Long Beach Unified School District, 1992
Guidelines for the Use of Television Off-the-Air Taping
- Permitted Uses
An individual educator may:
- Record a broadcast program off-air simultaneously with broadcast transmission, including simultaneous cable retransmission, 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 immediately. Broadcast programs are television programs transmitted for reception by the general public without charge. Individuals who wish to retain programs beyond the 45-day period need to obtain written approval of appropriate copyright holders.
- 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. These recordings may be shown 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.
- 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 broadcast program should be purchased for the curriculum). The program may not be used for student exhibition or any other nonevaluation purpose without written authorization.
- Use copies of off-air recordings, as stipulated in these guidelines, only if the copies include the copyright notice on the broadcast program.
- Request that off-air recording be made for fair use. This recording can be made only at the request of, and for use by, individual teachers; it cannot be recorded in anticipation of an educator's request. A limited number of additional copies may be reproduced from each off-air recording to meet the legitimate needs of teachers under these guidelines. Each such additional copy shall be subject to all provisions governing the original recording. 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.
- Request that a library 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.
- RETAC (Regional Educational Television Advisory Council): LBUSD's K-12 RETAC contract provides that all programs licensed by RETAC may be copied and shown in accordance with the guidelines in the RETAC resource book.
- Public and commercial television programs should not be used in the classroom unless they have been evaluated and found to be suitable for instructional purposes by responsible school personnel.
- Prohibited Uses An individual educator cannot:
- Tape off-air programs in anticipation of an educator's requests.
- Request that a broadcast program be recorded off-air more than once for the same educator, regardless of the number of times the program may be broadcast.
- Use the recording for instruction after ten consecutive school days.
- Hold the recording for a week or indefinitely because (1) units needing the program concepts are not taught within the ten-day use period; (2) an interruption or technical problems delayed its use; or (3) another teacher wishes to use it, or any other supposedly "legitimate" educational reason.
- Record programs off-air without written permission from the author/producer/distributor when a special notice is provided specifically prohibiting reproduction of any kind.
- Alter off-air programs from their original content. Broadcast recordings may not be physically or electronically combined or merged to constitute teaching anthologies or compilations.
Note: The copying or use of subscription programs transmitted via subscription television cable services, such as HBO or Showtime, is illegal. Such programs are licensed for private home use only and cannot be used in public schools. "Pay" programs received via satellite dish are subject to these guidelines.