The fact that a student or parent may record a lesson conducted by a teacher is regulated by the Act of 4 February 1994 on Copyright and Related Rights. Such a recording may not be distributed. If you want to listen to the lesson again, for example to master the topic better, this is entirely legal and does not violate any law.

Recently, school representatives have been sending parents information about a ban on recording and distributing the teacher’s image and voice. So let us explain once again: distribution violates copyright, while recording is legal and lawful.

Some teachers also take the liberty of informing parents about a legal ban on third parties attending online lessons, which misleads parents. There are no grounds for legally prohibiting parents from listening in on lessons conducted by teachers. Naturally, one should not disturb such a lesson or participate in it, for example by joining the conversation, but that is all. Listening to a good lesson will not harm anyone, and the teacher can thereby demonstrate their professionalism.

We are curious about your opinion on this subject and what information you received from schools about recording teachers during lessons.

Below is information from portaloswiatowy.pl

Question: Does a parent have the right to record a lesson conducted remotely by a teacher without the teacher’s consent and knowledge?

Answer: Yes, but distributing a recording of a remote lesson may constitute an infringement of the teacher’s right to their image if they did not consent to such action.

Lessons may be recorded.

Recording a lesson should not be considered impermissible if the material is used exclusively for the student’s personal use, for example to review the material covered by the teacher. Such personal use of the recording does not infringe the teacher’s right to protection of their image or other personal rights. The recording serves to achieve the purposes for which lessons are conducted using means and techniques of distance communication, namely implementation of the core curriculum.

Distribution only with the teacher’s consent

However, distributing such a recording without the teacher’s consent is not permitted. Distribution of an image requires the permission of the person depicted in it. Importantly, in legal terms, the teacher’s voice is also considered their image. Therefore, even an audio recording, without showing the teacher’s image, for example in the form of a podcast, may be distributed only with their consent.

Michał Łyszczarz