"The Copyright Act of 1976 sets forth four fair use factors which are to
be considered in determining whether a use is "fair use": 1) the purpose
and character of use; 2) the nature of the copyrighted work; 3) the amount and
substantiality of the portion used; [and] 4) the effect of the use upon the potential
market or value of the work."
Fair use is covered by guidelines for number of copies
and/or portions
of works that may be made. For example, single copies
may be made
of the following for scholarly use, for use in teaching,
or in preparing to teach a
class: a chapter from a book; an article
from a periodical; a short story, short
essay, or short poem; a chart, graph, diagram, drawing, cartoon or picture. (Circular
21 10).
[Emphasis added.]
Multiple copies may be made (not to exceed 1 per pupil)
if they meet the standards for brevity and spontaneity.
Examples of brevity are:
-
poems of less than 250
words;
-
articles, stories, or essays 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".
Spontaneity allows
copying "at the instance and inspiration of the individual teacher". It
also specifies that "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". (Circular 21 10). [Emphasis added.]
To read the full text of Circular 21 , "Reproductions of
Copyrighted Works by Educators and Librarians" from the US Copyright Office, go to
this location and click on #21, http://www.loc.gov/copyright/circs/.
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