Reproduction of Television/Video Programming
These guidelines apply only to off-air recording by non-profit education institutions:
- A broadcast program may be recorded off-air simultaneously with broadcast transmission (including simultaneous cable re-transmission) and retained by a non-profit education 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 recording must be erased or destroyed immediately.
- "Broadcast programs" are television programs transmitted by television stations for reception by the general public without charge.
- 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) calendar day retention period.
- "School days" are school session days, not counting weekends, holidays, vacations, examination periods or other schedules interruptions, within the forty-five calendar day retention period.
- 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 broadcast.
- 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.
- 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.
- Off-air recording need not be used in their entirety, but all the recorded programs may not be altered from their original content.
- Off-air recording may not be physically or electronically combined or merged to constitute teaching anthologies or compilations.
- All copies of off-air recordings must include the copyright notice on the broadcast program.
- The fair use policies of off-air recordings limit such privileges to educational institutions. It requires that each institution central this process. Therefore, recordings made off-air by non-authorized members of the institution are a violation.
- Rental audio and video programming obtained through commercial home entertainment outlets are licensed for home entertainment only. Use in the classroom and for group performance is strictly prohibited.