| The
following are the four basic factors as established in Section
107 of the Copyright Act of 1976: |
| 1. |
The
purpose and character of the use, including whether such is
of a commercial nature or is for non-profit educational purposes.
|
| 2. |
The
nature of the copyrighted work. |
| 3. |
The
amount and sustainability of the portion of the work used
in relation to the copyrighted work as a whole. |
| 4. |
The
effort of the use in question on the potential market value
for or value of the copyrighted work. |
Guidelines
for Printed Materials:
The following are prohibitions for unauthorized copying: |
| 1. |
Unauthorized
copying may not be used to create, replace or substitute for
anthologies, compilations or collective works, whether or
not such unauthorized copies are collected and bound together
or are provided separately. |
| 2. |
Unauthorized
copies may not be made of "consumable" works, including workbooks,
exercises, standardized tests, test booklets, answer sheets
and the like. |
| 3. |
Unauthorized
copying may not substitute for the purchase of books, publisher's
reprints or periodicals. |
| 4. |
Higher
authority, such as dean or head of a department may not direct
unauthorized copying. |
| 5. |
The
same teacher cannot copy the same item without permission
from term to term. |
| 6. |
No
charge shall be made to the student beyond the actual cost
of the photocopying. |
| All
of the following criteria must be met for "fair use" permission
to apply: |
| 1. |
When
an individual teacher is "inspired" to use work, and the inspiration
and decision to use it 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, AND |
| 2. |
If the following limitations with regard to the amount of
copying of a work are applied: |
| |
a. |
Complete
article, story or essay -- less than 2,500 words. |
| |
b. |
Excerpted
prose -- the shorter of less than 1,000 words or 10 percent
|
| |
c. |
Chart,
graph, etc.-- One (1) illustration. |
|
d. |
Poetry
-- less than 250 words on two (2) pages or less, AND |
| 3. |
The
copying is for only one course and term, AND |
| 4. |
No
more than one article, story, essay or poem OR two excerpts
from works by the same author may be copied. No more than
three works or excerpts may be copied from the same collective
work or periodical volume during one class term and no more
than nine such instances of multiple copying may occur for
one course during one class term. (Item 4 guidelines do not
apply to current news periodicals, newspapers and current
news periodicals, newspapers and current news sections of
other periodicals). AND, |
| 5. |
The
original copyright notice should appear on all copies of the
work. |
