1985 Policy for Off-Air Recording of Broadcast Programming for Educational Purposes

Appendix A

Definitions

• Broadcast Television Transmission (Broadcast Television Program): Any copyrighted television program transmitted (via radio frequency and/or cable) without charge to the general public by a licensed television station is subject to adherence by University of California staff and faculty to the University Policy for Off-Air Recording. This does not include daily network newscasts, programs which are part of the public domain, or programs which are compelled to provide a license to non-profit educational institutions without fee, such as programs funded by California Public Broadcasting Commission (CPBC) contract or grant or funded by the CPBC/CCH (California Council for the Humanities) joint fund.. On request and free of cost, the University of California will receive a blanket license for off-air recording and unlimited non-broadcast use of any program produced under a CPBC contract or grant and/or under a joint grant from the CPBC/CCH.

• Fair Use: The doctrine of fair use for copyrighted materials contained in 17 United States Code section 107, states:

Section 107. Limitations on exclusive rights: Fair use Notwithstanding the provisions of section 106, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include--

(1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;

(2) the nature of the copyrighted work;

(3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and

(4) the effect of the use upon the potential market for or value of the copyrighted work.

Fair use excerpts of copyrighted materials do not require copyright owner permission or licensing to use. However, fair use segments of copyrighted materials recorded off-air will not be physically or electronically combined or merged to create a teaching anthology intended to be sold without first obtaining the proper permission from the copyright owner or his/her copyright licensing agent.

• Forty-Five Calendar Day Retention Period: the first forty-five consecutive calendar days after the date a television program is recorded off-air by the University. During this time the decision must be made whether to retain an off-air recording. Any off-air recording will be erased at the end of the forty-five days, if no request is made in writing to the policy implementing officer to keep it. If an off-air recording is required for instructional or research use beyond the first ten-consecutive-school-day period, a written explanation of the circumstances must be submitted to the policy implementation officer within the forty-five calendar day retention period.

• Off-Air Recording: any recording via tape, disc or other media from a copyrighted broadcast television transmission, including simultaneous cable retransmission of a copyrighted television program.

• Off-Air Recording Exhibition Location:a classroom, place of instruction, library, archive, ITFS (Instructional Television Fixed Service) receive site, media center, and/or other location where off-air recorded programs will be viewed for educational purposes.

• Officer Responsible for Implementing this Policy: the person authorized by the Chancellor to implement the provisions of the "University of California Policy for Off-Air Recording of Broadcast Programming for Educational Purposes" at a University of California campus. For Universitywide offices and facilities not affiliated with a campus, this officer will be designated by the Senior Vice President--Administration.

• Ten-Consecutive-School-Day-Period: the first ten school days within the first forty-five calendar days following off-air recording of a broadcast television program. These school days do not include weekends, holidays, vacations, examination periods, or other scheduled interruptions. During this time, an off-air recording should be viewed by each faculty member requesting such use twice per class at most --once for instructional purposes and once for instructional reinforcement purposes.