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The agreement below was developed by representatives of copyright owners (authors and publishers). It is not a law, but is widely used as the measure of "safety" by libraries and educational institutions because of its conservative approach. If you follow these guidelines, your use of material will be considered fair use.

If you need to exceed these guidelines but believe your plan still qualifies as fair use, we suggest you check with Jefferson's University Counsel before proceeding. If your planned reproduction of material does not qualify as fair use, AISR staff will assist you with payments to the Copyright Clearance Center or you may request permission directly from the copyright holder.

Note the key features of these guidelines:

  • Limited quantity
  • Limited duration (one semester only)
  • Limited access (course participants only)

JEFFSelects: Copyright & Fair Use

Guidelines for Classroom Copying

One of the rights accorded to the owner of copyright is the right to reproduce or to authorize others to reproduce the work in copies or phonorecords. This right is subject to certain limitations found in sections 107 through 118 of the copyright act (title 17, U.S. Code). One of the more important limitations is the doctrine of “fair use,” defined in section 107.

Section 107 lists the various purposes for which the reproduction of a particular work may be considered “fair,” such as criticism, comment, news reporting, teaching, scholarship, and research. Section 107 also sets out four factors to be considered in determining whether or not a particular use is fair:

  • the purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes;
  • the nature of the copyrighted work;
  • amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
  • the effect of the use upon the potential market for or value of the copyrighted work.

The distinction between “fair use” and infringement may be unclear and not easily defined. There is no specific number of words, lines, or notes that may safely be taken without permission. Acknowledging the source of the copyrighted material does not substitute for obtaining permission.

Copyright protects the particular way an author has expressed himself; it does not extend to any ideas, systems, or factual information presented in the work.

The 1961 Report of the Register of Copyrights on the General Revision of the U.S. Copyright Law cites examples of activities that courts have regarded as fair use: “quotation of excerpts in a review or criticism for purposes of illustration or comment; quotation of short passages in a scholarly or technical work, for illustration or clarification of the author’s observations; use in a parody of some of the content of the work parodied; summary of an address or article, with brief quotations, in a news report; reproduction by a library of a portion of a work to replace part of a damaged copy; reproduction by a teacher or student of a small part of a work to illustrate a lesson; reproduction of a work in legislative or judicial proceedings or reports; incidental and fortuitous reproduction, in a newsreel or broadcast, of a work located in the scene of an event being reported.”

 

The 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 use under Section 107 of HR. 2233. 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 critria of fair use.

*Guidelines*

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 tests of brevity and spontaneity as defined below:

B. Meets the cumulative effect test as defined below; and,

C. Each copy includes a notice of copyright.

DEFINITIONS

Brevity:

  1. 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.

  2. 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 1 and 2 above may be expanded to permit the completion of an unfinished line of a poem or unfinished prose paragraph]

  3. Illustration: One chart, graph, diagram, drawing, cartoon or picture per book or per periodical issue.

  4. " 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 2 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:

  1. The copying is at the instance and inspiration of the individual teacher, and

  2. 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 exact 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.

  2. Not more than one short poem, article, story, essay or two excerpts may be copied from the same author, not more than three from the same collective work or periodical volume during one class.

  3. There shall not be more than nine instances of such multiple copying for one course during one class term.

    [The limitations stated in 2 and 3 above shall not apply to current news periodicals 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:

  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 are reproduced and used seperately.

  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 tests and test booklets and answer sheets and like consumable material.

  3. Copying shall not:
    1. substitute for the purchase of books, publisher reprints or periodicals;
    2. be directed by high authority;
    3. 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 the photocopying.

 

 AGREED

March 19, 1976

AD HOC COMMITTEE ON COPYRIGHT LAW REVISION

By Sheldon Elliott Steinbach 

AUTHOR-PUBLISHER GROUP 

AUTHORS LEAGUE OF AMERICA

By Irwin Karp, Counsel

ASSOCIATION OF AMERICAN PUBLISHERS, INC.

By Alexander C. Hoffman, Chairman Copyright Committee