The purpose of the following guidelines is to state the
minimum and not the maximum standards of educational fair
use under Section 107 of H.R. 2223. The parties agree that
the conditions determining the extent of permissible
copying for educational purposes may change in the future;
that certain types of copying permitted under these
guidelines may not be permissible in the future; and
conversely that in the future other types of copying not
permitted under these guidelines may be permissible under
Moreover, the following 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.
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:
II. Multiple Copies for Classroom Use
- 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 (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;
- The copying meets the tests of brevity and
spontaneity as defined below; and,
- Meets the cumulative effect test as defined below;
- Each copy includes a notice of copyright.
(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
- 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.
- 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
- Illustration: One chart, graph, diagram, drawing,
cartoon or picture per book or per periodical issue.
- 'Special' works: Certain work 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.
- The copying is at the instance and inspiration of the
individual teacher, and
- 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.
(The limitations stated in 'ii' and 'iii' above shall
not apply to current news periodicals and newspapers and
current news sections of other periodicals.)
- The copying of the material is for only one course in
the school in which the copies are made.
- 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.
- There shall not be more than nine instances of such
multiple copying for one course during one class
III. Prohibitions as to I and II Above
Notwithstanding any of the above, the following shall be
Agreed MARCH 19, 1976.
- 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.
- 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
- 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.
- No charge shall be made to the student beyond the
actual cost of the photocopying.
Ad Hoc Committee of Copyright Law Revision:
By SHELDON ELLIOTT STEINBACH.
Authors League of America:
By IRWIN KARP, Counsel.
Association of American Publishers, Inc.
By ALEXANDER C. HOFFMAN,
Chairman, Copyright Committee.