Copyright Information

Copyright "is a type of intellectual property that protects original works of authorship as soon as an author fixes the work in a tangible form of expression." Original works are a matter of expression rather than just original thought, meaning they must be captured in a defined form (physical or digital) for copyright protection to apply. This can include common types of expressed works such as books, articles, emails or web based information, photographs, art, graphics and designs, music, and software.

Original works created in this manner automatically provide the author with certain rights upon creation of the work, 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 (i.e. grey literature),
• are facts (news),
• or are ideas, processes, methods, and systems described in copyrighted works.

For more general information, visit Copyright.gov linked below.

Fair Use is an exemption to the exclusive copyright protections of a work and is detailed in Section 107 of the Copyright Act of 1976. Essentially, fair use allows certain certain reproductions and distribution of copyrighted material without the copyright holder's permission "for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research." Use of copyrighted material for these purposes can be deemed as "not an infringement of copyright."

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.)