1. Writings published before January 1, 1978, which have never been copyrighted.
2. Writings published with expired copyrights. All copyrights prior to 1906 have expired (but they may have been renewed).
3. Most U.S. Government publications less than five years old may be photocopied without restrictions, except to the extent they contain copyrighted materials from other sources. In the absence of copyright notice on such works, it is reasonable to assume they are government works considered to be in the public domain.

1. Single Copies by or at the request of an individual instructor:
   1. A chapter of a book;
   2. An article from a magazine 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, magazine, or newspaper.
2. Multiple Copies by or at the request of an instructor for classroom use in only one course:
   1. A complete poem if fewer than 250 words if printed on not more than two pages;
   2. An excerpt from a long poem, but not to exceed 250 words;
   3. A complete article, story, or essay of fewer than 2,500 words;
   4. An excerpt from a larger printed work not to exceed 10 percent of the whole or 1,000 words, whichever is less;
   5. A chart, graph, diagram, cartoon, or picture book or magazine issue.
3. Library Reserves
   At the request of a faculty member, a library may place on reserve excerpts from copyrighted works in its collection in accordance with guidelines similar to those above and to the following:
   1. If the request calls for only one copy to be placed on reserve, the library may photocopy an entire article, an entire chapter from a book, or an entire poem.
   2. Requests for multiple copies placed on reserve should meet the following guidelines:
      (a) The amount of material should be reasonable in relation to the total amount of material assigned for one term of a course, taking into account the nature of the course as well as its subject matter and level;
      (b) The number of copies should be reasonable in light of the number of students enrolled, the difficulty and timing of assignments, and the number of other courses which may assign the same material. A reasonable number of copies is, in most instances, fewer than six; but factors such as the length or difficulty of the assignment, the number of enrolled students and the length of time allowed for completion of the assignment may permit more copies to be placed in reserve if there are unusual circumstances;
      (c) The material should contain a notice of copyright;
      (d) The effect of photocopying the material should not be detrimental to market sales of the work.

1. More than one work or two excerpts from a single author during one class term;

2. More than three works from a collective work or periodical volume during one class term;

3. More than nine sets of multiple copies for distribution to students in one class term;

4. Use to create or replace or substitute for anthologies, compilations, or collective works.;

5. “Consumable works” such as workbooks, standardized tests, and answer sheets. (Note: these prohibitions do not apply to current new magazines and newspapers); and

6. Copying that is not clearly a "fair use" and which is done repeatedly, either by semester or year, by the same instructor for the same purpose.

1. Creating a slide or overhead transparency from multiple sources as long as creation does not exceed 10 percent of photographs in one source (book, magazine, filmstrip, etc.) and unless the source forbids photographic reproduction;

2. Creating a single overhead transparency from a single page of a “consumable” workbook;

3. Reproducing selected slides from a series if reproduction does not exceed 10% of total or excerpt “the essence”;

4. Excerpting sections of a film for a local video tape (not to be shown over cable) if excerpting does not exceed 10 percent of the total or “the essence” of the work;

5. Stories of literary excerpts may be narrated on tape and duplicated provided similar material is not available for sale;

6. Archival copies of video or audio tapes may be produced; however, only a single copy may be used at any time.;

1. Duplication of a tape, except as permitted above, unless reproduction rights have been secured;

2. Reproducing commercial “ditto masters,” either individually or in sets (including multimedia kits) if available for sale separately; and

3. Except as permitted above, converting one media format to another (i.e. film to video tape).

1. A backup copy or adaptations created as an essential step in utilizing the computer program;

2. A single backup copy made for archival purposes if a backup copy is not provided by the publisher, to be held in case the working copy is destroyed or no longer functions;

3. New copies of software within the limitations specified by a site licensing agreement with a software publisher; and

4. Copies of “shareware” software may be made for demonstration and evaluation. Copies of “shareware” software should be accompanied by a copyright notice and the publisher’s “shareware” license agreement.

1. Creation of any new copies of copyrighted programs for any purpose other than the four listed above for Computer Softwaare copying;

2. Creation of new copies while using a disk-sharing system;

3. Use of any “code breaker” programs to defeat copy protection mechanisms used by software publishers;

4. Any modification of copyrighted software, including but not limited to decompiling, disassembling, or otherwise reverse engineering copyrighted code; and .

5. Distribution of older versions of software when upgrading to a new version. Unless specifically permitted by the publisher, the earlier version and the upgrade are considered by law to be elements of the same copy of the software.

1. Emergency copies for an imminent performance are permitted, provided they are replacing purchased copies and replacement is planned;

2. Multiple copies, one per pupil, of excerpts not constituting an entire performance unit or more than 10 percent of the total work may be made for academic purposes other than performances;

3. Purchased sheet music may be edited or simplified, provided the character of the work is not distorted or lyrics are not added or altered;

4. A single copy of a recorded performance by students may be retained by the college or the individual instructor for evaluation or rehearsal purposes; and

5. A single copy of recorded copyrighted music owned and retained by the college for constructing exercises of examinations.

1. Replacing or substituting anthologies, compilations or collections;

2. From works intended to be consumable;

3. For purposes of performance except as permitted as above; and

4. Substituting for purchase of music.

1. A broadcast program may be recorded off-air simultaneously with transmission and retained by a non-profit educational institution for 45 calendar days after the date of recording. After the 45-day retention period, such recordings should be erased or destroyed.

2. Off-air recordings may be used once by individual instructors for relevant classroom activities and once for necessary reinforcement during the first 10 consecutive school days after recording.

3. After the first 10 school days, recordings may be used up to the end of the 45-day retention period for instructor evaluation (i.e. to determine if the program should be purchased for the curriculum).

4. Such recordings may be made only at the request of and used by individual instructors. No broadcast program should be recorded more than once by the same instructor.

5. Such recordings need not be used in their entirety but should not be altered or edited and should include the copyright notice on the program as recorded.

1. Off-air recording in anticipation of teacher request.

2. Using the recording for instruction after the 10-day period.

3. Holding the recording for weeks or indefinitely because

1. Units needing the program concepts are not taught within the 10-day period;
2. An interruption or technical problem delayed its use; or
3. Another teacher wished to use it or any other supposed “legitimate” educational reason.

1. Individual password controls or verifications of a student’s registration status; or

2. Password system for each class; or

3. Retrieval of works by course number or instructor name but not by author or title of the work.

1. Multimedia presentation
Use of both original and pre-existing copyrighted works in various media formats, including but not limited to for example, notes, audio, video, music, text material, graphics, illustrations, photographs, clip art, powerpoint, toolbook, and other similar media presentations.

2. Portion
The amount of a copyrighted work that can reasonably be used in educational multimedia projects under these Guidelines regardless of the original medium from which the copyrighted works are taken.

3. Aggregate
The total amount of copyrighted material from a single copyrighted work that is permitted to be used in an educational multimedia project without permission.

1. Motion Media
Up to 10 percent or three minutes, whichever is less, in the aggregate of a copyrighted motion media work may be reproduced or otherwise incorporated.

2. Text Material
Up to 10 percent or 1,000 words, whichever is less, in the aggregate of a copyrighted work consisting of text material may be reproduced or otherwise incorporated. An entire poem of fewer than 250 words may be used but no more than three poems by one poet or five poems by different poets from any anthology should be used. For poems of greater length 250 words may be used but no more than three excerpts by a poet, or five excerpts by different poets from a single anthology should be used.

3. Music, Lyrics, and Music Video
Up to 10 percent but not more than 30 seconds of the music and lyrics from an individual musical work (or in the aggregate of extracts from an individual work), whether the musical work is embodied in copies, audio, or audiovisual works, should be reproduced or otherwise incorporated. Any alterations to a musical work should not change the basic melody or the fundamental character of the work.

4. Illustrations and Photographs
The reproduction or incorporation of photographs and illustrations is more difficult to define with regard to "fair use" because "fair use" usually precludes the use of an entire work. A photograph or illustration may be used in its entirety but no more than five images by an artist or photographer should be reproduced or otherwise incorporated. When using photographs and illustrations from a published collective work, not more than 10 percent or 15 images, whichever is less, should be reproduced or otherwise incorporated.

5. Numerical Data Sets
Up to 10 percent or 2,500 fields or cell entries, whichever is less, from a copyrighted database or data table should be reproduced or otherwise incorporated. A field entry is defined as a specific item of information, such as a name or Social Security number, in a record of a database file. A cell entry is defined as the intersection where a row and a column meet on a spreadsheet.

1. Over a secure electronic network in real-time or for after- class review or directed self-study;

2. With technological limitations on access to the network and educational multimedia project (such as password or PIN); and

3. With technology that prevents the making of copies of copyrighted material.

Only a limited number of copies, including the original, may be made of an educator’s educational multimedia project. No more than two use copies may be made, only one of which should be placed on reserve. An additional copy may be made for preservation purposes but should only be used or copied to replace a used copy that has been lost, stolen, or damaged. In the case of a jointly created educational multimedia project, each principal creator may retain one copy.