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The committee left the development of criteria to measure "fair use" to the Copyright Office in cooperation with the producing and educational user groups. During the past two years the user and producer groups have met and worked on this issue but unsuccessfully.

RATIONALE

The funding level for education at all levels in the United States is presently critical. State funding and local tax levies have not been able to keep up with the increasing costs of education. Therefore, fewer materials are purchased, instructional equipment is becoming obsolete, faculties are reduced, and faculty salaries are lagging behind other professions. It is time that society realizes that the education of the youth of this nation is not just the responsibility of the educational community. Education of the youth is the responsibility of the total society. Business and industries are beginning to accept this responsibility and are providing internships and work experiences in cooperation with schools for students. It is time the broadcast and producing industries accept their responsibility.

PROPOSED DEFINITION OF FAIR USE

I propose the following definition of "fair use" be used for off the air recording of television programing for non profit educational purposes:

"Fair Use" for recording off the air programs extends thirty days from the time a program is broadcast and further extends until the program is available for purchase, lease, rental, or licensing".

Acceptance of such a definition by the producing industry would provide an outstanding source of programs for education-both commercial and public television programs. In exchange the educational community should be willing to provide market analysis data for producers. The producing industries could provide a simple form which would be required to be completed and returned to the producer or network each time a television program is recorded and/or used in a classroom for non profit educational purposes. This procedure would allow teachers to use programs during the day in classrooms and provide time to implement programs into their curriculum generally at the most appropriate time. If the market analysis indicates a program is marketable then the producers could make it available for purchase, lease, rental, or licensing. Licensing would be attractive because schools could retain the programs that they have copied at their expense and hopefully for a small licensing fee. The income generated by allow licensing fee many surpass the income generated through sales and without printing, inventory, advertising and mailing costs to the producer.

This policy will facilitate bringing outstanding and valuable instructional materials to the children of this nation at all grade levels and should provide an additional lucrative financial return to the networks, producers, and actors involved. Both the educational community and the film and television industries would be the gainers, but the real benefactors will be the children.

Therefore be it resolved that the following be considered as fair use guidelines: 1. "Fair Use" for recording off the air programs extends thirty days from the time a program is broadcast and further extends until the program is available to the educational community for purchase, rental, lease, or licensing.

2. Non profit educational users will provide market analysis data to the producing industry by completing a simple form provided by the producing industry each time a television program is used in the classroom.

3. Programs recorded will be limited to non profit instructional purposes. 4. Such programs may be distributed to classrooms via closed circuit television within an educational institution so long as it is for instructional purposes.

5. After thirty days from broadcast educational institutions agree to erase these programs after they become available for purchase, lease, rental or licensing. 6. The fees generated by this policy be distributed equitably within the producing industry.

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CB-59

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