UMD Panopto Terms of Use


Table of contents

Service description

Panopto is a lecture capture and media management system (MMS) that allows University of Maryland (UMD) faculty, students and staff to securely create, upload, download, edit, embed, view and stream high quality media (audio and video). Panopto is integrated with ELMS-Canvas and provides a seamless way for instructors to incorporate videos and other media-rich content within their course, as well as manage and review students’ videos and media assignments. Panopto’s hosted site provides a MMS for quality media.

Panopto must be used only to conduct core university business and academic activities and in compliance with applicable UMD, state and federal regulations, specifically, with the Policy on Acceptable Use of Information Technology Resources. We reserve the right to change or modify the Terms of Use at our sole discretion at any time. Any change or modification to the Terms of Use will be effective immediately upon posting by UMD Division of Information Technology (DIT).

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Eligibility

UMD faculty, staff and students with current and active campus-authorized credentials (that is, Directory ID or equivalent) or local Panopto accounts (for select UMD staff) or both are eligible to use Panopto. Prior to leaving the university community, and thereby being excluded from accessing the service, users may export their content or choose to delete it.

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Age restrictions

By registering or participating in services or functions in Panopto, you hereby represent that you are over 18 years of age.

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Responsibility for content and content ownership

The eligible user who creates and uploads content to Panopto, primary author, is responsible for the content and associated data. All primary author uploads of content to Panopto are identified with that individual’s authorized campus credential (that is, Directory ID). Content may be visible to participants within a course in ELMS-Canvas or directly through the UMD Hosted Panopto platform or other (services) at the discretion of the content author. As a primary author you agree to use Panopto in accordance with applicable laws. Further, you agree that you will not upload and/or publish any of the following content within Panopto:

Further, you agree that you will not access or attempt to access any other user's account or misrepresent or attempt to misrepresent your identity while using Panopto. You also agree not to divulge or share access or access information to your User Account with any third party.

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Copyright

If the content a primary author uploads using UMD Panopto includes material (e.g., photographs, music, film and video works) that was created by someone other than the primary author (a third party), that third party material may be protected by United States Copyright law. Copyright law allows the primary author to use a third party’s material if the use is consistent with principles of fair use or the primary author has the third party’s permission to use its material. All folders, videos, documents and playlists in Panopto have a specified primary author who is solely responsible for detailing the sharing and permissions pertaining to copyright, fair use, and/or Creative Commons licensing for uploaded, shared, and hosted content within each rich media item. For more information about copyright and the use of third party content, visit University Libraries Guide to Copyright.

A primary author who wishes to use or modify the content of another UMD primary author must clearly identify the original UMD primary author of that content whether it be a faculty member, staff member or student of/at UMD.

The Digital Millennium Copyright Act (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law.

If you believe in good faith that materials on UMD Panopto infringe your copyright, you (or your agent) may send DIT a notice requesting that the material be removed or access to it blocked.

The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on UMD Panopto are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity and information reasonably sufficient to allow UMD to locate the material on UMD Panopto; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Notices must meet the then-current statutory requirements imposed by the DMCA; see US Copyright Office for details. Notices and counter-notices with respect to Panopto should be sent to Project Nethics by contacting 301.405.8787.

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FERPA

Faculty and staff should be aware that content identifying students, or content contributed by students by name or otherwise that is uploaded on UMD Panopto, may constitute an education record under the Family Educational Rights and Privacy Act (“FERPA)”) and associated federal regulations and UMD policy implementing FERPA. Under FERPA and its regulations, Education Records of a particular student may only be disclosed by UMD and its faculty and employees with the particular student’s consent or if authorized under specific circumstances under which student consent is not required. “Disclosure” in this context includes use outside of the class such as posting student content openly on the Internet. Faculty who intend to post original student work in such a manner may do so only in accordance with FERPA. Please refer to UMD FERPA, a 10-minute FERPA Tutorial, and Protecting Student Privacy and Personally Identifiable Information in UMD Audiovisual Recording Systems.

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Monitoring

UMD does not routinely pre-screen, monitor or regularly review posted content and associated data uploaded to Panopto. Nonetheless, UMD reserves the right to remove, at any time and in its sole discretion, any content that it determines violates a) these Terms of Use, b) other campus policies that govern use of UMD IT resources or c) other UMD policies, or local, state, or federal laws, including United States Copyright law and laws governing privacy rights. Should UMD receive reports that any inappropriate or unlawful content has been posted, UMD will advise a designated School/College/Unit Panopto Department Administrator and/or other appropriate UMD offices to contact the primary author regarding the matter. In some situations, a UMD office or a campus Panopto Administrator will remove the content prior to contacting the primary author. The posting of unacceptable content may, in some circumstances, result in the revocation of the primary author’s access to Panopto or disciplinary proceedings. Reports regarding inappropriate content may be sent to itsupport@umd.edu.

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Use of aggregated, anonymized information about student users

UMD collects certain non-personally identifiable information to evaluate the manner in which Panopto is used in order to improve the service. This may include other web analysis data to measure and analyze usage. This information may be shared with UMD stakeholders in aggregated non-personally identifiable form. This data would not include information about individual students and/or faculty or staff.

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Non-commercial use

As is true of all UMD computing resources, UMD Panopto must be used to conduct core university business and academic activities only. You may not sell, profit from or commercialize content from UMD Panopto. UMD considers any use of the service and its content for the purpose of deriving profit or promoting a profit-based enterprise to be prohibited commercial use. Examples of prohibited commercial uses include, but are not limited to, advertising to generate profit, marketing or promoting for-profit ventures. Further information can be found in the University of Maryland Acceptable Use of Information Technology Resources.

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UMD disclaimer

The content that is uploaded to UMD Panopto represents the views and opinions of the primary authors and does not reflect or constitute the views or opinions of UMD. UMD makes no representations or warranties of any kind, express or implied, as to the content hosted by Panopto, including warranties of suitability for use for a particular purpose or freedom from the infringement of the intellectual property or other proprietary rights of any third party. UMD will not be liable for any claims, causes of actions, liabilities, damages or costs of any kind, including attorneys’ fees, arising out of or related to content uploaded to Panopto. Questions or concerns about content should be directed to the primary content author or to the designated school/college/unit Panopto department administrator, UMD Panopto Administrator and/or other appropriate UMD office.

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Service availability

The service is provided as a hosted service by the vendor, Panopto, INC. Planned maintenance and outages, deemed by UMD or Panopto, will be communicated in advance. Best efforts will be made to schedule planned downtime between 12:00 AM and 7:00 AM Eastern Time. Unplanned outages will be posted as an announcement on itsupport@umd.edu and communicated through other support channels.

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