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Fair Use Guidelines
General Information on Photocopied Reserve Materials

The purpose of the following information is to educate each individual user as to what material is generally accepted under the Fair Use Guidelines for Reserve purposes. The Copyright Act of 1976 (Title 17 US Code) grants to copyright owners the exclusive right to reproduce, distribute, perform, and display their works. Any of the foregoing uses without the express permission of the copyright holder constitutes an impermissible use in violation of the Act, unless the use falls within one of the exceptions set forth in Title 17 U.S. Code et. seq. The most commonly utilized exceptions governing permissible use are the "Fair Use" standards (Title 17 U.S. Code, Section 107). Application of the Fair Use factors is inherently imprecise; all factors are interrelated, and no one factor is entitled to inordinate weight. Consequently, Fair Use may differ from one work or situation to another.

The following Fair Use Guidelines were negotiated by education, author, and publishing representatives and were incorporated in the House of Representatives report accompanying the Copyright Act of 1976. As such, they do not carry the weight of statutory law, but are considered an important source of interpretation for the law. It should also be noted that the Guidelines represent the minimum standards of educational fair use. However, there may be instances in which copying which does not fall within the Guidelines stated below may nonetheless be permitted under the more general criteria of Fair Use contained in Section 107. But educa- tional use alone does not constitute "Fair Use."

SINGLE COPYING FOR TEACHING
MULTIPLE COPYING FOR CLASSROOM USE
PROHIBITIONS AS TO I AND II ABOVE

AGREEMENT ON GUIDELINES FOR CLASSROOM COPYING IN NOT FOR PROFIT EDUCATIONAL INSTITUTIONS WITH RESPECT TO BOOKS AND PERIODICALS.

I. SINGLE COPYING FOR TEACHING

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 preparing to teach a class:

  1. A chapter of a book;
  2. An article from a periodical or newspaper;
  3. A short story, short essay or short poem, whether or not from a collective work;
  4. 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 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:
  1. The copying meets the tests of brevity and spontaneity as defined below; and
  2. Meets the cumulative effect test defined below; and
  3. Each copy includes a notice of copyright.
For the purpose of this notice, the American Library Association has recommended the following wording: NOTICE: THIS MATERIAL MAY BE PROTECTED BY COPYRIGHT LAW (Title 17 U.S. Code).

Brevity

  • Poetry: (a) A complete poem if it is less than 250 words and if it is printed on not more than two pages, or (b) from a longer poem, you may make an excerpt of not more than 250 words. (This limit may be exceeded to com plete a line.)
  • Prose: (a) Either a complete article, story or essay if it is 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. {Example: If a prose work contained 3,000 words, 10% would equal 300 words. However, you may copy 500 words.} (This limitation may be exceeded to complete a paragraph.)
  • Illustration: One chart, graph, diagram, drawing, cartoon or picture per book or per periodical issue, {provided that the individual item is not copyrighted}.
  • "Special" Works: Certain works in poetry, prose or in "poetic prose" often combine language with illustrations and are intended sometimes for children and at other times for a more general audience and fall short of 2,500 words in their entirety. Such "special works" may not be reproduced in their entirety; however, an excerpt comprising ... not more than 10% of the words found in the text thereof, may be reproduced.

Spontaneity

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

  1. The copying of the material is for only one course in the school in which the copies are made. {Because the guidelines are not clear as to the meaning of the word "course" the following interpretation is suggested: - Multi section courses taught by the same faculty member - Treat as one course - Multi section courses taught by different faculty members - Treat as separate courses - Elementary teacher teaching multi subject within his/her classroom - Treat each subject as a separate course. It is also suggested that a course may be treated as terminating at the end of a grading period.}
  2. 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 {as opposed to issue} during one class term.
  3. There shall not be more than nine total instances of all multiple copying for one course during one class term. (The cumulative effect limitations shall not apply to current news periodicals.)

III. PROHIBITIONS AS TO I AND II ABOVE

  1. 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.
  2. 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 test booklets and answer sheets and like consumable materials.
  3. Copying shall not:
    • Substitute for the purchase of books, publisher's reprints or periodicals;
    • Be directed by higher authority {i.e., copying must be at the inspiration and direction of the individual teacher};
    • Be repeated with respect to the same item by the same teacher from term to term.
  4. No charge shall be made to the student beyond the actual cost of photocopying.