This is to inform you that as of March 8, 2004, all video, audio, images, and other media used in the School of Continuing & Professional Studies [SCPS] sponsored courses (i.e. EdNet/ITV, WebCT, Breeze, etc.) are required to meet SCPS Copyright and Fair Use standards. This action is retroactive with previous, current and future SCPS contracts.

SCPS contractees must have Permission Release negotiations begun within 30 days. Each course will be reviewed to ensure media content meets SCPS Copyright and Fair Use standards. Failure to meet those standards will require exclusion of media from the course, resulting in a breach of the Supplemental and Overload Compensation Authorization for Salaried Personnel and IMIC Course Development Contract/Course Update Contract.

Furthermore, SCPS must have copies of the accepted and signed Permission Release form(s). A copy of the Cover Letter and Permission Release has been included in the document; Best Practice Recommendations for Online Course Development & Delivery).

These documents have been created to cover all types of educational environments here at SUU.

In the Cover Letter, three types of environments described and how media may be used in each one. This letter cover gives the publisher/originator the choice to accept or deny the request, describes what teaching environment the media can be used in and provides an opportunity to list any conditions, if any are required. The letter should be returned with the response of the publisher/originator back to you. The Permission Release form gives the publisher/originator more details of who is using what media and a precise description. In cases of imagery, it is necessary to attach a photocopy of the image(s) to the Permission Release Form.

Here is a scenario:

Dr. Doe will be teaching two sections of Geology 1010 this Summer. One course is a traditional or “Face-to-Face” course environment and the other will be offered online through SCPS. Since Dr. Doe has taught the traditional course for several years, he has accumulated lots of content ranging from photos to VHS tapes. Conversion of text content into WebCT transfers seamlessly.

Dr. Doe would like to use textbook photos and clips from VHS tapes in the online course he is creating. He has previously collected permission releases from his textbook and video publishers, but these releases were originally for “educational use” in his traditional course. Therefore, as stated in the U.S. Copyright and “Fair Use” Laws, this media cannot be used online course because it is reproducing the original media into a different media format.

In this scenario Fair Use does not apply to something that has to be converted, or digitized, for distribution. Under the Fair Use provision certain materials can be used only if the process of obtaining copyright/permission release is enacted before distribution.

So Dr. Doe contacts the publishers/originators of the media with a Cover Letter, two copies of the Permission Release Form and (if needed) a photocopy of each image. (This is to assist the publisher in identifying the image quickly.)

In this scenario, the publisher grants permission to use an image in both the traditional and online environment.

However, the condition of the image in an online environment is that it must be on a limited access server (like WebCT) and that a credit, copyright caption is next to the image. Not a problem. Dr. Doe then photocopies the returned Cover Letter, Permission Release Form and image and sends it to SCPS. The originals are then retained in Dr. Doe’s files. (Some College/Department Administration may require additional copies for their records.)

If you have any questions or need help regarding SCPS Copyright and Fair Use, please call [Ean Harker] or e-mail at: (435)586-1994 or imic@suu.edu.