Section 2, POLICIES AND PROCEDURES The criteria set by the statute for determining fair use include, but are not limited to: ➢ the purpose and character of the use, including whether use is for commercial or nonprofit educational purposes; ➢ the nature of the copyrighted work; ➢ the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and ➢ the effect of the use upon the potential market for or value of the copyrighted work. Since the law does not limit the determination of fair use to those four standards, this is one of the law's "gray areas" that will have to be clarified by the courts, according to Sheldon Steinbach, legal counsel for the American Council on Education. Copying for Teachers: Although the act does not set standards for copying of material by teachers, the House Judiciary Committee set "minimum" guidelines in its report on the legislation. Under those guidelines, teachers may make single copies of: book chapters for use in research, instruction or preparation for teaching; articles from periodicals or newspapers; short stories, essays or poems; and charts, graphs, diagrams, drawings, cartoons or pictures from books, periodicals, or newspapers. Multiple copies, not exceeding more than one per pupil, may be made for classroom use or discussion if the copying meets the tests of "brevity, spontaneity and cumulative effect" set by the guidelines. Each copy must include a notice of copyright. Brevity: Under the brevity test, which is defined separately for poetry, prose and graphics, the guidelines say: ➢ A complete poem, if less than 250 words and two pages long, may be copied. Excerpts from longer poems cannot exceed 250 words; ➢ Teachers may copy complete articles, stories or essays of less than 2,500 words or excerpts from prose works less than 1,000 words or 10 percent of the work, whichever is less. In any event, the minimum 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 periodical issue may be copied. ➢ "Special" works, such as children's books combining poetry, prose or poetic prose, cannot be reproduced in full. An excerpt of no more than two pages and no more than 10 percent of the words may be copied. Spontaneity: The copying should be at the "instance and inspiration of the individual teacher," say the guidelines. The "inspiration and decision" to use the work should be "so close in time" to the "moment of its use for maximum teaching effectiveness" that it would be "unreasonable to expect a timely reply to a request for permission." Cumulative Effect: Teachers are limited by the guidelines to using the copied material for only one course in the school in which copies are made. No more than one short poem,
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