Images, Video & Broadcast Recordings

Best Practices

• • Statement on the Fair Use of Images for Teaching, Research, and Study – Visual Resources Association (VRA)
  • Teaching Tools for Fair Use in the Visual Arts
  • Code of Best Practices in Fair Use for Online Video
  • Code of Best Practices in Fair Use for the Visual Arts
  • Society for Media and Film Studies’ Statement of Best Practices in Fair Use in Teaching for Film and Media Educators
  • Fair Use Guidelines For Showing Films in the Classroom – American Library Association (ALA)
  • General Questions about Videos/Movies and Fair Use – American Library Association (ALA)

The following excerpts are reprinted from the Circular 21: Reproduction of Copyrighted Works by Educators and Librarians (Section F, Page 22).

The purpose of establishing these guidelines is to provide standards for both owners and users of copyrighted television programs.

1. 1. The guidelines were developed to apply only to off air recording by non-profit educational institutions.
   2. A broadcast program may be recorded off-air simultaneously with broadcast transmission (including simultaneous cable transmission) and retained by a non-profit educational institution for a period not to exceed the first forty-five (45) consecutive calendar days after date of recording. Upon conclusion of such retention period, all off air recordings must be erased or destroyed immediately.
   3. 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 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 ten (10) consecutive school days in the forty-five (45) day calendar day retention period.
   4. 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.
   5. 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.
   6. After the first ten (10) consecutive school days, off air recording may be used up to the end of the forty-five (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.
   7. 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.
   8. All copies of off-air recordings must include the copyright notice on the broadcast program as recorded.
   9. Educational institutions are expected to establish appropriate control procedures to maintain the integrity of these guidelines.

Definitions

Broadcast programs – Television programs transmitted by television stations for reception by the general public without charge.
School days – School session days—not counting weekends, holidays, vacations, examination periods, or other scheduled interruptions—within the forty-five (45) calendar day retention period.