Two prevalent methods exist to help one determine whether or not to make copies for personal research or multiple copies for classroom use. The two methods include the following:
- If you are uncertain as to whether your use of a copyrighted work is a fair use, you may use the guidelines as seen below.
The following text has been extracted from Circular 21 of the United States Copyright Office.
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 and not the maximum standards of educational fair use under
Section 106 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 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
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 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
- (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 paragraph.]
- (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 works 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 works found in the text thereof, may be reproduced.
- (i) The copying is at the instance and inspiration of the individual teacher.
- (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 copies from the same author, nor more than three
from the same collective work or periodical volume during one class
- (iii) There shall not be more than nine instances of such multiple copying for one course during one class term.
limitations stated in "ii" and "iii" above shall not apply to current
news periodicals and newspapers and current news sections of other
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 on Copyright Law Revision: by SHELDON ELLIOTT STEINBACH.
- Author-Publisher Group and Authors League of America by IRWIN KARP, Counsel.
- Association of American Publishers, Inc. by ALEXANDER C. HOFFMAN, Chairman, Copyright Committee.