General Resources
Education Resources & Issues
|
HIGHLIGHTS
Intellectual Property News
-
FindLaw offers the latest on issues, controversies and rulings.
Yahoo!News - Intellectual Property
GUIDELINES
Guidelines for Classroom Copying in Not-For-Profit
Educational Institutions
Miller Library's Statement on
Copyright
The federal copyright statute governs the reproduction of works of
authorship. Works governed by copyright law include books, photographs,
music, drama, video and sculpture, as well as software, multimedia, and
databases. Copyrighted works are protected regardless of the medium in which
they are created or reproduced; thus, copyright extends to digital works and
works transformed into a digital format. Copyrighted works are not limited
to those that bear a copyright notice. Changes in copyright law states that
works published since March 1, 1989 need not bear a copyright notice to be
protected under the statute.The doctrine of "fair
use" allows limited copying of copyrighted works without the
permission of the owner for certain teaching and research purposes. Also,
there are special limitations and exemptions for the reproduction of
copyrighted works by libraries and archives.
The concept of fair use and its application depends on the
facts of the individual situation. The law is evolving and as such there are
no clear lines concerning which uses are fair and which are not. Guidelines
for classroom copying by not-for-profit educational institutions have been
prepared by a group consisting of the Authors League of America, the
Association of American Publishers, and an ad hoc committee of educational
institutions and organizations and can help determine if your copying needs
are covered under the Fair Use doctrine.
Where questions arise, please consult the guidelines for
classroom copying and other available source material. For certain works,
permission may also be sought from the Copyright Clearance Center (CCC)
which will quote a charge for works for which they are able to give
permission. The Copyright Clearance Center can be contacted at
www.copyright.com.
|
Legislation & Primary Materials
|
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
the educational purpose 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.
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; 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 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.
- Spontaneity
- (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 sane 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 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 there
from 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.
|
