A copyright grants its owner the exclusive right to make and distribute copies of the work protected by the copyright. That means that any unauthorized copying and distribution of the work could constitute copyright infringement.
However, the “fair use” doctrine permits various educational uses of many works protected by copyright. The fair use rules are very complex, so you should not assume that your proposed use constitutes a “fair use” without first obtaining approval from Legal.
There are no clear rules governing how much of a work you may use without infringing.There is NO 10% rule (i.e. – you’re okay if you copy less than 10% of the work) – this is a myth. Contact Legal if you think your proposed use may be a “fair use.”
Listing the author or source of the copyrighted material is NOT a substitute for getting permission.
Unless you first obtain prior approval from Legal, you must follow the following rules when using material(text, image, graphic, chart, photo, music, etc.) created by third-parties:
- If the work was not created 100% by a DeVry University entity, assume that permission from the copyright owner is required. In the educational field, there are certain copyright clearing houses that will expedite the necessary license/permission, such as Copyright Clearance Center and www.copyright.com.
- Unless material on the Internet specifically states that it can be copied or used license-free or that it is not protected by copyright, you should assume that it is protected by copyright and requires permission for use. If you cannot determine who owns the copyright so that you can obtain permission, do not use the material.
- When you do obtain permission to use a copyrighted work, be careful to adhere to the terms, restrictions, and limitations on use contained in that license/permission.Make sure to obtain a written permission that covers all intended uses and users of the copyrighted work. Do not agree to any written permission that requires payment of money or royalties without consulting with Legal.
- Copyrighted materials owned by a third-party can never be marked with a DeVry University entity copyright notice; the actual copyright owner must be identified in the manner specified in the license.
- Never remove any copyright notices, watermarks or copyright management information from any third party work or circumvent any access controls ortechnical control measures with respect to any copyrighted work.
- You need to fully disclose any restrictions/limitations regarding the use of third-party copyrighted materials to anyone using the materials, such as instructors ands taff. For example, if the license states that no hard copies can be distributed, then you must inform the instructor that he/she cannot do so.