 Copyright
Guidelines/Fair Use Policy
Summary of Off-Air Guidelines
The guidelines apply only to non-profit educational
institutions.
A program may be recorded off-air and retained by
the school for forty-five (45) consecutive days. However,
the program may be used for instructional activities
only during the first ten (10) consecutive school days
following the recording. During these ten (10) days,
the program may be used once in the course of teaching,
and repeated once only when reinforcement is necessary.
The rest of the retention period, up to the end of
the forty-five (45) days, is to be used for teacher
evaluation purposes only, i.e., to determine whether
or not to include the program in the teaching curriculum.
During this time permission to retain the program for
a longer period of time must be sought. Upon conclusion
of the forty-five (45) days, the recording must be
erased.
Off-air recordings may be made only at the request
of individual teachers, and may not be recorded in
anticipation of requests. A given teacher cannot request
the same program be recorded more than once.
A limited number of copies of the recording may be
made. These copies are subject to the same provisions
as the original recording.
Off-air recordings need not be used in their entirety,
but they may not be altered from their original content.
They may not be combined to create teaching anthologies.
Film to Video Transfers
The Digital Millenium Copyright Act goes much further
in allowing such duplication. The term "phono
record" has been extended to include the terms
"copy" and "work" in addition to
"phono record". In some cases, the law allows
duplication of up to 3 copies.
BUT there are limitations.
- The law applies ONLY to libraries and/or archives.
(One argument for wrapping the media collection into
the institution's library holdings).
- The duplication is non-commercial (NO, you cannot
duplication your copies of "El Norte" or
"Race for the Double Helix" to sell to
others).
- Your collection is open to the public. (That does
NOT mean available for LOAN... only that others may,
at least, use your collection on site).
- The duplicated copy includes a copyright notice,
either from the original, or a new notice that it
may be protected by copyright.
- The institution already owns a copy. (No borrowing
from another institution to make a copy for your
institution).
- Good faith effort has been conducted to obtain
an UNUSED copy at a REASONABLE price. (Strong encouragement
to document your efforts.)
- This last point is one of the most hotly contested
issues (it was in the older version of the copyright
law as well) "New old stock" of media is
rare. And "reasonable" is not defined.
For purposes of this subsection, a format shall be
considered obsolete if the machine or device necessary
to render perceptible a work stored in that format
is no longer manufactured or is no longer reasonably
available in the commercial marketplace.
Digital Millennium Copyright Act ("DMCA")
www.keytlaw.com/Copyrights/dmca.htm
Association of College and Research Libraries
Guidelines for Media Resources in Academic Libraries
www.ala.org/acrl/guides/medreg.html
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