Copyright is legal protection for creative intellectual works. Almost any expression of an idea is covered by copyright.  This includes text (such as books, articles, emails, and web-based information), photographs, art, graphics, music, and software.

Works are now copyrighted at the moment of creation so before using another person's intellectual work, certain factors need to be considered.

Copyright does not protect works that:

• lack originality (like the phone book),
• are in the public domain
• are freeware (not shareware),
• are US government works,
• are facts (news),
• or are ideas, processes, methods, and systems described in copyrighted works.

Fair Use is an exemption detailed in Section 107 of the Copyright Act of 1976. It allows certain exemptions of reproducing and distributing copyrighted materials for the following purposes:

• Teaching,
• Research,
• News Reporting,
• Criticism,
• Comment,
• Scholarship.

However, not all uses of copyrighted work which fall under these categories can be considered Fair Use. So, to determine whether your purpose of using a work would fall under Fair Use, all of the following four factors must be considered:

1. Purpose and character of the use
   • Is the use for nonprofit educational purposes or for commercial purposes?
   • A particular use is more likely to be considered fair use if it is for nonprofit educational use.
2. Nature of the copyrighted work

   • Is the material factual or imaginative?
   • A particular use is more likely to be considered fair use if the material is primarily factual.
3. Amount and substantiality of the portion used

   • Is a small amount being used to illustrate a point, or is the entire work being used?
   • A particular use is more likely to be considered fair use if it is a small portion of the overall piece.
4. Effect of the use upon the potential market for or value of the copyrighted work
   • Does using the material compete with potential profits that the owner could be entitled to?
   • An instance is more likely to be considered fair use if it is has no impact on potential profits of the copyright owner. (This is often the most difficult factor to overcome.)