district warehouse. We encourage you to purchase from this source to assure you a financial savings, increased quality and tape longevity, reduction of excessive wear to the video equipment and quick delivery of needed materials.

The turn around time for processing requests will vary from one to three days depending on the work load and number of requests for any one program. If you have any questions concerning this service, please contact Ray Stansbury (461-3554).

REPRODUCTION AND USE OF COPYRIGHTED MATERIALS

(Non-Print/Print)

The local unit chief administrator is responsible for the enforcement of the provisions of this regulation. He or she will identify an individual to act as a liaison person for staff information (inservice), control of approval process (written and verbal), and the maintenance of written records relative to the duplication and distribution of copyrighted materials.

NON-PRINT (OFF-THE-AIR VIDEO TAPING)

The district instructional media center operates an off-the-air video tape recording service for district schools. The service is available 24 hours a day, Monday through Friday, and includes television channels 6, 8, 10, 12, 15, and 39, primarily, and other channels as they become available. The main purpose for this service is to provide a means of previewing instructionally related audio-visual materials for possible purchase, lease, or rental by the district, and to enable teachers to replay television programs within a specified period.

In October of 1976, P.L. 94-553 (Copyrights Act) was signed into law providing the first full-scale revision of American copyright laws since 1909. Congress, however, recognized, but did not resolve, "fair use" of off-the-air taping for nonprofit classroom use of works incorporated in radio and television, such as they did for printed materials.

Therefore, in the absence of formal guidelines, and to help prevent problems involving copyright violations on the part of the district or district employees, off-the-air taping of audio-visual materials shall be accomplished only under the following conditions:

1. Any teacher desiring that an instructionally-related program be taped by the district for classroom use shall complete a "Request for Off-Air Video Taping" form (Exhibit ECHC-E). Such request must be signed, which, in effect, is an agreement to abide by the provisions of this regulation. If a school elects to video tape at the local unit, a similar form must be used.

2. Unless otherwise authorized in writing by the associate superintendent or his/her designee, all video tape recordings shall be erased no later than three weeks after the taping of the requested program e.g., some instructional television programs broadcast by the County Department of Education can be retained for the entire year. (Consult your county instructional television guide for details.) 3. No taped program shall be exchanged with other schools in the Grossmont Union High School District or other school districts without specific written approval of the associate superintendent or his/her designee.

4. The taped program shall not be used for public or commercial viewing.

5. The taped program shall be used for the specific curriculum application for which the request was intended and no other curriculum application is authorized without the written approval of the associate superintendent or his/her designee. 6. Video tape libraries of commercial and non-commercial (educational) programs may only be established with written approval of appropriate copyright holder. The District Instructional Media Center will be responsible for directing all formal requests for permission to use or retain copyrighted television programs. 7. Published lists of authorized video tape libraries shall be prepared and maintained for each local unit collection.

8. Individuals are required to fill out and return a Preview Evaluation Card for each program video taped.

LETTER OF REQUEST FOR INFORMATION TO MAJOR NETWORKS

A request for information as to the availability of a television presentation, which has been determined by teachers' preview to be of educational value for classroom use, shall be made to the appropriate major television network (NBC,

ABC, CBS). Information requested will include the following (see Exhibit. ECHC-E(1)):

1. Agency holding distribution rights to educational institutions

2. If and when program will be available to the educational market

3. Type of film or video format to be used

4. Procedure for purchase, rental, or lease agreement

REQUESTS TO NETWORKS FOR PERMISSION TO TAPE OR RETAIN COPYRIGHTED WORKS

Although some producers allow nonprofit organizations to reproduce their materials, they must first review the status of their copyright to determine whether or not they have the power to grant permission. Regardless of the standard policy a producer may have regarding the granting of duplication rights, each request requires a careful checking of the exact materials to be duplicated. Therefore, requests to producers for permission to duplicate copyrighted audio-visual materials shall include the following information:

1. Correct title of the material

2. Exact description of the material to be used (i.e., test, visuals, soundtrack, etc.) 3. Type of reproduction

4. Number of copies to be made

5. Use to be made of reproduced materials: If the material is a video cassette, specify whether the intended use involves single-receiver playback or multiple receivers. If the intended use involves transmission of the material, specific information should be supplied as to the method of transmission; whether radio or television, open or closed circuit. In such cases, many license agreements require that the number of students in the intended audience be stated.

6. Distribution of the reproduced material: If transmission is involved, information should be provided on the extent of the reception area and the probable number of viewers. At the secondary level the number and type of buildings, number of students in each building, and the number of playback units should be included.

PRINTED MATERIALS

No employee of the Grossmont Union High School District shall duplicate in any manner, any printed copyright material unless such duplication and its use falls within the boundaries of the "fair use" doctrine.

The Copyrights Act attempts to define "fair use" and establishes fixed limitations on duplication for schools and libraries. The law codifies four standards for determining fair use: (1) The purpose and character of the use including whether such use is of a commercial nature or 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.

The principal shall determine where each copy machine is to be located and shall cause a copy of the "Printed Materials” section of this regulation to be posted in the immediate vicinity of each copy machine.

The following guidelines for duplication of printed copyright materials will be observed by all employees of the district:

1. Books and Periodicals:

a. A teacher or designee may make a single copy of any of the following for use in teaching or preparing to teach:

(1) A chapter from a book;

(2) An article from a periodical or newspaper,

(3) A short story, short essay or short poem; whether or not from a collective work; and

(4) A chart, graph, diagram, drawing, cartoon or picture from a book, periodical, or newspaper.

b. A teacher may make multiple copies (not to exceed more than one copy per pupil in a course) of any of the following:

(1) Poems or excerpts of poems of less than 250 words;

(2) Complete articles, stories, or essays of less than 2500 words;

(3) Prose excerpts of 1000 words or 10 percent of the work, which ever is less;

(4) One chart, graph, drawing, etc., per book or periodical issue; and

(5) Excerpts from childrens' books containing up to 10 percent of the works in

text.

c. A teacher may not make multiple copies of the following:

(1) Works that have been copied for other courses in the school;

(2) More than one work or two excerpts from one author in one term;

(3) More than three works or excerpts from one anthology or periodical volume in one term; and

(4) Works more than nine times in one term.

4. A teacher may not make copies of:

a. Works to take the place of anthologies;

b. "Consumable" works such as work books and test booklets; and

c. The same work from term to term.

In each instance where multiple copies are allowed, each copy must include a notice of copyright.

B. Music and Recordings:

As with guidelines for books and periodicals, duplicating copyrighted musical works is prohibited to replace collective works or "consumable" materials. In addition, music educators may not copy such works for purpose of performance or to substitute for the purchase of music.

A music educator may copy printed music in the following limited circumstances: 1. Emergency copying to replace purchased copies which are needed for a performance;

2. Copying of excerpts of works for non-performance purposes, if they do not comprise performable units (e.g., a movement), and are less than 10% of the works; and

3. Copying of complete works if out of print or unavailable except in large works and used for teaching purposes.

Schools are permitted to retain single copies of the following recordings: 1. Performances by students for evaluation or rehearsal purposes.

2. Recordings made for the purpose of constructing aural exercises or examinations.

C. Reproduction of Works by Libraries:

The Copyrights Act imposes major restrictions on reproduction of works by school libraries. Systematic duplication of multiple copies is forbidden by law with exception of the following carefully defined exceptions:

1. Inter-library loan arrangements are permitted, provided that copying is not done to substitute for subscriptions to or purchase of a work.

2 Libraries may make up to six copies of the following:

a. A periodical article published within the last five years.

b. Excerpts from longer works.

3. Libraries must keep detailed records of all inter-library loan requests.

4. Libraries may make single copies of articles or excerpts of records or longer works for students, provided the articles become the property of the student. 5. Libraries may make copies of unpublished works for preservation, published works to replace damaged copies, and out-of-print works which cannot be obtained at a fair price.

To avoid liability for copyright infringement on the part of the library or an employee as a result of unsupervised duplicating, libraries must display notices to the effect that making a copy may be subject to the copyright law. D. Educational Performances and Displays:

The Copyrights Act defines use of copyrighted material in classroom teaching and educational broadcasting. Teachers may use such material in "face-to-face' teaching activities. Such protection does not extend, however, to knowing use of unauthorized reproductions of works.

Nonprofit instructional broadcasts are given limited protection from infringement claims. An exemption is granted to works used in regular instructional programs for both closed circuit and open circuit in-school reception. In such situations, broadcasters need not obtain permission to perform non-dramatic literary or musical works, but must receive permission to act out dramas or musicals or show motion pictures and slide shows.

GROSSMONT UNION HIGH SCHOOL DISTRICT, La Mesa, Calif. teachers within our district viewed the program The quality of this program and the potential educational values for classroom use have prompted us to seek information concerning the agency holding distribution rights to this material to educational institutions. If this program is to be distributed to the educational market, we would appreciate knowing when it will be available, the type of film or video format to be used, and the procedure for purchase, rental, or lease agreement.

(Major Network, NBC, ABC, CBS (Not a local affiliate)). DEAR SIR: On..........

While off-air video taping is a means of acquiring televised programs, we are requesting information for the legal acquisition of this program and hope we may hear from you concerning the above at your earliest convenience. Should you be unable to provide our district with the above information, please forward this request to the proper agency.

Sincerely,

RAY L. STANSBURY,
District Media Specialist.

24

STATEMENT SUBMITTED BY LOS ANGELES COMMUNITY COLLEGE DISTRICT

Mr. Chairman, Ladies and Gentlemen: My name is Bill Troost, and I am here to represent the Los Angeles Community Colleges. We in Los Angeles are particularly sensitive to the problems of the educational application of television programming. This is because Los Angeles itself is a major center of television and film production. But what is more important is the size of our educational institutions, and the extensive commitment which we have made to the new technology in education.

The Los Angeles Community College District consists of nine separate colleges located in different parts of the Los Angeles metropolitan area. This system is the largest community college system in the United States. It offers 3,000 different courses of study and enrolls approximately 126,000 students annually. Its yearly expenditures exceed $230,000,000.

Our colleges number 4,500 faculty members. Our instructional staffs are progressive and innovative, and well attuned to the use of the new educational technology in their instruction. Consequently, each of the colleges budgets heavily for the purchase of audiovisual materials. This has been true for many years.

Our college district has consistently supported distributors and producers of audiovisual materials with large-scale purchases. In addition, large sums have been invested in equipment developed by the industry, necessary for utilization.

Moreover, Media personnel in all nine colleges have worked for many years to promote the classroom use of media in general and television in particular among our faculties. We have also devoted considerable effort to the training of faculty in the instructional use of television. We feel that these efforts have widened the market for producers of film and television programming. In coming years, our instructors will continue to demand audiovisual materials of high quality.

There are, however, many programs shown over commercial television which are not available to us, programs which we feel would be of significant educational value to our students. We hope that the pending negotiations will enable us to gain access to these materials for our students through the techniques of off-the-air recording.

The Los Angeles Community College District favors a policy which would permit optimum access to information on network TV. Programming available on television has broad application in all subject areas. Our students need to be provided with the finest learning experiences possible. Only in this way can they take their appropriate place in our complex and troubled society.

We would hope that four general principles would be embodied in the solution to the problem of off-the-air television taping.

1. The use by educational institutions of television programming should be recognized as an important educational resource for students. Any necessary constraints on access to programs for the protection of copyright holders must be weighed against the potential for depriving students of information and experience of significant value.

2. We support the principle that professional educators, on behalf of students enrolled in schools, colleges, and universities, should be provided with the greatest possible freedom and flexibility in utilizing the resources of broadcast television. 3. The people who have devoted effort, talent, and capital to the protection of television programming should be remunerated so as not to discourage the production of high quality broadcast material. At the same time, the need for protection and for reward of creativity should not overshadow the equally compelling social importance of broad educational access to the products of that creativity. 4. Whatever procedures are developed, they should be definitive and unambiguous. They should be easy for teachers to apply to everyday needs. They should be easy to administer. The costs of implementing such procedures should be a major criterion; our colleges, no less than government agencies, must more than ever be concerned about fiscal and operational constraints.

We in the Los Angeles Community College District have no doubt that some procedures and significant clarification will result from the concerted efforts of the people in this room. Producers, artist, educators and legislators working together can resolve their problems to the greater benefit of our society. Our society, you should recall, is made up of individuals who have been educated in our schools and colleges. It is for them that your deliberations will have the most profound educational implications.

Hon. BARBARA Ringer,

Hon. ROBERT KASTENMEIER,

Hon. THOMAS RAILSBACK,

House Committee on the Judiciary,
Rayburn House Office Building

Washington D.C.:

I wish to submit the following proposal as a suggestion for possible solution of the off air taping controversy. I realize the agenda of the March 2 meeting is a full one and I hope that my ideas might somehow be useful/discussed/and included in the record.

The suggestion is that the PUBLIC SERVICE CONCEPT offers an attractive alternative to the idea of establishing a clearinghouse for off air videorecording. The public service concept would provide a more simple, workable solution to the off-air problem wherein each party (users and producers) could benefit. The public services concept would allow producers and/or networks a limited amount of tax write-off in exchange for the schools rights to vidoecopy their programs. Arrangements could be made at the time a network contracts with a producer concerning a program to be aired on a future date. Attorneys would at that time have to work out how the money from the write-off would be distributed among the various interests in that particular copywright (i.e. how much to the screen writer, the musicians, actors, etc.) A tax law expert has indicated that the write-off allowable to networks might consist of a specially designated tax credit. It could be based on a figure such as 1-2 percent of the original cost of the program to the network, a percentage of the gross profits realized, or on the actual production costs involved in the airing of a particular show. Producers could be given a similar credit or could contract for payment from the network in return for public services rendered. The special tax credit would be allowed over and above presently allowable deductions (which range above the 70 percent level), against procuring a film for TV during the first year of usage. Programming such as game shows and soap operas might not be granted eligibility for the credit. Such a solution would be an improvement over the present situation, wherein many schools copy without authorization and networks/producers lose sales.

It is apparently true that under BMI-ASCAP clearinghouse arrangements, copyright holders are protected, and radio stations are monitored by means of roving FCC agents who record programs and then cross check for royalty payments. Radio stations are not aware of when, or if, they will be monitored. Violators can be cited. If the licensing/clearinghouse solution were adopted for off-air taping by non-profit institutions, it would have to be monitored in some similar form. As school classroom playbacks of shows are not broadcast to the general public (they are usually displayed on small portable closed circuit units) monitoring would have to consist of physically sending governmental officials to all institutions making off-air tapes. This task would be most formidable, if not impossible as there are literally thousands of schools to be checked. The expense of enforcement by government agencies would be staggering.

Under the public service concept, a blanket amount to cover all instances and use of the materials would be granted within the 2 percent deduction or whatever amount was agreed upon. There would be no need to monitor for violations, nor would there be any monetary losses to copyright holders, and programming would be allowed to circulate until its social value was negligible. Students in the Republic of Germany benefit to a great extent from an arrangement such as the public service concept. In the German system, a special tax is levied against video equipment when it is sold and then is applied to remuneration of producers/copyright holders when programs are used as a public service. There are many who feel that our students/future citizens should have equal benefits and access to the best educational experiences that we can offer. Access to educational information should be available regardless of the financial status enjoyed by the school a student attends. Thus the public service concept might create great advances in the equality of educational opportunity.