Guidelines
These guidelines are based upon the 1998 Conference on Fair
Use (CONFU) report to congress and have their roots in the original Kastenmeier
Guidelines from 1976. The AD Hoc committee that composed those guidelines
clearly indicated that the guidelines were meant to be a minimum that constituted
educational fair use. The guidelines have not been passed into law and represent
the suggested conditions under which educators can use copyright protected
materials without getting consent of the author or creator of the work. They
are presented here to assist you in making decisions about whether or not
your intended use of certain materials is fair or what is an infringement.
Remember these are guidelines and not hard and fast rules. Use them to guide you
in your selection of educational materials.
1) A teacher may make (or request to be made) a single copy of any
of the following for his or her scholarly research, for use in teaching,
or for preparation to teach a course.
- 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
collection work;
- a chart, graph, diagram, drawing, cartoon or picture from a book,
periodical, or newspaper.
2) A teacher may make (or request to be made) multiple copies for classroom
use of discussions (not to exceed more than one copy per pupil) provided
that:
- The copying meets the tests of brevity, spontaneity, and cumulative
effect; and
- each copy includes a notice of copyright.
A. Test of Brevity
1. Poetry
- A complete poem if less than 250 words and if printed on not
more than two pages or,
- an excerpt has not more than 250 words from a longer poem.
2. Prose
- A complete article, story or essay or less than 250 words or,
- an excerpt from any prose work of not more than 1,000 words
of 10% of the work, whichever is less.
3. Illustration
- One chart, graph, diagram, drawing, cartoon or picture per book
or per periodical issue.
4. "Special" works
- Works in poetry, prose or "poetic prose" which fall
short of 2,500 words in their entirely and
- which often combine language with illustrations and are intended
sometimes for children and at other time for a more general audience.
B. Tests of Spontaneity
1. The copying is at the request and inspiration of the individual
teacher, and
2. 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 except a timely reply to a request
for permission.
C. Test of Cumulative Effect
1. The copying of the material is only for one course in the school
in which the copies are made.
2. 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 collection work or periodical volume during one class term.
3. There shall not be more than nine instances of such multiple
copying for one course during one class term.
3) The following uses are prohibited:
A. A teacher may not copy to create, replace or substitute for;
- anthologies,
- compilations, or
- collective works.
B. A teacher may not copy of or from works intended to be "consumable"
in the course of study or of teaching. These include:
- workbooks,
- exercises,
- standardized tests,
- test booklets,
- answers sheets, and
- like consumable material.
C. Copying shall not:
- substitute for the purchase of books, publishers' reprints or periodicals;
- be directed by higher authority;
- be repeated with respect to the same item by the same teacher from
term to term, and
- no charge shall be made to the student beyond the actual cost of
the photocopying.