Back
to Copyright IssuesThe purpose of the following guidelines is to state the minimum standards of educational fair use under Section 107 of H.R. 2223. The parties agree that the conditions determining the extend of permissible copying for education purposes may change in the future; that certain types of copying permitted under these guidelines may not be permissible in the future; and conversely that in the future other types of copying not permitted under these guidelines may be permissible under revised guidelines.
Moreover, the following statement of guidelines is not intended to limit the types of copying permitted under the standards of fair use under judicial decision and which are stated in Section 107 of the Copyright Revision Bill. There may be instances in which copying which does not fall within the guidelines stated below may nonetheless be permitted under the criteria of fair use.
I. Single Copying for Teachers
A single copy may be made of any of the following by or for a teacher at his or her
individual request for his or her scholarly research or sue in teaching or preparation to
teach a class:
A. A chapter from a book;
B. An article from a periodical or newspaper;
C. A short story, short essay or short poem, whether or not from a collective work;
D. A chart, graph, diagram, cartoon or picture from a book, periodical or newspaper.
II. Multiple Copies for Classroom Use
Multiple copies (not to exceed in an event more than one copy per pupil in a course)
may be made by or for the teacher giving the course for classroom use or discussion;
provided that:
A. The copying meets the tests of brevity and spontaneity as defined below; and,
B. Meets the cumulative effect test as defined below; and,
C. Each copy includes a notice of copyright.
Brevity
(i) Poetry: (a) A complete poem if less than 250 words and if printed on not more than
two pages or, (b) from a longer poem, an excerpt of not more than 250 words.
(ii) Prose: (a) either a complete article, story or essay of less than 2,500 words, or (b)
an excerpt from any prose work of not more than 1,000 words or 10% of the work, whichever
is less, but it any event a minimum of 500 words.
[Each of the numerical limits stated in "i" and "ii" above may be
expanded to permit the completion of an unfinished line of a poem or of an unfinished
prose paragraph.]
(iii) Illustrations: One chart, graph, diagram, drawing, cartoon or picture per book or
per periodical issue.
(iv) "Special" works: Certain works in poetry, prose or in "poetic
prose" which often combine language with illustrations and which are intended
sometimes for children and at other times for a more general audience fall short of 2,500
words in their entirety. Paragraph "ii" above notwithstanding such "special
works" may not be reproduce in their entirety; however, an excerpt comprising not
more than two of the published pages of such special work and containing not more than 10%
of the words found in the text thereof, may be reproduced.
Spontaneity
(i) The copying is at the instances and inspiration of the individual teacher, or
(ii) The inspiration and decision to use the work and the moment of its use for maximum
teaching effectiveness are so close in time that it would be unreasonable to expect a
timely reply to a request for permission.
Cumulative Effect
(i) The copying of the material is for only one course in the school in which the copies
are made.
(ii) Not more than one short poem, article, story, essay or tow excerpts may be copied
from the same author, nor more than three from the same collective work or periodical
volume during one class term.
(iii) There shall not be more than nine instances of such multiple copying for on e course
during one class term.
[The limitations stated in "ii" and "iii" above shall not apply to
current news periodical and newspapers and current news sections of other periodicals.]
III. Prohibitions as to I and II Above
Notwithstanding any of the above, the following shall be prohibited:
A. Copying shall not be used to create or to replace or substitute for anthologies,
compilations or collective works. Such replacement or substitution may occur whether
copies of various works or excerpts therefrom are accumulated or reproduced and used
separately.
B. There shall be no copying of or from works intended to be "consumable" in the
course of study or of teaching. These include workbooks, exercises, standardized tests and
test booklets and answer sheets and like consumable material.
C. Copying shall not:
a. substitute for the purchase of books, publishers'
reprints or periodicals.
b. be directed by higher authority;
c. be repeated with respect to the same item by the same
teacher from term to term.
D. No charge shall be made to the student beyond the actual cost of the photocopying.
Agreed March 19, 1976
Ad Hoc Committee of Educational Institutions and Organizations on Copyright Law Revision
Authors League of America
Association of American Publishers, Inc.
In H.R. Rep. No. 94-1476, 94th Cong. 2d Sess. (1976)
Back
to Copyright Issues
http://www.mnstate.edu/library/instruct/Guidelines.htm
Created 4/8/98
Last updated 11/24/99
goodmanb@mnstate.edu