1156 (1982), was a landmark legal case in the United States in which it was decided that making off-the-air copies of publicly broadcast television programs does not constitute fair use, even if it is intended for a non-commercial and charitable purpose.
The defendants were the Board of Educational Services, First Supervisory District, Erie County, New York [BOCES], and its individual officers and directors.
BOCES was created under section 1950 of the New York Education Law for the purpose of providing educational services and specialized instruction on a cooperative basis to the 19 school districts within its geographic region.
On March 10, 1983, BOCES was ordered to immediately cease copying and pay the requisite damages to the plaintiff.
[2] The court determined that defendants’ highly organized and systematic practice of making off-the-air videotapes and derivative copies of plaintiffs’ televised copyrighted works did not constitute fair use under the copyright laws.