Teaching and Learning Capture (TLC) Policy

1. Introduction

1.1  Teaching and Learning Capture (TLC) is the digital recording of a learning event or learning- related content that is intended to be made available to students. This includes pre-recorded content and content filmed during a live session.

1.2  The scope of this policy includes recordings made by students or non-teaching staff for the purpose of dissemination to students as a tool for learning.

1.3  Discover more by visiting What is TLC, Why Use TLC, and Top Tips for TLC.

2. Purpose

2.1  This policy sets out the University’s expectations regarding the use of Teaching and Learning Capture.

2.2  The policy is intended to:

a)     Ensure that all stakeholders understand their responsibilities when creating and sharing recorded content

b)     Prevent the unauthorised use of recordings

c)     Ensure that appropriate permissions are sought when recordings occur

d)     Prevent unauthorised use of copyrighted materials within recordings/content

e)     Signpost copyright guidance materials and resources in accordance with existing policy such as GDPR and IP laws.

f)      Ensure that learning capture serves as an educational tool to support effective pedagogy, and supports an accessible and inclusive curriculum.

2.3  A glossary for this policy can be found by visiting the Teaching and Learning Capture Glossary webpage.

3. Principles

Principle 1 – TLC supports student learning and is key to creating an inclusive learning environment, not least but not only for those with disabilities or for whom English is a second or subsequent language.

Principle 2 – TLC is intended to supplement not replace face to face teaching.

Principle 3 – TLC is based on an ‘opt-out’ policy. The expectation is that all lectures should be recorded. Exemptions to this policy are listed in Section 8 below.

Principle 4 – TLC policy adoption will be monitored via Module-level audit which will support colleagues completing yearly module and Programme review.

Principle 5 – TLC recorded content must be kept up to date as per OfS Blended Learning regulation (2022). The re-use of TLC content must be limited to content originally created for re-use or edited to support this intention.

4. Policy Statement

4.1  This policy applies to all staff and students engaging in creating or engaging with TLC materials or content/recordings in any form.

4.2  This is an ‘opt out’ policy. The expectation is that all lectures are recorded. Exemptions to the policy are listed in Section 8.

4.3  Where lecture capture is not possible or appropriate (see Section 8) alternative recorded content should be offered. A list of suggested alternative content is available in Section 8.

4.4  TLC content will not be used as a performance management tool in any formal management or appraisal process unless the staff member wishes the material to be included themselves.

4.5. TLC content or materials may be used in disciplinary proceedings, for both staff and students, if the content displays behaviour that warrants such disciplinary action.

4.6  Support will be provided by Technology Enhanced Learning Team (“TEL”) to ensure that staff are confident creating, storing and appropriately sharing TLC content. Training and guidance materials on TLC are available via the Hub Online (Self-Service Portal).

4.7  TLC recordings are not available to download.

4.8  TLC recordings must be saved to Panopto into the correct Panopto folder (that corresponds to the correct Virtual Learning Environment module).

4.9  TLC recordings must be made available to students via University approved Virtual Learning Environments (VLEs).

4.10  Unauthorised sharing or distribution of a recording by staff and students is not permitted.

4.11 If a module contains sessions that will not be recorded (as listed in Section 8) a communication to students will be provided to clarify the alternatives that will be made available.

4.12  TLC recordings of live teaching and learning activities should not be repurposed for use in any way for which they were not intended at the time of the recording.

4.13  Students may only use a recording for educational purposes and for the purposes of their own personal study while at the University.

4.14  In the event of significant disruption from a pandemic or other natural event, the University may use a recording held within Panopto to provide continuity.

4.15  The provision of TLC recordings does not constitute a replacement for Student attendance at a formal taught session, unless the University has specified this as a reasonable adjustment for a disabled student, or where absence is authorised.

4.16   Schools/Departments must not use captured content as a routine mechanism for managing clashes of timetabled lectures.

5. Student Consent

5.1  Student consent to being recorded is captured via university registration. During Registration students are made aware that they agree to be recorded and they can inform their lecturer not to record them if required.

5.2  Students have the right to opt-out of being recorded.

5.3  Students must be informed of their right to opt out of being recorded at the first viable point of communication in a lecture series or equivalent. This announcement must be recorded and will include details of how students can access TLC recordings. Guidance for academic staff delivering this announcement can be found via The TLC Lecture Announcement Article on the Hub Online.

5.4  Students should be informed every time a recording is taking place. However, the initial TLC announcement (as per 5.3) serves as adequate notice for a series or multiple recorded events, such as a lecture series.

5.5  A printed Recording Notice will be displayed in all teaching spaces alongside guidance advising students how to access TLC recordings.

5.6  SMU reserves the right to restrict access or delete recordings where evidence of a TLC Recording Notice cannot be produced.

5.7  Notification or notices of recording may need to be produced as evidence if required.

5.8  A student may request that they sit outside of the area covered by the fitted TLC cameras in a classroom. Where reasonable notice is given, requests of this kind should be accommodated.

5.9  If a student has not given prior notice to requiring to opt-out, it cannot be guaranteed that they will not appear on a TLC recording, or that their voice will not be recorded.

5.10  In certain circumstances it may be possible to either pause the recording or mute the audio, so no sound is recorded. This is to support students raising questions or comments of a personal nature, and for those who wish not to be included on a TLC recording.

5.11  Students are not permitted to opt-out of recordings where a recording is an explicit requirement of a University award (e.g. a recording of an assessed oral presentation), unless there are specific health concerns that would merit an alternative approach. It is the responsibility of the student to declare that they have a health issue or disability that would justify alternative arrangements.

5.12  Where lecture capture is not possible or appropriate (see Section 8) information must be provided to students as to alternative provision. This should be communicated via the VLE, and via the notice at the beginning of a lecture series or equivalent.

6. Audience Consent

6.1  When engaged in a public lecture or event, SMU event organisers are obliged to inform attendees that the event is being recorded using TLC and to inform them that their voice may be captured in any Q & As.

6.2  St Mary’s reserves the right to restrict access to or delete recordings where no evidence exists that the audience was forewarned.

6.3  A Recording Notice is displayed in all teaching spaces with the exception of rooms in the Waldegrave Suite. In these rooms, a TLC Recording Notice must be digitally displayed or verbally announced at the beginning of a session

7. Guest speaker and affiliates consent

7.1  Where learning is delivered by an Affiliate, or external guest speaker or someone other than a university employee, the module convenor is responsible for bringing this policy to the attention of the lecturer or guest speaker in good time and to ask for their consent for their teaching to be captured via TLC.

7.2  Consent should not be assumed. Consent from guest speakers and affiliates should be captured via the St Mary’s University Teaching and Learning Capture (TLC) Consent form (see Appendix below). Completed copies of the Teaching and Learning Capture (TLC) Consent form will be retained by St Mary’s for the duration the recording remains available.

7.3  Where consent is not obtained and a recording has been made, consent can be obtained retrospectively via the St Mary’s Teaching and Learning Capture (TLC) Consent form. If consent is not granted recordings will be deleted.

7.4  St Mary’s reserves the right to make recordings unavailable until such evidence of consent can be provided, where it is believed to be missing.

7.5  St Mary’s reserves the right to delete recordings in the event that evidence of consent cannot be produced by a Faculty/School/Module Convenor.

7.6  Affiliates or external guest speakers retain their rights in any recordings made of them. However, via the Teaching and Learning Capture (TLC) Consent form they grant St Mary’s a non-exclusive licence to use the recording in the most general terms available. In particular, St Mary’s may use the recording for any purpose, free of charge and in perpetuity.

8. Exemptions

8.1  The following types of teaching fall outside of the scope of this policy, with no expectation to provide alternative recorded content:

a) Seminars and small group discussions

b) Tutorials

c)  Where guest speakers have stated they do not wish to be recorded

d)  Where sensitive or confidential personal or research data may be discussed

e)  Where there are ethical concerns, such as the discussion of sensitive material or issues

f)   Where activities involve removal of clothing e.g. Sports Rehabilitation massage sessions & etc.

g)  Where a ‘client’ discusses personal information e.g. behaviour change / health promotion interview.

h)  Where child protection or the safeguarding of children is a factor.

 

   8.3  Acceptable alternative TLC content, includes:

a) Short, pre-recorded filmed content.

b) Short, pre-recorded audio content (i.e. a podcast).

c)  Short, and simplified PowerPoint recording including audio capture from lecturer.

d)  Short, pre-recorded Microsoft Flip recording, with follow-up activity.

Other acceptable formats can be explored via the Silver and Gold Standards in the Digital Learning Pedagogy Toolkit.

9. Rights over recordings

9.1  The St Mary’s Intellectual Property (IP) Policy covers the status of intellectual property generated by St Mary’s staff and students.

9.2  St Mary’s owns the Copyright of any TLC content created by lecturers/tutors for teaching purposes whilst employed by the University.

9.3  St Mary’s owns the Intellectual Property of any TLC content created by lecturers/tutors for teaching purposes whilst employed by the University.

9.4  Performer’s property rights are personal rights which attach to the individual performance a person makes, for example through their participation in a taught session that is recorded. University lecturers/tutors own the Performance Rights of their own TLC recordings.

9.5 Lecturers/tutors will be asked to assign their Performance Rights to the University for Learning Capture recordings and recordings of educational activities via the Teaching and Learning Capture (TLC) Consent form.

9.6  Students retain performance rights but grant to St Mary’s a non-exclusive royalty free licence in perpetuity to performance rights for the purpose of teaching and research.

9.7  Lecturers/tutors agree to perpetually and irrevocably waive any and all moral rights arising from their employment with the University pursuant to section 78 of the Copyright, Designs and Patents Act (CPDA) or otherwise insofar as it is lawful to do so and subject to the terms of this Policy.

9.8  During employment, St Mary’s gives lecturers/tutors full editing rights over their own TLC content.

9.9  Lecturers/tutors can make their own TLC content unavailable or delete recordings via Panopto.

9.10  If a lecturer/tutor leaves the institution, SMU will archive and delete recordings in accordance with OfS guidelines and the archive policy as detailed in Section 14, below.

9.11  As per Principle 5 above (Section 3), only content specifically created for re-use will be re- shared to the VLE outside of its year of creation.

9.12  TLC content of lecturers and tutors who have left SMU may be accessed by lecturers and tutors of the university to inform teaching practice and to minimise teaching disruption.

9.13  All TLC content must be saved in the correct corresponding Panopto folders to ensure only assigned staff and students have access to the recorded content.

10.Data protection,GDPR and confidentiality

10.1  All captured data/content using TLC must be managed in accordance with General Data

Protection Rules (“GDPR”) i.e. collected and used fairly, stored safely and not disclosed to any other person unlawfully. The accurate use of Panopto supports this.

10.2 Any personal data held in recorded content will be processed in accordance with the applicable data protection and privacy legislation in force from time to time in the UK including the UK GDPR; the Data Protection Act 2018 (DPA 2018) (and regulations made thereunder); the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426) as amended.

 

10.3  Subject to the provisions of Article 6, under GDPR the University captures lectures and makes the recordings available on the legal basis of performance of a task in the public interest (providing education services) and in accordance with this policy. Students will be made aware that this is the case by the use of a Recording Notice and TLC Lecture Announcement explaining why the University records lectures and setting out students’ rights and obligations (see Appendix). The Recording Notice satisfies the GDPR requirement of transparency and will be displayed in relevant teaching spaces, and its content will be communicated to all students during induction, and included in module sites on the VLE.

 

10.4   St Mary’s is regarded as a data controller under the DPA 2018. Data featuring identifiable individuals recorded in line with this policy is considered to be personal data of those individuals and may be processed by St Mary’s for the purposes outlined in paragraph 10.3 of this Policy.

10.5  Recordings of special category data will not be permitted without the written consent of the individual(s) to whom the data relates. “Special Category Data” is defined under Article 9 of the GDPR to include generally any personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership and the processing of genetics data, biometric data, data concerning health, sexual life or sexual orientations. Section 10(5) of the DPA 2018 extends this definition to include criminal convictions and offences or related security matters.

10.6  If an individual objects to a recording of them being used in a particular way, the lecturer should seek advice from St Mary’s Data Protection Officer. While St Mary’s may have a legitimate interest in using the image or recording, this needs to be balanced with the rights of the individual and any damage or distress that may arise from the continued use of the recording. Wherever possible, the user should respect the wishes of the individual and remove or avoid using the relevant image or recording.

10.7  In the case of a breach of either data protection or confidentiality during a recorded lecture, the presenter should immediately make the recording unavailable, then edit the recording to remove the breach to ensure that data confidentiality is maintained.

10.8  Where SMU is made aware of any breach of either data protection or confidentiality within a lecture recording, it will immediately make the recording unavailable, then contact the presenter to correct the content matter.

10.9  If there is a breach of data protection or confidentiality and the video or links to the video have been made available publicly (i.e. a video has not been shared via Panopto, or a public Panopto link has been provided) that Data Protection Officer must be informed immediately using the following email address: elizabeth.bell@stmarys.ac.uk.

10.10  Examples of personal data being shared could include one or a combination of the following: name, location data and reference to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

10.11  Examples of data breaches could be but are not limited to:

a)     Not informing students beforehand about the lecture being recorded

b)     Using the recordings, without consent, for purposes other than the original intended purpose

c)     Where there is likely to be a significant contribution or presentation by another party, for example an HPA, not obtaining a signed consent form for that party prior to the recording

d)   Discussing a confidential health or family issue, and that discussion is accidentally recorded because the student’s tutor has not yet stopped the recording. (In this case the recording must be edited to remove the private discussion before it is made available to students via Moodle.)

e)    Capturing of sensitive personal data. To avoid recording sensitive data on lecture capture a recording can be paused.

f)      If the recording is not secure, is downloadable rather than streamable, leaking it on to a public forum etc.

g)    For recordings made whilst ‘out in the field’ (for example a sporting activity) consent

should be obtained for each recording.

12.  Security and Access

12.1 All TLC recordings will only be made available via University approved VLEs in order that access is limited to the correct St Mary’s staff and students.

12.2 It is essential that staff correctly file TLC content within Panopto in order that security and access is maintained.

12.3  Any TLC content recorded outside of the Panopto Recorder app (i.e. via Zoom, MS Teams and etc) must be uploaded and correctly filed within Panopto, before dissemination via University approved VLEs.

12.4  Misuse of recordings will be treated as misconduct and will be handled through the appropriate disciplinary processes for staff and students.

13.1 Staff and student access to, and use of Panopto will be tracked to gather data on how often the platform and TLC content has been used. This includes the identification of usage statistics, viewing habits and trends. No personal data will be included in TLC usage reports.

13.2 All SMU module owners can evaluate engagement with TLC content via the Module Review Power BI dashboard.

13.3 TLC usage data may be submitted as part of impact evaluation to the Office for Students (OfS) as part of Teaching Excellence Framework (TEF). No personal data will be included in TLC usage reports. 

APPENDIX

RECORDING NOTICE

The following notice will be displayed in all teaching and learning spaces:

The activities in this space may be recorded by St Mary’s and others acting with the University’s consent. Recording is to be conducted in accordance with the University’s Policy on Lecture Capture (See above) and in performance of the University’s public task (providing education services). Please read the Policy for further background information relating to your rights. If you have any concerns relating to the recording, please contact the University’s Data Protection Officer Elizabeth.bell@stmarys.ac.uk.

You may not record the above activity yourself without obtaining the consent of the lecturer.

Teaching and Learning Capture (TLC) Consent form

The following form will be created as a Microsoft Form to capture and record consent from staff, students, guest lecturers and affiliates:

This form seeks consent for the University to record contributions to a lecture, seminar, training session, other event or activity (whether still image and/or audio or visual recording format) (the “Recording”). The Recording will be used for the advancement of teaching, research and education (the “Purpose”) in the normal course of the University’s business. This is the legal basis on which the University will process any personal data provided pursuant to the Recording. St Mary’s University, Twickenham (“St Mary’s) in turn offers a commitment to use the recording appropriately for the Purpose and specified Use(s) (set out below). The Recording will be subsequently stored in Panopto and published via the Virtual Learning Environment (VLE) and/or where appropriate, the Internet and similar communication channels.

Please read the Form carefully before giving the following licences and consent:

1. I grant a non-exclusive, royalty free licence to record my performance and materials,
which may include clinical images, in the Recording for the Purpose to St Mary’s.

2. I grant a non-exclusive, royalty free licence to St Mary’s to make the Recording additionally available for following use (“Use(s)”), and where necessary give consent to any of my Special category personal data* being processed for these purposes whether inside or outside of the EU: (please tick as appropriate) ❑ external use by the University (e.g. University’s website, YouTube, staff blogs or online open courses); ❑ for promotional use (e.g. marketing, publications or external communications).

3. I confirm that I am legally entitled to grant the above licences. If my employer(s) has/have rights to the content within the recording, I confirm that I have received permission to make the contributions on the behalf of my employer or that my employer has waived such rights for the contributions to the recording.

4. I confirm where material or content is not my intellectual property including copyright (e.g. images, videos or other works) that: the intended use of the material is covered by a statutory exception (such as fair dealing for the purposes of criticism or review); or I have a licence or written permission from the owner to include the material or content in my contribution to the Recording.

5. I waive my performers and related remuneration rights in my performance as a performer (with performers’ rights as applicable).

6. I consent to the University editing the Recording appropriately whilst respecting the integrity of my performance and associating my name with the Recording where possible and appropriate.

7. I understand that my personal data will be processed for the recording, subsequent use, subsequent publication and storage of the Recording in the University’s electronic systems and Panopto for the Purpose and the Use(s) (indicated above as applicable). I also understand that the Recording may be accessed from outside the European Economic Area.

8. Recordings will be available to students via the VLE until their IT access is terminated (30 days after Programme completion). Learning and Teaching recorded content will be archived in Panopto following one year of no views, and permanently deleted eight years after creation date.

SIGNED                                                                          DATE                               FULL NAME                                                                                                                         E‐MAIL ADDRESS                                                                                  NAME OF ORGANISATION (EMPLOYER)                                                                        EVENT & DATE                                                                                                                      

*Special category personal data includes data about an individual’s race; ethnic origin; politics; religion; trade union membership; genetics; biometrics (where used for ID purposes); health; sex life; or sexual orientation.

Name of document	Last updated	Signatory
St Mary’s TLC Policy, Version 1	9.11.2023	Adam Longcroft
Full content review by Bing Choong, Paul Stapley, Clare Saunders, Julia Brennan, SU President, Claire Mcloughlin,
St Mary’s TLC Policy, Version 2	23.11.2023	Adam Longcroft
St Mary’s TLC Policy, Version 3	19.12.2023	Paul Stapley
Full Content review by Bing Choong, Simon Finley, Specific content review: HR – Lisa Bath (4.4, 4.5, 12.4 agreed 17.01.2024)