JCBE/POLICY FILE: 347.211

Approved: 6/29/78

Revised: 10/22/87

LIMITATIONS UNDER THE COPYRIGHT LAWS

Because copyrighted works may be used for varied purposes such as criticism, comment, news reporting, teaching, scholarship and research, the Board believes appropriate minimum guidelines may aid in furnishing Board employees with an understanding of the limitations of the provisions under the Copyright Revision Act of 1976.

For personal use in research, instruction and preparation, employees may make single copies of book chapters, articles from periodicals or newspapers, short stories, essays or poems, charts, graphs, diagrams, drawings, cartoons or pictures from books, periodicals or newspapers.

Only one copy per student shall be duplicated for classroom use or discussion. Each copy shall include a copyright notice. A complete poem, if less than 250 words and two pages long, may be copied. No excerpts from longer poems shall exceed 250 words. Employees may copy complete articles, stories or essays of less than 2,500 words. Excerpts from prose works over 2,500 words are limited to less than 1,000 words or ten percent of the work, whichever is less. In any event, the minimum number of words for an excerpt of a prose work is 500 words. Each numerical limit may be expanded to permit the completion of an unfinished line of a poem or prose paragraph. One chart, graph, diagram, drawing, cartoon or picture per book or periodical issue may be copied. An excerpt of no more than two pages and no more than ten percent of the works may be copied for special works which combine poetry, prose or poetic prose. No work intended to be consumable such as workbooks, exercises, standardized tests, test booklets and answer sheets shall be copied.

Copying of materials must meet the test of spontaneity. The copying must be at the instance and inspiration of the individual teacher. 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 shall be the only basis for which permission shall not be required.

Employees are limited to using the copied material for only one course in the school in which the copies are made. Not more than one short poem, article, story or two excerpts from the same author may be copied and no more than three works may be copied from a collective work or periodical volume during one class term. Teachers are limited to nine instances of multiple copying for one course during one class term.

This limitation excludes current periodicals, newspapers and current news sections of other periodicals. Using copies to replace or substitute anthologies, compilations or collective works shall be prohibited. No employee shall substitute copies for the purchase of books, publisher's reprints or periodicals, nor may employees repeatedly copy the same item from term to term.

Students who are charged for the cost of duplication shall pay actual costs for copying. No copying of works shall be directed by a higher authority.

If a copy is made without the purpose of direct or indirect commercial advantage, libraries are permitted to make up to six copies per year of a periodical published within the last five years and small excerpts from longer works. Copies may be made of unpublished works for preservation and security, and copies may be made of out-of- print works that cannot be obtained at a fair price. All copies shall include a notice of copyright.

A phonorecord of a published work may be reproduced in facsimile form solely for the purpose of replacing a work that is damaged, deteriorating, lost or stolen, if the library has, after a reasonable effort, determined that an unused replacement cannot be obtained at a fair price.

Due to the increased interest in the use of computers, software has become popular in various instructional programs. All software programs state specific guidelines regarding permission to copy or restrictions for copy. Employees shall adhere strictly to the instructions contained within the software programs.