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Medium |
What You Can Do |
Fine Print |
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Off air recordings |
Record off air simultaneously with broadcast transmission |
Includes simultaneous cable transmission |
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Retain 45 consecutive calendar days |
May be retained by a nonprofit educational institution.
Erase recording after 45 day retention period. “School days” are school session days – not counting weekends, holidays, vacations, examination periods, or other scheduled interruptions – within the 45 calendar day retention period. |
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Use once in classrooms during the first 10 consecutive days after recording |
May be used in classroom a second time when instructional reinforcement is needed. |
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Use in classrooms and similar places devoted to instruction. |
Classroom is within a single building, cluster, or campus. |
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Definition |
"Broadcast programs" are television programs transmitted by television stations for reception by the general public without charge. |
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A limited number of copies may be reproduced from each off-air recording |
The copies must meet the legitimate needs of teachers under these guidelines. Each additional copy shall be subject to all provisions governing the original recording. |
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Use for instructor evaluation purposes. |
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 the instructor to determine whether or not to include the broadcast program in the teaching curriculum. It may not be used in the recording institution for student exhibition or any other non-evaluation purpose without authorization. |
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Off-air recordings need not be used in their entirety. |
Recorded programs may not be altered from their original content. |
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Educational institutions will: |
Establish appropriate control procedures to maintain the integrity of these guidelines.
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Educators may not: |
Off-air recordings may not be physically or electronically combined or merged to constitute teaching anthologies or compilations. |
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ITV |
All ITV classes may be retained for use according to the limits specified in the program guide. |
Check with the Educational Technology Department regarding the licensing agreement. |
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Home Viewing Rights |
The off-air "fair use" guidelines for education should not be confused with the more sweeping rights currently granted the private citizen for private (home) viewing. |
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Federal Court Ruling |
Extreme caution is urged in off-air taping of copyrighted materials. The United States District Court of Western New York ruled that "any temporary videotaping and playback in classrooms of copyrighted materials readily available by rental, lease, or license duplicating agreement is infringement and is not fair use." |
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Recommendation: |
Should information regarding distribution and/or purchase of a program be included in the broadcast, the program should be purchased and the copy destroyed. |