Content Object Review Guidelines

FAQ from dScribes - continued

FAQ: I’ve come across a picture of an individual and am uncertain as to how much of it I can use?
Policy: Our general policy around the use of images of people:


 * If you’re going to use picture, video, audio, etc. of someone who can be distinctly identified (via face, voice, clothing type, etc.) you need to obtain the permission of the individual in question before you can use the object. Without the individual’s permission you may post the image so long as all distinguishing features have been removed.


 * The exceptions to asking for permission include:
 * The individual is a public figure, which means….
 * There is no reasonable expectation of privacy.
 * E.g. Anytime there is a camera in a room and the audience is aware that the even is being recorded.


 * If there is any question about the individual being a public figure or not, escalate it to the IP Review team


 * Examples of potential concern
 * Students’ faces on video
 * Patients – identifiable – faces, names, dist?
 * Public Figures – can be used
 * Contact Info – address, phone, email
 * Location – e.g., class location + roster
 * Grades – no grading of any sort should be available or deducible

FAQ: I’ve come across a situation where a product’s brand name or logo (etc.) is displayed or mentioned.
Policy: Our general policy with regard to mentioning or displaying a particular brand name product.


 * Context is important:
 * If the brand name or logo is being used to endorse the product, consult the Endorsement Policy
 * If the object is used for criticism or commentary the object is probably not being endorsed. If the decision is made to retain the object in question, it may need to be put into the fair use review process.
 * If the object in question is used incidentally, there is no need to take any action. (How do we define incidental? What’s prominent? What’s not?
 * If the object in question is used intentionally / foreground / explicit / prominent? (Need more here.)

FAQ: I’ve come across a situation where an individual (instructor, student, etc.) explicitly endorses the use of a particular brand or a product. What do I do?
Policy: Need to consult the UM Policy on this. Can we use a disclaimer when this is done in the context of a class? In other words, the endorsement represents the views of the instructor or individual and not that of the university? Much like the disclaimer that comes at the start or end of a film?

FAQ: I’ve come across an image / graph / diagram I think I could recreate on my own.
Policy: Need to craft a strong policy here:


 * If the object in question is a graph, you can take data points and re-graph it
 * Drawing shape of graph by estimating data points is OK

FAQ: I’ve come across a situation where the lecture, video, etc. where the instructor uses screen shots. What to do?
Policy: Type matters:


 * Website / Web Application – use according to the terms of the website: if terms of use on site shot is taken from explicitly allow reuse, then copy terms and link as part of dScribe process
 * Desktop Application – use according to the terms of the application.
 * There is also the question of Fair Use
 * Is the screen shot used in the context of Criticism or Commentary?
 * The other factors of fair use.
 * Purpose
 * Nature
 * Amount
 * Effect

FAQ: I’ve come across an image that might be considered offensive or graphic.
Policy: Type matters:


 * Medical examples – graphic nature is expected; may want to put notice up cautioning users
 * Other graphic or offensive material is at discretion of faculty; if dScribe is concerned, then material can be vetted through regular CO/IP escalation process; casebook of examples will be built

FAQ: I’ve come across an object I think merits a fair use claim.
Policy: Fair Use cases will be done on a case-by-case basis; normal fair use criteria will be judged against pedagogical value or importance; casebook of examples will be populated with already vetted cases


 * Using the tools provided in the Content Processing Tool, indicate which factors justify the claim.
 * Purpose
 * Nature
 * Amount
 * Effect