Loma Linda University recognizes the educational benefits of some commercial and noncommercial television programs. Tapes of such broadcasts shown to classes may enhance the quality of instruction. The off-air recording of commercial and noncommercial
television broadcasts is strictly controlled by law and violation of that law can result in assessment of damages, attorneys' fees, civil fines, and imprisonment. The University therefore adopts the following guidelines in compliance with the Doctrine of Fair Use.
- A broadcast program may be recorded off-air simultaneously with broadcast transmission (including simultaneous cable retransmission) and retained by the University for a period not to exceed the first forty-five (45) consecutive calendar days after date of recording. Upon conclusion of the retention period, the off-air recording must be erased or destroyed immediately. "Broadcast programs" are television programs transmitted by television stations for reception by the general public without charge. Programs on paid television shall not be recorded for use by the University. The University library media center may record news programs off the air and retain them as part of their archives.
- Off-air recordings may be used once by individual teachers in a course of teaching activities relevant to the subject matter of the recorded program, and use may be repeated only once when instructional reinforcement is necessary, in classrooms and similar places devoted to instruction within a campus, during the first ten (10) consecutive school days in the forty-five (45) calendar-day retention period. "School days” are school session days – not counting weekends, holidays, vacations, examination periods, or other scheduled interruptions within the forty-five (45) calendar-day retention period.
- Off-air recordings may be made only at the request of and use by individual teachers and may not be recorded in anticipation of request. No broadcast program may 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.
- 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 shall be subject to all provisions governing the original recording, including erasures.
- After the first 10 consecutive school days, off-air recordings may be used up to the end of the 45 calendar-day retention period only for teacher evaluation purposes, i.e., to determine whether or not to include the broadcast program in
the teaching curriculum, and may not be used for student exhibitions, or any other nonevaluation purpose without authorization by the copyright owner.
- Off-air recordings need not be used in their entirety, but the recorded programs may not be altered from their original content, i.e., the integrity of the program must remain intact. Off-air recordings may not be physically or electronically combined or merged to constitute teaching anthologies or compilations.
- All copies of off-air recordings must include copyright notices of the broadcast program as recorded.
- Commercially-produced videos, slides, or computer software may not be copied and used for classroom teaching, other presentations, or personal use without written permission from the copyright owner.
