Our approach is based on being widely flexible and enabling choices of formats and pedagogy. The draft lecture recording policy  states that recordings are primarily an additional resource, rather than a substitute for attendance, so the recording and slides provide the ‘alternative format’ to enhance the accessibility of a live-delivered lecture.

Some lecturers’ notes and slides provide considerable text to support the recorded audio. Replay recordings will support a wide range of accessibility and inclusivity needs – visually impaired; dyslexia and other similar; various autism spectrum disorders; students who for a number of mental health reasons may find physical attendance overwhelming; students for whom English is not their first language, those who struggle with complex technical terms or latin translations, those who experience debilitating anxiety as a result of missing classes. Where students have a schedule of adjustments that includes having a scribe in class with them, a recording will help the scribe clarify and areas of subject specific terminology.

We are running training sessions for all staff on how to make accessible PowerPoint presentations, often it is the use of .ppt which has the greatest impact on accessibility. Replay itself includes good keyboard controls for the video player, integration with JAWS screen reader software, tab-accessible page navigation and a high contrast user interface.

Recording lectures will require academic staff to use microphones – we know practice is currently patchy. So the act of making a recording can improve accessibility for those in the room even if they never replay the video. We are also introducing dozens more Catchbox microphones to catch more student contributions in the recording.

The Replay video experiments with chalk boards will considerably enhance accessibility for students at the back of the lecture theatre with the ability to ‘zoom in’.

For students using ISG services our service level is as consistent across all of our learning technologies as we can make it. Replay recordings will be made available in a closed VLE environment, alongside eReserve texts from the library, PDF and Word documents, lecture slides etc. Any of these digital artefacts can be requested in an alternative format as part of supporting reasonable adjustments. In the case of the lecture recording this could be supplying a transcript or subtitles. For other artefacts it could be supplying in a larger font, or converting written text into audio format. We don’t pre-judge what the required adjustment might be in any of these cases.

With regard to transcripts/subtitles specifically:

Our experience is that automated speech to text although improving, is not fully there yet. And costs remain prohibitive, so transcripts or subtitles are not automated in the lecture recording system.

Specialist language in lectures remain tricky and are often subtitled badly. It is also difficult for the transcription to discern whether the lecturer is quoting, reading, muttering or joking. The kind of ‘performance’ and content some of our colleagues deliver would need a highly nuanced translation. All UK HE struggles with this challenge and colleagues are anxious that their speech is not misrepresented by a poor quality subtitle which might be more confusing for learners.

Even supposed ‘100% accurate human-mediated subtitling’ is not 100% and often requires a proof-read or edit from the speaker. In some cases colleagues are willing to take on this extra work, for others it is seen as a major barrier.

That said, we have purchased, as part of our bundle, 100 hours of human-mediated subtitling and transcripts ( 99% accurate) and 900 hours of machine speech to text ( approx. 70% accurate). The current planned use cases for this would be:
• where profoundly deaf students  request a transcript;
• where the recordings are not a substitute, but in fact a primary delivery mechanism (e.g distance learning);
• where colleagues are publishing and sharing recordings of their lectures publicly online as open educational resources.
• Where a student with mobility difficulties has been unable to access the venue.

As part of the policy consultation over the coming year we may be able to encourage colleagues to make audio and video recordings downloadable so that students can use their own technology to make transcripts.

For the future:

If, as a result of scaling up recording, we find there is a large additional requirement for transcripts we have a number of options:

• If the institutional commitment to spending is there, we can integrate the third party supplier of our choice. For 50,000 hours of recordings each semester that would be approx $3m per semester.
• We can retain more high quality transcription services.  This may need to be recharged to Schools to recover costs – capping costs would be difficult
• We can look into involving more colleagues in using their personalised, trained ‘speech to text’ tools to create transcripts.
• We are working with colleagues in Informatics to stay aware of the most up to date speech to text technologies.
• We can spend much less than $3m per semester paying students an hourly rate to transcribe lectures in their discipline.

Any other suggestions…..?

what to watch

PERFORMANCE COSTUME 2009, LEILA DEARNESS © Edinburgh College of Art http://images.is.ed.ac.uk/luna/servlet/s/xc5j6y
PERFORMANCE COSTUME 2009, LEILA DEARNESS © Edinburgh College of Art http://images.is.ed.ac.uk/luna/servlet/s/xc5j6y

The University is targeting an improved student digital experience by investing several million pounds in a state-of-the-art lecture recording system to cover 400 rooms in over the next 3 years.

We want to make sure that your thoughts and ideas on lecture recording are gathered so they can be used during our investigations with suppliers.  Having your thoughts included within the process will make sure we make the most of this opportunity to enhance the experience for students and academics at the University of Edinburgh.

The ability to watch lectures again as an aid to revision is immensely popular with our students already and capturing video and audio recordings of lectures at scale will supplement the rich set of online resources that already exist to support learning.

There are many proven benefits to making recordings of lectures available including supporting students for whom English is not a first language and ensuring that our face to face lectures are available in an alternative format for students who require it. Not having to take notes at speed allows students to focus more on what is being said and use valuable contact time to ask questions, knowing that notes can be reviewed and improved later.

We have created 18 use cases for lecture recording.  We want you to look at these use cases and think ‘how should this work?’  We want you to think of this in terms of usability and your workflows when using the service.
The creation of policy around lecture recording at this scale will form a separate piece of work, these workshops are about the functionality.

We also want you to tell us which use cases are your priority.

Finally, ‘what are we missing?’  We want you to suggest any use cases not covered.

https://www.events.ed.ac.uk/index.cfm?event=showEventDetails&scheduleId=22280&start=51