Uses and Applications

Guidelines for Off-Air Recording of Broadcast Programming for Educational Purposes

The following guidelines were developed to apply only to off-air recording by non-profit educational institutions:

1. A broadcast program may be recorded off-air simultaneously with broadcast transmission (including simultaneous cable re-transmission) and retained by a nonprofit educational college for a period not to exceed forty-five (45) 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.
2. Off-air recordings may be used once by individual instructors in the course of relevant instruction 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 urin 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, half days, vacations, examination periods or other scheduled interruptions-within the forty-five calendar day retention period.
3. Off-air recordings may be made only at the request of and used by individual instructors 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 instructor, regardless of the number of times the program may be broadcast.
4. A limited number of copies may be reproduced from each off-air recording to meet the legitimate needs of instructors under these guidelines. Each such additional copy shall be subject to all provisions governing the original recording.
5. After the first ten (10) consecutive school days, off-air recordings may be used up to the end of the forty-five (45) calendar day retention period only for instructor evaluation purposes; i.e., to determine whether or not to include the broadcast program in the instructional curriculum and any not be used in the recording institution for student exhibition or any other nonevaluation purpose without authorization.
6. Off-air recordings need not be used in their entirely, 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.
7. All copies of off-air recordings must include the copyright notice on the broadcast program as recorded.
8. Educational institutions are expected to establish appropriate control procedures to maintain the integrity of these guidelines.