a. An individual educator may:
1) Record a broadcast program off-air simultaneously
with broadcast transmission and retain the recording for a period not
to exceed the first 45 consecutive calendar days after the date of the
broadcast. At the conclusion of the retention period, all off-air recordings
shall be erased or destroyed. Individuals who wish to retain programs
beyond the 45-day period need to obtain written approval of appropriate
copyright holders.
Note: Broadcast programs are programs transmitted
for reception by the general public without charge. Copying or use of
subscription programs transmitted via subscription cable or satellite
services (e.g., HBO or Showtime) is illegal.
2) Use off-air recordings once for each class in
the course of relevant teaching activities during the first ten consecutive
school days in the 45-day retention period and repeat once only when
instructional reinforcement is necessary.
3) After the first ten consecutive school days,
use off-air recordings to the end of the 45-calendar day retention period
for evaluation purposes only (i.e., to determine whether the program
should be purchased for the curriculum.) The program may not be used
for any non-evaluation purpose without written authorization.
4) Use copies of off-air recordings, as stipulated
in these guidelines, only if the copies include the copyright notice
on the broadcast program.
5) Request that off-air recording be made for fair
use. A limited number of additional copies may be reproduced to meet
the legitimate needs of instructors under these guidelines. Additional
copies are subject to all the provisions governing the original copy.
No broadcast program may be recorded off-air more than once at the request
of the same instructor.
6) Request that a library or media center record
and retain for research purposes commercial television news programs
from local, regional or national networks; interviews concerning current
events; and on-the-spot coverage of news events. However, documentary,
magazine-format and public affairs broadcasts are not included in the
definition of daily newscasts of major events of the day.