BOCES 2 follows the U.S. Copyright Law under the Fair Use Guidelines for Off-Air Videotaping of Broadcast Programming for educational purposes and the cable networks Cable in the Classroom educational programs with extended re-record rights.

The federal Fair Use Guidelines for Off-Air Videotaping, which cover the recording of broadcast programming from cable (simultaneous retransmission) as well as off the air, serve as primary criteria when courts assess fair use in cases involving off-air videotaping for educational purposes. Although they do not have the force of law, these guidelines have been considered a "safe harbor for permissible use." It is likely the recent Fair Use Guidelines for Educational Multimedia will serve to assist in the assessment of the fair use of multimedia in schools.

If a particular instance of off-air videotaping is not covered by a specific negotiated agreement with the copyright holder, the fair use guidelines for off-air recording may apply. These guidelines apply to off-air recording by nonprofit educational institutions only.

The off-air record guidelines state that, to qualify as fair use, the following conditions must be met:

1. Broadcast programs may be recorded and retained by a nonprofit educational institution for a period not to exceed forty-five calendar days after the date of recording. At the end of the forty-five-day retention period, all off-air recordings must be erased or destroyed immediately. Broadcast programs are television programs transmitted by television stations and cable companies for reception by the general public without charge. (PBS has negotiated varying degrees of extended taping rights, which differ from this standard federal guideline; please consult the extended taping rights section for further information.)
2. Videotaped recordings of broadcast programs may be shown to students only within the first ten school days of the forty-five-day retention period, and they may only be shown two times: once by the teacher(s) in the course of relevant teaching activities and repeated once only when instructional reinforcement is necessary. They may be shown in classrooms and other places devoted to instruction within one building, cluster, or campus or in the homes of students receiving formalized home instruction. After the ten-day period, teachers may use the off-air recordings to the end of the forty-five-day retention period only to determine whether to purchase the videotapes.
3. Off-air recordings may be made only at the request of and used by a teacher. They may not be recorded in anticipation of such requests. No broadcast program may be recorded off the air more than once at the request of the same teacher, regardless of the number of times that the program is broadcast.
4. A limited number of copies may be made from each off-air recording to meet legitimate teacher needs. For example, if several teachers request tapes of the same program, duplicate copies are permitted to fulfill requests. This is not a duplication license. All copies are subject to the same limitations as the original.
5. All copies of off-air recordings must include the copyright notice on the broadcast program as recorded. Off-air recordings need not be shown in entirety, but they may not be altered or physically or electronically combined or merged into anthologies or compilations. Educational institutions are expected to establish appropriate control procedures to maintain these guidelines' integrity.

Teachers, educational institutions, and others should consult an attorney with expertise in copyright law for advice relating to their specific circumstances and activities.