Mohave Community College Libraries

Fair Use Guidelines

What are the Guidelines for Fair Use by Instructors?

According to the U.S. Copyright Office circular Reproduction of Copyrighted Works (2009), copying by instructors must meet tests for "brevity and spontaneity."  

Brevity: refers to how much of the work an instructor can copy (defined below).

Spontaneity: refers to the instructor’s need to copy, which should occur closely in time to the need to use the copies.

If brevity and spontaneity standards are not met, it is expected the instructor will obtain permission from the copyright holder. If the instructor repeatedly uses the copyrighted material without obtaining permission, it is less likely to be considered fair use. Using something over a period of several semesters or years is not fair use.

Note: that the below parameters are guidelines only; they are not the minimum or maximum standards of educational fair use. Instructors should attempt an equitable balance between the rights of owners and the needs of students when using copyrighted works.

Type of Resources

 

papers  Print  

What you can do

  • make multiple copies for classroom use for face-to-face teaching.
  • transmit over Internet (display as part of a distance learning course or as a class enhancement).
  • for online classes, the amount is comparable to what is typically displayed in the course of a live classroom setting.

quill and ink  Poetry

What you can do

  • a complete poem of less than 250 words, or an excerpt of 250 words from a poem greater than 250 words.

books  Prose

What you can do

  • a complete article, story, or essay that is less than 2,500 words.
  • for works longer than 2500 words, use only excerpts up to 1,000 words or 10 percent of the total work, whichever is less.

Restrictions and Conditions (Print, Poetry, Prose)

For face-to face classroom copying: 

  • only one per student.
  • cannot create anthologies.
  • cannot copy consumables, like workbooks or exams.
  • copies of materials must be legally made or acquired.

For distance learning:

  • technological measures must be in place to prevent unauthorized access or copying.
  • the use must be limited to a specific number of students enrolled in a specific class, and access must be terminated at the end of the lesson or course.
  • cannot use materials specifically marketed or produced for mediated instructional activities over digital networks.
  • copies of materials must be legally made or acquired.

 

photos    Images

What you can do

  • one chart, graph, diagram, drawing, cartoon, or picture contained in a book or periodical issue.
  • single works may be used in their entirety, but no more than 5 images by a single artist or photographer.
  • from a collection of images (different artists or photographers), up to 15 images or 10 percent, whichever is less.

Restrictions and Conditions (Images)

For face-to face classroom copying: 

  • only one per student.
  • cannot create anthologies.
  • cannot copy consumables, like workbooks or exams.
  • copies of materials must be legally made or acquired.

For distance learning:

  • technological measures must be in place to prevent unauthorized access or copying.
  • the use must be limited to a specific number of students enrolled in a specific class, and access must be terminated at the end of the lesson or course.
  • cannot use materials specifically marketed or produced for mediated instructional activities over digital networks.
  • copies of materials must be legally made or acquired.

 

photos    Images

What you can do

  • one chart, graph, diagram, drawing, cartoon, or picture contained in a book or periodical issue.
  • single works may be used in their entirety, but no more than 5 images by a single artist or photographer.
  • from a collection of images (different artists or photographers), up to 15 images or 10 percent, whichever is less.

Restrictions and Conditions (Images)

For face-to face classroom copying: 

  • only one per student.
  • cannot create anthologies.
  • cannot copy consumables, like workbooks or exams.
  • copies of materials must be legally made or acquired.

For distance learning:

  • technological measures must be in place to prevent unauthorized access or copying.
  • the use must be limited to a specific number of students enrolled in a specific class, and access must be terminated at the end of the lesson or course.
  • cannot use materials specifically marketed or produced for mediated instructional activities over digital networks.
  • copies of materials must be legally made or acquired.

 

movie clap board   Motion Pictures and other Audiovisual works (movies, film clips, broadcasts, excerpts from television shows)

What you can do

  • can play (show) in face-to-face classroom setting with no restrictions, as long as legally made or acquired. 
  • no restrictions as long as copies of materials used are legally made and acquired.
  • archival copying okay provided a suitable replacement is unavailable at a fair price or in a viable format.
  • for online classes use only reasonable and limited portions of dramatic works***, such as movies, TV programs, plays, etc. Unlike a face-to-face teaching environment, you may not stream entire dramatic films. Guidelines are up to 10 percent of the total or three minutes, whichever is less.
  • for online classes can use a non-dramatic work (i.e. documentary) in its entirety.
  • for online classes, educational materials marketed as “mediated instructional activities transmitted via digital networks” may not be used.

Restrictions and Conditions (Audiovisual works)

For both distance learning and face to face instruction:

  • the video or film must be screened as part of an instructional program and not for entertainment or recreational purposes.
  • copies of materials used must be legally made or acquired.

For distance learning:

  • technological measures must be in place to prevent unauthorized access or copying.
  • the use must be limited to a specific number of students enrolled in a specific class, and access must be terminated at the end of the lesson or course.
  • cannot use materials specifically marketed or produced for mediated instructional activities over digital networks.
  • copies of materials used must be legally made or acquired.

Dramatic Musical Work - includes musical works incorporated into opera, musicals or music videos.

Non-Dramatic Musical Works - refers to musical works, such as popular songs, that are not incorporated and performed in an opera, musical, or music video. 

Dramatic Work -  work in which the story is portrayed by actors; includes plays, movies, operas, television dramas and comedies.