Under CU-Boulder, you are responsible for making sure the content of your audio, video, or podcast file complies with copyright law. You also must make sure individuals who are in the recording understand how it will be used. CU-Boulder reserves the right to decide if content is appropriate for the public iTunes U site and can remove content at any time without prior notice. The contributors retain ownership, and uploading of content grants CU-Boulder and Apple a non-exclusive, royalty-free right and license to use, reproduce, and modify the format and display (but not the substance) of that content.
Because Apple hosts the content posted through iTunes U, they have some general guidelines in place to govern the appropriateness of content. These are expressed through its iTunes Terms of Service.
- Direct links to illegal, socially harmful, or pornographic material are not permitted.
- Text, images, or sounds, which violate local, state, national, or international laws are not permitted.
- You may not create pages that contain material copyrighted by someone other than yourself unless permission has been obtained from the copyright holder. The original author and copyright holder should be clearly and fully acknowledged if permission is given. You should even be cautious about creating links to pages that contain unapproved copyrighted material.
- You may not use CU-Boulder on iTunes U for commercial gain.
All rights to ownership of content posted within iTunes U remain with the submitter and the University of Colorado at Boulder, and ARE NOT transferred to Apple.
By submitting your content to iTunes U you are agreeing that Apple is permitted to distribute your content via iTunes U. They will not sell your content and may occasionally link to select content in promotional and marketing campaigns. If Apple chooses to use your content in a promotional campaign, they will first notify the CU iTunes U team in writing, and we will pass this notification on to you. All CU-Boulder iTunes U users reserve the right to remove their content from the system, and if you object to Apple’s use of your content, please notify us at iTunesCU@colorado.edu and we will remove your files from iTunesU.
What is copyright? Copyright is a form of protection provided for original works of authorship, including literary, dramatic, musical, graphic and audiovisual creations. “Copyright” literally means the right to copy, but has come to mean that body of exclusive rights granted by law to copyright owners for protection of their work.
What is copyright infringement? Copyright infringement occurs when a copyrighted work is reproduced, distributed, performed, publicly displayed, or made into a derivative work without the permission of the copyright owner.
Posting copyright-infringing content can lead to termination of your departments right to use CU-Boulder’s iTunes U environment and possibly monetary damages if a copyright owner decides to take legal action (this is serious—you can get sued!). Below are some guidelines to help you determine whether your audio/video file is eligible or whether it infringes someone else’s copyright.
How To Make Sure Your Video Does Not Infringe Someone Else’s Copyrights
Be sure that all components of your video are your original creation—even the audio portion. For example, if you use an audio track of a sound recording owned by a record label without that record label’s permission, your audio/video file may be infringing the copyrights of others, and may be subject to removal.
The Creative Commons licensing initiative has created an excellent Podcasting Legal guide. This guide is published as a wiki and can be found on the Creative Commons Wiki. In the guide is a comprehensive review of the legal issues you may face in creating and distributing a podcast.
Resources for copyright:
CU-Boulder’s Copyright resources and facts: http://ucblibraries.colorado.edu/copyright/
iTunes U Copyright overview (PDF): http://images.apple.com/support/itunes_u/docs/iTunes_U_Copyright_Overview.pdf
U.S. Copyright Law: http://www.copyright.gov/
University Policies and Resources
Unless otherwise stated, CU-Boulder policies and procedures apply to the CU Boulder iTunes U site. These include but are not limited to:
- Access and Authorization: http://www.colorado.edu/its/policies/accessauthor.pdf
- Copyright: http://ucblibraries.colorado.edu/copyright/
- Network Security Policy: http://www.colorado.edu/its/policies/networksecurity.pdf
- Use of CU-Boulder’s Computing and Network Resources: http://www.colorado.edu/its/policies/cnr.pdf
- Guidelines for Computer Users on CU-Boulder Campus: http://www.colorado.edu/policies/cnr/guidelines.html
- Web Publishing Policies: http://www.colorado.edu/policies/webpolicy.html
- Web Identity Standards: http://www.colorado.edu/webcom/identity/
- Licensing Policy: http://www.colorado.edu/policies/licensing.html
- Privacy statement: http://www.colorado.edu/privacy/
- Student Guide for Using the Trademarks: http://www.colorado.edu/policies/studentlicensing.html
- Intellectual Property That is Educational Materials: https://www.cusys.edu/policies/policies/A_IP-Educational-Materials.html
“Fair-Use” and Privacy
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, audio or video for broad public consumption (like via iTunes U) is often not correct. The issue of Fair Use & Copyright 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.