From UBC University Counsel Re: IP and recording and posting lectures

Subject: RE: question regarding intellectual property an posting to YouTube Date: Tue, 9 Oct 2012 23:27:59 +0000 From: Jaworski, Michal <mxj@mail.ubc.ca> To: ditchfld@csDELETEthisTEXT.ubc.ca <ditchfld@cs.ubc.ca> CC: Hancock, Paul <paul.hancock@ubc.ca>

Moyra,

Thanks for your email. You've asked a good question, and one on which there is little publicly available guidance at this time.

What I can tell you is this:

- Policy – There is no specific Board of Governors’ policy about faculty recording their lectures and posting them on publically available sites, such as YouTube.

o it may be that some faculties have rules or guidelines about this, but our office is not generally involved in developing or enforcing these. The Faculty member should satisfy him/herself themselves about any applicable faculty-specific rules or guidelines.

o also, Faculty members may wish to consult with the folks in the Centre for Teaching, Learning and Technology, who have lots of resources to assist faculty members.

o Faculty members and faculties should, of course, consider the implications of using YouTube and consider whether this is the best way to achieve their goals. The University has published a Social Media Guidelines that give faculty members and faculties an overview of the suggestions and tips for establishing any sort of social media campaign (which would include YouTube). See: http://wiki.ubc.ca/Documentation:UBC_Social_Media_Handbook . This link also contains some best practices and references to UBC policies that are relevant (though not directly on point).

- Copyright – Faculty members hold the copyright in the lecture notes that they have authored and their performance of their lecture notes. This means that they, as the copyright holder, may choose how to distribute their material. If they want to publish it on YouTube, that’s their prerogative.

o Of course, if the faculty member does not have copyright to any material that is being presented or otherwise made visible on the video (e.g. photos, charts, etc. from textbooks), the faculty member must ensure that they comply with copyright law (see www.copyright.ubc.ca for guidance). In particular, the Digital Classroom Frequently Asked Questions has good information about this: http://copyright.ubc.ca/faq/digital-classroom/.

- Privacy – Students attending the lecture - Due to the potential for images of students to be contained within the lecture video, we recommend that the faculty member (a) advise and have the students in the class to orally acknowledge that the lecture is being recorded; and (b) if any student is shown on the video, have the student sign a written consent form prior to posting the video on YouTube. Our office is currently working on forms for use in precisely these circumstances, as well as a Privacy Fact Sheet. In the meantime, if you require such a consent form, please let me know and I will provide the you or the faculty member a form in advance of making them available publically.

- Privacy – Other Presenters – if the faculty member wishes to record a lecture that features another presenter, or a student (or group of students) as presenters, it is necessary to get all the presenters to sign a consent form. Again, our office is currently working on forms for use in precisely these circumstances. In the meantime, if you are requiring such a consent form, please let me know and I will provide you or the faculty member the form in advance of making them available publically.

If you have any questions or concerns, please let me know.

Best regards,

Michal

Hi Moyra,

Thanks for your note. I am forwarding this to my colleague, Michal Jaworski, who will be able to help you.

Kind regards,

Liz

Elizabeth Moxham, LLM, CFRE

Legal Counsel | Office of the University Counsel The University of British Columbia

6328 Memorial Road | Vancouver, BC V6R 1Z2

Direct: 604.827.4421 | Office: 604.822.1897 elizabeth.moxham@ubcDELETEthisTEXT.ca This e-mail may be confidential. Unauthorized use is prohibited. Unintended recipients are asked to delete this message.

From: Moyra Ditchfield [mailto:ditchfld@cs.ubc.ca]

Sent: October-04-12 7:30 AM

To: Moxham, Elizabeth

Subject: question regarding intellectual property an posting to YouTube

Hi,

In the Department of Computer Science we have several faculty interested in recording their lectures and then posting them to YouTube. Can you tell me what the UBC policy is for a faculty posting lecture material to YouTube? Is it up the each faculty member to approve this for themselves or do they need permission from their department head or someone else? Is there any UBC process they need to follow prior to posting the lectures?

Any information you can shed on this would be most appreciated.

Regards,

Moyra Ditchfield

Directory of Facilities,

Department of Computer Science

-- AlanMackworth - 29 Oct 2012