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 nonprofit educational institutions without fee, such as programs funded by a 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 nonbroadcast use of any program produced under a CPBC contract or grant and/or under a joint grant from the CPBC/CCH. Videotapes made from programs originating on pay cable services or over-the-air pay-TV stations are not permissible for use by University personnel under any circumstances.

Fair Use

The doctrine of fair use for copyrighted materials contained in Title 17 United States Code Section 107, states: "Notwithstanding the provisions of Section 106, the fair use of a copyrighted work, including such use by reproduction in copies or phono-records 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 the owner's copyright licensing agent.

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.

Ten-Consecutive-School-Day Period

The first ten school days within the first 45 calendar days following off-air recording of a broadcast television program. These school days do not include weekends, holidays, vacation, examination periods, or other scheduled interruptions.

B. Educational Use

Broadcast television programs will be recorded off the air by University staff and/or faculty for use within the University only if a request is made by an individual faculty or staff member to the Teaching, Learning & Technology Center. Verbal requests for off-air recordings will be confirmed by a signed written request. Off-air recordings will not be made in anticipation of requests.

University of California personnel may record off the air any copyrighted broadcast television transmission (including cable retransmission) and use the recording for instructional or research purposes. If possible, this instructional use should occur during the first 10 consecutive school days which fall within the first 45 consecutive calendar days after the date of recording. A written explanation for any instructional or research use beyond the ten consecutive-school-day period must be submitted to the Teaching, Learning & Technology Center within the first 45 consecutive days after the date of recording. A faculty member should use this off-air recording a maximum of twice per class in an off-air recording exhibition location during these 10 days-once in the course of relevant teaching activities and once for instructional reinforcement.

Forty-five days after an off-air recording is made, it will be erased, unless a written request for retention has been submitted to the Teaching, Learning & Technology Center. In no case will a recording which legally requires an off-air license be held longer than one year without an arrangement being made by the Teaching, Learning & Technology Center to obtain an off-air recording license.

C. Duplications

If more than one faculty member, librarian, or archivist requests an off-air recording of the same broadcast television program, the Assistant Director of Instructional Resources Center may authorize limited duplication of such an off-air recorded program to meet the legitimate instructional or research needs of the campus. This authorized duplication will adhere to all the same off-air recording policy provisions which govern the original off-air recording. Regardless of the number of times a program is broadcast, a copyrighted broadcast television program will be recorded for the same faculty member only once by University personnel. If a faculty member requires additional use of a broadcast television program, arrangements must be made with the Teaching, Learning & Technology Center to obtain the proper off-air recording license for the necessary number of copies of the program.

Instructions concerning streaming media and can be found on the Teaching, Learning & Technology Center’s website.

D. Forty-Five Day Curriculum Evaluation

Any off-air recorded program may be retained by the University for 45 consecutive calendar days after the recording date. Between the end of the first ten consecutive school days after the program is recorded off-air and the end of the 45 calendar day retention period, an off-air recording should be played only for faculty members, librarians, or archivists, to determine whether to retain the broadcast program within the curriculum of a University class, seminar, or program and/or retain the broadcast program in a University library or archives.

Within the 45-day retention period, if a faculty member, librarian, or archivist opts to include an off-air recorded program in any of the University's curriculum, libraries, or archives, then that faculty or staff member shall, in writing, so inform the Teaching, Learning & Technology Center who shall advise the requesting faculty and/or staff member(s) regarding the costs and procedures relative to either of the following:

1. Purchasing a copy of the requested program.
2. Obtaining an annual off-air recording license or life-of-recording license.

E. Extended Use of Off-Air Recordings

After the 45-day retention period, every off-air recording of a copyrighted program will be erased from University tapes, discs, or other recording media, unless an arrangement has been made through the Teaching, Learning & Technology Center to retain the off-air recorded program.

F. Display of Copyright Notice

All copies of copyrighted off-air recorded programs must include the copyright notice within the recording. Off-air recordings do not have to be used in their entirety. Each "fair-use" segment of a copyrighted program will include the copyright notice, as recorded from the broadcast program, and will not be altered from the original content to change the essence or meaning of the original program. See the discussion of Fair Use and the Federal Guidelines for Off-Air Recording of Broadcast Programming for Educational Purposes.