Can I copy a poem or other work to distribute
to my students?
If the poem, short story or other work is copyrighted, it cannot be reproduced except by
permission of the copyright owner, with a few exceptions. Sometimes a general copyright notice
includes permission to reproduce the material, as is common with software. In this case, the
licensing agreement will specify if copies can be made and for what purpose; any other copying is
a copyright violation.
How do I obtain permission to reproduce a
copyrighted work?
Request permission directly from the copyright owner. Contact either the author of the work or the
publishing company. Owners/authors will usually want to be paid for use of their work, but they
might give teachers permission to use it for free.
What is the “fair use” exception in copyright
law?
Fair use means that it is OK to duplicate a small portion of a work if it will be used in a way
that is not harmful to the work’s commercial value. (You don’t copy a chapter of a book to avoid
buying it). The government has set guidelines for what constitutes fair use in the educational
setting, and schools must meet only minimum standards. See
Reproduction of Copyrighted
Works by Educators and Librarians (pdf).
General fair-use guidelines
These guidelines cover situations in which individual teachers wish to duplicate copyrighted works
but do not have reasonably sufficient time to get permission.
1. You may make a single copy of any of the following for use in teaching or preparation to
teach a class:
- A chapter from a book
- An article from a periodical or newspaper
- A short story, short essay or short poem
- A chart, graph, diagram, drawing, cartoon or picture from a book, periodical or newspaper
2. You may make multiple copies (no more than one copy per pupil in a course) for classroom use
or discussion, provided:
- The copying is brief and
spontaneous.
- It meets the cumulative effect test.
- Each copy includes a notice of copyright. (Copyright notice generally includes the year of
copyright, a copyright symbol or the actual word "copyright," and the name of the copyright
owner.)
Fair-use don’ts
- Don’t copy workbooks, exercises, standardized tests, test booklets, answer sheets or any
other similar consumable material. Consider them copyrighted.
- Don’t copy any work simply to avoid purchasing it.
- Don’t think it is OK to copy a work just because your supervisor told you to.
- Don’t continue to duplicate and distribute copies of a copyrighted work from term to term,
even if you sought permission for the original use. Seek permission each time.
Fair-use of musical works
You may:
- For academic purposes other than performance, make one copy per student of excerpts of
works, provided that the excerpts do not constitute a performable unit of the work, such as a
section, movement or aria, and are not more than 10 percent of the entire work.
- Edit or simplify copies of written musical works you have purchased as long as the fundamental
character of the work is not distorted. (Distortion would include altering the lyrics or adding
lyrics if none exist.)
- Make a single copy of recordings of performances by students for evaluation or rehearsal
purposes. Either you or the educational institution may retain this copy.
- Make a single copy of a sound recording (such as a tape, disc or cassette) of copyrighted
music from sound recordings owned by the educational institution or yourself for the purpose of
constructing aural exercises or examinations. Either you or the educational institution may
retain these recordings. (This pertains only to the copyright of the music itself and not to any
copyright that may exist in the sound recording.)
You may not:
- Make copies of written musical works for the purpose of performance other than emergency
copying to replace purchased copies, which for any reason are not available for an imminent
performance, with the understanding that purchased replacement copies will be substituted at a
later time.
Any emergency copies should include the copyright notice that appears on the original printed
copy.
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The legal information provided on this Web site is for general purposes only. It is not intended as a substitute for
individual legal advice or the provision of legal services. Accessing this information does not create an
attorney-client relationship. Individual legal situations vary greatly and readers should consult directly with an
attorney. Eligible ATPE members should contact the ATPE Member Legal Services Department using our
online system, MLSIS.
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