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 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.
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[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
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 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.
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(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:
Authors League of America:
By IRWIN KARP, Counsel.
Association of American Publishers, Inc.:
By ALEXANDER C. HOFFMAN,
Chairman, Copyright Committee.

 

 

 
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