Copyright automatically protects original works once they are fixed in a tangible medium. This affects eLearning by requiring permission to use copyrighted materials. Orphan works are copyrighted works whose owners cannot be located, making permission difficult. Fair use allows limited use of copyrighted works for educational purposes based on factors like the amount used and the purpose. The TEACH Act expanded fair use for digital distance education. Proper attribution and adhering to fair use guidelines and checklists helps ensure legal use of copyrighted materials in eLearning.