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Copyright Tidbit From the Library - Photocopying & Scanning Texts for Students

Nov 11, 2013 9:08 AM
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By Liz Overberg - FF/S

Today's copyright tidbit is about photocopying. 

If you operate by the letter of the law, you should always have permission from the copyright holder to photocopy or scan any material that is copyrighted, even if you are photocopying for educational purposes. 

Many teachers believe that they can freely photocopy pages from things like workbooks, textbooks, journal articles, news articles, novels, anthologies, or sheet music because they are doing so for "educational purposes." Unfortunately, this is not the case. 

Did you know?  

  • Teachers cannot photocopy (or scan and share) a complete work for their students who do not have a copy.
  • Teachers CAN photocopy/scan and share a complete work with their students if each student has a legitimately obtained (purchased) copy. (In other words: If EVERY student has a textbook available at home, then it is legal for a teacher to scan each chapter for them and distribute online.)
  • THINK PROFITS: Teachers cannot legally take away profits from the copyright holder of a work by using a single purchased copy of something to provide information to multiple users. 

What teachers CAN copy and distribute under the Fair Use Act (with permission from the copyright holder whenever possible): 

  • Up to 250 words of a POEM
  • Up to 2,500 words of an ARTICLE or ESSAY
  • 1 chapter or 10% (whichever is greater) of a BOOK or ANTHOLOGY. (And teachers may only do this once per book or anthology.)
If teachers have a need to photocopy information that goes beyond these limits, they simply have to contact the copyright holder (or visit https://www.copyright.gov) and pay for the right to copy and distribute this material to their students. 

As always, please contact me if you have questions. Have a wonderful week!