Even when no copyright symbol is in evidence, every creative work is protected by copyright. Whether you are interested in displaying a graphic from someone else’s web site or protecting your own creative efforts, it is useful to understand the federal laws and University policies that protect original works against plagiarism or theft.
Federal copyright law allows for fair use (without permission) of copyrighted material for educational purposes. To determine whether use of copyright material falls under Fair Use guidelines, there are four factors to consider. To a certain extent, stricter adherence to any one of these factors can compensate for liberties taken with another. The following is the full text of the fair use statute from the U.S. Copyright Act.
Section 107 of the Copyright Act of 1976. Limitations on exclusive rights: Fair use
“Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified in that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright.
“In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include –
- 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 copyrighted work as a whole; and
- the effect of the use upon the potential market for or value of the copyrighted work.
The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.”
All graphics, photographs and text appearing on Delaware State University’s home page and subsequent web pages are protected by copyright. Redistribution or commercial use is prohibited without express written permission.
Delaware State University Digital Copyright Protection Policies
It is the policy of the University to respect the copyright protections given by federal law to owners of digital materials and software. It is against University policy for faculty, staff, or students to use University equipment or services to access, use, copy or otherwise reproduce, or make available to others any copyright-protected digital materials or software except as permitted under copyright law (especially with respect to “fair use”) or specific license.
The software provided through the University for use by faculty, staff, and students may be used only on computing equipment as specified in the various software licenses.
The University regards violation of this policy as a serious matter, and any such violation is without its consent and is subject to disciplinary action. Repeated violations will result in loss of computing privileges, among other sanctions.
Pursuant to 37 CFR 201.38, the University has designated the following person to receive notification from copyright owners of claimed infringement of copyright:
Delaware State University
1200 N. DuPont Highway
Dover, Delaware 19901-2277
Logos and Other Licensed University Marks and Photography
Logos and graphics relating to Delaware State University are registered and are subject to licensing agreements. If you have questions about legal use of any Delaware State athletic logos, see the Licensing Resource Group, Inc. website or contact athletics [at] desu [dot] edu. For questions concerning the use of the official Delaware State logo (including the globe and the slogan “Making our Mark on the World”), using or obtaining photographic images, contact integratedmarketing [at] desu [dot] edu.
For all other questions or comments concerning the website, contact webmaster [at] desu [dot] edu
Delaware State University is an Equal Opportunity Institution.