Copyright Guidelines

 

Agreement on Guidelines for Classroom Copying in

Not-For-Profit Educational Institutions with Respect to

Books and Periodicals

Published in House Report 94-1476

While negotiated as part of the legislative history of copyright law in 1976, the following agreed to classroom guidelines (like the later CONFU guidelines) are not legally binding.
The purpose of the following guidelines is to state the minimum and not the maximum standards of educational fair use under § 107 of H.R. 2233. The parties agree that the conditions determining the extent of permissible copying for educational purposes may change in the future; that certain types of copying permitted under these guidelines may not be permissible in the future; and conversely that in the future other types of copying not permitted under these guidelines may be permissible under revised guidelines.
Moreover, the following statement of guidelines is not intended to limit the types of copying permitted under the standards of fair use under judicial decision and which are stated in § 107 of the Copyright Revision Bill. There may be instances in which copying which does not fall within the guidelines stated below may nonetheless be permitted under the criteria of fair use.

Guidelines

NOTE: These guidelines exclude non-print and software programs.

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:

  1. A chapter from a book;
  2. An article from a periodical or newspaper;
  3. A short story, short essay or short poem, whether or not from a collective work;
  4. 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:

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

DEFINITIONS
Brevity:

  1. 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.
  2. 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.]

  1. Illustration: One chart, graph, diagram, drawing, cartoon or picture per book or per periodical issue.
  2. "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 words 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 words found in the text thereof, may be reproduced.

Spontaneity:

  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:

  1. The copying of the material is for only one course in the school in which the copies are made.
  2. Not more than one short poem, article, story, essay or two excerpts may be copied from the same author, not 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.

[The limitations stated in "ii" and "iii" above shall not apply to current news periodicals and newspapers and current news sections of other periodicals.]

III. PROHIBITIONS AS TO I AND II ABOVE:

Notwithstanding any of the above, the following shall be prohibited:

  1. Copying 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 there from are accumulated or are reproduced and used separately.
  2. There 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 material.

  1. Copying shall not:
    1. substitute for the purchase of books, publishers’ reprints or periodicals;
    2. be directed by high authority;
    3. be repeated with respect to the same item by the same teacher from term to term.
    4. no charge shall be made to the student beyond the actual cost of the photocopying.

Works for Hire/Anonymous Works, Works by

Corporate Authors

Section 101 of the U.S. Copyright Law provides definitions of what a work for hire is. The University's intellectual property policies clarify ownership of faculty works. In other environments, the simple definition is works prepared by employees within the scope of their employment. These works as well as those by corporate or anonymous authors have longer periods of protection: either 95 years from first publication date or 120 years, whichever expires first.

Copyright Law Changes: Affect on How Long Works are Protected

The number of dates and conditions in the shortcut tables can be puzzling. They reflect how copyright law has continued to change. A brief overview of a few major changes will make the tables easier to understand.

  • Over time, copyright terms have lengthened (see table below). From 1790 through 1922, the maximum term was 28 years (initial period of 14 years and 14 year renewal).
  • From 1923 through 1963, the minimum term was 28 and the maximum term 75 years (initial period of 28 years and 47 year renewal).
  • The 1976 copyright law, which went into effect in 1978, tied protection to an author's lifespan : the life of the author + 50 years (for joint authors, the lifespan of the longest living author).
  • In 1998, the Copyright Extension Act extended the individual terms of all that prior legislation by 20 years, creating a bit of a puzzle. Basically,
    • since the maximum protection for works published before 1923 was 28 years, works published before 1923 are in the public domain (no longer protected by copyright and able to be used freely without requesting permission).
    • works published between 1923 and 1963, previously protected for 75 years (if they had a copyright notice and were renewed) are now protected for 95 years. This means that a work published in 1923 with a copyright notice that was renewed is now protected through 2018 (95 years) rather than 75 years (1998). A work published in 1923 will not be in the public domain until 2019. Thereafter, an additional publication year will be released annually. This is why it is particularly important to check if works published between 1923 and 1963 had their copyright renewed. If not, they be in the public domain.
    • works published after 1978, once protected for the life of the author + 50 years are now protected for the life of the author + 70 years.
  • Copyright Notices (before 1977 a notice was required for protection)
    • Works published between 1923 and 1977 without a copyright notice are in the public domain.
    • Before March 1, 1989, (the date the U.S. signed the Berne Convention) a copyright notice was required for copyright protection. Authors were given five years after publication, between 1978 and March 1, 1989, to subsequently register.
  • Automatic Copyright Renewal (1976 copyright law)
    • Beginning in 1964, copyrights were renewed automatically. This is why all works published between 1964 and 1977 that include copyright notices are protected for a full 95 years, the maximum term before protection became the life of the author + 70 years.
  • Unpublished Works (1976 copyright law)
    • Before the 1976 law, unpublished works were protected by common law and subject to state, not federal law.
    • Works created before January 1, 1978 (when the 1976 copyright law became effective) were given the fullest protection: life of the author + 70 years or until December, 31, 2047 (whichever is greater). Consequently, the soonest such works would be in the public domain is 2048.
    • If the date of the author's death isn't know, protection lasts for 120 years.

Law/Year

Affects Publication
Dates

1st Term

Renewal

Total

1790

1790-1922

14 years

14 years

28 years

 

1923-1963

28 years

47 years

was 75, but now 95 years (with a copyright notice and if renewed)

 

1964-1977

28 years

67 years

95 years

1976

1978 -

life of author + 50 years

 

superseded by 1998 Act

1998

1978-

life of author + 70 years

   

Works Published in the U.S. 
( Download a PDF Version)


Date of Publication

Conditions

Copyright Term

Before 1923

None

In the public domain

1923 through 1977

Published without a copyright notice.

In the public domain

1978 to 1 March 1989

Published without notice, and without subsequent registration.

In the public domain

1978 to 1 March 1989

Published without notice, but with subsequent registration.

70 years after the death of author, or if work of corporate authorship,the shorter of 95 years from publication, or 120 years from creation.

1923 through 1963

Published with notice but copyright was not renewed.

In the public domain

1923 through 1963

Published with notice and the copyright was renewed.

95 years after publication date.

1964 through 1977

Published with notice.

95 years after publication date.

1978 to 1 March 1989

Published with notice.

70 years after death of author, or if work of corporate authorship, the shorter of 95 years from publication, or 120 years from creation.

After 1 march 1989

None

70 years after death of author, or if work of corporate authorship, the shorter of 95 years from publication, or 120 years from creation.

Unpublished Works in the U.S.
( Download a PDF Version)


Type of Work

Copyright Term

What was in the public domain in the U.S. as of January, 2006 2

Unpublished works

Life of the author + 70 years.

Works from authors who died before 1936

Unpublished anonymous and pseudonymous works and works made for hire (corporate authorship)

120 years from date of creation.

Works created before 1886.

Unpublished works created before 1978 that were published after 1977 but before 2003

Life of the author + 70 years of 31 December 2047, whichever is greater.

Nothing.  The soonest the works can enter the public domain is 1 January 2048.

Unpublished works created before 1978 that were published after 31 December 2002

Life of the author + 70 years.

Works of authors who died before 1935.

Unpublished works when the death date of the author is not known

120 years from date of creation.

Works created before 1886.

  Works Published Outside the U.S.
( Download a PDF Version)


Date of Publication

Conditions

Copyright Term in the U.S.

Before July 1st, 1909

None.

In the public domain. 

Works Published Abroad Before 1978 in Compliance with U.S. Formalities

July 1st, 1909 through 1922

Published in compliance with U.S. formalities.

In the public domain.

1923 through 1977

Published with notice, and still in copyright in its home country as of January 1st, 1996.

95 years after publication date.3

Works Published Abroad Before 1978 Without Compliance with U.S. Formalities

July 1st, 1909 through 1922

Published in a language other than English and without
subsequent republication with a copyright notice.

In the 9th Judicial Circuit, the same as for an unpublished work; in the rest of the U.S., likely to be in the public domain.

1923 through 1977

In the public domain in its home country as of January 1st, 1996.

In the public domain.

1923 through 1977

Published in a language other than English, without 
subsequent republication with a copyright notice,
and not in the public domain in its home country as of January 1st, 1996.

In the 9th Judicial Circuit, the same as for an unpublished work; in the rest of the U.S.,
likely to be 95 years after publication date.

1923 through 1977

Published in English, without subsequent republication with a copyright notice, and not in the public domain in its home country as of January 1st, 1996.

95 years after publication date.

Works Published Abroad After January 1st, 1978

After January 1st, 1978

Copyright in the work in its home country has not expired by January 1st, 1996.

70 years after death of author, or if work of corporate authorship, the shorter of 95 years from publication, or
120 years from creation.

Special Cases

After July 1st, 1909

Created by a resident of Afghanistan, Bhutan, Ethiopia, Iran, Iraq, Nepal, San Marino, and possibly Yemen, and published in one of these countries.

Not protected by U.S. copyright law because they are not party to international copyright agreements.

After July 1st, 1909

Works whose copyright was once owned or administered by the
Alien Property Custodian, and whose copyright, if restored,
would as of January 1st, 1996, be owned by a government.

Not protected by U.S. copyright law.


1 Not all published works are copyrighted. Works prepared by an officer or employee of the United States Government as part of that person's official duties receive no copyright protection in the U.S. For much of the twentieth century, certain formalities had to be followed to secure copyright protection. For example, some books had to be printed in the United States to receive copyright protection, and failure to deposit copies of works with the Register of Copyright could result in the loss of copyright.
2 A 1961 Copyright study found that fewer than 15% of all registered copyrights were renewed, and for books the figure was even lower - only 7%. A good guide to investi- gating the copyright and renewal status of published work is Samuel Demas and Jennie L. Brogdon's "Determining Copyright Status for Preservation and Access: Defining Reasonable Effort" in the October 1997 issue of Library Resources and Technical Services, volume 41, issue 4.
3 Foreign works published after 1923 are likely to be still under copyright in the U.S. because of the Uruguay Round Agreements Act (URAA) modifying the General Agreement on Tariffs and Trade (GATT). The URAA restored copyright in foreign works that as of January 1st 1996 had fallen into the public domain in the U.S. because of a failure to comply with U.S. formalities. One of the authors of the work had to be a non-U.S. citizen or resident, the work could not have been published in the U.S. within 30 days after its publication abroad, and the work needed to still be in copyright in the country of publication. Such works have a copyright term equivalent to that of an American work that had followed all of the formalities.
The above chart was first published (in slightly different form) in Peter B. Hirtle's "Recent Changes to the Copyright Law: Copyright Term Extension", Archival Outlook, January/ February 1999. The information contained within this version is current as of January 1st, 2015.
The most recent (and complete) version is found at https://copyright.cornell.edu/resources/publicdomain.cfm. Use of this work is governed
by the Creative Commons  Attribution-NonCommercial license 2.0. And in addition, permission is granted for non-profit educational use, including but not limited to reserves and course packs made by for-profit copyshops. The Creative Commons Attribution Non- Commercial license states that others are free to share (copy, distribute, display, perform) this work as well as to remix (make derivative works) if they do so desire. They may do so under the following conditions - that they attribute the work in the manner specified by the author or licensor, and that they may not use this work for commercial purposes.