POLICY SUMMARY FORM
Policy Name: Recording of Broadcasts for Educational Use
Policy Number: 7.23
Is this policy new, being reviewed/revised, or deleted?
Delete
Date of last revision, if applicable: 10/18/2010
Unit(s) Responsible for Policy Implementation: Provost and Vice President for Academic
Affairs
Purpose of Policy (what does it do): provide guidance for how recording can be used for
educational purpose while adhering to copyright law
Reason for the addition, revision, or deletion (check all that apply):
Scheduled Review
Change in law
Response to audit finding
Internal Review
Other, please explain:
Please complete the appropriate section:
Specific rationale for new policy:
Specific rationale for each substantive revision:
Specific rationale for deletion of policy: When this policy was sent to critical contacts across
campus for the first examination for revisions, the recommendation was that this policy, as it
stands, is out of date and that it is no longer useful as a stand-alone policy because industry
standards have changed considerably. It was recommendated that the pertinent parts of this
policy be folded into policy 9.2, Copyrighted Works, and that the 9.2 policy name be changed to
better represent the scope of the enlarged policy. These decisions were recommended by John
Yerger, Director, Printing Services, Dr. John Hendricks, Chair, Department of Mass Media, and
Damon Derrick, Legal Counsel
Additional Comments:
Reviewers:
Academic Affairs Policy Committee; Judy Abbott, Chair
Steve Bullard, Interim Provost and Vice President for Academic Affairs
Damon Derrick, General Counsel
Recording of Broadcasts for Educational Use (TO BE DELETED)
Original Implementation: December 21, 1982
Last Revision: October 18, 2010
Material transmitted for public programming by broadcast stations, cable systems, satellite, or
any other transmission medium may be recorded and used for educational purposes in
accordance with federal copyright law, except where forbidden by an explicit agreement between
the parties originating and receiving the program or information. Broadcast programs are
televised programs transmitted by television stations for reception by the general public without
charge. Programs may not be recorded from a television satellite/cable unless these programs are
authorized for free reception or the institution obtains a license to copy the programs.
The following guidelines must be observed in the off-air recording of broadcast programming for
educational use:
1. A broadcast transmission may be recorded off-air simultaneously with the broadcast
transmission (including simultaneous cable retransmission) and retained by Stephen F.
Austin State University (SFA) for a period not to exceed forty-five (45) consecutive
calendar days after the date of the recording. Upon conclusion of the retention period, all
off-air recordings must be erased or destroyed immediately by the holder of the recording.
2. An off-air recording may be used only once by an instructor for relevant teaching activities,
but may be repeated one other time when instructional reinforcement is necessary. All use
of recordings must be in a classroom or in similar places devoted to instruction during the
first ten (10) consecutive school days in the 45-calendar-day retention period. School days
are defined as school session days (not counting weekends, holidays, vacations,
examination periods, or other scheduled interruptions) within the 45-calendar-day retention
period.
3. Off-air recordings may be made only at the request of and used by individual instructors
and may not be regularly recorded in anticipation of requests. No broadcast program may be
recorded off-air more than once at the request of the same instructor, regardless of the
number of times the program may be broadcast.
4. An off-air recording may be copied to meet the needs of instructors under these guidelines.
Each additional copy shall be subject to all provisions governing the original recording and
must contain the copyright notice of the broadcast program as recorded.
5. If the instructor wishes to add the broadcast program to the curriculum, permission must be
obtained from the copyright owner.
6. Off-air recordings need not be used in their entirety. The recorded programs may not be
altered from their original content. Off-air recordings may not be physically or
electronically combined or merged to constitute teaching anthologies or compilations.
7.23 Recording of Broadcasts for Educational Use
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Cross Reference: Faculty Handbook
Responsible for Implementation: Provost and Vice President for Academic Affairs
Contact for Revision: Provost and Vice President for Academic Affairs
Forms: None
7.23 Recording of Broadcasts for Educational Use
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