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’s 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. “Third party” 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.