broadcast to the general public without charge, not to pay-TV programs. (Today this would include basic cable, but not premium channels such as HBO.) Third, the purpose of the taping must be instructional, rather than for entertainment or recreational purposes. Fourth, requests to tape programs must be made by the instructor, rather than ordered from above by, say, the school system. Here are the details.
- You may tape a program only once at the request of the same teacher.
- You may play a recorded program for students only in the course of teaching, and again for reinforcement, within the first ten consecutive school days after the taping.
- You may retain a recording for up to forty-five days after it is recorded, after which time it must be erased or destroyed. After the first ten school days, the recordings may be used up to the end of the forty-five day period only for teacher evaluation purposes.
- You may use a taped program in classrooms and other places in the institution devoted to instruction (presumably including the library), and also in homes of students receiving formalized home instruction.
- You may make a limited number of copies of each recording to meet the needs of teachers. These copies are subject to the same rules that govern the original recording.
- You need not use a program in its entirety, but you may not alter it from its original content so as to change its meaning.
- You may not physically or electronically combine or merge a recording to create a teaching anthology or compilation.
- You must include on all copies the copyright notice as it appeared on the broadcast program as it was recorded.
- An educational institution must establish control procedures that enable it to comply with the Guidelines.
The Guidelines provide a safe harbor. Taping within them would certainly be permissible, but some uses outside the Guidelines also may be permitted as a fair use.
Example 1
Madison High School teacher Connie Brooks tapes a program to show to her class. Student Walter Denton saw the program in class, and asks to see it again three weeks after the first showing because he is working on a term paper.
