Terms of Service

I understand that by requesting duplication and encoding of media by Palomar College Academic Technology, or by using a link from the catalog of encoded/streamed audio and video files maintained by Palomar College, that:

1. My use of the encoded/streamed work conforms to the terms of the TEACH Act of 2002, guidelines for which are given below.
2. I agree that I will only use this work in delivery of distance education.  I will not use it for in-person instructional activities.
3. I agree that the work can be shared by other faculty members in the delivery of distance education in an authorized course at Palomar College, provided that faculty member’s use conforms to the TEACH Act.
4. I will not redistribute the link to this streamed media file to anyone else.
5. I will display the copyright notice for each work I use within the course for which I use it.

TEACH Act Guidelines

The following is our best understanding of the terms of the TEACH Act. We are not lawyers and this is not be construed as formal legal advice. If you have concerns after reading this, please consult an attorney. You will find the TEACH Act codified in various sections of Title 17 of the US Code (http://www.copyright.gov/title17/).

My use of a video or audio work in the presentation of distance education conforms to the following:

1. The work was not produced for the distance education market.

Explanation: That is, the work cannot have been originally produced or marketed primarily for performance/display as part of mediated instructional activities. The copyright law is concerned with protecting the rights of producers, while balancing them against the rights of students, scholars and critics. If the work was produced PRIMARILY for the educational market, you cannot deprive the producer of the sale by copying it in the context of the same market for which it was produced. [US Code, Title 17, §110 (2)]

2. The work is lawfully acquired.

Explanation: The work cannot have been pirated, bootlegged, or self-recorded. For purposes of the TEACH Act, we will accept only commercially produced audios or videos in their commercial packaging, clearly labeled with a producer’s name and a copyright notice, if applicable. For example, it cannot be a work videotaped or otherwise digitally recorded by a private individual, but must be obtained from a legal source of distribution that has purchased it from the original producer or producer’s agent. If you have a short segment of a self-made videotape or other digital recording you want to use in class or in the delivery of distance education, you may be able to make a fair use argument for its use, but cannot use the TEACH Act as your authorization. [US Code, Title 17, §110 (2)]

3. The work is integral to the class being taught.

Explanation: The work cannot be placed in a Blackboard or other password protected area simply for the general purpose of student “enrichment,” entertainment, or otherwise passive, extra credit viewing. It is not legal to build a library of digital copies from which students may browse. The work must have an assignment specifically associated with it for it to be considered “integral” to the class being taught. [US Code, Title 17, §110 (2) (A)]

4. The work will be used as part of systematic, mediated instructional activities for the course being taught.

Explanation: Students must be given an assignment to view or listen to the work. It cannot be optional. Furthermore, the assignment to view or listen to the work must be supervised by the instructor. That is, there must be some sort of assignment or accountability demonstrated that the work is part of required course instructional activities. US Code, Title 17, §110 (2) (A)]

5. The work is directly related to or of material assistance in teaching the course from which they are linked. [US Code, Title 17, §110 (2) (B)]

6. The work is a) a non-dramatic literary work; b) a non-dramatic musical work; or c) a reasonable and limited portion of any other work or a display of any work in an amount analogous to a live classroom setting.

Explanation: Adopting the most liberal interpretation of the provisions of the TEACH Act, entire works of whatever kind might qualify. No definition is provided in law for “amount analogous to a live classroom setting,” but it seems reasonable to construe this as meaning a typical classroom meeting. For example, if a half-hour video is shown in class, it will qualify for digitization and delivery under the TEACH Act, as long as it meets the other requirements of the law. [US Code, Title 17, §110 (2)]

7. Reception of the work is limited to students enrolled in the class.

Explanation: At Palomar College we use the Blackboard system to enforce this section of the law. Only students officially enrolled in the course, for that semester, can see the link to the video, and the video cannot be played at another institution or for any other group of students. You agree NOT to turn on guest access to any portion of your Blackboard courses that contain audio or video links. Audio and video links encoded/streamed under the TEACH Act must never be publicly available on the general Internet, but must be exposed to students only through our password protected Blackboard system. [US Code, Title 17, §110 (2) (C)]

8. Reasonable downstream controls are in place to prevent downstream copying of the work so that a) the work cannot be retained by students for longer than the class sessions for which it is intended; and b) the work is not able to be disseminated beyond the recipients of the class.

Explanation: At Palomar College we use Microsoft SmoothStream technology to prevent downstream copying, and present video and audio in a Silverlight wrapper to prevent further leeching or illegal copying. [US Code, Title 17, §110 (2) (D) (ii)]

9. If you are requesting that a digital copy be made from an analog master (i.e., a VHS tape or vinyl record) I have determined that a digital version of the work is not already available. I have made a good faith search of the Internet and have not been able to find an already existing steamed or DVD version of the work.

Explanation: You have performed a Google search on the video title and verified that it is not available at some other web site, for example, learner.org, pbs.org, various pbs web sites or other digital source, like a DVD. [US Code, Title 17, §112f(2)]

Further Information

The best summary of all of this can be found in the NCSU TEACH Act Toolkit.  Using it would give the faculty member as clear guidance as possible on what works can be displayed in a distance ed class.