Photocopying
Guidelines for Classroom Copying with Respect to Books and Periodicals
The following excepts are reprinted from the Circular 21: Reproduction of Copyrighted Works by Educators and Librarians (Section C,2B, ii, Page 7).
The purpose of the following guidelines is to state
the minimum and not the maximum standards of educational
fair use under Section 107. This 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.
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 chapter from a book;
- An article from a periodical or newspaper;
- A short story, short essay or short poem,
whether or not from a collective work;
- A chart, graph, diagram, drawing, cartoon or
picture from a book, periodical, or newspaper;
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:
- The copying meets the tests of brevity and
spontaneity as defined below; and,
- Meets the cumulative effect test as defined below;
and,
- 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 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.]
Prohibitions as to I and II Above
Notwithstanding any of the above, the following
shall be prohibited:
- 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
therefore are accumulated or reproduced and
used separately.
- 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.
- 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.
- No charge shall be made to the student beyond
the actual cost of the photocopying.
