Citation and Copyright: Copyright

Basic Rule 

Under U.S. law, as of 2021 only publications with a copyright date of 1925 or earlier are no longer protected by copyright (in other words, they are in the public domain) and therefore legal to reproduce with no restrictions. Each year, beginning on January 1, 2019, a new year’s worth of previously copyrighted material will enter the public domain. For example, on January 1, 2022, all works published in 1926 will enter the public domain. Published works still under copyright may be reproduced under various exceptions, including Fair Use.

Fair use is a legal exemption to the exclusive rights of copyright holders. It is determined on a case-by-case basis and is based on a consideration of the following four factors:

• The purpose and character of the use (including whether it is transformative, commercial, non-profit, or educational)
• The nature of the copyrighted work
• The amount and substantiality of the portion to be used
• The effect upon the potential market for the copyrighted work

Not all uses in an educational setting are necessarily covered by the fair use rule. The person making the copy should make an informed decision for themselves before choosing to copy something whether fair use would cover their case.

Fair Use for Books and Periodicals

These guidelines also cover PDF's or other digital documents.

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 chapter from a book;
• An article from a periodical or newspaper;
• A short story, short essay, or short poem, whether or not from a collective work;
• 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:

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

Definitions

• Brevity
  • (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
    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.
• Spontaneity
  • (i) The 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.
• 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 copies from the same author, nor more than three from the sane 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.]

Educational Fair Use of Music Scores Under Copyright 

For academic purposes other than performance, single or multiple copies of excerpts of works may be made, provided that the excerpts do not contain a part of the whole which would constitute a performable unit such as a section, movement or aria, but in no case more than 10 percent of the whole work. The number of copies shall not exceed one copy per pupil. 

For purposes of performance when a printed copy cannot arrive in time a photocopy may be substituted. The photocopy must be destroyed as soon as a printed copy is available. It is permissible to photocopy selected pages to facilitate complicated page turns. 

These guidelines also cover PDF's or other digital documents.

Prohibitions: 

• copying to create or replace or substitute for anthologies, compilations, or collective works; 

• copying of or from works intended to be “consumable” in the course of study or of teaching such as workbooks, exercises, standardized tests, and answer sheets and like material; 

• copying for the purpose of performance, except as noted above; 

• copying for the purpose of substituting for the purchase of music, except as noted above; and 

• copying without inclusion of the copyright notice which appears on the printed copy 

Copyright and Fair Use from Stanford University.

Fair Use Checklist from Columbia University.

Copyright 101--lots of information and tips on copyright

Info on Fair Use from the U.S. Copyright Office
The Case Index of fair uses cases from the U.S. Copyright Office