Under certain conditions, a person may make "fair use" of a copyrighted work without violating the exclusive rights of the copyright owner. Section 107 of the Copyright Law lists the factors determining if the use is "fair use." Prior to the passage of the Copyright Act of 1976, Congressional Committees established guidelines to illustrate the boundaries of the "fair use" exemption. These guidelines are not law, but illustrate situations which would be considered "fair use." These guidelines represent MINIMAL standards of "fair use" and should not be interpreted as strict legal limits in all situations. The extent of the permissible copying for educational purposes may change in the future. Judicial decisions may alter the types of copying now permitted under the standards of fair use.

Reproduction Defined

• Duplicating copies of visually-perceptible material, e.g., photocopying, microfilming, videotaping, etc., or
• Recapturing sounds by making phonorecords, e.g., sound recordings, taping off the air, etc.

Permissable Copying

Single copying for research, teaching, or classroom preparation of a chapter, article, short story, poem or essay, and of a chart, diagram, picture, etc. is allowed (whether or not from a collective work).

Multiple copies (not to exceed in any event more than one copy per student in a course) may be made by or for the instructor giving the course for classroom use or discussion, provided such copying meets the tests of BREVITY, SPONTANEITY, and CUMULATIVE EFFECT as defined below. EACH COPY MUST ALSO INCLUDE A NOTICE OF COPYRIGHT.

Brevity

• Complete poems of less than 250 words, AND not more than two pages; or
• An excerpt from a poem of not more than 250 words.*

• Complete article, essay or story if less than 2,500 words, or
• An excerpt if less than 1,000 words or 10% of the work (minimum of 500 words), whichever is less.*

Illustrations:

• One chart, graph, diagram, drawing, cartoon or picture per book or per periodical issue.

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. 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 works and containing not more than 10% of the words found in the text thereof may be reproduced.

Spontaneity

Copying is "spontaneous" if it is the inspiration of the individual instructor and the decision to use the work is so close to the actual use that there would not be time for the copyright owner to reply to a request for permission.

Cumulative Effect

Copying should be limited to:

• Only one course for one semester,
• One work or two excerpts from the same author,
• No more than three excerpts from the same periodical volume/collection during the same semester,
• No more than nine instances of multiple copying for one course during a semester.

Prohibitions

Copying of Copyrighted Material:

• Should not have a significant effect on the market of the work,
• Should not be used to create, replace, or substitute for anthologies, compilations, or collective works, even if accumulated or reproduced and used separately,
• Is not allowed for works intended to be consumable, e.g., workbooks, exercises, test booklets, etc.,
• Is not a substitute for purchasing copyrighted material,
• Is not allowed if directed by higher authority,
• Is not to be repeated under the same circumstances term after term.

Charges

Charges to students should not exceed copying costs.

ISSUED BY: University Comptroller 03/16/87