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Off-Air Videotape Recording for Educational Purposes
The following "Guidelines for Off-the-Air Recording of Broadcast Programming for Educational Purposes" were developed by the Kastenmeir House Committee in 1979 and ratified by a House subcommittee in 1981. Using the fair use doctrine, these guidelines provide for classroom use of most off-air videotaped recordings.
Videotaped recordings may be kept for no more than 45 calendar days after the recording date, at which time the tapes must be erased.
Videotaped recordings may be shown to students only within the first 10 school days of the 45-day retention period.
Off-air recordings must be made only at the request of an individual instructor for instructional purposes, not by staff in anticipation of later requests.
The recordings are to be shown to students no more than two times during the 10-day period, and the second time only for necessary instructional reinforcement.
The taped recordings may be viewed after the 10-day period only by instructors for evaluation purposes, to determine whether to include the broadcast program in the curriculum in the future.
If several instructors request videotaping of the same program, duplicate copies are permitted to meet the need; all copies are subject to the same restrictions as the original recording.
Off-air recordings may not be physically or electronically altered or combined with others to form anthologies, but they need not necessarily be used or shown in their entirety.
All copies of off-air recordings must include the copyright notice on the broadcast program as recorded.
These guidelines apply only to nonprofit educational institutions, which are further expected to establish appropriate control procedures to maintain the integrity of these guidelines.