Streaming Media Creation Procedure

We can only encode media for streaming if it is legal to do so.  The first step in determining whether, and how much, media can be used for instructional purposes is to decide on what basis it can be legally copied.  There are three possibilities:

1.  TEACH Act authorization;

2.  Fair use;

3.  Permission of the copyright holder.

Teach Act Authorization and Our Media Catalog

Beginning in January, 2010 there is a new procedure in place for streaming media production by Academic Technology with respect to the TEACH Act.  When we encode media for faculty members, the media must be accompanied by a TEACH Act agreement, which requires that faculty members have read and agree to our TEACH Act Guidelines and Terms of Service.

To determine if your work qualifies under the TEACH Act, you must read the TEACH Act Guidelines and Terms of Service.  Generally speaking, the key considerations are 1) that the work not have been produced for the distance education market; 2) that it be integral to the teaching of your subject--not ancillary, background or enrichment material; 3) that the amount to be digitized is a reasonable and limited amount, not longer than one typical class session; and 4) that the title be legally obtained, not bootlegged or self-recorded.  The TEACH Act can be used to authorize the reproduction of works typically displayed or performed in a normal in-person class session, only now delivered at a distance over the Internet.  Longer form works would typically be covered by this aspect of the copyright law. 

Please note, you cannot play streamed media authorized by the TEACH Act in an in-person class, simply for the sake of convenience.  You are only authorized to play such works in a distance education format.  This does not mean an "internet only" class, it means delivered at a distance.

Once we encode media authorized under the TEACH Act, it's title will be entered in a catalog.  Use of the catalog requires a) valid Palomar College authentication credentials; and b) agreement to its terms of use, which you will find on its initial screen. Instructors will find link information in the catalog, along with instructions on how to link to the video in their Blackboard courses.  We will inform instructors via email when their title has been encoded and added to the catalog.  TEACH Act authorized media must only be used within the Blackboard environment.

One of the conditions for encoding media is that instructors must agree to share the media with other instructors who also agree to the terms of the TEACH Act.

Fair Use

With respect to fair use of media, rather than TEACH Act authorization, we request that it be accompanied by a fair use worksheet.  Media encoded under terms of fair use will tend to be short audio or video clips rather than longer form works.  Clips will not be added to our catalog of media, and instructors do not need to agree to share clips with other instructors.  We intend to follow the fair use guidelines of the University of California with respect to how much of a work can be digitized/encoded under terms of fair use.  We will email link information directly to faculty members who request encoding based on fair use.

Permission of the Copyright Holder

If you have gained the permission of the copyright holder to make copies for educational purposes, please bring the media along with a copy of written proof of permission to our offices.  If you are the copyright holder, please accompany your media with our copyright permission form.

How to Get Your Media Encoded

Once you have decided on the authorization for media use, TEACH Act, fair use, or special permission, bring the media, accompanied by the appropriate form, either the TEACH Act Agreement, the fair use worksheet, or the copyright holder's (or his/her representative's) written permission, to room LL-108.  Media will be processed on a first come first served basis. 

Summary of Media Encoding Process

Further Information

If you are confused about the copyright status of the work you wish to use, or are interested in learning more about copyright issues, we recommend that you consult the Interactive Guide to Using Copyrighted Media in Your Courses from Baruch College, City University of New York.  We also recommend "The TEACH Act Toolkit," and the NCSU copyright tutorial from North Carolina State University; "Distance Education and the TEACH  Act." from the American Library Association; and the US copyright law itself: title 17 of the US Code.  Section 106,107,108 (reproduction by libraries), 110, subsections 1-2 (the TEACH Act), and section 112(f)(the digitization clauses of the TEACH Act).

Other Streaming Providers

If you do not wish to use the services of Academic Technology, or find our policies or procedures too restrictive, you may wish to consider the use of 3C Media Solutions as a streaming media provider, or, if you are using fair use or non-copyrighted materials, simply place the media on YouTube,  Vimeo, or VodPod.