FAIR USE vs 7 DAY RIGHTS (off-air video)_

I have been under the impression that Fair Use superceded any other negotiated use privilages. I got what seems to be conflicting information from the Center for Public Television's Learning Link system. Now I wonder if I have been doing the right thing by sticking to 10 Day Fair Use (I work in a Post-Secondary State Supported Educational Institution Media Center).

The incident that triggered my search for more information was a call to a producer/distributor (non-PBS) asking for clarification of their 'No Copy' policy. Some of their programming was labeled 7 Day, others 1 Year or 1 Day. They told me that items with NO COPY rights could not be used in classes...even under fair use. Is this indeed so???

(excerpt from our Public Television copyright statement):

        SPECIAL NOTES:

	The 10-Day Fair Use Guidelines apply to all commercial television
        and public television broadcasts.  Educators should remember that 
        these guidelines are operative only in the absence of other 
        negotiated rights (see 7-Day School Rerecord Rights for example)
        or licensing agreements, which themselves may be either more or 
        less restrictive than these guidelines.

	GUIDELINE FOR TAPING PBS PROGRAMS: 7-DAY SCHOOL RERECORD RIGHTS

	Several years prior to the establishment of the 10-Day Fair-Use
        Guidelines, the Public Broadcast Services(PBS), negotiated with 
	various entertainment unions and producers the rights to offer
	more liberal 7-Day School Rerecord Rights for some PBS programming.

	Many programs and series presently distributed by PBS through its
	member stations include 7-Day School Rerecord Rights whose
	criterion are slightly different than those for the 10-Day Fair-Use.



	>> Program may be recorded without a prior request from a teacher

	   and may be recorded and exhibited each time a program is broadcast.



	>> Only a single copy of the program can be recorded by an

	   educational institution and that copy cannot be duplicated.



	>> The program can be retained for a total of 7 consecutive days

	   following its broadcast, but must be erased at the end of 7 days.



	>> Teachers may exhibit the program as often as needed during the

	   7-day period.
        --------------------------------------------------------------------

Am I to assume (!) that I *can not* routinely tape off air at the instructors request until I have determined which rights apply to the work in question?

  Richard Godfrey         EXPERT: "Someone who knows no more than you,
  VOICE: (919) 598-9265            but has it better organized, and
    FAX: (919) 598-9412            uses slides." (unknown)