Capturing the Uncapturable: The Relationship between Universities and Copyright through the Lens of the Audio-Visual Lecture Capture Policies

Abstract

The COVID-19 pandemic has consolidated a double move. On the one hand, universities are becoming increasingly aware of the strategic value of copyright. On the other hand, the necessity to embrace distance education is making universities realise that there is a wealth of issues that go beyond ownership of research outputs and reprography rights. Understanding the role of universities as copyright subjects today requires understanding the rise of the ‘platformisation’ of learning, which this chapter does by analysing the audio-visual lecture capture policies of the largest universities in the United Kingdom, Ireland, Italy and France. The rules on lecture capture represent a meaningful entry point to investigate strengths and weaknesses of the universities’ approach to the creation and use of protected content online. Through this lens, it is possible to reflect on both the underlying exacerbated power imbalance between universities and teachers, and the diverging approach towards copyright law across the European higher education landscape. First, the chapter considers whether the selected universities had a specific policy on lecture capture, and, if so, what it covered, and where the default rule sat in the continuum between opt-out and opt-in. Then, it investigates issues of ownership of the lecture recordings, including the incorporated slides and other materials as well as the performance rights. Ownership rules significantly affect who can exploit the recordings and under which conditions, thus raising delicate and timely questions on the management and commercialisation of recorded lectures, the protection of moral rights and the retention of economic ones. Despite stark differences between the selected countries’ approach, the clear trend towards an increased expectation that teachers have to record their lectures epitomises the digital dispossession that is inherent to the platformisation of education. Nonetheless, the oft-forgotten rights in performances can still play a role in pursuing a fairer balance between the competing interests at play.