NDSU Libraries
Condensed Guide to the 1976 Copyright Act

1. Single Copies for Instructors:

Instructors may make a single copy of any of the following for scholarly research or use in teaching or preparing to teach a class:

• A chapter from a book;
• An article from a periodical or newspaper;
• A short story, short essay or short poem whether or not from a collective work;
• A chart, graph, diagram, drawing , cartoon or picture from a book, periodical, or newspaper.

2. Multiple copies for Classroom Use:

Multiple Copies (not to exceed more than one copy per student in a course) may be provided by the instructor giving the course for classroom discussion; provided that;

• The distribution of the same photocopied material does not reoccur every time the class is taught; and
• The copying meets the tests of brevity and spontaneity as defined below; and
• Meets the cumulative effect test as defined below; and
• Each copy includes a copy of the copyright

3. Definitions:

• Brevity:
  • Poetry:
    • A complete poem if less than 250 words and if printed on not more than two pages or,
    • From a longer poem, an excerpt of not more than 250 words.
  • Prose:
    • Either a complete article, story or essay of less than 2,500 words, or
    • An except from any prose work of not more than 1,000 words or 10% of the work, whichever is less, but in any even a minimum of 500 words.

    (Each of the numerical limits stated in "poetry" or "prose" above may be expanded to permit the completion of an unfinished line of a poem or an unfinished prose paragraph.)

  • Illustration: One chart, graph, diagram drawing, cartoon or picture per book or periodical issue.
  • "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. See "prose" paragraph 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:
  • The copying is at the instance and inspiration of the individual teacher, and
  • 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 request for permission.

• Cumulative Effect:
  • The copying of the material is for only one course in the school in which the copies are made.
  • Not more than one short poem, article, story, essay or two excerpts maybe copied from the same author, nor more than three from the same collective work or periodical volume during one class term.
  • There shall not be more than nine instances of such multiple copying for one course during one class term.

  However the limitations stated in points one and two above shall not apply to current news periodicals and newspapers and current news sections of other periodicals.

4. Prohibitions as to the first three provisions:

Not withstanding any of the above, the following shall be prohibited:

• Copying shall not be used to create or to replace or to substitute for anthologies, compilations or collective works. Such replacement or substitutions may occur whether copies of various works or excerpts there fore are accumulated or are reproduced and used separately.
• 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.
• Copying shall not:
  • substitute for the purchase of books, publisher's reprints, or periodicals;
  • be directed by higher authority;
  • be repeated with respect to the same item by the same teacher from term to term
• No charge shall be made to the student beyond the actual cost of the photocopying.

5. Suggestions for Compliance:

In instances when more than nine articles per course are needed on reserve or when an article is needed on reserve for repeated terms the following alternatives are available:

• Place Personal originals on reserve.
• Obtain reprints from the author or publisher
• Request permission from the copyright holder.
• Use to be made of duplicated materials
• Form of distribution (Classroom, newsletter, reserves, etc.)
• Whether or not the material is to be sold
• Type of reprint (photocopy, photography, offset, typeset)
• Link to an electronic article from a database the university subscribes to.

The request should be sent, together in a self-addressed return envelope, to the permissions department of the publisher in question. If the address of the publisher does not appear at the front of the material, it may be obtained in Literary Marketplace, available in the NDSU Libraries' reference collection.

The process of granting permission requires time for the publisher to check the status of the copyright and to evaluate the nature of the request. It is advisable, therefore, to allow enough lead time to obtain permission before the materials are needed. In some instances, the publisher may assess a fee for the permission. It is not inappropriate to pass this fee on to the students who receive copies of the photocopied material.

For further reading on Copyright is available at the US Government Copyright Office: http://www.copyright.gov/title17/92chap1.html#107

NDSU Libraries policy on the copyright act and photocopying are available upon request at the circulation desk in the main library and the branches.

For further information about copyright compliance and rules, please contact:

Beverly Clouse, NDSU Libraries (Tel: 701-231-8915; Email: Beverly.Clouse@ndsu.edu
Sarah Adams, NDSU Libraries (Tel: 701-231-8395; E-mail: Sarah.J.Adams@ndsu.edu)
Irene Askelson, Architecture/Landscape Architecture Library (Tel: 701-231-8616; Email: Irene Askelson@ndsu.edu);
Diana Kowalski, Health Sciences Library (Tel: 701-231-7748; Email: Diana Kowalski@ndsu.edu);
Heather Heger, Klosterman Chemistry Library (Tel: 701-231-8293; Email: heather.heger@ndsu.edu);