Members have expressed concerns regarding the recording of lectures by the University.

This is a complex area in law and there is very little case law. Therefore, we cannot give a definitive answer. There are several questions to consider:

1. Who owns the intellectual property (IP) rights to the lecture?
2. Does recording of lectures breach the IP rights of those whose material is used to create the lecture?
3. How are confidentiality issues covered e.g. when patient or personal case information is shared by teacher or students?
4. If recordings are re-used, are there any risks that they will be outdated? Will the academic retain control over re-use?

Ownership of IP

Swansea University’s policy states:

SWANSEA UNIVERSITY’S POLICY ON INTELLECTUAL PROPERTY

The Creator shall own the copyright in teaching materials, academic and other publications (books, articles etc), theses and dissertations, lesson plans and learning modules except where they are comprised of original computer software, details of an invention or other commercially exploitable information or know-how not in the public domain, or when the materials have been specifically commissioned by the University or in circumstances where Clause 6 is applicable and the University is contractually required to own the copyright. Available here (top result)

Performers’ rights over recorded lectures are likely vested in staff

However, copyright of material produced in the course of employment can be claimed by employers.

Risks of transferring material from traditional teaching to online sources

Creation of original ‘material’ creates IP rights but the extent of these rights is a hugely complicated area, often due to differing national and international laws and also the matter of whether any agreements/permissions (for use of materials by others) are in place. This has been commonly acknowledged e.g. Intellectual Property Rights (IPR) is a generic term that relates to … claims for ‘ownership’ of a resource – whether registered or unregistered. Issues around ownership, trust, provenance, attribution and risk are all aspects of IPR that can present significant barriers to open sharing or release of learning materials. (See link)

Librarians should be able to advise on commonly available agreements in place relating to sharing academic materials, and guidance is available

Recording may give rise to copyright, quality and confidentiality issues: lecture content may contain information on patients or personal cases; students may ask questions about individual cases which they would not wish to share outside their peer group; slides may contain images which are copied for single use in teaching e.g. data from someone else’s research paper (this is fine to show in a lecture, but not to transfer onto another platform); content will date. The author should at least check that material is not outdated before anything is re-released. If the author is not available, then re-using the lecture will lead to quality issues.

Swansea University lecture recording policy is available:

It states:

Swansea University expects staff and students to comply with all applicable UK & European copyright legislation. Staff should ensure they have the appropriate copyright clearance for any material covered within the recording. Further advice is available via openaccess@swansea.ac.uk and guidance and training materials can be found on the SALT website.

This places the onus on individual academics to check everything said or used on slides in a recorded lecture and online materials. Many academics are not experts in the extremely complicated area of IP. UCU would like the University to take full responsibility for any breaches of IP law which may result from the use of lecture recordings, as it would be totally unreasonable of management to expect staff to become IP experts in this extremely complicated area.

Preamble

Over the course of the spring and summer, SU UCU reps have been following a twin strategy:

1. To enable the university to recruit and retain students to protect jobs and employment;
2. To ensure that any return to on campus teaching must place the health and safety of members as the highest priority.

The ability to offer students an ‘on campus experience’ was deemed necessary for student recruitment and we accepted the need for that. But we are clear that such an experience should not come at the expense of the health, safety, and wellbeing of our members.

In recent weeks, UCU UK national office has advocated that all teaching should be online except where it is essential for there to be face-to-face teaching.

UCU committee notes that rates of Covid-19 are increasing and that this reinforces our view that health and safety must always take priority.

UCU committee has worked with the university over the summer to do what we can to ensure that all teaching spaces are safe but we accept that there can be no 100% guarantees about this.

Members have a range of views on what is deemed to be essential for on campus teaching and an array of attitudes to what is acceptable in terms of personal risk.

Advice to members – before returning to campus

Before commencing any teaching, members should have received the risk assessment for their work area. If you do not have it, ask your line manager or Head of College. Do not teach until you have seen it and understand its requirements.

Before return to campus all members should have completed the online course and return to work checklist. If you are in a high-risk category you should work from home if possible. In addition to discussing your situation with Occupational Health we would advise obtaining the opinion of your own GP.

If you are not in a high-risk category but still feel unable to return to campus due to anxiety or other reason, you should obtain an opinion from your own GP that you should work from home. If you are refused permission to work from home, please ask for advice from UCU.

Advice to members – on campus

Only teaching that is ‘essential’ should be done on campus. However, what is or is not essential is open to interpretation. In the first instance have a conversation with your line manager/Head of College about this if you are worried about returning to campus. If you cannot find an agreement, please contact UCU.

All teaching rooms should always be safe in in accordance with the risk assessment (e.g. 2 metre social distancing, thorough cleaning, adequate ventilation, and provision of wipes for additional cleaning of equipment etc). If you find that your teaching room is unsafe for any reason, do not teach but immediately inform your College so it can be made safe. Please also let UCU know so that we can monitor the situation.

It is not the responsibility of teaching staff to ensure that students follow health and safety protocols, but we would encourage members to request that students do follow those protocols.

If you see or witness any unsafe practice, please report it immediately to the College or University and inform UCU.

Swansea University UCU contact details: ucucommittee@swansea.ac.uk

UCU calls on employers to consider the unequal impact of Covid-19 and those who are at increased risk of contracting covid-19 and suffering poorer outcomes (i.e. underlying health conditions, older age, pregnancy, BAME groups, and men) ^[1]. Members who are or might be pregnant are advised to review the guidelines of the Royal College of Obstetricians and Gynaecologists ^[2] and a recent systematic review ^[3]. Current evidence ^[2,3] suggests an increase in preterm birth rates to ~20%. (Prevalence of preterm birth is ~ 5-6% in Wales). The additional risks of even late preterm birth (34-36 weeks) are important ^[4].

1.       https://www.ucu.org.uk/media/10960/HE-workplace-return-negotiating-guidance/pdf/ucu_covid-19_he-return-branch-advice2.pdf?utm_source=Lyris&utm_medium=email&utm_campaign=reps&utm_term=broff-he&utm_content=UCU+branch+update:+e-ballot+on+UCEA+offer+and+health+and+safety+briefing

2.       https://www.rcog.org.uk/en/guidelines-research-services/guidelines/coronavirus-pregnancy/covid-19-virus-infection-and-pregnancy/

3.      Khalil A et al SARS-CoV-2 infection in pregnancy. EClinical Medicine 2020 July   https://doi.org/10.1016/j.eclinm.2020.100446

4.      Platt MJ. Outcomes in preterm infants. Public Health. 2014 May;128[5]:399-403. doi: 10.1016/j.puhe.2014.03.010. Epub 2014 May 1. Review. PubMed PMID: 24794180.

Staff welfare, a lower priority than student welfare?

Covid-19 has seriously disrupted the way Higher Education Institutions operate.  The most obvious impact has been on the way staff and students interact, and the shift to online teaching, assessment, and individual and group engagements.  Understandably the University has sought to minimise any adverse impact on students from these changes. Inevitably given the nature of our sector, it is staff who are the key to supporting students and helping to ensure their welfare during the pandemic.  This has placed enormous strain on colleagues at a time when all of us are facing daily challenges in our personal and family lives.  All the more disappointing then that the University has thus far shown little empathy for the plight of its workforce.  While fine words are plentiful, there is a failure to recognise that staff are not an inexhaustible resource to be pushed to the maximum without regard for the consequences. 

When it comes to our dealings with students, we are told – through almost daily updates to already overflowing email inboxes – to inform students, contact students, invite students to get in touch, etc.  And all this while adapting to a host of new working practices, and frankly, trying not to lose it altogether!

Given the pandemic, UCU accepts that not all issues were capable of being addressed immediately and evenly.  But it is now eight weeks since lockdown and there still appears to be an assumption that the welfare of students is the only priority, and that staff will perform their duties in a kind of robotic way – somehow insulated from the effects of the crisis.  There seems to be little regard for the pressures of childcare or other caring duties or the sheer mental strain of coping with lockdown while working.  While we appreciate the VC’s frankness about uncertainty over the future of sector and our institution, this also serves to exacerbate the stress for many staff. 

Provision of adequate equipment

So far, the University has not revealed any plan for issuing staff members with appropriate electronic equipment.  While there is a lot of talk about students not having access to adequate internet connection speeds and computers, staff are expected to use their own computers, printers, etc.  We are concerned about all staff, but in particular, colleagues who following a workplace assessment have not been provided with appropriate equipment to meet their physical needs (ergonomic keyboards, suitable chairs etc.).  Not enough consideration has been given to the health and safety consequences of moving to home-working.  Given that electronic marking has increased hugely during the lockdown the UCU would want serious consideration to be given to how to manage this change from a health and safety perspective. 

Inflexibility about turn-around of assessed work

The University has now moved the vast majority of assessments online.  It appears that despite the increased burden this places on staff, and the lack of a proper H&S assessment of this change, it is still expected that  marking will be completed within 3 weeks.  In some Colleges we are informed that attempts are being made to shorten even this unrealistic timescale.  This is unacceptable and staff welfare must come first here, taking precedence over students’ interest in receiving their mark within the normal timeframe.

Our advice to all staff who have marking responsibilities is that you should be conscious of your health and wellbeing while marking.  Take breaks, do not over-exert yourself.  You need to determine how many assessments you can comfortably mark in a set period.  You should not strive to meet deadlines at the expense of your health or wellbeing.

If you feel you may be penalised for not meeting a marking deadline contact us immediately.  We will have no hesitation in raising the matter with the University on your behalf. 

All the above are issues that UCU has raised with senior management, and we will continue to do so until we are satisfied with the response.  More broadly we will press senior management to pay closer attention to the welfare of staff as we emerge from lockdown.

We would also like to draw your attention to our current survey of staff workload, collected just prior to the pandemic: Administrative Burden on Academics

Swansea UCU members have received a message (20/4/20) from Swansea University Registrar, Andrew Rhodes, which states: ‘It has been agreed with Trade Union colleagues that key principles will apply when booking annual leave.’

Although the Registrar’s message states that these principles were ‘agreed with Trade Union colleagues’, the Swansea UCU committee wishes to clarify that no agreement was reached on one of these principles, the one stating: “Where it is not reasonably practicable for an individual to take their leave, line managers can agree carry-over of up to 5 days in line with current process.’

As an alternative, the Committee proposed that the University take an approach in line with that set out by the government in the recent Working Time (Coronavirus) (Amendment) Regulations. The Regulations, which apply to all organisations and all workers and not only those considered ‘essential’, provide that where it is not reasonably practicable for a worker to take the statutory holiday to which they are entitled, they have a right to ‘carry up to 4 weeks of statutory leave into the next 2 leave years’.

This was proposed as it was felt that limiting carry-over to 5 days would (i) seem unnecessary in the light of the flexibility which the Regulations are attempting to introduce (ii) allow workers to enjoy more effective periods of leave and (iii) provide acknowledgement that, due to the diverse nature of University work, a ‘one-size fits all’ approach was unlikely to be the most effective.  It would also, of course, demonstrate the University’s support for the ‘spirit’ of the government Regulation.

At a time when so many staff are working from home for the first time and experiencing a new way of working, in addition to the stresses resulting from health worries, closed schools and uncertainty over the future to name but a few, Swansea UCU felt sure that staff would approve of the suggested approach to time off.

On 10^th April 2020, Universities UK sent proposals to the Government (see https://universitiesuk.ac.uk/news/Documents/uuk_achieving-stability-higher-education-april-2020.pdf), highlighting concerns that they have regarding the impact of COVID-19 on the state of the UK’s universities, and recommending action by Ministers to support the university sector. Critical within the proposals offered by Universities UK (UUK) are:

• An acknowledgement that universities generate more than £95 Billion for the UK economy, 940,000 full-time equivalent jobs, increase social mobility, drive innovation and research, contribute to the UK’s world standing and play a role in the lives of local communities and businesses
• A fear that COVID-19 will negatively impact the ability of UK universities to continue providing the benefits that they do to society
• A recognition that universities are pro-active players in the fight against COVID-19 through scientific endeavour, sharing of assets and support for local communities
• A need for central Government to invest in universities to secure their continuing work

UUK suggest that, within the 2019/2020 academic year, across the UK, universities will lose around c£790 million of income (through, for instance, accommodation and catering). This financial prediction is worsened by a projection that, in 2020/2021, there will be a significant fall in the number of international students and a rise in home student deferrals. The implications for HE institutions are potentially grave and could result in: some research activities ceasing (due to funding restrictions); leading academics leaving UK universities; and increased competition across the UK sector (which could itself damage some institutions).

In terms of social impact, without adequate funding, the capacity of universities to positively influence skills building and social mobility (especially amongst groups who are less likely to attend HE) may be limited. Additionally, damage could be caused to the UK’s HE reputation (both in terms of teaching and research), and also there might be shortages of specific graduate-level skilled workers, and even the failure of certain institutions (which, of course, has effects on local economies and job markets).

To avoid these catastrophic outcomes, UUK has proposed that the government should take appropriate action:

1. To mitigate the impact on the strength, capacity and quality of the research base
2. To provide stability to UK students entering HE in 2020/2021
3. To mitigate the impact on the supply of highly skilled employees across all areas of the UK (including public services) and preserve student choice
4. To maximise value to the taxpayer and meet the needs of the economy
5. To address losses in income and cash flow
6. To mitigate the impact on international student recruitment

UUK’s proposals are far reaching and would necessarily require action by HM Treasury, the Departments for Education and Business and the relevant Departments of devolved administrations. At this challenging time, what UUK reasonably suggest is that a co-ordinated UK plan is needed to enable universities in England, Wales, Scotland, and Northern Ireland to recover and flourish in the future. Of course, it remains to be seen whether Government accepts these proposals and, if so, how it will manage the ‘devil in the detail’, which could be so critical to the future survival, shape and mission of the UK’s universities.

Members have contacted us for advice on various issues associated with working from home. As a result we have been in contact with the University and can supply the following guidelines during the current emergency:

1.  The University has confirmed that it recognises the challenges introduced by the need to care at home for children and/or other family members under current restrictions while working from home.

2.  It is therefore asking staff to focus on task completion and developing home-working patterns which enable them to manage family and work responsibilities rather than strict timekeeping.

3.  It follows from this that departments/Colleges should adopt a flexible approach and not, for example, request that staff supply time sheets when this is not part of its normal practice.

4.  Everyone’s contract will be honoured regardless if they can only work less than their normal hours, but staff should do their best to work as productively as current conditions allow.

5.  The University is responsible for supplying and maintaining any extra equipment/facilities necessary for working, including working from home. Supplying may include providing a full size keyboard and mouse to replace the standard laptop facilities; maintaining includes provision of consumables for your own printer, for example. You are strongly advised to seek permission prior to incurring any additional expenses for home working. That includes any excess internet usage (noting that work usage could tip you over the edge on your normal contract usage, so you are advised to check your contract), printer ink, etc. UCU is also asking the University that arrangements be put in place for key equipment to be ordered for staff for home delivery. 

UCU will circulate any further advice as it becomes available.

Stay safe.

Swansea UCU Committee