Policy Code: EGAAA-E

Adoption Date: Tuesday, February 25th, 2003

Review Date: Tuesday, August 26th, 2008


(Fair Use Guidelines for Audiovisual Materials)

  1. A broadcast program may be recorded off-air simultaneously with broadcast transmission (including simultaneous cable transmission) and retained by a nonprofit educational institution for a period not to exceed the first 45 calendar days after date of recording. Upon conclusion of such retention period, all off-air records must be erased or destroyed immediately.

  2. Off-air recordings may be used once by individual teachers in the course of relevant teaching activities, and repeated once only when instruction 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 10 consecutive school days in the 45 calendar 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.

  3. Off-air recordings may be made only at the request of and used by individual teachers, 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 teacher, regardless of the number of times the program may be broadcast.

  4. Individual teachers may request a copy be reproduced from each off-air recording to meet their legitimate needs under these guidelines. Each such additional copy shall be subject to all provisions governing the original recording.

  5. After the first 10 consecutive school days, off-air recordings may be used up to the end of the 45 calendar day retention period only for teacher evaluation purposes; i.e., to determine whether or not to include the broadcast program in the teaching curriculum, and may not be used in the recording institution for student exhibition or any other non-evaluation purpose without authorization.

  6. 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.

  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.

(Agreement formulated January 1982 by commission on "fair use" of audiovisual materials.)