Contents:

• Summary of Off-Air Recordings
• Guidelines for Educational Fair Use of Off_Air Recording
• Guidelines for Classroom Use of Rented or Purchased Video Content

With regard to off-air recording, the Instructional Technologies staff upholds the GUIDELINES FOR OFF-AIR RECORDING OF BROADCAST PROGRAMMING FOR EDUCATIONAL PURPOSES. In 1981, this set of guidelines were developed to apply fair use to the use of television broadcast programs for educational purposes. They address (1) under what conditions a program may be recorded off broadcast television, (2) under what conditions the recorded program may be used, and (3) how long the recorded program may be retained. Below is a brief summary, followed by the full text of the guidelines.

First, a brief clarification: broadcast, or "off-air" programs are television programs broadcast via airwaves to the general public for free. If the program is broadcast but you can simultaneously receive it via cable, satellite, or other technology, these guidelines do apply. The guidelines do not apply to programs which are not freely available, such as cable premium channels like HBO or Showtime, or any cable channel which is not being simultaneously broadcast.

Summary of Off-Air Guidelines
The guidelines apply only to non-profit educational institutions.

A program may be recorded off-air and retained by the school for forty-five (45) consecutive days. However, the program may be used for instructional activities only during the first ten (10) consecutive school days following the recording. During these ten (10) days, the program may be used once in the course of teaching, and repeated once only when reinforcement is necessary. The rest of the retention period, up to the end of the forty-five (45) days, is to be used for teacher evaluation purposes only, i.e., to determine whether or not to include the program in the teaching curriculum. During this time permission to retain the program for a longer period of time must be sought. Upon conclusion of the forty-five (45) days, the recording must be erased.

Off-air recordings may be made only at the request of individual teachers, and may not be recorded in anticipation of requests. A given teacher cannot request the same program be recorded more than once.

A limited number of copies of the recording may be made. These copies are subject to the same provisions as the original recording.

Off-air recordings need not be used in their entirety, but they may not be altered from their original content. They may not be combined to create teaching anthologies.

Full text of Guidelines for Off-Air Recording of Broadcast Programming for Educational Purposes
[The following excerpts are reprinted from the House Report on piracy and counterfeiting amendments (H.R. 97-495, pages 8-9).]

In March 1979, Congressman Robert Kastenmeier, Chairman of the House Subcommittee on Courts, Civil Liberties and Administration of Justice, appointed a Negotiating Committee consisting of representatives of educational organizations, copyright proprietors, and creative guilds and unions. The following guidelines reflect the Negotiating Committees consensus as to the application of fair use to the recording, retention, and use of television broadcast programs for educational purposes. They specify periods of retention and use of such off-air recordings in classrooms and similar places devoted to instruction and for homebound instruction. The purpose of establishing these guidelines is to provide standards for both owners and users of copyrighted television programs.

(1) The guidelines were developed to apply only to off-air recording by non-profit educational institutions.

(2) A broadcast program may be recorded off-air simultaneously with broadcast transmission (including simultaneous cable transmission) and retained by a non-profit educational institution for a period not to exceed the first forty-five (45) consecutive calendar days after date of recording. Upon conclusion of such retention period, all off-air recordings must be erased or destroyed immediately. Broadcast programs are television programs transmitted by television stations for reception by the general public without charge.

(3) Off-air recordings may be used once by individual teachers in the course of relevant teaching activities, and repeated once only when instructional reinforcement is necessary, in classrooms and similar places devoted to instruction within a single building, cluster, or campus, as well as in the homes of students receiving formalized home instruction, during the first ten (10) consecutive school days in the forty-five (45) day calendar day retention period. School days are school session days not counting weekends, holidays, vacations, examination periods, or other scheduled interruptions within the forty-five (45) calendar day retention period.

(4) Off-air recordings may be made only at the request of, and used by, individual teachers, and may not be regularly recorded in anticipation of requests. No broadcast program may be recorded off-air more than once at the request of the same teacher, regardless of the number of times the program may be broadcast.

(5) A limited number of copies may be reproduced from each off-air recording to meet the legitimate needs of teachers under these guidelines. Each such additional copy shall be subject to all provisions governing the original recording.

(6) After the first ten (10) consecutive school days, off-air recording may be used up to the end of the forty-five (45) calendar day retention period only for teacher evaluation purposes, i.e., to determine whether or not to include the broadcast program in the teaching curriculum, and may not be used in the recording institution for student exhibition or any other non-evaluation purpose without authorization.

(7) Off-air recordings need not be used in their entirety, but the recorded programs may not be altered from their original content. Off-air recordings may not be physically or electronically combined or merged to constitute teaching anthologies or compilations.

(8) All copies of off-air recordings must include the copyright notice on the broadcast program as recorded.

(9) Educational institutions are expected to establish appropriate control procedures to maintain the integrity of these guidelines.

Fair Use Guidelines for Educational Multimedia
These guidelines apply to the use, without permission, of portions of copyrighted works in educational multimedia projects.

FAQs
1. Can I use a film or videotape in the classroom which I have rented or purchased?

This question raises the issue of public performance. Using a film or videotape in such a way constitutes a performance, and one of the most important rights of a copyright owner is the right to authorize public performances. However, the program may be used for teaching, under certain conditions. Section 110(1) of the copyright law enables teachers to use such programs without a public performance license. There are five conditions which must be satisfied:

• the use must take place at a not-for-profit institution
• the use must occur in a classroom or similar place used for instruction
• the use must be part of the regular instructional process (not extra-curricular or recreational)
• the use must be by the teacher and the students, who must be "face to face", i.e., in the same room or general area
• the videotape copy must be lawfully made
  

 

The above content is used with permission of Susan F. Brower brower@loyno.edu, Media Services Coordinator, Loyola University New Orleans Phone: (504) 864-7112 ; (504) 864-7247 New Orleans, LA 70118