Reproduction of Copyrighted Works by Educators and Librarians | Page 9

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 words in their entirety. Paragraph "ii"
above notwithstandiiig 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
therefrom 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: Authors League of America: BY IRWIN
KARP, Counsel.
Association of American Publishers, Inc.: BY ALEXANDER C.
HOFFMAN, Chairman, Copyright Committee.
(iii) Guidelines With Respect to Music
In a joint letter dated April 30,1976, representatives of the Music
Publishers' Association of the United States, Inc., the National Music
Publishers' Association, Inc., the Music Teachers National Association,
the Music Educators National Conference, the National Association of
Schools of Music, and the Ad Hoc Committee on Copyright Law
Revision, wrote to Chairman Kastenmeier as follows:
"During the hearings on