© 2013 EMERSON PROCESS MANAGEMENT, REGULATOR TECHNOLOGIES INC. D352112X012 Video Content and Distribution Guidelines USE OF THIS DOCUMENT The master copy of this document resides in electronic format. Printed copies of this document are for convenience only. Verify that the revision of this printed document matches the current revision of the electronic master before use. CONFIDENTIAL This document/program, including the content, is property of Regulator Technologies and must be held in strict confidence and properly safeguarded by the recipient at all times. It may not be copied or reproduced, or provided or revealed to any other party, except with prior written authorization of an appropriate officer of Regulator Technologies and any authorized copy or reproduction must include this admonition. The recipient may use the same only for the purpose for which Regulator Technologies has provided it to the recipient. The document must be returned to Regulator Technologies upon request. By accepting this document/program, the recipient agrees to the foregoing. D352112X012 CONTENTS I. SCOPE ................................................................................................................................................................3 II. DEFINITIONS .....................................................................................................................................................3 III. VIDEO GUIDELINES OVERVIEW ..................................................................................................................4 IV. LEGAL GUIDELINES .......................................................................................................................................5 A. COPYRIGHT .................................................................................................................................................5 B. PRODUCT LIABILITY ISSUES ................................................................................................................8 C. PROTECTION OF INTELLECTUAL PROPERTY ................................................................................9 MARCOM GUIDELINES ................................................................................................................................11 V. A. VIDEO STRUCTURE ................................................................................................................................11 B. VIDEO RECORDING AND EDITING .....................................................................................................14 VI. REVIEW GUIDELINES ..................................................................................................................................14 VII. DISTRIBUTION GUIDELINES .....................................................................................................................14 VIII. REFERENCE EXAMPLES............................................................................................................................15 IX. RELEASE/REVISION RECORD ..................................................................................................................16 6/19/2013 Confidential / Do Not Reproduce P a g e |2 D352112X012 I. SCOPE This guide is intended to support a video content creator and content manager utilizing the power of video for global communications. Videos can come from multiple sources such as camera recordings, computer recordings, WebEx recordings, or professional production, but leverage global distribution techniques for internal and external communications. Videos will be distributed after proper content reviews using an Online Video Provider (OVP) called Brightcove (if available) or YouTube that enables the onetime upload that results in global distribution and viewer analytics. The objective is to provide uniform guidelines for business units to adapt video usage to the unique needs of the Emerson Process Management, Regulator Technologies, sales channel and market while protecting the Emerson Process Management brands and interests. II. DEFINITIONS A. Informational Video – Content is for promotional purposes and does not provide specific technical instruction. Is equivalent in terms of purpose as a brochure, promotional flyer, or similar type of content. B. Instructional Video – Content is for illustrating technical procedures detailed in technical documents like instructional and reference manuals. C. Internal Video – Content is confidential and intended for internal distribution only and is not intended for public distribution. D. External Video – Content is not confidential and intended for public distribution. 6/19/2013 Confidential / Do Not Reproduce P a g e |3 D352112X012 III. VIDEO GUIDELINES OVERVIEW There are four categories of Video Guidelines: Legal, MARCOM, Review, and Distribution. Below is a summary table for practical implementation of guidelines: This table is a summary. See respective sections below for complete details on each guideline. Category Guideline Legal Copyright – Always consult Regulator Technologies local Intellectual Property Counsel if you wish to incorporate non-Emerson content – pictures, stills, video (segments), sound recordings – into your video. Legal Product Liability – All videos must display disclaimer (located in subsection B-i under Legal Guidelines) for a minimum of 8 seconds and cover a minimum of 85% of the screen. Protection of Intellectual Property – Always consult Regulator Technologies local Intellectual Property Counsel if the video will contain Emerson or 3rd Party Intellectual Property. Legal Legal Content Provider – Non-Emerson individuals and entities cannot appear in video without proper consent reviewed by Regulator Technologies local Intellectual Property Counsel. This includes LBPs. Legal Content Provider – Independent contractors providing any type of content need to be retained under a properly prepared independent contractor agreement obtained from the Emerson Law Department. MARCOM Structure & Format – Each video should have an Introduction, Title, Content, Closing and Disclaimer and follow guidelines for format with a total duration of 3 minutes or less on a focused subject (exception: duration for educational videos may vary). MARCOM Recording & Editing - All videos, regardless of source, should have a final file type of MP4 to ensure minimum size while maintaining content quality. Review Internal Videos – Follow the content review process internal to each Regulator Technologies Business Unit for content creation and should follow Law Department and MARCOM guidelines. Review External Videos – In addition to review by the business unit, videos should be reviewed by the Law Department and MARCOM. Distribution External Videos – Should be distributed by MARCOM to Brightcove Video Players and/or YouTube. Distribution All Videos – Should contain links to more information to enable selflearning. 6/19/2013 Confidential / Do Not Reproduce P a g e |4 D352112X012 IV. LEGAL GUIDELINES There are four types of legal issues to address: Copyright, Product Liability, Protection of Intellectual Property, and Content Provider. A. COPYRIGHT i. There are several reasons why it is important to be familiar with the basic principles of copyright law: 1) to protect Regulator Technologies’ work and to control how others can use it; and 2) to know how to use copyrighted material with the owner’s authorization, or 3) to know to what extent Regulator Technologies can use another party’s material without obtaining authorization. 1. Copyright law is federal law that protects original works, as well as individual components, by providing exclusive rights to control unauthorized exploitation of the copyrighted work. Copyright protection is available for "original works of authorship." The Copyright Act protects still pictographs such as photographs, posters, drawings, graphic art, and display ads; motion pictures and other audiovisual works; and sound recordings. 2. Copyright protection occurs instantly when an "original" work of authorship is "fixed" in a tangible medium of expression. A work is "fixed" when it is made "sufficiently permanent or stable to permit it to be perceived, reproduced, or otherwise communicated for a period of more than transitory duration." For example, copying a file into the computer memory is sufficient duration for it to be "fixed". Registration with the copyright office is not required when enforcing Regulator Technologies’ copyright against infringers. Regulator Technologies generally does not register its copyrights. a. A work can incorporate pre-existing material (i.e. Regulator Technologies’ or another’s) and still be original. When pre-existing material is incorporated into a new work, the copyright on the new work covers only the original material contributed by the author. The work is considered "derivative" of the original work. b. Copyright law discriminates the "idea" from the "expression of the idea". Copyright protects the "expression" of a work but not the "idea" 6/19/2013 Confidential / Do Not Reproduce P a g e |5 D352112X012 of the work. For example, no one may copyright the exclusive right to draw a regulator or a relief valve, but when you capture that image in publication, the expression of the regulator or relief valve is copyrighted. Anyone who violates any of the exclusive rights of a copyright owner is an infringer. i. Example: An employee scanned a copyrighted photograph for a webpage. The employee altered the photograph by using digital editing software, and included the altered version of the photograph in a video work that was used to sell products to end-users or consumers. If the employee used the photograph without permission, the sale of the products infringed the copyright of the photograph by violating the reproduction rights the photograph, the distribution right (selling the altered photograph in his work) and the right to create derivative works (the altered work is derivative of the original). c. Copyright infringement occurs when someone uses a copyrighted work without permission (i.e. a license or assignment) and without a recognized defense for using the work without permission (e.g. fair use). Unauthorized copying occurs when an alleged infringer had access to the copyrighted work and that the alleged work is substantially similar to the copyrighted work. *Always consult Regulator Technologies’ local Intellectual Property Counsel prior to using another’s images, video, or sound recordings. d. Current technology makes it easy to combine material created by others into a video product. The technical ease of copying these works does not give Regulator Technologies the legal right to do so. Most of the third-party material Regulator Technologies will want to use in Regulator’s work is likely protected by copyright and likely belongs to someone else. Using copyrighted material without getting permission either by obtaining an "assignment" or a "license"- can have disastrous consequences incurring large economic damages. The owner of the 6/19/2013 Confidential / Do Not Reproduce P a g e |6 D352112X012 copyright can prevent the distribution of Regulator Technologies’ product and obtain damages from Regulator Technologies for infringement, even if Regulator Technologies did not intentionally include his or her material. In addition, Regulator Technologies might be liable to pay for other party's legal fees. e. Permission to use material is called a license. A license is typically limited in scope, amount, or duration. An assignment is generally understood to transfer all of the intellectual property rights in a particular work, although an assignment can be more limited in scope. f. There are a number of myths out there concerning the necessity of getting a license. Always consult Regulator Technologies local Intellectual Property Counsel if you wish to incorporate non-Emerson content – pictures, stills, video (segments), sound recordings – into your video. Don't make the mistake of believing them: i. "The work does not have a copyright notice on it so Regulator Technologies is free to use it" 1. For works published after 1989, use of copyright notice is optional. Absence of a copyright notice doesn't mean that the work is not protected by copyright. ii. "Regulator Technologies does not need a license because the work to be copied will be altered" 1. Regulator Technologies cannot escape liability for copyright infringement by altering or modifying the work you copy. Copyright owners have a right to modification as well as the copying and distribution. iii. "Regulator Technologies does not need a license because only a small portion of the copyrighted work will be used" 1. There are no "bright line" rules. Copying a small amount of a copyrighted work is infringement if what is copied is a “substantial portion” of the copied work. “Substantial” is a legal determination that would be 6/19/2013 Confidential / Do Not Reproduce P a g e |7 D352112X012 decide in expensive litigation if the alleged infringement is suspected. If you are copying, it is better to get a license unless fair use applies. Regulator Technologies cannot escape liability for infringement by showing how much of the protected work you did not take. iv. "I gave credit or attribution to all authors so Regulator Technologies does not need licenses" 1. If you give credit to a work's author, you are not a plagiarist, but you may be an infringer. B. PRODUCT LIABILITY ISSUES i. Each video produced must display the following disclaimer for at least eight (8) seconds and the text must occupy eighty-five percent (85%) of the video image: Emerson Process Management, Regulator Technologies, Inc. (“REGULATOR TECHNOLOGIES”), a business unit of Emerson Process Management, shall not be liable for technical or editorial errors in this video or omissions from this video. While this information is presented in good faith and believed to be accurate, REGULATOR TECHNOLOGIES does not guarantee satisfactory results from reliance upon such information, REGULATOR TECHNOLOGIES MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THIS MANUAL OR ANY OTHER MATTER WITH RESPECT TO THE PRODUCTS, NOR AS A RECOMMENDATION TO USE ANY PRODUCT OR PROCESS IN CONFLICT WITH ANY PATENT. IN NO EVENT SHALL REGULATOR TECHNOLOGIES BE LIABLE FOR ANY INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF PRODUCTION, LOSS OF PROFITS, LOSS OF REVENUE OR USE AND COSTS INCURRED INCLUDING WITHOUT LIMITATION FOR CAPITAL, FUEL AND POWER, AND CLAIMS OF THIRD PARTIES. The contents of this publication are presented for informational purposes only. While every effort has been made to ensure informational accuracy, they are not to be construed as warranties or guarantees, express or implied, regarding the products or services described herein or their use or applicability. REGULATOR TECHNOLOGIES reserves the right to modify or improve the designs or specifications of such products at any time without notice. REGULATOR TECHNOLOGIES does not assume responsibility for the selection, use or maintenance of any product. Responsibility for proper selection, use, and maintenance of 6/19/2013 Confidential / Do Not Reproduce P a g e |8 D352112X012 any REGULATOR TECHNOLOGIES product remains solely with the purchaser and enduser. ©2013 Emerson Process Management, Regulator Technologies Inc, a business unit of Emerson Process Management. All rights reserved. ii. Video content 1. Video content must be reviewed by the local Business Unit Product Safety Officer. C. PROTECTION OF INTELLECTUAL PROPERTY i. Protection of Regulator Technologies Intellectual Property 1. Prior to publishing any video, the video content producer must scrutinize the video for patentable subject matter with the appropriate Regulator Technologies business unit. Please consult the business unit officer or designee for IP clearance prior to distributing the video. 2. Use of Regulator Technologies/Emerson trademarks, service marks, company names, or trade names is subject to approval by the local Regulator Technologies Marketing/Business Development group. ii. Protection of Third Party Intellectual Property 1. Many Regulator Technologies contracts prevent the use of non-Emerson trademarks, service marks, company names, trade names or any publicity of any manner or form with express written authority. Under Emerson/Regulator Technologies policy, VIDEO CONTENT MAY NOT USE ANY FORM OF EMERSON TRADEMARKS, SERVICE MARKS, COMPANY NAMES, TRADE NAMES OR ANY PUBLICITY OF ANY MANNER OR FORM WITHOUT LEGAL REVIEW AND APPROVAL FROM THE LEGAL OWNER/ASSIGNEE OF SUCH TRADEMARKS, SERVICE MARKS, COMPANY NAME OR TRADE NAME. a. The prohibition under subparagraph (a) above includes not only direct references, but also restricts any visual background content that may be present in the video. 6/19/2013 Confidential / Do Not Reproduce P a g e |9 D352112X012 D. CONTENT PROVIDER ISSUES i. Any video content provided by non-Emerson individuals or entities must be fully vetted prior to inclusion within the video and any non-Emerson personnel must be approved by Regulator Technologies Management/Law Department to avoid copyright and publicity issues. 1. Independent Contractor – all non-Emerson individuals or entities providing content – images, renderings, drawings, photographs, video, voice or sound recordings – must be retained under a properly prepared independent contractor agreement obtained from local Intellectual Property Counsel. 2. Model Releases Agreement – all non-Emerson or Emerson non-exempt personnel appearing in content – images, renderings, drawings, photographs, video, voice or sound recordings – must have executed a properly prepared Model Releases Agreement before the content can be displayed or distributed. The Model Release Agreement can be obtained from local Intellectual Property Counsel. 3. License and Assignments – all content not originally produced by Emerson employees must be subject to a properly prepared License Agreement or Assignment. Please consult your local Intellectual Property Counsel prior to engaging or incorporating such content into your video. 6/19/2013 Confidential / Do Not Reproduce P a g e | 10 D352112X012 V. MARCOM GUIDELINES There are two MARCOM issues to address in order to provide consistent content across multiple business units and topics. The topics are Structure and Format and Recording and Editing. A. VIDEO STRUCTURE i. Each External Video needs to be created with the following structure: 1. Introduction 2. Title 3. Content 4. Closing 5. Disclaimer ii. Introduction Scene – The Introduction scene is a standard video clip that helps an audience obtain a preliminary orientation to the proceeding content. It promotes Regulator Technologies’ Brands and product Sub-Brands as well as areas of expertise. 1. A category of videos is defined by the brand. Examples: a. Emerson Process Management Regulator Technologies (Legal Entity) b. Fisher, Tescom, etc (Product brand) c. CS800 Commercial Service Regulator (sub-brand) d. Installation e. Service f. Etc 2. If a video cannot be categorized by a Sub-Brand, then the introduction should revert to the Product Brand. 3. Sub-Brand Introductions must promote the Sub-Brand and the Product Brand. 4. The Introduction Scene should be longer than 5 seconds and shorter than 15 seconds and communicate the brand. 6/19/2013 Confidential / Do Not Reproduce P a g e | 11 D352112X012 5. Introduction Scenes should be professionally produced. This helps to ensure a consistent look and feel. (Not all content scenes need to be professionally produced.) 6. Consult MARCOM for more information or help creating an Introduction Scene. 7. Internal videos can omit a standard introduction scene. Note: It is strongly recommended however, that you do include a proper introduction since the video may be seen by a customer or may become an external video. iii. Title Scene – The Title Scene introduces the specific content of the video and communicates the name by which the video is referenced. 1. Title Scene should include Title, Copyright, and Emerson Process Management and Regulator Technologies logos. 2. Title Scene should last for no longer than 5 seconds. iv. Content Scene – The content scene can consist of several scenes to convey knowledge on a specific topic. 1. Total content length should not be longer than 180 seconds (3 minutes). Exceptions do apply, but typical audience attention span does not last longer. Examples for exception are training videos that may be significantly longer depending on the length of the class. 2. Content can be professionally created or produced by non-professional means depending on the audience. 3. The Regulator Technologies Video Script Template supports development of videos produced internally or professionally. (See MARCOM for a copy.) 4. Content must abide by all legal guidelines. Below is summary recap, see section on Legal Guidelines for complete treatment: a. All content used must be either Emerson created or have appropriate copyright. Key Example – music and images cannot be used unless copyright guidelines are satisfied. b. All non-Emerson individuals and entities must have a signed Model Release Form. 6/19/2013 Confidential / Do Not Reproduce P a g e | 12 D352112X012 c. Do not disclose confidential information or intellectual property. 5. Content is best when focused to a specific topic of knowledge since video content is not directly searchable and the audience does not have long attention spans. Examples: a. Overview of product features and key marketing message. b. Detailed presentation of specific product feature or application. c. Specific instructional knowledge. Do not try to replace an entire reference manual with a single video. 6. Content should feature Emerson subject matter experts either in appearance or voice. 7. Video background must meet legal guidelines prior to recording to ensure passing content review. 8. Appearance of personnel in videos must also meet legal guidelines: a. No focus on non-Emerson brands. Be aware of trademarks and logos on: i. Apparel – Clothes, jackets, etc. ii. Safety Gear – Hardhats, Nomex, etc. b. Emerson personnel must wear an Emerson shirt. 9. Any text appearing in the content should use an approved font. Consult with MARCOM. 10. Internal Videos must display “Emerson Confidential” throughout the video, centered at the bottom of the frame. v. Closing Scene – The closing scene should signify the end of the video and provide further instruction. 1. Closing should state: “Contact your Local Business Partner (LBP) or Distributor for more information” for external videos. 2. Provide additional relevant direction for more information to enable selflearning. 3. Consider using a QR code and creating it as a direct link. 4. Verify all links to more information are established prior to publishing. 6/19/2013 Confidential / Do Not Reproduce P a g e | 13 D352112X012 vi. Disclaimer Scene – Every video produced must have the standard Disclaimer displayed for a minimum of 8 seconds and covering more than 85% of the frame at the end of the video. 1. The Disclaimer text is found in “Product Liability” section of this document. 2. MARCOM has a standard Disclaimer Clip that can be edited into the video. B. VIDEO RECORDING AND EDITING i. Independent contractors can support the development of script, recording and editing. ii. Content can also be produced internally using the standard script template, video editing software, and a variety of video capture tools. 1. See MARCOM for support. iii. All final edit should be produced in the mp4 format in order to: 1. Minimize file size for easy transmission to mobile devices 2. Be playable on Apple, Android, and Microsoft operating systems. VI. REVIEW GUIDELINES A. Internal videos for internal audiences should follow all Legal guidelines and an internal business group review process. Internal videos may be adapted into external videos and should follow the MARCOM guidelines. B. Informational videos for external audiences and distribution should be reviewed by the business group, MARCOM, and legal. C. Instructional videos for external audiences and distribution should be reviewed by the business group, MARCOM, Legal, and Educational Services. VII. DISTRIBUTION GUIDELINES A. Videos can be distributed internally and externally. B. Externally distributed videos should be posted on Emerson external web, YouTube, and Brightcove players by MARCOM and not by the business units. C. Internal videos can be posted on internal Brightcove players that are locked down for internal viewing only. 6/19/2013 Confidential / Do Not Reproduce P a g e | 14 D352112X012 i. If a Regulator Technologies Business Unit wants an internal Brightcove player, then discuss with the Regulator Technologies Information Resources Department. D. Each Video should contain the following to enable search ability and audience self- learning for internal and external audiences. i. Up to 5 links for more information. Options include but are not limited to: 1. Proven Results 2. Technical references like manuals and white papers 3. Promotional information like brochures 4. Websites for more general information ii. Brief description iii. Key word tags for searching 1. Example: Emerson, Regulator Technologies, Fisher, CS800, Commercial Service Regulator VIII. REFERENCE EXAMPLES A. Regulator Technologies YouTube Channel – External Example i. http://www.youtube.com/user/EmersonRegulators B. Emerson External Web i. http://www3.emersonprocess.com/videos/CONTENT/ThomasWeyerFisherEZHandTartariniFLTransmissionandDistributionRegulators/player.html 6/19/2013 Confidential / Do Not Reproduce P a g e | 15 D352112X012 IX. RELEASE/REVISION RECORD Release/Revision: A Date: 6/19/2013 Written by: Tiffany Sonnier Approved: Stephanie Law, John Dilger Date Approved: Departments: 6/07/13 MARCOM, Natural Gas Marketing, Legal Revision: B Date Revised: Revised by: Checked and Approved by: Date Checked and Approved: ECRN: Reason: Revision: C Date Revised: Revised by: Checked and Approved by: Date Checked and Approved: Reason: 6/19/2013 Confidential / Do Not Reproduce P a g e | 16