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 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.)
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.
