for Specific Media
include text from books, newspapers, magazines, periodicals, newsletters,
web sites, journals, personal letters, speeches and interviews. When adapting
works from text - as from all sources - it is important not only to comply
with the copyright laws, but also to adhere to MCCCD's plagiarism policy.
the scope of fair use for educational institutions, Congress included
guidelines for the copying of printed materials in the legislative history
of the Copyright Act. These guidelines represent the minimum boundaries
of fair use. Uses outside of these guidelines may qualify as fair use.
on Guidelines for Classroom Copying in Not-For-Profit Educational Institutions
with Respect to Books and Periodicals
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
D. A chart, graph, diagram, drawing, cartoon or picture from a book,
periodical, or newspaper;
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:
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
(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
(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 works 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 works found in the text thereof, may be reproduced.
copying is at the instance and inspiration of the individual teacher.
(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.
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.]
as to I and II Above
any of the above, the following shall be prohibited:
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.
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
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.
of course packets can be a cost-effective means of providing students
with concise, current educational materials and excerpts when it is not
necessary for students to read an entire work. Courts, however, have confirmed
that reproducing copyrighted materials into course packets generally exceeds
the scope of fair use. If you are creating a course packet, you must either
verify the work you seek to copy is not protected by copyright or seek
permission to use the work within the packet. Be prepared to pay a fee
or royalties for using the work. The permissions process can take time,
so it is generally advised that you prepare ahead and start early. Often
the copy center preparing the course packet can assist you with the permissions
always contain copyrightable materials, including text, photographs and
illustrations. The selection and organization of public domain materials
into a collective work may also be separately copyrightable. These works
can be individually written, co-authored or written by institutional or
corporate entities. An anthology may have one editor, but contain several
shorter independently copyrighted works within it. It is also important
to remember that the portion of the book you want to use may itself have
been copied by the books' author(s) with or without permission. If so,
you will need to seek out the original source of the material to secure
permission for your intended use. If you are trying to find the copyright
owner through the publisher, be aware that the same work may have more
than one publisher depending upon the format of the work - hard back,
paper back, North American rights, foreign language/country rights, reprints
in digests or anthologies, etc. Electronic books - or e-books as they
are known - are copyrightable and raise new questions about fair use.
Never store an e-book or similar electronic text on a web site or other
computer format accessible to others.
magazines, journals and other periodicals contain a multitude of copyrightable
material - only some of which may be controlled by the publisher of the
periodical. Freelance writers and photographers who contribute their works
to the periodical may retain the copyrights in their works. Other works
are written by employees and are works for hire owned by their employer.
National syndicates may control some columns and cartoons that appear
in various periodicals across the country (e.g. Dear Abby).
periodical's general copyright notice covers all the works within the
periodical, individual copyright notices may not appear on these individual
works, even if they are independently owned and controlled. If the copyright
status of the work is not obvious from the article or work itself, the
publisher of the periodical may have more information about its status
or who to contact for more information.
are generally owned by the advertiser, though it is becoming more common
for an advertising agency to retain copyrights in its ad campaigns. Remember,
even companies that go out of business often sell their assets, including
their intellectual property rights. If you are interested in using an
older advertisement, do not assume that you do not have to clear the rights
solely because the company is no longer in business. Use of a company's
trademarks may also require clearance and permission.
Charts and Databases
law does not protect facts. Databases and compilations of facts can be
protected by copyright, though, in how they are uniquely selected, expressed
and organized. Wholesale copying of lists of facts is almost definitely
an infringement. If you feel certain you are using only facts and have
separated them from their unique organization and expression, permission
should not be required. Graphs, charts and illustrations used to supplement
or enhance factual information have a higher level of originality and
copyrightability and do not constitute facts. Thus, you must separately
analyze whether you need permission to use such materials under general
copyright law and fair use principles.
the copyrights within a work are separable from the work itself. Generally,
the writer of a letter owns the copyrights within the letter, but the
person to whom the letter was written owns the physical letter itself.
When using works such as private letters and diaries, there is a good
chance the works are unpublished. This means that even if the works are
quite old, the copyrights may still exist and you need to seek permission.
Private letters also raise concerns about invasion of privacy. If the
letters are of a particularly intimate nature, you could be liable for
making such information public.
such as interviews and speeches also require special consideration. Copyright
laws do not protect works until they have been fixed in a tangible medium.
Fixation (e.g. recording, writing down) must occur with the author's permission.
Truly impromptu speeches that are not written down or recorded are not
"fixed" and thus are not protected by copyright. Speeches that
have been recorded with permission may require you to clear rights both
with the author of the speech and with the person or entity that recorded
the speech. If you purchase a copy or transcript of a television broadcast,
be sure to read and follow any limitations of use that accompany the transcript.
As for interviews,
the person being interviewed may claim copyrights in the interview. The
conductor of the interview may also claim copyrights in the interview,
perhaps in the questions asked which elicited a particular response from
the interviewee, so you may need permission from both people, depending
upon what portions of the interview you use. Remember, merely crediting
the original source will not alleviate infringement if what you really
need is permission to use the work.