that what they were doing
constituted fair use.***

Conference substitute

The conference substitute adopts the House amendments with respect to
statutory damages in section 504(c)(2)***

----------------------------------------------------------------
F. GUIDELINES FOR OFF-AIR RECORDING OF BROADCAST PROGRAMMING FOR
EDUCATIONAL PURPOSES
----------------------------------------------------------------

====================================================================
The following excerpts are reprinted from the House Report on piracy
and counterfeiting amendments (H.R. 97-495, pages 8-9).
====================================================================

In March 1979, Congressman Robert Kastenmeier, Chairman of the House
Subcommittee on Courts, Civil Liberties and Administration of Justice,
appointed a Negotiating Committee consisting of representatives of
educational organizations, copyright proprietors, and creative guilds
and unions. The following guidelines reflect the Negotiating Committee's
consensus as to the application of "fair use" to the recording,
retention, and use of television broadcast programs for educational
purposes. They specify periods of retention and use of such off-air
recordings in classrooms and similar places devoted to instruction and
for homebound instruction. The purpose of establishing these guidelines
is to provide standards for both owners and users of copyrighted
television programs.

(1) The guidelines were developed to apply only to off-air recording by
non-profit educational institutions.

(2) A broadcast program may be recorded off-air simultaneously with
broadcast transmission (including simultaneous cable transmission) and
retained by a non-profit educational institution for a period not to
exceed the first forty-five (45) consecutive calendar days after 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 recordings 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