Course Capture Policies - Pre Sp 2017

Course Capture Video & Audio Recording Permission Agreement - Pre Sp2017

1. Grant of Permission

I (we) grant permission to the Regents of the University of California, on behalf of the Educational Technology Services (“ETS”), of the University of California, Berkeley:
a) To make video and/or audio recordings of the class sessions for my course.
b) To allow these recordings to be “downloaded” by my students, using technology which is available today or created in the future. “Downloaded” is defined to include webcast and podcasts, streaming video, audio only or other technologies not enumerated here where the end user obtains a copy of the audio and/or video recording on the end user’s electronic device.
c) To allow these recordings to be “downloaded” (as defined above) by members of the public, if I have agreed to have my recordings available to the public on the Sign Up form.
d) To allow these recordings to be delivered, as managed by ETS, free of charge and for educational purposes, on the Internet via, but not limited to,, or any other Internet provider such as Apple iTunesU, Google, or Yahoo. (Recordings will not be available on public versions of these channels unless I have agreed to have my recordings available to the public on the Sign Up form.)
e) To allow ETS to delete third-party material which, to the best of their knowledge, the University has received no permissions or copyright clearance.
f) To allow ETS to edit or add introductory and conclusion screens in order to introduce and identify the recordings as appropriate.
g) To indicate within the recording information the license I selected during the Sign Up process.
2. Conditions on Use
My permission may be withdrawn at any time upon my written notice to ETS. Within 30 days of my request, my audio and/or video webcast will be removed from access.
3. Retention of Faculty Ownership and Copyright
Nothing in this agreement is intended or confers upon the University any additional rights in my course materials or any other right which is not explicitly set forth in this agreement. The University only acquires the rights to my materials as explicitly set forth in the agreement. I (we) retain all rights to my (our) original materials created prior to granting this permission to the University.
4. Faculty may Use but Gains no Ownership in Web-based Digital Materials
I (we) agree that I (we) may use the recordings in the course and scope of my (our) employment or appointment at University and that I (we) do not gain ownership of the recordings created by the University. Additional uses of the recordings may be arranged for use outside my (our) scope of employment, upon a written agreement signed by the authorized representatives of both parties.
5. Indemnity
Each party shall indemnify, and hold harmless the other party, its officers, agents, and employees against all losses, damages, liabilities, costs, and expenses (including but not limited to attorneys' fees) resulting from any judgment or proceeding in which it is determined, or any settlementagreement arising out of the allegation that, one party’s furnishing or supplying the other with graphic designs, web site design, web site content and/or software under this Agreement or the use of such, constitutes an infringement of any patent, copyright, trademark, trade name, trade secret, or other proprietary or contractual right of any third party. The foregoing shall not apply unless one party has been informed as soon as practicable by the other of the suit or action alleging such infringement, and each party is given the opportunity as afforded by applicable laws, rules, or regulations to participate in the defense thereof.
6. UC Policy: Recording of Class room Materials
7. Licensing
The Regents of the University of California retain the copyright of all media recordings published to UC Berkeley’s YouTube channels, Berkeley's iTunesU content, and These recordings are licensed to end users based on the preference of content providers. The default license attached to media recordings for distribution is Creative Commons - non-commercial, attribution, and no derivatives (CC 3.0 license)
8. Terms are Non-Negotiable without Regental Authority
I (we) understand that any alteration of this agreement must be signed by an authorized representative of the Regents.