Notes on Copyright & Related Issues
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Education and "Fair Use"
Libraries, educational institutions, and other non-profit public institutions may be candidates for special considerations of fair use.
- They play a vital role in preserving and disseminating knowledge.
- Unlimited copying privileges for them would still reduce the market for written works and thus reduce the incentive for creating them.
Libraries and archives will not be addressed in these notes. Educational uses will be.
A coalition of authors, publishers, and educational representatives have drafted the following suggested guidelines for the educational use of copyrighted materials.
These guidelines are not encoded in the law.
- A single copy of the following may be made for purposes of scholarly research, for preparing to teach a class, or for teaching a class:
- a chapter from a book, but not an entire book;
- a article from a periodical or newspaper;
- a short story, short essay, or short poem, whether or not from a collected work such as an anthology;
- a chart, graph, diagram, drawing, cartoon, or picture from a book, periodical, or newspaper
- A teacher may make multiple copies of the items listed above, not to exceed one copy per pupil in a course, provided that:
- the amount of material is sufficiently brief, according to the following limits:
- poetry:
- a complete poem of 250 words or less that is printed on no more than two pages, or
- up to 250 words from longer poems (or as many more words as needed to complete the last line);
- prose:
- a complete article, short story, or essay of less than 2,500 words,
- up to 500 words from works from 2,500 to 4,999 words in length,
- excerpts of up to 1,000 words or 10%, whichever is less, of works longer than 5,000 words;
- either of the last two above may be extended to complete any one paragraph;
- illustrations:
- one chart, graph, diagram, drawing, cartoon, or picture contained in a book or periodical issue;
- special works:
- indicates "comparable" but unspecified guidelines for other works,
- e.g., up to two published pages and not more then 10% of the words in an illustrated children's book;
- the copying is done spontaneously:
- the idea must be the teacher's own, and not that of any higher authority;
- the idea must come so close to the intended class that it would be unreasonable to expect a publisher to reply in time (a month to six weeks is the industry norm).
Note: This means you cannot claim "fair use" for repeated copying from term to term. You must obtain valid permission for repeated use of any material.
- the copying must not have an undue cumulative effect on the market for the copyrighted work:
- the copying is for only one course in the school where the copies are made;
- not more than one short piece or two excerpts from longer pieces are copied from the same author;
- not more than three pieces are copied from the same anthology, periodical volume, or other collective work during one class term;
- there are no more than nine instances of such multiple copying for one course during one class term;
- the numbers may be extended for current-affairs news pieces.
- each copy must include a complete notice of its copyright;
- students may not be charged more than the actual cost of the copies.
Even if all of the above guidelines are met, it is still required that copying not be done with the intention of substituting for the purchase of books, reprints, periodicals, compilations, or consumables such as workbooks, tests, or answer sheets.
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Created: Feb 16 1996 ---
Last modified: Mon Feb 19 16:08:19 1996
Copyright © 1996 by
The Geometry Center.
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