Brevity

When copying materials from books and periodicals for classroom use, brevity means the following with regard to these selected works:

  1. Poetry: A complete poem if less than 250 words and if printed on not more than two pages, or an excerpt of not more than 250 words for a longer poem.
  2. Prose: Either a complete article, story or essay of less than 2,500 words, or an excerpt of not more than 2,500 words from any longer prose work.
  3. Illustration: One chart, graph, diagram, drawing, cartoon or picture per book or periodical issue.
  4. Special Works: Certain words in poetry or in "poetic prose" which often combine language with illustrations and are intended sometimes for children and other times for a more general audience, which fall short of 2,500 words in their entirety. An excerpt comprising not more than two of the published pages and containing not more than 10 percent of the words found in the text thereof may be reproduced.

Spontaneity

When copying materials from books and periodicals for classroom use, spontaneity is indicated by the following with regard to the selected works:

  1. The copying is at the instance and inspiration of the individual teacher; and
  2. 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

When copying materials from books and periodicals for classroom use, cumulative effect is indicated by the following with regard to the selected works:

  1. The copying of the material is for only one course per semester taught by the faculty member.
  2. 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.
  3. There shall not be more than nine instances of such multiple copying for one course during one class term.
  4. The limitations in (b) and (c) above shall not apply to current news periodicals and newspapers and current news sections of other periodicals.

Systematic mediated instructional activities

"Systematic mediated instructional activities" refers to the activities educators would engage in during the course of actual class time instruction, as opposed to activities educators might assign as part of the students' work outside of class- see the TEACH Act.

TEACH Act

The Technology, Educational and Copyright Harmonization Act (TEACH Act) passed in 2002 is a revision to the section of copyright law that deals with the performance and display of others' works in distance education settings. It was intended to bring the distance education rules relating to the performance, showing and display of copyrighted works more into line with the rules for face-to-face classroom instruction. Although the TEACH Act provides some expanded opportunities for educators in distance education settings, restrictions still abound and many educators find themselves relying on the more established "fair use" rules to guide them in their decisions about when it is appropriate to use another's work.