Guidelines for off-air recording of broadcast programming for educational use specify periods of retention and use of such off-air recordings in classrooms and similar places devoted to instruction and for home-bound instruction. These guidelines were established to provide standards for both owners and users of copyrighted television programs.

1. The guidelines apply only to off-air recording by nonprofit educational institutions.

2. A broadcast program may be recorded off air simultaneously with broadcast transmission (including simultaneous cable retransmission) and be retained by a nonprofit educational institution for a period not to exceed forty-five (45) consecutive calendar days after the date of recording. Upon completion of this retention period, all off-air recordings must be erased or destroyed.

3. Off-air recordings may be used once by individual instructors in the course of relevant teaching activities, 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."

   Definitions

   "Broadcast programs" are television programs transmitted by television stations for reception by the general public without charge.
   
   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 instructors. Off-air recordings may not be 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 is 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 additional copy shall be subject to all provisions governing the original recording.

6. 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 teaching curriculum. It 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 as it appeared in the broadcast program.

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

   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.

   ITV

   All ITV classes broadcast by KTSC (Channel 8) may be retained for use according to the limits specified in KTSC's program guide.

PCC broadcasts some telecourses on AT&T channel 18. Check with the Educational Technology Department regarding the licensing agreement.

NOTE: As a result of a March 1983 Federal Court decision, 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."

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.