Class Recordings

The information provided below details student rights and faculty responsibilities when sharing audio/visual educational content to ensure student privacy. These guidelines should be used for educational purposes only and not for personal or external commercial purposes.

If a recording includes a student in class and the student is identifiable either by voice or image, then the recording is considered a part of the student鈥檚 educational record and is protected by FERPA. FERPA applies to all such recordings, regardless of where the recording is gathered or the mode of instruction. FERPA also protects records of voluntary or optional seminars hosted by campus departments such as guest lecture series where students are present, identify themselves and participate in the lectures.  

If a student is identifiable within the recording, FERPA requires written and signed consent by the student before disclosure to third parties. 鈥淭hird party鈥 in this context is any individual not enrolled in the same course and those who are not contracted to help with class instruction. For example, teaching assistants or student assistants are employed to support instruction. In contrast, a guest lecturer may not be contracted through CU Boulder and may be considered a third party. Instructors may, however, share recordings with students enrolled in the same course without requiring prior written consent.

If students are not identifiable within the recording, and the recording only contains the instructor and guest lecturer, it is not considered an educational record and does not require FERPA consent to release.

Depending on how and where the instructor intends to share the recordings, instructors should consult with their department chair first on intellectual property considerations.  

If you are thinking of creating a recording for educational purposes and sharing it with third parties please consider the following. 

Sharing recordings with students enrolled in the course Ensuring compliance when sharing records with third parties Collecting FERPA consent
Sharing recordings with students enrolled in the course
  • Provide notice to students of the recording in the syllabus and through a verbal announcement at the beginning of each recorded session.
  • Ensure storage and access to the recording is secure and limited to students enrolled in the same class by utilizing Canvas.
  • Delete the recording within a reasonable time after the class ends to prevent inadvertent disclosure or use.
  • Avoid recording students or omit them from your recordings. If the recording includes only the instructor, it is not a student education record and not subject to FERPA. You may do this by editing the recordings to de-identify students (which can include avoiding or removing any mention of the student鈥檚 name, blurring the student鈥檚 image, altering voice recordings, etc.). Recordings can also be planned so that students (such as those asking questions) are not shown in the video or referred to by name, and their voices altered.
  • Provide notice to students of the recording in the syllabus and through a verbal announcement at the beginning of each recorded session.
  • If you want to move forward with sharing recordings with a third party and student participation included, instructors must collect consent for each enrolled student identifiable in any recordings shared with third parties. Consent must be collected prior to sharing any identifiable information with a third party. Before students provide consent, instructors should educate students on how and where the recording will be shared. If shared on a public platform, students should be informed how recordings may be used and distributed outside of the consented to third-parties.
  • Students are not required to provide consent in order to participate in class and should not be negatively impacted by opting out. Students who choose not to provide consent cannot be prevented from participating in class activities.
  • Instructors are responsible for updating and removing original content if a student later revokes their consent. If a student wishes to revoke their consent, they should email the Office of the Registrar and their instructor.
  • Consider the safety of the TAs and students as recordings are shared on different platforms. Omit the location or setting of the recording and consider waiting some time before posting recordings. 
  • If you鈥檙e creating a webpage, consider posting terms and conditions about how commenters may appropriately interact with your content.
  • Ensure guest lecturers understand that recordings are protected by FERPA and that this can impact how their interactions with students are recorded or shared. 

We strongly encourage instructors to consider omitting students from recordings. However, if an instructor has discussed sharing recordings with their department chair and considered all ramifications for the participants of recordings, instructors may contact the Office of the Registrar to begin this process.

Follow these steps to send an excel spreadsheet to the Office of the Registrar. Please note that we will send out the DocuSign envelope within 2鈥3 days of receipt.

  1. Go to your "Teaching Tools" tab in MyCUInfo.
  2. Select "Go to Faculty Center."
  3. Select "Change Term" to select the term for the class.
  4. Click the "Class Roster" button next to your class.
  5. There will be a button where you can download your entire class roster information.
  6. Click the "Contact Details" tab in the Class Roster.
  7. From the "Contact Details" tab, click the spreadsheet icon with a red arrow pointing down. When you download it, you may receive a warning message that the data could be corrupted. Click "Okay."
  8. Keep the following columns and delete the others:
    • ID
    • Name
    • Email Address
  9. Then create the spreadsheet for our office with these columns included:
    • Column A = Student ID
    • Column B = Student Name
    • Column C = Student email
    • Column D = Faculty Name
    • Column E = Faculty Email
    • Column F = Semester & year of course (ex: Spring 2023)
    • Column G = Subject (ex: ENGL)
    • Column H = Course Number (ex: 1001)
    • Column I = Class Section (ex: 001)
    • Column J = Course Title (Ex: Writing, Reading, Culture)
    • Column K = Purpose of Disclosure (This will be provided by the instructor and should briefly detail how the recordings will be used.)
  10. Once completed and saved, send the excel spreadsheet to the Office of the Registrar via Large File Transfer
  11. The Office of the Registrar will prepare the envelope in DocuSign and send out the FERPA consent form to each student in the class.
  12. You will receive a report of which students have completed the FERPA Consent form every week.
  13. The envelope will be available for 30 days and then expire. Students will receive a reminder every five days. After a student completes the FERPA consent form, it will automatically be saved into the student鈥檚 record.

Frequently asked questions

If instructors limit the access of recordings with only students enrolled in the course, written consent is not required. This allows instructors to create access for students to watch past class sessions.  

If instructors wants to share the recordings outside of classroom participants, then plan accordingly. Best practice is to omit students from recordings, both visually and audibly.

If the instructor wants to share recordings of students or their assignments the instructor must obtain prior written consent. Students are not required to provide consent as a requirement for their attendance in class.

Under FERPA, an instructor may share recordings with students enrolled in the same course, including sections of the same courses. Recordings from previous courses are to be treated as if the recordings were being shown to a third-party audience, which requires de-identification of any students depicted or written consent.  

Students cannot be compelled or required to give consent, though the instructor may omit students from recordings or de-identify when sharing audio/visual recordings with third parties. Students should not experience any negative impacts to their class standing as a result of not providing consent.

Faculty are permitted to have class policies prohibiting unauthorized recordings. CU Boulder鈥檚 Student Code of Conduct prohibits students from making unauthorized or illegal records. The storing, sharing, and/or distribution of such records by any means is also prohibited. Students found in violation of the Student Code of Conduct should be referred to the Office of Student Conduct and Conflict Resolution and may be subject to disciplinary action.

If a student is looking to record a lecture, students should reach out to Disability Services for more information on accommodations.

 

FERPA law applies only to educational records maintained by the university. While photos or recordings captured by students are not subject to FERPA, CU Boulder鈥檚 Student Code of Conduct prohibits students from making unauthorized or illegal records. The storing, sharing, and/or distribution of such records by any means is also prohibited. Students found in violation of the Student Code of Conduct should be referred to the Office of Student Conduct and Conflict Resolution and may be subject to disciplinary action.

If you are a campus staff member and you are recording a seminar, session or training that is outside of a formalized lecture or class, FERPA still applies. Make sure that you are informing students of their rights and presenting students with options before or as the seminar begins. Ensure that students are aware that their participation is optional and that they may de-identify themselves by not participating on camera  and changing their display name  . Be sure to notify students how and where their recording will be so used so that they can make an informed decision on providing consent. Departments should follow best practices to omit or de-identify or they must collect consent before sharing with third parties.