In March of 1979, Congressman Robert Kastenmeier, Chairman of the House Subcommittee on Courts, Civil Liberties and Administration of Justice, appointed a Negotiating Committee consisting of representatives of education organizations, copyright proprietors, and creative guilds and unions. The following guidelines reflect the Negotiating Committee's consensus as the application of "fair use" to the recording retention and use of television broadcast programs for educational purposes. They specify periods of retention and use of such off air recordings in classrooms and similar places devoted to instruction and for home bound instruction. The purpose of establishing these guidelines is to provide standards for both owners and users of copyrighted television programs.
1. These guidelines are only applicable to off-air recording by non profit educational institutions.
2. A broadcast program may be recorded off air simultaneously with broadcast transmission and retained by an educational institution for a period of forty five (45) consecutive calendar days after the date of recording. At the end of this time, all off-air recordings must be erased or destroyed immediately.
3. Off-air recordings may be (a) used once by individual teachers in the course of relevant teaching activities; and (b) repeated only when instructional reinforcement is necessary. The use of the recording for instructional purposes must occur during the first ten (10) consecutive school days within the 45 calendar day retention period.
4. After the first ten consecutive school days, the off-air recording can only be used, up to the end of the 45 consecutive calendar days, for teacher evaluation purposes, i.e., to determine whether 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.
5. Off air recordings may:
(a) be made only at the request of an individual teacher;
(b) be used only by an individual teacher;
(c) not be regularly recorded in anticipation of requests;
(d) not 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.
6. 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 is subject to all provisions governing the original recording.
7. Off-air recordings need not be used in their entirely, but the recorded programs may not be altered from their original content.
8. Off-air recordings may not be physically or electronically combined or merged to constitute teaching anthologies or compilations.
9. All copies of off-air recordings must include the copyright notice on the broadcast program as recorded.
Broadcast programs are television programs transmitted by television stations for reception by the general public without charge.
School days are school session days which means one does not count weekends, holidays, vacations, examination periods, or other scheduled interruptions.