Friday, December 8, 2006

Scenarios (3)

Scenario 1
Carol Kotter has recently started using PowerPoint lectures in her classes. To keep the presentations lively, Carol likes to include hip hop and rap music in the lectures. She also likes to include current photos from the news.

Are these uses permitted?
Yes, if the instruction takes place in a face to face classroom.

§ 110. Limitations on exclusive rights: Exemption of certain performances and displays

Notwithstanding the provisions of section 106, the following are not infringements of copyright:

(1) performance or display of a work by instructors or pupils in the course of face-to-face teaching activities of a nonprofit educational institution, in a classroom or similar place devoted to instruction, unless, in the case of a motion picture or other audiovisual work, the performance, or the display of individual images, is given by means of a copy that was not lawfully made under this title, and that the person responsible for the performance knew or had reason to believe was not lawfully made;. . .

What if Carol wanted to change the music or pictures?
“In addition, changes made to enhance his instructional purpose, e.g. commentary, criticism, even parody, are activities allowed under the fair use provisions.”

This scenario was adapted from Copyright Scenarios from the University of Minnesota Libraries -

Scenario 2
Lacey Lottey wants to have her students read some material that is not in the class text. This includes a single chapter from 3 books and several journal articles. Lacey copies these articles and puts them on reserve in the library. The reserves can only be checked out by students enrolled in Lacey’s class.

Are these uses permitted?
Such copies are subject to the Fair Use provisions of the law. One would need to apply the fair use “Four Factors” balancing test to determine if the use is permitted. This is true whether the use is with traditional paper or with e-reserves. See the Four Factors Handout.
This scenario was adapted from Copyright Scenarios from the University of Minnesota Libraries -

Scenario 3
Hank Holly teaches American Government and regularly makes copies from news magazines and newspapers that he distributes to his class.

Is this use permitted?
Yes, as long as the uses are one time uses and not repeated from term to term. See the Classroom Guidelines handout.

"Classroom Guidelines"

Agreement on Guidelines for Classroom Copying in Not-For-Profit Educational Institutions with Respect to Books and Periodicals
Published in House Report 94-1476

The purpose of the following guidelines is to state the minimum and not the maximum standards of educational fair use under § 107 of H.R. 2233. 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 revised guidelines.

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 § 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.

* Guidelines *


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, 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; provided that:

A. The copying meets the tests of brevity and spontaneity as defined below: B. Meets the cumulative effect test as defined below; and, C. Each copy includes a notice of copyright.



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.


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, not 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.]


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 are 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 high 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.


March 19, 1976


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.