There are two fundamental criteria for copyright protection:
Types of works protected by copyright include:
What is not protected by copyright?
These rights are subject to exceptions and limitations, such as "fair use," which allow limited uses of works without the permission of the copyright holder.
This is the big question, and simply claiming educational use doesn't always cut it, but not all copyrighted work requires permission. Ask yourself these 3 questions:
Question One: Some works aren't protected, like those listed in the box to the left; but note, the presence or absence of a copyright notice no longer carries the significance it once did because the law no longer requires a notice. Older works published without a notice may be in the public domain, but for works created after March 1, 1989, absence of a notice means virtually nothing.
Question Two: If the work is protected, do you wish to exercise one of the owner's exclusive rights? If you want to use the copyrighted work for any of these purposes, you will be exercising the owner's exclusive rights:
Question Three: If you wish to exercise an exclusive right, is your use considered fair use?