What constitutes
a "portion"?

Up to this point, we have been referring to "portions of lawfully acquired copyrighted works," without clarifying what that means. The Fair Use guidelines spell out exactly what constitutes a portion. There are limitations as to the size of the portion and limitations on how long the portion may be used without permission. The following describes allowable portions under the Fair Use Guidelines:

• MOTION MEDIA
  Up to 10% or 3 minutes, whichever is less, in the aggregate of a copyrighted motion media work may be reproduced, performed and displayed for educational purposes.
  
  
• TEXT MATERIAL
  Up to 10%, or 1000 words, whichever is less, in the aggregate of a copyrighted work consisting of text material may be reproduced, performed and displayed for educational purposes.
  
  
• POETRY
  The entire poem if less than 250 words, or 250 words or less of a larger poem, may be reproduced, performed, and displayed as part of a multimedia program produced by an educator or student for educational purposes. No more than 3 poems per poet or 5 poems from different poets from any single anthology.
  
  
• MUSIC
  Up to 10%, but no more than 30 seconds or music or lyrics from any single musical work of a copyrighted musical composition may be reproduced, performed and displayed as part of a multimedia program produced by an educator or student for educational purposes.
  
  
• ILLUSTRATIONS AND PHOTOGRAPHS
  The reproduction or display of photographs and illustrations is more difficult to define with regard to fair use because fair use usually precludes the use of entire works. Under these guidelines a photograph or illustration may be used in its entirety but no more than 5 images of an artist or photographer may be incorporated into any one multimedia program. When using photographs and illustrations from a collection, not more than 10% or 15 images, which ever is less, may be used in the multimedia program.

• NUMERICAL DATA SETS
  Up to 10% or 2500 fields or cell entries, whichever is less, from a database or data table. A field entry is a specific item of information, in a record of a database file. A cell entry is the intersection where a row and column meet on a spreadsheet.

• DOCUMENT REPRODUCTION
  It is the copying of written materials or documents that is traditionally the most common medium in which copyright infringement occurs. Based on the fair use standards, the following constitutes "fair use" under the Copyright Act:
  
  - Single copying for teachers:
  A single copy may be made of any of the following by or for a teacher at his or her individual request for scholarly research, use in teaching, or preparation to teach a class:


1. A chapter from a book.
   
2. An article from a periodical 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, periodical, or newspaper. This single copy must be for the faculty member's own use and may not be placed on reserve in the library.
   

- Multiple copies for classroom:
Multiple copies (not to exceed in any event more than one copy per pupil in a course) may be made by or for the teacher giving the course for classroom use or discussion, provided that:

1. The copying meets the tests of brevity and cumulative effect (see the limitations above)
2. Each copy includes a notice of copyright.
3. It may be possible to place copies on reserve at the Library; check with the office of the Librarian for policy.

Updated, April 2002