CTL Policy #705: Off-Satellite/Off-Air Recordings

Description

The CTL has several satellite resources that enable reception of various c-band, ku-band, analog and digital programs. These systems can be used for the purpose of teleconferences or recording of authorized content subject to availability and technical constraints. The CTL can also make off-air recordings of broadcast programs.
NOTE: Copyright law does not permit the recording of cablecast programming.

Primary Contact

Senior Broadcast Engineer (Dave Michel - 3691)

Alternate Contact(s)

Conference & Facilities Manager (Lee McKarns - 4568)
Senior Broadcast Engineer (James Graham - 2881)
Video Production Manager (David Stoneburner - 3688)

Effective Date

January 1, 2006 (revised)

1. Inform the client submitting the request of the following:
1. The CTL will not make recordings on media provided by clients as these materials could cause equipment damage. The client MUST purchase professional-grade media from the CTL.
2. Turnaround time is typically a minimum of 5 working days but may be longer due to project specifics and other operational conditions.
3. The CTL will only provide one copy per request. For more than one copy, written authorization must be obtained from the copyright holder(s) then resubmitted to the CTL Engineering following the Audio and Video Media Duplication Operational Procedure.
4. The CTL Engineering requires reception specifics (e.g. satellite, transponder, time of event, date of event, contact numbers, type of transmission (digital / analog), etc.) to be submitted at least 5 working days prior to the event to allow programming and testing as required. Failure to provide adequate time for technical preparation will, at the discretion of CTL Engineering, cause the project to be rejected.
2. The CTL will not record copyrighted programs without written authorization from the copyright holder(s). HOWEVER, the CTL will record off-air programs by complying with the Kastenmeier Guidelines (see below) as set forth in the Congressional Record, October 14, 1984. All clients must comply with these guidelines and sign a copy of the Kastenmeier Compliance Agreement. The Kastenmeier Compliance Agreement shall be filed with the completed CTL Engineering Request form.
• Kastenmeier Compliance Agreement (Requires Adobe Reader, a free download.)
3. Once the conditions in (1) have been met, a CTL Engineering Services Request form is filled out with all required client and project information. Kastenmeier Compliance Agreements and CTL Engineering Services Request forms are available in the CTL main office area.
4. The CTL Engineering Services Request form placed in the “To TVC” box located in the CTL main office area. The CTL Engineering staff will check this box on a daily basis.
5. Once the CTL Engineering staff has completed the job, they will securely attach the CTL Engineering Services Request form to the recording(s), and place the materials in the “From TVC” box located in the CTL main office area. The CTL Front Office staff will check this box on a daily basis.
6. The CTL Front Office staff will retrieve the recording(s) from the “From TVC” box and create labels for each recording according to the Labeling Procedure. They will also put an orange “Copyright Warning” label on the recording (on the opposite side of the program label), and put each recording in a suitable container.
7. Once the recording(s) have been labeled and boxed, the CTL Front Office staff will either deliver the materials to the client or call the client for pickup according to the box (“Hold/Review” or “Deliver”) that has been checked on the CTL Engineering Services Request form.
8. Once the recording(s) have been delivered or picked up, copies of all request forms, production forms, service agreements, copyright clearances, talent releases, etc. are submitted to the front office for billing (if necessary) and filing. There is a charge for all materials unless otherwise indicated on the appropriate CTL request form.

Guidelines for Off-Air Taping for Educational Purposes
(Kastenmeier Guidelines)

1. The Guidelines were developed to apply only to off-air recording by non-profit educational institutions.
2. A broadcast program (including simultaneous cable retransmission) may be recorded off-air and retained by a non-profit educational institution for a period not to exceed the first forty-five (45) consecutive calendar days after the 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 recording 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 and similar places devoted to instruction within a single building, cluster, or campus, as well as in the homes of students receiving formalized home instruction, during the first ten (10) consecutive schools days in the forty-five (45) day 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.
4. Off-air recordings may be made only at the request of and used by individual teachers, 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 teacher, regardless of the number of times the program may be broadcast.
5. A limited number of copies may be reproduced from each off-air recording to meet the legitimate needs of teachers under these guidelines. Each additional copy shall be subject to all provisions governing the original recording.
6. After the first ten (10) consecutive schools days, off-air recordings may be used up to the end of the forty-five (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 in the recording institution for student exhibition or any other non-evaluation purpose without authorization.
7. Off-air recordings need not be used in their entirety, but 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.
8. All copies of off-air recordings must include the copyright notice on the broadcast program as recorded.
9. Educational institutions are expected to establish appropriate control procedures to maintain the integrity of these guidelines.

Congressional Record, October 14, 1984