Zoom is an interactive classroom resource – its recording function can be used only for University-sanctioned online interactive activities. Zoom is to not be used as a tool to circumvent the University’s Copyright and/or Intellectual Property policies. As a registered user of Zoom, you agree to abide by certain Terms of Service. These terms require that you not use the “services” in any manner that would violate applicable laws requiring consent of subjects of audio and video recordings, and that you agree to not use the Services to communicate any material that would violate the intellectual property rights of any party. To ensure compliance with Zoom’s Terms of Service, and the policies and standards set forth by Saint Joseph’s University to prevent violations of state and federal regulations regarding Copyright, Privacy Rights, Intellectual Property Rights, and Accessibility, the University has established these Terms of Use for Zoom.
Participant Notice and the Option to Not Be Recorded
1.Syllabus Statement
Participants should be notified via the class syllabus that they may be recorded during synchronous sessions. This should be implemented by adding a statement of notification in the syllabus. Please provide the following statement in your syllabus:
In this class, software will be used to record live class discussions. As a student in this class, your participation in live class discussions will be recorded. Prior to entering the session, you will receive notification that consent is required to attend the session. Students who agree to participate will have the opportunity to modify the session’s setting- turn the microphone off; turn the video off; etc. Students who choose to not participate in the recorded session, will exit the session and should notify the instructor of this decision. These students should discuss other options, absence participation in the session, with the instructor. The instructor will provide a reasonably equivalent learning experience.
For sessions recorded with the intent to be used in the future, outside the particular classroom term, students must provide written consent to said sharing prior to the start of the recorded session.
2. The Option to Not Be Recorded During the Session
Participants must be given the opportunity to opt out of the recording- audio, video, or both. If an individual does opt out of a session then a reasonably equivalent learning experience should be provided for them by the relevant instructor.
3. Student Consent For Videos to be Used at a Later Date
Information regarding details on the use of the recording, storage of said recording, and duration of the stored recording can be provided by the Technology Service Center (TSC). A copy of the consent form can be downloaded from TeamDyamix.
Consent for Recording
State and local privacy or wiretapping laws prevent recordings without notice and consent by all parties involved in the discussion. Pennsylvania’s wiretapping law is a “two party consent” law. PA makes it a crime to record a conversation unless all parties to the conversation consent. (See, 18 Pa. Cons. Stat. § 5703)
The following message will appear when joining a session that is being recorded or if a recording is started during a session,
By clicking Continue, the student is providing consent to be recorded. If the student clicks Leave Meeting, he or she will exit the session. Students who choose to not participate will need to work with the instructor to determine a reasonably equivalent learning experience. This, for example, could be the student reviewing the video recording after the session has ended.
Use of Copyright-Protected Materials
If you or your participants are sharing content that you do not have copyright permissions to distribute the session may not be recorded. This applies to a range of copyright-protected media, including articles, digital images, video, audio recordings, musical scores, etc. Recording and distributing a session without permission from the copyright owners, is a violation of the copyright owner's exclusive rights. Reproducing copyrighted material without permission may lead to serious civil and criminal penalties.
Captioning Video Recordings
Videos for In-Class Use Only:
For videos that are recorded for the purpose of sharing only with those students in the classroom, for a limited duration (the term of the course), and there are no requests for an accommodation for closed captioning, there is no legal requirement that these videos be closed captioned.
Videos that May be Shared Outside the Classroom:
Any session that is recorded and shared later, outside of the class and term (e.g, Guest Lecturer), will have to be closed captioned. It is strongly recommended that these videos be closed captioned soon after the recording.
Videos Recorded with the Intent of Future Use:
If videos are to be recorded and shared out at a later time, these videos must be accessible to all students prior to placing the video in the Learning Management System (LMS). Failure to abide by Federal Regulations and the Americans with Disabilities Act may lead to civil penalties.