Off-Air Recording of Film and Video

Is the intended use fair?

Recording television programming is subject to the same fair use provisions as other uses of copyrighted materials. Use the Fair Use Analysis Tool to determine if your intended use is fair:

Thinking Through Fair Use
Published by the University of Minnesota Libraries
When deciding whether or not individual uses of copyrighted material falls under fair use, you must weigh four factors: 1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes; 2) the nature of the copyrighted work; 3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and 4) the effect of the use upon the potential market for or value of the copyrighted work (U.S.C Title 17, Section 107).


Guidelines

Reproduction of Copyrighted Works by Educators and Librarians (PDF)
This document provided by the U.S. Copyright Office includes the 1979 "Kastenmeier Guidelines" for off-air recording of broadcast programming for educational purposes.

PBS and Extended Taping Rights
PBS has developed their own off-air recording guidelines for the materials they produce and broadcast.

Cable in the Classroom Taping Rights
Cable in the Classroom, a group of dozens of cable channels and cable companies, has developed their own off-air recording guidelines for the materials they produce and broadcast.


For information on showing material recorded off-air outside the classroom, please see What Copyright Law Says About Screening Movies.