Nologic

http://www.copyright.com/ccc/do/viewPag ... n#copyfaq3
copyright.com wrote:6. Is content found on the Internet considered to be in the public domain and therefore not copyright-protected?
No. The legal concept of the public domain as it applies to copyright law should not be confused with the fact that a work may be publicly available, such as information found in books or periodicals, or on the Internet. The public domain comprises all those works that are either no longer protected by copyright or never were.
Any content in a non-digital form that is protected by copyright will be protected in a digital form. For example, print books are protected by copyright as are electronic books. Analog musical recordings are protected by copyright as are digital musical recordings. A print letter is protected by copyright as is an e-mail letter (both generally owned by the author of that letter or e-mail). Web sites may be protected by copyright as a single work, and also the many different embedded works that are in that Web site may be individually protected by copyright.
7. What is “fair use”?
Fair use is primarily intended to allow the use of copyright-protected works for commentary, parody, news reporting, research and education. However, fair use is not an exception to copyright compliance so much as it is a “legal defense.” That is, if you use a copyright-protected work and the copyright owner claims copyright infringement, you may be able to assert a defense of fair use, which you would then have to prove. Whether a certain reproduction or other use of a copyright-protected work is considered fair use is not specifically set out in the Copyright Act. As such, you must determine, based upon the factors in the Copyright Act, whether that particular act may be considered fair use.
Fair use considers:
The purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit, educational purposes.
The nature of the copyrighted work.
The amount and substantiality of the portion used in relation to the copyright protected work as a whole.
The effect of the use on the potential market for or value of the copyright-protected work.
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