Guidelines for photocopying

The 1976 Copyright Act includes what is known as the "common law doctrine of fair use." Educational associations and commercial publishers also created a set of guidelines on photocopying which stipulate a minimum level of copying that can be claimed as "fair use." These guidelines constitute a "safe harbor" for photocopying. In general, if you stay within these guidelines, you’ll probably not be guilty of copyright infringement. You should know, however, that not all copyright holders acknowledge these guidelines. You should also know that although following the guidelines may demonstrate a good faith effort to follow copyright law, the guidelines do not provide actual protection, as only statutes such as the Copyright Act of 1976 can do that. In other words, the courts look at these guidelines as references not rules.

1. Teachers and faculty members are allowed to make single copies for instruction and research. This includes:
   1. a chapter from a book;
   2. an article from a journal, periodical, or newspaper;
   3. a short story, essay, or poem;
   4. a diagram or picture in any of those works.
      
2. Teachers and faculty members can also make multiple copies for single distribution in class to students. This is true if the faculty creates:
   1. only one copy for each student; and
   2. includes the notice of copyright; and
   3. uses only limited amounts of poetry, prose, and illustrations; and
   4. there is no charge to the student beyond the cost of the photocopying.

These privileges can be extended if the copying would have little or no consequential ramifications upon the marketability of the original copyrighted work or if there is little or no time to secure permission from the copyright holder. You should get permission (link to copyright commons, copyright.com or FAQ?) from copyright holders if you plan to use the materials more than once, if the photocopying is for commercial use, if the use is for course packs, or if the copies will be used as consumable works in the classroom (workbooks, exercises, tests, etc.). If you’re not sure about what you can legally copy, you should ask the university counsel to review your plans.