The Copyright Office publishes circulars that provide additional information on specific topcis. Circular 21 provides information on photocopying for the classroom for educators and librarians at a non profit educatonal institution. A sumamry of this information is in the box to the right.
For a link to Circular 21 for the full information, click here.
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, 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
Definitions relating to 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.]
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.
