Copying of copyrighted materials for student learning and research use without written permission may occur in the following instances:

• The copying meets the tests of brevity and spontaneity (as defined below).
• The copying meets the cumulative effect test (as defined below).
• Each copy includes a notice of copyright like the following: "This material may be protected by Copyright law (title 17, US Code)."

Brevity: Either a complete article, story or essay of less than 2,500 words, (usually varies 3-8 pages depending on size of page and type) or an excerpt from any prose work of not more than 1,000 words or 10 percent of the work, whichever is greater.

Spontaneity: The copying is at the instance and inspiration of the individual teacher, and the inspiration and decision to use the work.The moment of its use for maximum teaching effectiveness is so close in time that it would be unreasonable to expect a timely reply to a request for permission.

Cumulative effect: Copying of the material is for only one course in the school in which the copies are made.

Worksheets, study guides, and other materials that are intended to be "consumable" never satisfy the fair use requirements. These items ought never be used without permission of the copyright holder.

If you answer "yes" to any of the following questions, obtain permission from the copyright holder prior to distributing material to students via photocopies, electronic copies, or copies in any other format:

1. Have I used this material previously for this course?
2. Am I providing this material as a direct substitute for purchasing the work itself or a larger resource?
3. Does this work comprise more than 2500 words (complete works)?
4. Does this portion comprise a substantial part of the larger work from which it is drawn?

When permission is required, obtain it by writing directly to the rights holder or by working with a copyright clearance provider such as Copyright Clearance Center or University Readers. Clearance and copying fees may be passed on to students, or they may be paid by the professor or the department requesting the clearance. Each department should adopt a consistent policy regarding the financial burden associated with copied materials.

Reprographics may duplicate copyrighted materials only when presented with a permission letter from the rights holder (or a clearance service) or a completed fair use analysis checklist. Permission letters specify the academic term for which permission has been granted, along with the total number of copies authorized by the rights holder.

Faculty who believe that the fair use guidelines allow use of their chosen materials without permission should consult Miller Library for help conducting a fair use analysis.

Single copying for teachers

Single copies may be made of any of the following by or for teachers at their individual request for scholarly research or use in teaching or preparation to teach a class:

• One chapter from a book;
• An article from a periodical, journal, 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.

Copies made under these guidelines may be used only by the individual professor for research or preparation.