Park falls school district

© fair use guidelines

 

 

TAPING OF CABLE PROGRAMS FOR CLASSROOM INSTRUCTION

 

SCENARIO/QUESTION:

 

  1. Is it permissible to tape cable programs for classroom instruction?

 

  1. Is it permissible to keep taped programs for classroom instruction?

 

 

DEFINITIONS:    

 

For this scenario we are making a distinction between broadcast television and cable/satellite.   Broadcast television is local ABC, NBC, CBS, and public TV.  Cable/satellite is everything else.

 

In this case “off-air taping” is defined as taping programs from television to show at a later time.

 

EXAMPLES OF OFF-AIR TAPING:

 

Using TIVO to tape a cable program

 

SCENARIO ANSWERS:

 

  1. No.  According to Copyright Applies to Everyone, “fair use guidelines do not automatically apply to cable/satellite channels.  The user must determine if any reproduction rights apply on a program-by-program basis.  The user should check with cable/satellite providers or publications to determine use rights.  Selected cable/satellite channels have obtained extended rights for educators to videotape some programs and to have access to their programs for a stated period of time.  For specific information concerning extended rights, contact the local cable/satellite provider.  Educators may not videotape and/or use programming from broadcast networks such as HBO, Showtime, etc.  The programming is fee based (not free of charge) and may not be used without payment” (50). Basically, “taping should occur only after the rights have been determined for each program” (51).

 

 

POSSIBLE SOLUTIONS:

 

  1. Contact the cable/satellite provider to find a source that indicates whether a program can be taped.

 

  1. Recorded tapes must be dated with the taping date as well as an expiration date.

 

  1. Taped programs must be recorded from Access Learning or www.ciconline.org.

 

 

POSSIBLE CONSEQUENCES:

 

  1. There is a $500 to $150,000 penalty per infringement plus attorney fees, and “willful infringement means that you knew you were infringing and you did it anyway.  Ignorance of the law, though, is no excuse.  If you don’t know that are infringing, you still will be liable for damages.” (http://www.utsystem.edu/ogc/intellectualproperty/copypol2.htm; http://www.nolo.com/index.cfm)
  2. In addition to the civil penalties noted above, the infringement could be deemed as a criminal offense punishable by a fine or imprisonment. (http://www.nolo.com/index.cfm)
  3. The infringement is a violation of Park Falls School District’s copyright policy, adopted on June 2004, which states that all employees and students “will comply with copyright regulations as identified in the U.S. copyright law,” and “materials in all print and media forms may not be unlawfully duplicated or used within the District.  Any employees or students who illegally use copyrighted material will be responsible for their own actions and the consequences thereof.”

 

 

ACTION TAKEN BY DISTRICT:

 

  1. Educate staff members about the policy during monthly staff meetings.
  2. Highlight programs that may be taped from Access Learning cable TV guide, Parade of Programs educational TV program guide, and Airwaves public TV program guide.

 

Date: 3/27/06

 

Entry # 4

 

Reference and Loan free videocassette loan library catalog (608) 224-6169 -- You may call directly to request materials or ask me to.

http://dpi.wi.gov/rll/vhslist.html

 

CESA #12 LMC – You may request materials directly from their catalog site

            http://www.cesa12.k12.wi.us/imc/