Link to the full text of the congressional and CONFU guidelines that clarify the fair use of copyrighted works in education. Please note that guidelines are not law. The last section, Other Guidelines and Policies, is included for reference only.

3.1 The Congressional Guidelines
Responding to a need for greater specificity of the "murky" fair use doctrine (Section 107 of the Copyright Act), Congress in 1975 urged interested parties to form committees to develop guidelines for the permissible educational and library uses of copyrighted material. These guidelines, which set minimum (or "safe harbor") standards for fair use, have won congressional endorsement and wide acceptance.
There are three sets of congressional guidelines detailing fair use under Section 107:
Guidelines for Classroom Copying in Not-For-Profit Educational Institutions with Respect to Books and Periodicals, Guidelines for Educational Uses of Music, and Guidelines for Off-Air Recordings of Broadcast Programming for Educational Purposes.
An additional set of CONTU (do not confuse with CONFU) guidelines specify what can be photocopied in interlibrary loan arrangements under Section 108(g)(2).

Guidelines for Classroom Copying in Not-For-Profit Educational Institutions with Respect to Books and Periodicals
Guidelines for Educational Uses of Music
Guidelines for Off-Air Recordings of Broadcast Programming for Educational Purposes
CONTU Guidelines on Photocopying under Interlibrary Loan Arrangements
U.S. Copyright Office: Information Circulars and Factsheets

See Reproductions of Copyrighted Works by Educators and Librarians (Circular 21) for a lengthy examination of exclusive rights in copyrighted works (Section 106), the fair use statute (Section 107), library copying (Section 108 and CONTU), the congressional guidelines, and liability for infringement (Section 504). This publication provides the full text of the statutes and guidelines and excerpts from House and Senate Reports interpreting their use.

3.2 The CONFU (Conference on Fair Use) Guidelines
Addressing the growth of digital technologies, the Conference on Fair Use (CONFU) was established in 1994 to bring together copyright owner and user interest groups to negotiate new guidelines for the fair use of electronic media in education and libraries. CONFU (a part of the government’s National Information Infrastructure initiative) set up working groups for educational multimedia, distance learning, electronic reserves, interlibrary loan, digital images, and the use of computer software in libraries. When CONFU concluded in May, 1998, only the educational multimedia and computer software working groups got beyond the draft stage: the other groups either ceased to meet or were unable to achieve workable guidelines.
The CONFU process resulted in the 1997 release of the Fair Use Guidelines for Educational Multimedia. These proposed guidelines are currently undergoing a trial use and monitoring period (which the Groton Public Schools participates in). In addition, a "Statement on Use of Copyrighted Computer Programs (Software) in Libraries -- Scenarios" was adopted in lieu of separate computer software guidelines. Distance learning guidelines have a new lease on life, however, with the Digital Millennium Copyright Act (described in the next section).
Fair Use Guidelines For Educational Multimedia"These guidelines apply to the use, without permission, of portions of lawfully acquired copyrighted works in educational multimedia projects which are created by educators or students as part of a systematic learning activity by nonprint educational institutions.
"Use of Copyrighted Computer Programs (Software) in Libraries - Scenarios"These scenarios illustrate some uses of computer programs and multimedia works by nonprofit libraries, including those at nonprofit educational institutions, for administrative purposes and for on-site and off-site circulation, in light of the following provisions of the Copyright Act of 1976: Section 107, 109(b), and 117."

Fair Use Education (NINCH)Fair use resources with an emphasis on CONFU. From the National Initiative for a Networked Cultural Heritage ("a diverse coalition of organizations created to assure leadership from the cultural community in the evolution of the digital environment").
Copyright and Art Issues (Visual Resources Collection at the University of Oregon)
A copyright and fair use site featuring extensive CONFU material plus related guidelines and policies. Maintained by Christine L. Sundt, Visual Resources Curator, Architecture and Allied Arts Library, University of Oregon.
CONFU: The Conference on Fair Use
More CONFU resources from the University of Texas System. Maintained by Georgia Harper.
Report to the Commissioner on the Conclusion of the First Phase of CONFU (September 1997)
A U.S. Patent and Trademark Office progress report on CONFU guidelines development for digital images, distance learning, and educational multimedia. Of the three sets of guidelines, only the educational multimedia guidelines were released in "present and final form"; the other two were still in the negotiation stage.
Final Report to the Commissioner on the Conclusion of the Conference on Fair Use (November 1998)
The Patent and Trademark Office's final report on the "extraordinary public-private effort to discuss the need for, and to develop, fair use guidelines for educational and library uses of copyrighted works in a digital environment." The full text of all guidelines is included in the report.
"In summary, the CONFU process resulted in much discussion on the issue of fair use in a digital environment. It also resulted in the development of fair use guidelines for educational multimedia, proposals for fair use guidelines for digital images and some aspects of distance learning, the adoption of a statement of scenarios dealing with the use of computer software in libraries, and the identification and referral of two important issues for possible legislative solutions, i.e., (1) reproduction of works for the visually-impaired or other persons with disabilities, and (2) digital preservation. Though the proffered guidelines in the area of electronic reserve systems were not widely supported by CONFU participants, and it was determined by the parties involved that it was premature to draft guidelines addressing digital transmission of digital documents in the context of interlibrary loan and document delivery activities, it was felt that the discussions on these issues had been extremely valuable if not immediately fruitful. . . . As CONFU concluded, it was clear that fair use was alive and well in the digital age, and that attempts to draft widely supported guidelines will be complicated by the often competing interests of the copyright owner and user communities."

3.3 The Digital Millennium Copyright Act and Digital Distance Education
Recognizing CONFU's failure to release distance learning guidelines, Section 403 of the Digital Millennium Copyright Act of 1998 marks a new direction by requiring a report on digital distance education.

TITLE IV-MISCELLANEOUS PROVISIONS SEC. 403. LIMITATIONS ON EXCLUSIVE RIGHTS; DISTANCE EDUCATION. (a) RECOMMENDATIONS BY REGISTER OF COPYRIGHTS.-- Not later than 6 months after the date of the enactment of this Act, the Register of Copyrights, after consultation with representatives of copyright owners, nonprofit educational institutions, and nonprofit libraries and archives, shall submit to the Congress recommendations on how to promote distance education through digital technologies, including interactive digital networks, while maintaining an appropriate balance between the rights of copyright owners and the needs of users of copyrighted works.

In March 2001 the Senate introduced a bill based on the report, S. 487, the Technology, Education, and Copyright Harmonization Act of 2001, also known as the TEACH Act. After a hearing, the Copyright Office later met with interested parties, a consensus was reached, and the bill passed unanimously in June. The bill was then referred to the House Committee on the Judiciary. At this writing, the bill currently awaits action by the House.

 U.S. Copyright Office, Distance Education Study Home Page
After conducting hearings and meeting with interested parties as required by Section 403 of the DMCA, the Copyright Office issued their Report on Copyright and Digital Distance Education. The May 1999 report recommends updating the 110(2) performance and display exemption to allow digital transmissions over computer networks. This proposed elimination of the physical classroom requirement would be accompanied by safeguards to protect content providers. The report also suggests expanding the types of works covered beyond "nondramatic literary or musical works" to include limited portions of sound recordings, audiovisual works, and dramatic works.
For an overview of the report, see the Executive Summary by Marybeth Peters, Register of Copyrights.
Copyright Office Releases Report on Digital Distance Education
This 5/27/99 Library of Congress Press Release summarizes the 353 page report and lists the Copyright Office's recommendations to update section 110(2) of the Copyright Act ("the technological characteristics of digital transmissions have rendered the language of section 110(2) inapplicable to the most advanced delivery method for systematic instruction.")
Technology, Education and Copyright Harmonization Act of 2001: S. 487
Also known as the "TEACH Act," S.487 is based on the recommendations of the Copyright Office's Report on Digital Distance Education. If the bill becomes law, it would "extend the exemption from infringement liability for instructional broadcasting to digital distance learning or distance education." Excluding "any work produced or marketed primarily for performance or display as part of mediated instructional activities transmitted via digital networks" and unlawfully acquired copies, the bill "allows under specified conditions the performance and display of reasonable and limited portions of any copyrighted work in an amount comparable to that which is typically displayed in the course of a live classroom session, by or in the course of a transmission" (Bill Summary). Passed by the Senate on 6/7/01; referred to the House Subcommittee on Courts, the Internet, and Intellectual Property on 6/27/01.
Testimony Presented to Subcommittee on Courts & Intellectual Property
See the Legislative Hearing on S. 487, The Technology, Education, and Copyright Harmonization Act of 2001 - June 27, 2001.
ALA Washington OfficeThe American Library Association's briefing page on Copyright & Intellectual Property examines DMCA and distance education issues. 

3.4 Other Guidelines and Policies
Gateways to other copyright guidelines and policies.

 Coalition for Networked Information: Information Policies
"This compilation of information policies is an attempt to bring together in one convenient place the original text of official statements, principles, and laws related to information policy." CNI, founded by the Association of Research Libraries, Educom, and CAUSE, represents organizations concerned with the use of information technology in higher education.
Copyright and Art Issues (Visual Resources Collection at the University of Oregon)
A copyright and fair use site focusing on guidelines and policy issues. Maintained by Christine L. Sundt, Visual Resources Curator, Architecture and Allied Arts Library, University of Oregon.
A Guide to Copyright for Music Librarians
See the Copyright Guidelines section for a collection of guidelines relevant to both music librarians and educators. From the Music Library Association.
SUL: Copyright & Fair Use: Library Copyright Guidelines
A list of copyright policies that university libraries are implementing. From the Stanford University Libraries' Fair Use and Copyright site.