Copyright Policies

Copyright & iTunes U – an Overview

There are many issues to consider when deciding whether or not to make a podcast available on ND on iTunes U.  A key issue is copyright. Any material that is made available on ND on iTunes U site must be copyright compliant.

Permission(s) needs to be sought from all presenters, performers and/or creators of material included in podcasts; permission is also required for any third party copyright material (i.e. copyright material created by someone other than the presenter or creator) included in podcasts where required.  There are some limited provisions that allow third party copyrighted material to be included in a podcast without needing permission from the copyright owner, but these are very limited. As a general rule advance permission is required when you include material authored or created by a third party in your podcast.

In general copyright is owned by the person who created the original work (the podcast), but this is subject to a number of factors such as whether the work was created as part of a person’s employment, or whether there is an agreement that assigns or licenses copyright from a third party.

The following guidelines and information will assist podcast producers to ensure their podcasts are copyright compliant.

ND Intellectual Property Policy

 Notre Dame faculty and staff should review the University’s existing Intellectual Property Policy which governs work created during employment at the University of Notre Dame — especially the language relating to Educational Materials.

Apple Copyright Information

Apple has prepared an excellent overview of copyright issues for podcast producers who use iTunes U to deliver their content:
Apple Copyright Overview

Podcasting Legal Guide

Well respected experts at Harvard and Stanford Universities have collaborated to develop a general roadmap of some of the legal issues specific to podcasting: Podcasting Legal Guide

Quote 2006: Colette Vogele of Vogele & Associates, Mia Garlick of Creative Commons and the Berkman Center Clinical Program in Cyberlaw.

This Guide was produced as part of the Non-Residential Fellowship Program of the Center for Internet & Society at Stanford Law School. This guide is extensive with excellent explanations of copyright issues including fair use, Creative Commons licensing, and finding ‘podsafe’ content available via the Web you can incorporate legally into your podcast.

Fair Use and Podcasting

Many educators assume that the copyright doctrine of ‘Fair Use’ will generally cover their use of copyrighted content for any educational use. While this may be true when using content in a physical classroom for teaching, claiming fair use when incorporating copyrighted material into podcasts for broad public consumption (like via iTunes U) is often not correct. The issue of Fair Use & Copyrights for teaching and online delivery is complex. The following resources are useful when considering how Fair Use may apply to your particular use of material in a podcast.

Seeking Permission to include material in podcasts delivery via ND on iTunes U

The material below is adapted from The University of Melbourne Copyright Office Web page for iTunes U

Thanks to author: Helen Thomson and The University of Melbourne for allowing its use.

Permission(s) should be secured for any material to be included in a podcast delivered via the ND on iTunes U site. This is particularly important where the University does not own copyright, i.e., when the material is created by an external party, a student, or by an academic (in the case of scholarly material). It is best to obtain a signed written permission agreement from all creators, performers and/or presenters involved in podcasts.

Some examples of people from whom you should secure written permission include:

  • The main presenter or performer
  • Facilitators of lectures and events
  • Anyone giving or making introductory remarks
  • All members of a panel
  • All members of an orchestra or choir
  • Subjects of photographs or videotaping

Using third-party copyright materials

Many presentations will include copyrighted materials that have not been created by the presenter or by the University – this is known as third-party copyright material. In most cases you will need to seek permission from the content owner to include third-party copyright material in your podcast. Permission should be in writing. You will also need to include citations or acknowledgments on any third-party material included in the presentation: in audio podcasts this can be spoken at the beginning or end of the podcast; for video this can be included in closing slides or credits.

These guidelines also apply to external guests or speakers and it is the responsibility of the person organizing and recording an event to ensure that all speakers are aware of their copyright responsibilities and obligations.

Using images on iTunes U

Images, such as photographs, graphs, diagrams, cartoons, drawings etc, are frequently included in presentations or lectures to illustrate points and to make a presentation more visually interesting or appealing. There are very few provisions that allow images to be included in presentations without the permission of the copyright owner. Images that have been created by the presenter can be included as can images created by the University for public distribution.

Take care when using images of artworks where copyright has expired. For example, think of the Mona Lisa. Although copyright in the original painting has expired, copyright may still apply for copying and reusing images of the painting in books and even in digital images on the Web.

Using music on iTunes U

Using recorded music in a podcast can often present copyright problems. There can be many layers of copyright in a piece of recorded music and this can make it difficult to determine whether or not a piece of music can be used as background in your podcast. As with image copyright, there are very few provisions that allow music to be performed without permission. Even performing music that may be out of copyright, such as Mozart, can be problematic because the sheet music may still be in copyright (if it is a new arrangement or edition) and permission will be needed from the copyright owner of the arrangement or edition.

Using an insubstantial portion of music can also be problematic as there is no clear cut definition of what constitutes “insubstantial.” Whether or not a portion is deemed to be substantial depends on how important, key, essential or distinctive the portion is to the overall work. Even a few bars can be considered substantial.

Using film or video clips on iTunes U

Including extracts of videos or movies (this includes TV programs, documentaries, home videos, etc) in podcasts on iTunes U can be difficult as, like music, limited provisions apply to using movies. Most movies are likely to still be in copyright and the same issues apply to using insubstantial portions of movies as they do to music. In most cases, permission will need to be sought from the copyright owner to use a portion or clip from a movie and there will most likely be licencing fees involved.

Using Creative Commons or other copyright and royalty free material on iTunes U

Material published under a Creative Commons, or similar open access license, can be easily reproduced without needing to seek permission from the copyright owner. Generally, the copyright owner licenses the material when it is created to allow people to freely access and use the material for certain purposes.  You can find a list of content providers (audio, video, images, text) and online directories to help you find content you might be able to use in your podcasts that is shared via a Creative Commons license. It is also possible to search using Google Advanced Search to find content that has a CC license.

Care should be taken if you wish to include Creative Commons or open access material in your presentation for iTunes U as the terms of the creative commons license or the terms & conditions of the open access material may not allow the work to be included on iTunes U. Any material made available on the University’s iTunes U site is also licensed to Apple for certain commercial marketing purposes.  Many Creative Commons licenses or open access repositories limit use of their material to non-commercial purposes only.

Check the terms & conditions of the any copyright license agreement carefully to ensure you are not violating the intent of the original copyright holder to share creative work with others.

Release Forms and Copyright Checklist

link to PDF download forms, etc.

Table of content requiring different copyright laws or approvals

insert copyright matrix table here.

Useful Copyright References

Copyright Crash Course – University of Texas

The Comic Book Version of Copyright Law

Bound By Law – Duke University Center for Study of the Public Domain