Audiovisual Materials

Videotape Copyright Policy

1. The ethical and practical problems caused by illegally videotaping programs will be taught in all schools in the district.

2. Unless given written permission from the publisher, video programs may not be duplicated; illegal copies of copyright programs may not be made or used on school equipment.

3. District employees will be expected to adhere to the following interpretations of 17 U.S.C. § 107 regarding “off-air” recordings:

a. A broadcast program may be recorded off-air simultaneously with broadcast transmission (including simultaneous cable retransmission) and retained by a nonprofit educational institution for a period not to exceed the first 45 consecutive calendar days after date of recording. Upon conclusion of such retention period, all off-air recordings must be erased or destroyed immediately. “Broadcast programs” are television programs transmitted by television stations for reception by the general public without charge.

b. Off-air recordings may be used once by individual teachers in the course of relevant teaching activities, and repeated once only when instructional reinforcement is necessary, in classrooms and 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.

Videotape Copyright Policy (continued) P6162.1.3

c. 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.

d. A limited number of 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.

e. 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.

f. Off-air recordings need not be used in their entirety, but the recorded program 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.

g. All copies of off-air recordings must include the copyright notice on the broadcast program as recorded.

h. The legal or insurance protection of the district will not be extended to employees who violate copyright laws.

4. The superintendent of schools is designated as the only individual who may sign license agreements for broadcast and pre-recorded videotape programs.

5. The principal of each school or the chief administrative officer of each support unit is responsible for establishing practices which will enforce this policy.

6. Failure to strictly adhere to the provisions as stated shall be grounds for disciplinary action against an employee, including dismissal.

Videotape Copyright Policy (continued) P6162.1.3


Legal: 17 U.S.C. § 107.
Guidelines for Off-the-Air Recording and Broadcast Programming for Education Purposes, Cong. Rec. §E4751, October 14,1981

Policy adopted: February 9, 1999

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