Copyrighted material to be reproduced under
this paragraph shall be deemed reasonable as to amount and substantiality
if it does not exceed the following guidelines:
(a) a chapter from a book; or
(b) an article from a periodical or newspaper; or
(c) a short story, short essay or short poem, whether or not from a collective
(d) a chart, graph, diagram, drawing, cartoon or picture from a book,
periodical, or newspaper.
The copying meets the tests of brevity described
in the following guidelines:
(a) With respect to poetry, "brevity" is deemed to mean a complete
poem if less than 250 words and if printed on not more than two pages
or, if from a longer poem, an excerpt of not more than 250 words.
(b) With respect to prose, "brevity" is deemed to mean either a
complete article, story or essay of less than 2,500 words, or 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. These limits are not violated
by the completion of an unfinished line of a poem or of an unfinished prose
(c) With respect to illustrations, "brevity" is deemed
to mean one chart, graph, diagram, drawing, cartoon or picture per
book or per periodical issue.
(d) With respect to "special" works (i.e., certain works that
combine language with illustrations, sometimes intended for children,
and that fall short of 2,500 words in their entirety), "brevity"
is deemed to mean an excerpt comprising not more than 10% of the words
found in the text itself.
The copying meets the tests of spontaneity as described in
the following guidelines:
(a) The copying is at the instance and inspiration of the individual
who orders or makes the reproductions or phonorecords to be prepared
(b) 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 from the owner of the copyright.
The copying meets the cumulative effect tests described in
the following guidelines:
(a) The copied material will be used in only one course offered in the
college in which the instructor making the copies holds an academic appointment.
(b) Not more than one short poem, article, story, essay or two excerpts
may be copied from works by the same author, nor more than three
from the same collective work or periodical volume, during the same
quarter or semester.
(c) Not more than nine instances of such multiple copying shall be made
for any one course during the same quarter or
(d) The limitations stated in (b) and (c) do not apply to current news
periodicals and newspapers and current news sections of other periodicals.