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U.S. copyright laws specifically recognizes the principle of fair use as a limitation on the exclusive rights of copyright owners. The law considers factors in determining whether particular uses fall within this category. Listed below are the minimum standards of educational fair use of copyrighted works under the law. The guidelines are not intended to limit the types of copying permitted under the standards of fair use.

I. 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 his or her scholarly research or use in teaching or preparation to teach a class:

A. A chapter from a book

B. An article from a periodical or newspaper

C. A short story, short essay, or short poem whether or not it is from a collective work

D. A chart, graph, diagram, drawing, cartoon, or picture from a book, periodical, or newspaper.

II. MULTIPLE COPIES FOR CLASSROOM USE:

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:

A. The copying meets the test of brevity and spontaneity as defined below; and,

B. Meets the cumulative effect test as defined below; and,

C. Each copy includes a notice of copyright.

III. PROHIBITIONS AS TO I AND II ABOVE:

Notwithstanding any of the above, the following shall be prohibited:

A. Copying shall not be used to create or to replace or substitute for anthologies, compilations, or collective works. Such replacement or substitution may occur whether copies of various works or excerpts therefrom are accumulated or are reproduced and used separately.

B. 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.

C. Copying shall not:

1. substitute for the purchase of books, publisher's reprints, or periodicals;

2. be directed by higher authority; and

3. be repeated with respect to the same item by the same teacher from term to term.

D. No charge shall be made to the student beyond the actual cost of the photocopying.

Each Navy photo lab should have a copy of SECNAVINST 5870.5, Permission to use Copyrighted Materials in the Department of the Navy. All Photographer's Mates should be familiar with its general content. It should be the basic instruction you should use when the question of copyright comes up. Here are a few excerpts from the instruction:

As a general proposition, copyrighted works may not be used without permission of the copyright owner. Unauthorized use is a copy-right infringement, . . the U.S. Government has no general exemption from copyright infringement liability. Government employees are not, however, personally liable for copyright infringement occurring in the performance of their official duties.

. . . it is a criminal offense to remove or alter any notice of copyright appearing on a . . . copyrighted work, . . .







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