September 24, 1985

CHANCELLORS
SENIOR VICE PRESIDENT FRAZER
SENIOR VICE PRESIDENT BRADY
VICE PRESIDENT KENDRICK
CHAIR, ACADEMIC COUNCIL

Dear Colleagues:

The attached University of California Policy for Off-Air Recording of Broadcast Programming for Educational Purposes is issued to encourage legitimate educational use of off-air video recordings and to reduce the University's potential liability for copyright infringement. This policy is consistent both with the University's instructional and research requirements and with the intent of the October 1981 Federal Guidelines for Off-Air Recording of Broadcast Programming for Educational Purposes (see Appendix B).

I want to thank everyone who participated in the review of this policy for their valuable comments and suggestions.

Sincerely,

David Pierpont Gardner

Attachment

cc:

Laboratory Directors
Members, President's Cabinet
Members, Intellectual Property Advisory Council
Assistant Vice President West
Director Rogin
Principal Officers of The Regents

Definitions of key terms in the University Off-Air Recording Policy form Appendix A. They are incorporated into and should be interpreted as part of this policy.

The "Federal Guidelines for Off-Air Recording of Broadcast Programming for Educational Purposes" were published in the October 14, 1981 Congressional Record and are attached for information as Appendix B.

The University of California Policy for Off-Air Recording of Broadcast Programming for Educational Purposes applies to all University of California campuses, offices, affiliates, and facilities, including Agriculture and Natural Resources, and this policy is advisory to the Lawrence Berkeley Laboratory, Lawrence Livermore National Laboratory, and Los Alamos National Laboratory.

UNIVERSITY POLICY IMPLEMENTATION

At each campus which records broadcast television programs off the air for educational use, the Chancellor shall designate a University officer to oversee implementation of the University Off-Air Recording Policy at that campus. The Senior Vice President--Administration shall designate a University officer to monitor implementation of this policy for the University and to be the implementing officer for University-wide offices and University facilities not affiliated with a campus which record off-air television broadcasts for educational use. Within this policy, these University officers are referred to as officers responsible for implementing the University Off-Air Recording Policy.

Each officer responsible for implementing this policy shall:

1.

inform his/her location's personnel of the provisions of the University Off-Air Recording Policy;

2.

perform clearinghouse functions to purchase or obtain licensing for use of off-air broadcast recordings beyond the initial free use period (if such additional use is requested);

3.

assure that University off-air recordings made between October 14, 1981 and the date of publication of the University of California Off-Air Recording Policy are brought into compliance with this policy; and

4.

assure that any Off-Air Recording Implementation Procedure developed by a University campus or facility complies with Federal Copyright law and the University Off-Air Policy.

EDUCATIONAL USE

University of California personnel may record off the air any copyrighted broadcast television transmission (including cable re-transmission) and use the recording for instructional or research purposes. If possible, this instructional use should occur during the first ten consecutive school days which fall within the first forty-five 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 policy implementation officer within the first forty-five consecutive calendar 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 ten days once in the course of relevant teaching activities and once for instructional reinforcement. 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 responsible policy implementation officer or his/her designated representative. 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. Forty-five days after an off-air recording is made, it will be erased unless a written request for retention has first been submitted to the officer responsible for implementing this policy. 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 policy implementation officer to obtain an off-air recording license.

DUPLICATIONS

If more than one faculty member, librarian, or archivist requests an off-air recording of the same broadcast television program, the person authorized to implement the University Off-Air Recording Policy at that location may authorize limited duplication of such an off-air recorded program to meet the legitimate instructional or research needs of that University campus or facility. 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, arrangement must be made with the officer responsible for implementing this policy to obtain the proper off-air recording license for the necessary number of copies of the program.

FORTY-FIVE DAY CURRICULUM EVALUATION

Any off-air recorded program may be retained by the University for forty-five consecutive calendar days after the recording date. Between the end of the first ten consecutive school days after a program is recorded off-air and the end of the forty-five calendar day retention period, an off-air recording should only be played 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 forty-five day retention period, if a University faculty member, librarian, or archivist opts to include an off-air recorded program in any of the University's curricula, libraries, or archives, then that faculty or staff member shall, in writing, so inform the appropriate University officer authorized to implement this Off-Air Recording Policy. The policy implementing officer shall advise the requesting faculty and/or staff member(s) regarding the costs and procedures relative to either (1) purchasing a copy of the requested program or (2) obtaining an annual off-air recording license or a life-of-recording license.

EXTENDED USE OF OFF-AIR RECORDING

After the forty-five 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 policy implementing officer to retain the off-air recorded program.

On each University of California campus or facility which uses off-air recorded materials, the officer responsible for implementing this policy shall perform clearinghouse functions in licensing off-air recordings in the name of The Regents of the University for his/her location and/or purchasing copies of broadcast television programs. At the end of each quarter or semester, the campus or facility policy implementing officer will provide the Senior Vice President--Administration with:

1.

the titles of off-air recordings that have been licensed;

2.

the number of copies per license;

3.

the location where the licensed recordings are maintained; and

4.

the duration of each license.

Each quarter, the Senior Vice President --Administration will prepare and disseminate to campus and facility policy implementing officers a report which updates:

1.

the list of off-air recording licenses which have keen obtained for University use;

2.

the number of copies licensed for each location; and

3.

the duration of each license.

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 also General Counsel's opinion on Use of Videotapes in Classroom for Instructional Purposes.