COPYRIGHT& FAIR USE
POLICY
Agreement on Guidelines for Classroom Copying
In
Not-For-Profit Educational Institutions With Respect To Books and
Periodicals
The 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 extent of permissible
copying for educational 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 may 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
use 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, drawing, cartoon or picture from a book,
periodical, or newspaper.
II. Multiple Copies for Classroom
Use Multiple copies (not to exceed in any 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 following 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
Definitions
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 in 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 paragragh.]
(iii) Illustration: 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 reproduced 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 instance and inspiration of the individual
teacher, and
(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 two
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 one course during one class term.
[The limitations stated in "ii" and "iii" above shall not apply to
current news periodicals 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 may not be used to create or to replace or substitute for
anthologies, compilations or collective works. A prohibited replacement
or substitution occurs regardless of whether copies of various works or
excerpts therefrom are accumulated or are 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:
1. substitute for the purchase of books, publisher's reprints or
periodicals;
2. be directed by higher authority; or
3. be repeated with respect to the same item by the same teacher from
term to term.
D. No charge may be made to the student beyond the actual cost of the
photocopying.
Agreed March 19, 1976
• Ad Hoc Committee on Copyright Law Revision: by Sheldon Elliott
Steinbach
• Author-Publishers Group: Authors League of America: by Irwin Karp,
Counsel
• Association of American Publishers, Inc.: by Alexander C. Hoffman,
Chairman, Copyright Committee