Academic Outreach and Innovation (AOI)-produced Media
- Distance Ed: Students are located in multiple physical spaces. May be located on multiple campuses, or individual sites (Global Campus students in homes, libraries, etc.). Can be either synchronous (video or web conference) or asynchronous.
- Online course space: An LMS course space (Bb Learn, Angel, etc.) utilized for DE or seated (on-campus) course.
- Fair Use: Fair use is the exception to the rule that no one may exercise the author’s or artist’s exclusive rights.
University Communications Fair Use Doctrine
- TEACH Act:
Specifically addresses some of the special copyright requirements of online distance learning courses. Specific criteria must be met to record or transmit based on this act.
Copyright Clearance Center TEACH Act (pdf)
- Media capture: WSU holds copyright on the recording, the faculty member holds the copyright on the educational materials and copyrightable content he or she created, which will usually be at least part of the content of the recording.
- May include:
- Lecture capture (Panopto)
- Video Conference recording (Zoom)
- Web Conference recording
- Zoom, Microsoft Teams (host can record and give recording permission to others in the conference)
- Videographer physically in a classroom with a camera
- May include:
- Media created for and within a physical classroom with no distance ed component (all students are present within the same physical space):
- According to copyright law, media captured in and created for a face-to-face course is generally within the framework of Fair Use. WSU preserves such recordings only for the current semester and class for which it was made. (This would include Lecture Capture, unless specifically created for a DE course). AOI will hold media 30 days past the end date of the course after which it will be deleted
- AOI does not provide recorded files directly to faculty as WSU’s copyright use analysis is based solely on specific use for which the recording was made. Additional uses may not be within the fair use permissions or TEACH Act basis upon which that analysis was based. AOI will assist the faculty in making files available to the appropriate audience.
- For Distant Ed courses
- Media created in order to deliver education to a distant population may fall within the framework of the TEACH Act exemptions (*see below) if all requirements of that law are met.
- Similarly, media created for a current face-to-face course and then requested to be used for a DE course frequently falls within the framework of the TEACH Act (*see below).
- Guest speakers being recorded must sign a waiver indicating we have their permission to post the recording in the online course space.
- Waivers will be available online and sent to requestors when recordings are scheduled. Waivers will include a clause as to copyright law and the presenter’s responsibility to ensure copyright compliance of all materials.
- Hard copies will be kept on file by the AOI appointed individual for the length of time consistent with the basis upon which AOI recorded the material.
- Faculty are responsible to forewarn students to potential use of the class session recording in a DE course and an effort made to avoid potential identification of a student in the recording. Strategies to avoid identifiable recordings of students in the class include:
- Careful filming to avoid capturing student faces (don’t film the audience, keep the camera on the faculty speaking).
- Post production to blur faces as necessary. This is resource intensive and may delay use of the recording.
- At the instructor’s request, a video conference recording, delivered to offsite students, could be archived for future use. The request must come prior to the last day of the course.
- Instructors are responsible for ensuring the materials they use and post in online course spaces (LMS) do not infringe others’ copyrights. This includes materials in presentations, lecture capture, video conference, and other recordings of either face-to-face or DE courses. Instructors creating mediated presentations that utilize other’s work should familiarize themselves with University Publishing Fair Use.
- AOI will, on request, provide guidance as to obtaining copyright-free images and other materials.
- When requested to post instructor created materials in Global Campus (GC) courses, AOI personnel will ask if there are specific items for which copyright clearance may be required. If an instructor indicates that media they’ve “created” (lecture capture, video stream, narrated PPT, video) has no copyright issues, the media can be posted for a distance education population.
- If they indicate specific copyright concerns, we will conduct the necessary research based on the TEACH ACT requirements – including ensuring the item is directly related to the point being made, and attributed correctly. As this research requires AOI resources, it may be necessary to limit the number of items researched for a specific course and term.
*TEACH ACT (distance ed courses only)
In order for the use of copyrighted materials in distance education to qualify for the TEACH exemptions, the following criteria must be met:
- The institution must be an accredited, non-profit educational institution.
- The use must be part of mediated instructional activities.
- The use must be limited to a specific number of students enrolled in a specific class.
- The use must either be for “live” or asynchronous class sessions.
- The use must not include the transmission of textbook materials, materials “typically purchased or acquired by students,” or works developed specifically for online uses.
- Only “reasonable and limited portions,” such as might be performed or displayed during a typical live classroom session, may be used.
- The institution must have developed and publicized its copyright policies, specifically informing students that course content may be covered by copyright, and include a notice of copyright on the online materials.
- The institution must implement some technological measures to ensure compliance with these policies, beyond merely assigning a password. Ensuring compliance through technological means may include user and location authentication through Internet Protocol (IP) checking, content timeouts, print-disabling, cut and paste disabling, etc.
Content from other Universities
- If instructors bring content from courses they’ve taught for other universities to include in their WSU GC online course, we need, in writing, their indication that they hold the copyright for these materials.
Copyrighted materials and online courses
- AOI personnel will not post copyrighted readings in online course spaces.
- Utilize library resources by linking to the permalink or providing instructions to access the resource. It is a violation of copyright to post the article directly into the online course space.
- Place reading on eReserve with WSU libraries—note that ownership of a text, video or other resource does not give the owner permission to post to make available through an online course space. Permission to do so must be granted by the copyright holder. Small quantities of a resource may be made available for educational purposes in compliance with Fair Use or the Teach Act.
- Media available online with an embed code (e.g. YouTube) can be embedded in course spaces utilizing the embed code provided by the site where the media is hosted.
- If no embed code is available, from the course space link out to the media source.
- Images: Effort will be made to utilize images from the public domain. All images will include an attribution of source.
- Media not publicly available: AOI personnel will investigate the least expensive source for student acquisition (YouGet, AOI streamed via license purchase, etc.)
- Fees accrued due to purchase of copyright licenses for media and resources will be passed on to students via course fees.
- Copyright for content created for GC courses is held equally by the content developer and WSU unless specified otherwise in a written and signed agreement.