Faculty of Law Recording Policy for 2021-22

This policy has been drafted in the light of the University’s Policy on Recordings of Teaching Materials/Lectures, and other Teaching, Learning and Assessment Activities. It was approved by the Faculty Officers and Taught Programme Directors in August 2021 under vacation powers granted to them by the Faculty Board. The following should be read in conjunction with the University’s policy.

Consent

Non-interactive teaching

For the purpose of this policy, non-interactive teaching concerns forms of teaching in relation to which there is no expectation of, or requirement for, student participation. As such, it is anticipated that non-interactive teaching will include all pre-recorded online lectures as well as live online and in-person lectures in which student participation is not expected or required.

Student consent is not generally required in relation to the recording of non-interactive teaching; for the avoidance of doubt, this includes in-person non-interactive teaching. If, however, a non-interactive teaching session involves incidental student participation (eg if a student is permitted to ask a question or offer a comment during an in-person lecture that is being recorded), the lecturer should proceed as set out in paragraph 2.4 of the University’s policy. Where, in line with paragraph 2.4 of that policy, it is necessary for the lecturer to make a note of consent, that note should be sent, after the teaching session, to the Academic Secretary so that a central record of such consents can be maintained.

Interactive teaching

For the purpose of this policy, interactive teaching concerns forms of teaching in relation to which there is an expectation of, or requirement for, student participation in order to meet the learning objectives of the session. As such, interactive teaching includes Part II seminars, Tripos subjects that are taught in a participative way (eg Aspects of Obligations and any half papers that are taught discursively rather than simply through lectures), Model A LLM classes in which lecture-style content and discussion are combined, Model B LLM structured discussion classes, LLM workshops and MCL classes in which lecture-style content and discussion are combined. In line with paragraph 3.2 of the University’s policy, consent from all participants is required in order for interactive teaching to be recorded.

The following process will be adopted in relation to interactive teaching:

• The Academic Secretary will email all students at the beginning of the academic year (and prior to the commencement of Faculty teaching) advising them of this Policy and drawing their attention to the guidance for students that is available on the University website.
• The email will explain that they do not have to give consent to recordings being made, and they may indicate that they do not give consent by writing to the Academic Secretary at least 48 hours before the relevant interactive teaching session begins. The Academic Secretary will inform lecturers if anyone in their class does not provide consent.
• Students will be informed that they may withdraw consent to any recording at any time by writing to the Academic Secretary. The Academic Secretary will inform lecturers of withdrawals of consent.
• Provided that no advance notice is given that a student or lecturer does not consent to a recording being made, at the beginning of each interactive teaching session that is to be recorded, lecturers will check that consent has been given by either asking students whether anyone does not consent to a recording being given or asking for a show of hands of those who consent.
• Lecturers should maintain a written or electronic record in order to confirm that this process has been followed in relation to each interactive teaching session that has been recorded.

Lecturers

The consent of lecturers is also required if recordings are to be made. Most lecturers will have completed a consent form prior to the beginning of the 2020-21 academic year. Those consent forms will stand for 2021-22 unless consent is withdrawn by writing to the Academic Secretary. Lectures who did not complete a consent form in 2020-21 and who expect to give any forms of Faculty teaching that will be recorded should submit a completed form to the Academic Secretary by 31 August 2021. Consent forms are available on the Education Quality and Policy Office’s website.

Recording

Recording by default

The following forms of teaching will be recorded by default:

• Pre-recorded Tripos lectures
• Live online Tripos lectures
• In-person Tripos lectures
• Pre-recorded Model B LLM lectures

For this purpose, ‘Tripos lectures’ includes all lectures in full papers other than Aspects of Obligations and any half paper classes that are not taught in an interactive style such that there is no expectation of student participation.

Optional recording

The following forms of teaching may be recorded if the lecturer wishes, if all members of the class agree and provide consent, and if (in the case of in-person teaching) suitable recording facilities are available in the relevant teaching room:

• Half paper classes that are taught in an interactive style such that there is an expectation of student participation.
• Part II seminar sessions that are lecturer-led (as distinct from sessions, eg work-in-progress sessions, that involve substantial student participation)
• Model A LLM classes
• Model B LLM structured discussion classes
• MCL classes

Depending on the nature of the class and the content and sensitivity of the material under consideration, it may not be appropriate for a recording to be made. This may, for instance, mean that lecturers choose (subject to consent) to record some but not all of their interactive classes. Lecturers who plan to record on an optional basis should consult with the Faculty IT team as soon as possible, in order to clarify whether suitable recording facilities are available in the allocated teaching room.

In order to ensure free and uninhibited discussion and learning experiences, other forms of Faculty teaching, including LLM workshops and Part II seminars that involve substantial student participation, will not normally be recorded.

Recording by individual students

Unless a student has a DRC agreement, students are not permitted to make their own recordings: only the lecturer may record teaching sessions.

In respect of teaching sessions that would not otherwise be recorded, students with DRC agreement may record such teaching sessions using their own equipment, provided that (i) they comply with the terms of their DRC agreement; (ii) they inform the lecturer of the need to record the teaching session at least 24 hours in advance; and (iii) consent, where required, has been given by the class and the lecturer to the recording being made. (Where relevant, consent should be sought by the lecturer at the beginning of the session in the manner described above.)

Limits on student use of recordings

Students are prohibited from copying and distributing recordings, including by sharing links to the recordings with any individual who is not a member of the relevant teaching session.

Availability of recordings

Recordings of teaching sessions will normally be available to students for the duration of the 2021-22 academic year. However, recordings will be taken down if any necessary consent is withdrawn. This includes the lecturer’s consent. In this regard, the Faculty Board, in October 2020, noted that paragraph 2.5 of the University’s policy provides as follows:

In the first instance, recordings of lectures/teaching materials associated with specific modules or courses of study are made available for use by the cohort of students, or individuals within the cohort, for which the recordings are prepared. Use in other modules/course sections or otherwise is at the discretion of the staff member who prepared the material, and other participants in the recording, if applicable. Individual Faculty Boards may set limits on the reuse of material within the courses for which they hold responsibility.

The Board understood paragraph 2.5 to be an undertaking by the University as to the extent to and circumstances in which it will exploit the perpetual licence that is referred in Regulation 30 of the University’s IP Policy (which is set out in Statutes & Ordinances). The Board further understood paragraph 2.5 to enable Faculty Boards to set limits on the reuse of material that exceed those limits referred to in paragraph 2.5 itself. The Board also noted that the University’s template consent forms for University staff and external lecturers provide that lecturers’ consent to the processing of personal data collected within a lecture recording, such as the lecturer’s image, voice and opinions, ‘can be withdrawn at any time, leading to the recording being withdrawn from use in University teaching’; the University’s FAQs webpage clarifies that this arrangement is relevant to participation in industrial action.

Against this background, the Faculty Board agreed to adopt the following position concerning lecture recordings and teaching material in respect of courses for which the Board holds responsibility:

• Recordings of lectures and interactive teaching (‘recordings’) and teaching materials will not be used by the Faculty of Law other than for the course or courses for which the recordings or materials were created unless the person responsible for creating the relevant recording or teaching materials (‘the lecturer’) expressly consents to such use.
• Recordings and teaching materials will not be made available to students or otherwise used by the Faculty of Law in any academic year other than the academic year for which the recording or materials were created unless the lecturer expressly consents to such reuse.
• The Faculty of Law will withdraw recordings from use in University teaching upon being notified by the lecturer that they have withdrawn consent (whether in the context of industrial action or otherwise) for the use in University teaching of the relevant recording. Should consent be withdrawn in this way, the Faculty would subsequently reinstate such recordings for use in University teaching only if the person concerned subsequently reinstated their consent.