except with respect to a work produced or marketed
primarily for performance or display as part of mediated
instructional activities transmitted via digital networks,
or a performance or display that is given by means of a
copy or phonorecord that is not lawfully made and acquired
under this title, and the transmitting government body or
accredited nonprofit educational institution knew or had
reason to believe was not lawfully made and acquired, the
performance of a nondramatic literary or musical work or
reasonable and limited portions of any other work, or
display of a work in an amount comparable to that which is
typically displayed in the course of a live classroom
session, by or in the course of a transmission, if —
- (A) the performance or display is made by, at the
direction of, or under the actual supervision of an
instructor as an integral part of a class session offered
as a regular part of the systematic mediated
instructional activities of a governmental body or an
accredited nonprofit educational institution;
- (B) the performance or display is directly related
and of material assistance to the teaching content of the
transmission;
-
(C) the transmission is made solely for, and, to the
extent technologically feasible, the reception of such
transmission is limited to —
- (i) students officially enrolled in the course
for which the transmission is made; or
- (ii) officers or employees of governmental bodies
as a part of their official duties or employment;
and
-
(D) the transmitting body or institution —
- (i) institutes policies regarding copyright,
provides informational materials to faculty,
students, and relevant staff members that accurately
describe, and promote compliance with, the laws of
the United States relating to copyright, and provides
notice to students that materials used in connection
with the course may be subject to copyright
protection; and
-
(ii) in the case of digital transmissions —
-
(I) applies technological measures that
reasonably prevent —
- (aa) retention of the work in accessible
form by recipients of the transmission from
the transmitting body or institution for
longer than the class session; and
- (bb) unauthorized further dissemination
of the work in accessible form by such
recipients to others; and
- ( II) does not engage in conduct that could
reasonably be expected to interfere with
technological measures used by copyright owners
to prevent such retention or unauthorized further
dissemination;
Guidelines for Classroom Copying
FOLLOWING IS THE TEXT OF THE 1976 "AGREEMENT ON
GUIDELINES FOR CLASSROOM COPYING IN NOT-FOR-PROFIT
EDUCATIONAL INSTITUTIONS WITH RESPECT TO BOOKS AND
PERIODICALS", as adopted by 38 educational organizations
and the publishing industry...
The purpose of the guidelines is to state the minimum
and not the maximum standards of educational fair use under
Section 107 of the [Copyright Act of 1976]. 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 may be
permissible under revised guidelines.
Moreover, the following statement 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 [act]. There may be instances in which
copying does not fall within guidelines stated below may
nonetheless be permitted under the criteria of fair
use.
GUIDELINES:
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:
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 or periodical, or newspaper.
II. 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:
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.
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 per cent of the work, whichever is less,
but in any event a minimum of 500 words.
[Each of the numerical limits states in "i" and "ii"
above may be expanded to permit the completion of an
unfinished line of a poem or 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 per cent of the words found in the text
thereof may be produced.
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 for other periodicals.]
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 produced 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 actual
cost of the photocopying.
