iTunes University Guidelines

Podcasts posted to Pacific University’s iTunes University site fall into two categories: restricted and public. Copyrighted material may be used under Fair Use in either restricted or public podcasts, but users creating public podcasts should take special care to ensure that their use of such material is truly fair. If there is any doubt, permission should be sought from the copyright holder(s).  For all podcasts:

  • The copyrighted materials used must come from a legally acquired source (not a pirated source).
  • Never use Fair Use to avoid paying for or licensing a product containing the media in question, especially digital media created (and marketed for) educational purposes.
  • If media is purchased for use in a podcast, be sure that the license allows for further online distribution.

 

Guidelines for restricted podcasts

These guidelines apply to podcasts created for specific courses. Materials posted must:

  • Be accessible only to students enrolled in the course.
  • Be removed or made inaccessible as soon as the course has ended.

If these criteria will not be met, please refer to the Guidelines for public podcasts.

 

Textual Material and Images (Photos, Graphics, etc):

For the appropriate type of material, follow the portion limitations outlined in these guidelines:

 

Audio/Motion Media:


If the material is an audio recording of a non-dramatic literary or musical work (e.g. a poetry/short story reading or a musical recording), any portion (up to the entire work) may be posted under the TEACH Act – a Fair Use consideration need not be made.

If the material is a) a recording of a dramatic work or b) any audiovisual work (e.g. a video clip or music video), follow these guidelines:

 

Safest Use

 

Portion Limitations:


a. Motion Media: Up to 10% or 3 minutes of a work, whichever is less.
b. Music video: up to 10%, but no more than 30 seconds

Other:

Include on the front page of the course a notice that certain materials are included under the fair use exemption of the U.S. Copyright Law, have been prepared according to the multimedia fair use guidelines, and are restricted from further use.

 

Questionable Use

 

For possible uses of copyrighted materials that exceed the limitations outlined above, please do the following:

  • Complete a Fair Use Checklist (.pdf) to determine if your use may still qualify as fair use.

 

Dangerous Use

 

Portion:


a. Motion Media: Embedding an entire film into a presentation.

b. Music Video: Embedding an music video into a presentation.

 

Guidelines for public podcasts                                                  

The Guidelines for restricted podcasts offer suggestions for fair and reasonable use of copyright materials. However, these suggestions are intended to be followed within the context of a limited educational audience.

To determine if your proposed use of copyrighted material in a public podcast could be considered Fair Use, fill out a Fair Use Checklist and adhere to these guidelines:

  • Use should be for criticism, news reporting, teaching or scholarship and research (not for commercial purposes).
  • Use must include a copyright notice (stating who owns the copyright). Images should have the copyright notice visible on the image itself (rather than in a prologue or credits section of a presentation).
  • The copy must be made from a legally acquired source (not a pirated source).
  • Never use Fair Use to avoid paying for or licensing a product containing the media in question, especially digital media created (and marketed for) educational purposes.
  • Fair Use does not apply to consumable works; for example, workbooks, standardized tests or quizzes, survey instruments, etc.

If you are still uncertain, contact the Copyright Help Desk.

 

Usage Guidelines A-Z

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