Librarian Web Permissions SOP

Much of the determination on whether written permission is required will depend upon whether the content is considered integral to the course.  

The content is not integral to the course, meaning it: 

• can be removed quickly without altering the course, assignments, or learning objects; AND 
• the terms of use or copyright language of the website do not expressly prohibit linking to the content, restrict commercial use, or restrict to personal use only. 

Written permission is NOT REQUIRED if:

• The website's terms of use/copyright language specifically permits direct linking to the site. 
• If the TOU specifically allows for linking but has restrictions against commercial use, personal use, transmitting, or distributing, linking is allowed, and written permission is not required. Review Terms of Use / Copyright for a breakdown of common TOU terms and how to interpret them.
• The content is not integral to the course, meaning it:
  • is used only as an example or illustration; AND
  • can be removed quickly without altering the course, assignments, or learning objects; AND
  • the terms of use or copyright language of the website do not expressly prohibit linking to the content, commercial use, or restrict to personal use only.
• The content is integral to the course AND the terms of use explicitly state that linking is allowed. If the terms of use prohibit commercial use BUT specifically allow for linking, the linking provisions supersede that commercial use provision.
• The content is integral to the course AND the material has a permitted Creative Commons license or is in the public domain.
• There are no terms of use or restrictive language on the site, and the resource is not integral. While copyright laws still apply to the content, permission to link is assumed.
• The link retrieves content that is in the public domain. See Check for Public Domain for more information.
• The content is authored by the United States federal government, or one of its various agencies, and the copyright notice does not restrict commercial use.
  • Note: Third-party content uploaded to government sites must still be reviewed for copyright restrictions.
• The website uses one of the following Creative Commons licenses:
  • CC BY
  • CC BY-SA
  • CC-BY-ND
  • CC0
• The material is from verified, open educational resources (OER) that do not restrict use by for-profit institutions, such as OER Commons.

If the content/website meets any of the above criteria, it is allowed.

Next steps:

• Add the following (adjusted as needed) to the comments section using the @requester name to ensure they receive the message.

  Hi @requester name, linking to this content is allowed. 

• Complete all the fields in the request.
• If the website was in the Permissions Database, set Permission Status to Complete.
• If the website needs to be entered into the Permissions Database, set the Permission Status to Pending Database Update and add reasoning to the comments sections to assist the library staff who enters the information. 
  • Note: Government sites are not included in the Permission Database and the Permission Status should be set to Complete.

Library Note: TOU states linking is allowed (and copy and paste the section allowing linking).

Written permission is REQUIRED if:

• The content is integral to the course, assignment, or learning object, meaning that its removal alters the course or assignment(s), the course must be revised upon removal AND there are no terms allowing for linking.
• The terms of use or copyright language specify that permission is required from the copyright holder. Review 7a. Language to Look For to see a breakdown of common TOU terms and how to interpret them.
• The website prohibits distributing or transmitting content; these terms are synonymous with linking.
• The content has been uploaded by a third party and/or the copyright holder is not clear.
• There are links to multiple web pages from a single website.
• The website uses one of the following Creative Commons licenses:
  • CC BY-NC
  • CC BY-NC-SA
  • CC BY-BC-ND

Next steps:

• See Written Permission Procedures

Requesting Permission

• Use a dedicated permission link or contact information to email the copyright holder.
• Send the email from the library inbox so that all staff can complete approvals in the event you are not working.
• The following templates have been approved by the legal department and should be used.

Website Request Language

Greetings,
My name is __________ and I am a __________ at the University of Phoenix. The University of Phoenix, an accredited private university, would appreciate permission to link to the [insert website name] website.
The link will be provided to students and may point to other specific pages within your website that we feel may be useful for certain classes. The content will not be copied or modified. In accordance with copyright, we are seeking permission to link only.
Does the University of Phoenix have permission to link to [insert link to website] and associated content for educational purposes?
Thank you very much for your time!

YouTube Channel (and associated content) Request Language

Greetings,
My name is __________ and I am a __________ at the University of Phoenix. The University of Phoenix, an accredited private university, would appreciate permission to link to the [insert channel name] YouTube channel.
The link will be provided to students and may point to other specific pages within your website that we feel may be useful for certain classes. The content will not be copied or modified. In accordance with copyright, we are seeking permission to link only.
Does the University of Phoenix have permission to link to [Insert link to the channel] and associated content for educational purposes?
Thank you very much for your time!

Embedding Request Language

Greetings,
My name is __________ and I am a __________ at the University of Phoenix. The University of Phoenix, an accredited private university, would appreciate permission to embed a video from your [insert channel name] YouTube channel for educational purposes.
The video will be provided to students and located in their classroom, which requires a student login. The content will not be copied or modified. In accordance with copyright, we are seeking permission. 
Does the University of Phoenix have permission to embed videos from [Insert link to the channel], specifically [Insert video title]?
Thank you very much for your time!

Submitting a request through a website form

When submitting a request to link to a website through the website’s contact form, use the Library email address for a response. 

library@phoenix.edu

Updating the Website Permission Request in the Asana Task

• On the permission request, click on +add subtask.
• Enter Follow Up in the blank task name field. 
• In the Due Date circle, enter a date that is 3-5 days from today’s date.
• In the Assign this task circle, assign the task to yourself.
• In the parent task comments field, enter:

@requester name, [first / second] written request sent (Asana will automatically note the date and time).

Note: Review the request due date at the top of the page. If it is less than 3-5 days out, notify the requester that the approval may not be received in time and ask if the due date is flexible.

• In the comments field, add reasoning for written request or copy and paste the language found in the TOU that justifies a written request.
• Attach a copy of the request email to the task.
• Set Outcome to Pending.
• Set Permission Status to Pending Written Request.
• Upload a copy of the email request to SharePoint (CTL - University Library - Team > Permissions Requests & Responses > Permissions Requests). 

Follow Up

• If no response is received in 3-5 business days, follow up with the copyright holder with a second email. Make an attempt to locate an alternate email address on the site and add it to the second email. Use the same template, but add a note saying this is a follow-up to a previous email.

• Attach a copy of the second request email to the task and notify the requester in the comments field. 

• Upload a copy of the second email to SharePoint. 

No Response

• If no response is received within 3-5 days of the second request, notify the requester that permission is NOT ALLOWED and offer library research assistance in locating alternative content. For example:
  • Hi @requester, we have not received a response to either of our requests for permission to link to this site. Legal has determined that no response is equivalent to a denial. If you would like any assistance in finding an alternative resource, please submit an LRR research request, and we would be happy to start researching.
• Add the red X emoji before the title to indicate the content is not allowed.
• Set Outcome to Not Allowed: No Response.
• Set Permission Status to Complete or Pending Database Update, if applicable. 

Response Received

• Notify the requester that permission is allowed or not allowed.
• Attach a copy of the email to the request.
• Set the Outcome to Allowed or Allowed with Conditions or Not Allowed, depending on the response.
• Complete all fields below Outcome, as applicable.  
• Set Permission Status to Pending Database Update.
• Upload a copy of the response to the corresponding SharePoint Permissions folder.