01.H.03 – UHS-Affiliated Podcasts
Section: General Administration
Area: University Marketing, Communication and Media Relations
Podcasts are audio or audio/visual episodes on topics of interest that can be experienced live or conveniently through download. The popularity of podcasts for educational or entertainment purposes continues to grow as a popular form of media.
This policy applies to UHS-affiliated podcasts produced as communication for/from the University of Houston System ("UHS") – by its universities, colleges, divisions, departments, organizations, and/or other units.
UHS-affiliated podcasts must adhere to the UHS trademark, licensing and branding guidelines for each university in the production, publishing and airing of podcasts, and must ensure that all rights and clearances are followed regarding prevailing law, including copyright law, photo releases, FERPA and the Americans with Disabilities Act (ADA). UHS-affiliated podcasts must adhere to state and federal laws and regulations, and UHS policies. Additionally, UHS-affiliated podcasts shall not be used for political campaigning or for personal/private gain.
3.1. Podcast: A multimedia file (audio, video, images) made available by streaming or download. These include but are not limited to: MP3, MP4, WAV, and WMA.
3.2. Podcaster: An individual writing, editing, producing, voicing, hosting material for use in podcasts.
3.3. Public Access Podcast: A podcast that is open to the public for streaming or download.
3.4. Course Podcast: A podcast that is used to support the students who are registered for a particular course.
3.5. UHS-affiliated: A podcast produced by a University division, department, University Recognized Student Organization (RSO) or other university-supported organization.
4. SUPPORT INFORMATION
4.1.Third-Party Intellectual Property
Podcasters must ensure that all necessary rights and permissions have been obtained for the material included in the podcast. Creative assets used within a UHS-affiliated podcast, including but not limited to images and music, must be appropriately licensed and cannot violate intellectual property or copyright laws. The podcaster is solely responsible for obtaining relevant permission(s) from the rights-holder(s) and shall not utilize any creative assets that require such permission(s) without receiving such permission(s).
4.2. Brand Review and Compliance
The use of UHS university trademarks and all brand components must comply with the related policies at each UHS university. Podcasters must ensure the formal name of the podcast and any associated tags or other identifiers does not violate copyright or registered trademarks. (*below)
All UHS-affiliated podcasts embedded with artwork must meet the brand guidelines of each UHS institution and be approved through the brand review process. ( See guidelines below.)
4.3. Required Release Forms
Podcasters who enlist students, guest lecturers, community members, etc. must secure from the interviewee an "Authorization for use of image, voice, performance, artwork or likeness" consent release form prior to the recording of the podcast.
Additionally, if a podcast features recordings of current students, the podcaster must have the student(s) sign a FERPA Authorization form to comply with the Family Educational Rights and Privacy Act (FERPA).
4.4. Streaming Services
Adding a podcast to a streaming or hosting platform such as Apple Podcasts, Google Podcasts, Spotify, or Stitcher, may require a click-through consent to the platform's Terms of Service or Terms and Conditions ("Terms"). To be in compliance with UHS policies and audits, any click-through consent to a streaming platform's Terms needs to be processed through the college/division business administrator and submitted to General Counsel's Office of Contracts Administration ("OCA") for review. For information on how to submit a contract visit "Paid Online Media Guidelines."
4.5. Podcast Channel Management
Each UHS institution should designate personnel to serve as administrators and/or managers of UHS-affiliated podcast streaming channels, if such channels are created by a given institution.
UHS universities do not monitor podcast content. However, each university reserves the right to remove file(s) that violate any applicable laws and UHS/University policies and procedures, upon prior consultation with the UH Office of General Counsel.
4.7. Intellectual Property and Disclaimers
4.7.1. All UHS-affiliated podcasts are the sole property of UHS. Any UHS student, faculty or staff member participating in a UHS-affiliated podcast assigns all of their intellectual property rights (including without limitation with regard to copyright) to UHS by participating in the podcast. Additional documentation of such assignment may be required for participation in UHS-affiliated podcast.
4.7.2. UHS faculty and staff may not use UHS resources to host, produce or create podcasts that are not UHS-affiliated podcasts. UHS faculty and staff may use UHS resources (such as a UHS-owned office computer and related equipment) to participate as guests on a non-UHS-affiliated podcast so long as such usage of resources constitutes incidental personal use of UHS resources.
4.7.3. UHS faculty and staff should, if possible, state that any opinions stated on a non-UHS-affiliated podcast are solely their opinion and are not the views of UHS, if they are explicitly identifying themselves in such podcasts as UHS faculty or staff. Such disclaimers are not necessary if UHS faculty or staff are not identifying themselves as such.
4.8. Quality Control
All UHS-affiliated public access podcasts should be recorded and edited with the aim of capturing and producing the best quality audio file .
An employee may use the System or a university's name in making a true and accurate statement of his/her relationship with, or employment by, the System or university. However, employees may not use the System or university name or other Marks or their affiliation with the System or university in any manner, which suggests or implies UHS or university support or endorsement of any product, movement, activity or program. In circumstances where there is potential for UHS or university endorsement of support to be construed, a disclaimer is required. ( See SAM 01.D.03 Trademark Management, 6.3)
4.10. Promotion of Podcast
All marketing materials for UHS university podcasts, including any promotional merchandise, are subject to the relevant university brand approval policies and to procedure and UHS trademark management policy, including:
BRAND MANAGEMENT, TRADEMARK AND LICENSING:
• University of Houston Brand Management, Licensing and Trademark Policies: https://uh.edu/marcom/guidelines-policies/brand-management-licensing-trademarks/
• University of Houston Clear Lake Brand Guidelines: https://www.uhcl.edu/brand-guide/
• University of Houston Downtown Graphic Standards: https://www.uhd.edu/administration/university-relations/Pages/Graphic-Standards.aspx
• University of Houston Victoria Use of University Name, Photos or Logo: https://www.uhv.edu/policies/general/use-of-university-name-photos-or-logo/ https://www.uhv.edu/policies/general/communications-and-marketing/
Responsible Office(s): Marketing and Communications