In-classroom performance of a copyrighted videotape is permissible under the following conditions:

1. the performance must be by instructors (including guest lecturers) or by pupils
2. the performance is in connection with face-to-face teaching activities
3. the entire audience is involved in the teaching activity
4. the entire audience is in the same room or same general area
5. the teaching activities are conducted by a non-profit education institution
6. the performance takes place in a classroom or similar place devoted to instruction (includes library, gym, auditorium, workshop, etc.)
7. the videotape is lawfully made; the person responsible had no reason to believe that the videotape was unlawfully made

In accordance with the Federal Copyright Guidelines, a faculty member may use a pre-recorded video program purchased or rented by the faculty member from a home video outlet, without the public performance license that is normally required, provided each of the following guidelines are met:

1. the use must take place at St. Edward's University
2. the use must occur in a classroom or similar place devoted to instruction (See A6 above)
3. the use must be part of the regular instructional process (not extra curricular or recreational)
4. the use must be by the teacher and students (means no transmission from outside the building)
5. the video must be a lawfully made copy (Note: a copy taped at home is not "lawfully made" for use outside the home)

Faculty may rent at their own expense a video program bearing the "For Home Use Only" warning notice for use in their classroom, if the performance meets all the criteria listed in above.

A video program with the "Home Use Only" warning label, which is either purchased or rented by St. Edward's University or by a faculty member, may not be used for any other purpose except planned, direct, instructional activities which meet course objectives, and the program must be used in a classroom, in face-to-face instruction. Another use, other than institutional, will require a license agreement at the time or rental or purchase. In addition, any duplication or any form of copying of video programs is illegal and prohibited.

Guidelines for off-air recording of broadcast television programs for instructional use:

The copyright guidelines established in 1979 (October 14 Congressional Record, pp. E4750-E4752) provide that a nonprofit educational institution may tape television programs for classroom use at the request of individual teachers. Also, a faculty member may record a program for use in a classroom, subject to the following restrictions. Programs may not be regularly recorded in anticipation of teacher requests. No single program may be videotaped more than once at the request of the same teacher, no matter how many times the program is broadcast.

1. The guidelines were developed to apply only to off-air recording by non-profit educational institutions.
2. A broadcast program may be recorded off-air simultaneously with broadcast transmission (including simultaneous cable transmission) and retained by a non-profit educational institution for a period not to exceed the first forty-five (45) consecutive calendar days after date of recording. Upon conclusion of such retention period, all off-air recordings must be erased or destroyed immediately. "Broadcast programs" are television programs transmitted by television stations for reception by the general public without charge.
3. Off-air recordings may be used once by individual teachers in the course of relevant teaching activities, and repeated once only when instructional reinforcement is necessary, in classrooms or similar places devoted to instruction (See A6), as well as in the home of students receiving formalized home instruction during the first ten (10) consecutive school days in the forty-five (45) day calendar day retention period.
4. After the classroom use period of ten consecutive school days passes, the off-air video may be used during the remainder of the 45-consecutive-day-retention period only for teacher evaluation as to its value to the curriculum and whether or not it should be purchased, if available.
5. The original contents of the off-air program cannot be altered, or combined, or merged with other recordings.
6. Subject to all of the above guidelines, a limited number of copies of an off-air videotape may be made to meet the legitimate needs of individual teachers.
7. All copies of off-air recordings must include the copyright notice on the broadcast program as recorded.
8. Educational institutions are expected to establish appropriate control procedures to maintain the integrity of these guidelines. Without such control, no off-air taping is allowed.

The guidelines clearly state that the college library may not become the depository for faculty's off-air videotapes and these videotapes may not be shared by the faculty of a particular school or college. If repeated uses are anticipated, or if the use is more than ten "school days" into the future, permission must be sought from copyright owners before taping, retaining, or using the television program.

Note: This listing is not all inclusive. For further information, the following references may be helpful.

Bielefield, Arlene and Lawrence Cheeseman. Technology and Copyright Law: A Guidebook for the Library, Research, and Teaching Professions. New York: Neal-Schuman, 1997.

Bruwelheide, Janis H. The Copyright Primer for Librarians and Educators. 2nd ed. Chicago: American Library Association, 1995.

Crews, Kenneth D. Copyright, Fair Use, and the Challenge for Universities. Chicago: U of Chicago Press, 1993.

Dukelow, Ruth H. The Library Copyright Guide. Washington, DC: The Association for Educational Communications and Technology, 1992.

Miller, Dr. Jerome K. Using Copyrighted Videocassettes in Classrooms, Libraries, and Training Centers. Friday Harbor, WA: Copyright Information Services, 1988.

Johnston, Wanda K. and Derrie B. Roark, ed. A Copyright Sampler. Chicago: American Library Association, 1996.