2.7.1.2.3: Guidelines for Fair Use Application

The historical and revision notes of 17 U.S.C §107 outline criteria to be applied to materials claiming use under the Fair Use Doctrine. The Guidelines are:

1. Single copying for Teachers: A single copy may be made of any of the following by or for a teacher at the teacher’s individual request for 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.

2. 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 it meets the Fair Use Test:

a. Test of Brevity:

i) Poetry: a complete poem of less than 250 words and if printed on not more than two pages or from a longer poem, an excerpt of not more than 250 words;

ii) Prose: Either a complete article, story or essay of less than 2,500 words or 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.

b. Test of Spontaneity:

i) The copying is at the instance and inspiration of the individual teacher;

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.

c. The Cumulative Effect Test:

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.

iv) Limitations stated in one and two shall not apply to current news periodicals and newspapers and current news sections of other periodicals.

3. Each copy includes a notice of copyright.

4. Prohibitions as to 1 and 2 above.

a. Copying shall not be used to create or to replace or substitute for anthologies, compilations or collective works.

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:

i) Substitute for the purchase of books, publishers’ reprints of periodicals

ii) Be directed by higher authority

iii) 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 copying.