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South Dakota State University Web Policy
Adopted September 23, 2002 by DOIT group
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| Introduction
1 Who has Responsibility?
2 Updating and modifying this policy
3 Accessibility
4 Official University Web Site
5 Unofficial University Web Site
6 Official University URL
7 Official University Web Server
8 Linking
9 Minimum Information Required
10 Keeping Pages Current
11 Gathering Web Statistics, Privacy Rights, and the use of Cookies
12 Principles Governing Acceptable Use
13 Misuse
Appendix
a. Copyright
b. Logo Usage
c. University Seal
d. Linking and the Law
Introduction
South Dakota State University (SDSU) recognizes the value and potential of publishing, and disseminating information on the World Wide Web (WWW). Allowing and encouraging students, staff, and faculty to publish electronic information on SDSU’s web sites provides the SDSU community with the latest technological advances in computing and publishing.
This policy is applicable to any member of the University community. The quality and accuracy of information published by SDSU plays a significant role in sustaining the strong reputation and image of the University.
This policy also sets minimum standards designed to safeguard that information published electronically is visually appealing and well written and follows the same high standards as other forms of published information, including print, audiovisual, multimedia, etc. It must also conform to the appropriate laws of both state and federal statutes, as well as existing policies of the South Dakota Board of Regents and South Dakota State University.
1. Who has responsibility?
The Vice President for Information Technology for the University directs SDSU overall web presence. Various aspects of this administration are vested in the University Relations for university image, Directors of Information Technology for web servers/access, and Deans, Directors and Department Heads for content from their respective administrative areas.
2. Updating and Modifying
A policy that tries to guide and govern a dynamic education tool such as the WWW needs to be constantly evolving. It is recognized that this particular document will need to be updated, modified and added to as time goes on. The Web Policy Task Force suggests that the Vice President for Information Technology reconstitute a web policy committee as needed and that the policy itself be reviewed every six months by the Directors Of Information Technology (DOIT) group in order to keep the document viable as a policy tool.
3. Accessibility
SDSU is committed to providing equal access to Web-based information in accordance with Section 504 of the Rehabilitation Act of 1973, and the American’s with Disabilities Act. This ensures that SDSU Web pages will be readable by users with disabilities. All Web pages associated with administration and services, courses of instruction, departmental programs, and institute-sponsored activities, must conform to the Web accessibility principles.
The concept of Universal Design means designing for the widest range of people's abilities. The guidelines below apply this concept to web page design. Following them will ensure that your Web pages are robust, standard, and accessible to the fullest possible range of users. As you build your web pages keep in mind that your audience is diverse. Not all web page visitors are using the standard graphical browsers. They may be using adaptive technologies such as screen readers or text-based browsers, have their browser graphics turned off, or may not be able to use, or have access to a mouse and keyboard. Some users also have physical or cognitive disabilities that impact their use of a Web page. Eventually, we may be using cell phones or audio devices from our cars to access the web. Universal Design not only ensures that your information will be accessible to people with various types of disabilities, but also to those using old, alternate, or emerging technologies.
The points below will satisfy minimal accessibility standards for your Web page. We encourage you, however, to go beyond the minimum in making your Web page universally accessible. For more detailed information, consult the World Wide Web Consortium's (W3C) on Web Accessibility Initiative's (WAI) Web Content Accessibility Guidelines 1.0 [External Hyperlink] for Page Authoring.
The links below will take you to the W3C's Web Accessibility Content Guidelines, the definitive resource for Web accessibility issues or information.
The most important points to remember in making your pages accessible are:
- Follow current web standards. HTML 4.0 [External Hyperlink], Cascading Style Sheets (CSS1) [External Hyperlink]
- Images & animations. Use the alt attribute to describe the function of all visuals.
- Image maps. Use client-side MAP and text for hotspots.
- Multimedia. Provide captioning and transcripts of audio, and descriptions of video.
- Hypertext links. Use text that makes sense when read out of context. For example, avoid "click here."
- Page organization. Use headings, lists, and consistent structure. Use CSS for layout and style where possible.
- Graphs & charts. Summarize or use the longdesc attribute.
- Scripts, applets, & plug-ins. Provide alternative content in case-active features where inaccessible or unsupported.
- Frames. Use NOFRAMES and meaningful titles.
- Tables. Make line-by-line reading sensible. Summarize.
- Check your work. Validate using the W3C's HTML Validation Service [External Hyperlink], and the Bobby Accessibility Checker [External Hyperlink]. Test on a variety of platforms (UNIX, Windows, MAC) and browsers (Netscape 3 & 4, IE 5, lynx). Use tools, checklist, and guidelines at http://www.w3.org/WAI/guid-tech.html [External Hyperlink].
- Refer to the WAI Guidelines when in doubt.
DISABILITY POLICY STATEMENT: South Dakota State University reaffirms that it is committed to a policy of non-discrimination on the basis of physical or mental disability/impairment in the offering of all benefits, services, educational and employment opportunities.
4. Official University Web Site
An Official University web site or page is one that resides on a University web server (leased or owned) that disseminates information directly relating to the mission and goals of South Dakota State University as stated in the BOR policy manual.
http://www.sdbor.edu/policy/1-Governance/1-10-2.pdf [External Hyperlink]
5. Unofficial University Web Site
An Unofficial web site or page is one that is not leased or owned, and does not have as it's primary role dissemination of information directly relating to the mission and goals of South Dakota State University as stated in the BOR policy manual.
http://www.sdbor.edu/policy/1-Governance/1-10-2.pdf [External Hyperlink]
6. Official University URL
The Official University URL is WWW.SDSTATE.EDU and its derivatives, such as ABS.SDSTATE.EDU, FCS.SDSTATE.EDU. This URL must be used or its derivative on all Official University web sites to disseminate information directly relating to the mission and goals of South Dakota State University as stated in the BOR policy manual.
http://www.sdbor.edu/policy/1-Governance/1-10-2.pdf [External Hyperlink]
Where the use of SDSTATE.EDU is not appropriate, the URL must clearly indicate SDSTATE.ORG, SDSTATE.MUS. Many faculty sponsor professional organizations on University servers. An example could be NorthernPlainsGeographySociety.SDSTATE.ORG. In this case the URL does not relate directly to the mission of the University but it does relate to the faculty member role as a professional in the Northern Plains Geography Society. The DOIT group will make any final determination of the appropriate URL, if the question arises.
7. Official University Web Servers
An Official University Web Server is one that serves information on material that directly relates to the mission and goals of SDSU, as stated in the BOR policy manual 1-101. These servers will reside within the units of the Directors of Information Technology and will be managed by them. Exceptions to this will be granted only when the web server in question is an integral part of another technology, and the functionality of the two cannot be separated in reasonable fashion. Those wishing to have an exception granted will need to apply to the DOIT group for a waiver.
8. Linking
A link takes a user from one website to another by clicking on a link or image. It sounds simple enough -- but every web site developer should know about links and the law. See Appendix D.
Let's start with some basic definitions of online linking terminology.
A link (or hyperlink) is any component of a Web page that connects to another Web page or another portion of the same Web page. Clicking on highlighted text or a graphic image activates most links.
A deep link is a hyperlink that bypasses a web site's home page and takes the user directly to an internal page. For example, instead of linking to the home page of a newspaper, a deep link might take the user directly to a newspaper article within the site.
What does this mean for SDSU Webmasters?
- Please use common sense in creating links. Do not link into sites that are distasteful or unrelated to SDSU and education.
- Choose your link to open a "New Window" so the user can return to the SDSU web site. Users can get distracted and carried away from our site.
- Check and update all links regularly. Be sure they are accurate and functioning well. Update links quarterly.
9. Minimum Web Page Information
I. Content
A. Required:
- The email address of a responsible person or entity in USERNAME@SDSTATE.EDU format.
- The date of the last update for pages with substantive content change.
- The main index page for each unit shall contain the standard University header and footer banners.
- The main index page for each unit should be named index.htm or index.html.
- Do not use any special characters or spaces in file or directory names.
- No copyrighted materials can be used without permission (see Section 11 - Gathering Web Statistics, Privacy Rights, and the use of Cookies)
- Copyright statement must be included when appropriate.
- Written permission shall be on file to use pictures of persons.
- Include alternate text for all images (for users without graphics capability).
- Link text should make sense even if graphic is not present.
- Use relative URLs for referencing pages which are on SDSU's local web server.
- Include area code with all phone numbers.
- SOUTH DAKOTA STATE UNIVERSITY NON-DISCRIMINATION POLICY: It is the policy of South Dakota State University (SDSU) not to discriminate on the basis of race, color, creed, religion, national origin, ancestry, citizenship, age, gender, sexual orientation, disability, or Vietnam Era Veteran status in the offering of all benefits, services, and educational and employment opportunities.
B. Recommended:
- Include a link to return to the parent homepage on all sub pages.
- Indicate restricted access where appropriate.
- Include warning statement on links that will lead to large documents or images.
- Do not use any browser specific terminology. (for example, "select Save from the File Menu").
- Do not require specialized plug-ins.
- Always think of your users and test with primary user groups.
- Do not include "under construction" links.
- Limit use of animated graphics (due to print problems). When developing graphics for use on your web page please use the licensed software packages, currently supported by the University (Adobe, Microsoft, and Macromedia, etc.). Also freeware that creates PNG images would be acceptable to use. Please do not use Shareware software to develop graphics for official university web pages, as this may cause removal of the image by the university web master. Remember you are responsible for the images on your regardless if they provided by or a third party. When in doubt ask the university web master.
- (The views and opinions expressed in this page are strictly those of the page author. The contents of this page have not been reviewed or approved by South Dakota State University. Any concerns or comments about these pages should be directed to the page author, and not to South Dakota State University.)
10. Keeping Pages Current
In order for a web site to be an effective tool the information contained in it must stay fresh. In some cases pages need to be changed daily. In any case, it is appropriate to review the pages you created at least every semester and more often for time sensitive information.
To this end the authors of web pages on University servers need to review and update their pages every 3 months. The University reserves the right to have pages removed or to request they be removed if the material is deemed out of date and in some way misleading because the time sensitive nature of material has lapsed.
11. Gathering Web Statistics, Privacy Rights, and the use of Cookies
Web Statistics
The reports generated by Lawrence & Schiller and SDSU will be made available to Deans, Directors, and Department Heads and distributed as seen fit. The reports will not be released to any outside party, except for approved advertisement purposes or as deemed appropriate by the DOIT Committee. Reports generated from the on-campus web servers will be distributed to the appropriate department for their use.
Privacy Rights
- SDSU will comply with the Family Educational Rights and Privacy Act (FERPA), as released by the Department of Education. Please refer to FERPA policies concerning the dissemination of student information.
- SDSU reserves the right to publish university-related employee information. Personal information will not be released without the knowledge and consent of the employee.
Use of Cookies
A cookie is a small piece of information written to the hard drive of an Internet user when he or she visits a web site that offers cookies. Cookie files are extremely small, comprising no more than 255 characters and 4k of disk space. Cookies can contain a variety of information, including the name of the website that issued them, sites the user visited, passwords, and even user names and credit card numbers that have been supplied via forms.
- SDSU does not use cookies to identify specific visitors or to collect information about visitors, except for such information that is knowingly and voluntarily submitted by visitors to SDSU sites.
- If cookies are used on any official SDSU website, it shall be for the sole purpose of collecting and storing information about visitors only. The information collected from the use of cookies shall not be shared, sold, or given to another party without the knowledge and consent of the visitors.
- If cookies are used on any official SDSU website, the visitors shall be notified with a disclaimer located in plain sight informing them that cookies are being used, as well as instructions or a link to instructions about disabling and removing cookies.
Security of information, people, and ideas
Security of Information
Any information published on official or unofficial SDSU websites must comply with US Copyright Laws and the Digital Millennium Copyright Act.
Security of Personal Information
Please refer to Privacy Rights.
Security of Ideas
Please refer to Security of Information
12. Principles Governing Acceptable use of the WWW
- Responsibility and Respect - The User recognizes this principle and undertakes at all times to act with respect, courtesy and responsibility, giving due regard to the interests and rights of others. This general guideline carries with it the following specific responsibilities:
- Knowledge of the WWW- The User agrees to obtain a basic knowledge of the WWW and its operating principles and procedures.
- Compliance with Laws - The User will ensure that their use of the WWW applies to all applicable federal, state and local laws and regulations, including but not limited to those principles of law which protect against compromise of copyrights, trade secrets, proprietary information and other intellectual property rights, libel or defamation of character, invasion of privacy, tortuous interference, and export of technical or military data to prohibited countries.
- Validation of Information - The User is responsible for validating the integrity of the information and data it receives or transmits over the WWW.
- Security - The User is required to protect the security of its WWW account and usage. The User(s) password will be treated as private and confidential and will not be disclosed or shared with any third parties. Should the User disclose their password to any third party, the user agrees to take full responsibility for the actions of said third party in connection with their account.
13. Misuse
University web resources may be used only for research, instructional, administrative and service purposes that are directly related to the missions of the university. Appropriate university use is based on the fulfillment of duties, responsibilities and expectations as assigned by instructors, supervisors, administrators or other appropriate authorities.
Personal use of web resources is prohibited, including but not limited to personal web pages, sites, chat rooms, or other interests. Material of a personal nature found on university web servers must be removed immediately upon request from the web administrator, chief information technology officer, or appropriate university administrator. If the author of the personal material refuses to remove the material or cannot be identified, the web administrator is authorized to remove the material.
- Any registered user may create an unofficial web page or unofficial file on a computer that is owned and operated by SDSU or one of its affiliated units as long as it complies with SDSU information technology policies and procedures.
- All such page contents must be for purposes as defined by the instruction, research or service missions of the university. Individuals, units, or groups creating unofficial web pages and files are responsible for and may be held accountable for the contents. SDSU assumes no responsibility for the content of any unofficial web page or file. SDSU reserves the right to restrict the quantity and availability of SDSU computing and network resources for the purpose of creating, maintaining, and viewing unofficial web pages and files.
- SDSU reserves the right to remove, without notice, any web page or file (Official or unofficial) from any computer which is owned and operated by SDSU or its affiliated units, which does not comply with SDSU information technology policies and procedures.
- Use of South Dakota State University's name (i.e. South Dakota State University, SD-State, SDSU), trademarks, official logos, or other intellectual property and creative works is governed by SDSU intellectual property and creative works policies.
- Unauthorized presentation of any web page or file as an Official SDSU Web Page or Official SDSU File or any unauthorized or illegal use of SDSU computers and networks is prohibited.
- Pornography - Due to legal and social issues, pornographic or obscene material, pages, and or links on our server is prohibited. If an existing User publishes pornographic images, SDSU web masters may suspend and/or cancel your account.
- Legitimate Instructional Materials and User Sensibilities - Registered users of SDSU websites teaching on-line or internet-enhanced courses should recognize that some instructional materials could negatively impact the sensibilities of non-class participants who may not understand the context of the materials. In these instances, such materials should be password protected or employ alternative delivery methods (e.g., CD-ROM) to restrict access to only enrolled students.
| Appendix A.
Copyright
Copyright Information
Copyrights
The founding fathers recognized that everyone would benefit if creative people were encouraged to create new intellectual and artistic works. When the United States Constitution was written in 1787, the framers took care to include a copyright clause (Article I, Section 8) giving Congress the power to "promote the Progress of Science and useful Arts" by passing laws that give creative artists (called "Authors" in the Constitution) the exclusive right to their own artistic works for a limited period of time.
Copyright is a legal device that gives the creator of a work of art or literature, or a work that conveys information or ideas, the right to control how that work is used. If someone wrongfully uses the material covered by a copyright, the copyright owner can sue and obtain compensation for any losses suffered.
What types of creative work does copyright protect?
Copyright protects works such as poetry, movies, CD-ROMs, video games, videos, plays, paintings, sheet music, recorded music performances, novels, software code, sculptures, photographs, choreography and architectural designs.
Is the Work Published?
A work is considered published when the author makes it available to the public on an unrestricted basis. If the work is posted on the Internet, however, it would be considered published.
Copyright Ownership: Who Owns What?
The people who create the works of expression, with some important exceptions, generally own copyrights: If an employee in the course of his or her employment creates a work, the employer owns the copyright. If the creator has sold the entire copyright, the purchasing business or person becomes the copyright owner. For SDSU Faculty, check out this web page.
http://www.sdbor.edu/administration/policy_planning/agreements/COHE_Agree/documents/appendr.pdf [External Hyperlink]
What rights do copyright owners have under the Copyright Act?
- Reproduction right -- the right to make copies of a protected work
- Distribution right -- the right to sell or otherwise distribute copies to the public
- Right to create adaptations (called derivative works) -- the right to prepare new works based on the protected work
- Performance and display rights -- the rights to perform a protected work (such as a stage play) or to display a work in public.
What role does a copyright notice play?
Until 1989, a published work had to contain a valid copyright notice to receive protection under the copyright laws. But this requirement is no longer in force -- works first published after March 1, 1989 need not include a copyright notice to gain protection under the law.
But even though a copyright notice is not required, it's still important to include one. When a work contains a valid notice, an infringement by someone cannot claim in court that he or she didn't know it was copyrighted. The very existence of a notice might discourage infringement. Including a copyright notice may make it easier for a potential infringer to track down a copyright owner and legitimately obtain permission to use the work.
What is a valid copyright notice?
A copyright notice should contain:
- the word "copyright"
- a "c" in a circle (¨)
- the date of publication
- the name of either the author or the owner of all the copyright rights in the published work.
When can I use a work without the author's permission?
With one important exception, you should assume that every work is protected by copyright unless you can establish that it is not. You can't rely on the presence or absence of a copyright notice (¦) to make this determination, because a notice is not required for works published after March 1, 1989.
The exception is for materials put to work under the "fair use rule." For example, scholars must be free to quote from their research resources in order to comment on the material. Congress passed a law authorizing the use of copyrighted materials in certain circumstances deemed to be "fair" -- even if the copyright owner doesn't give permission.
If You Want to Use Material on the Internet
Each day, people post vast quantities of creative material on the Internet -- material that is available for downloading by anyone who has the right computer equipment. If you want to download the material for use in your own work, it's best to track down the author of the material and ask for permission. The only exception to this advice is for situations where you want to use only a very small portion of text for educational or non-profit purposes.
Getting Permission to Publish: Tips for Webmasters
The Internet has made it possible for anyone with a computer and modem to become a Web publisher. But even though technology has made information more accessible to everyone, copyright and trademark laws still apply to Web publishing. Here are some tips that can help you avoid legal trouble when you want to use someone else's work on your website.
Assume It's Protected
It is wise to operate under the assumption all material is protected by either copyright or trademark law. Lawsuits are even more likely if you stand to make any money off the use.
You may not freely use someone else's work simply because it has been posted on the Internet (a popular fallacy) or because it lacks a copyright or trademark notice (another fallacy). Whether you find the material online or off, permission is generally needed to reproduce text, artwork, photos and music.
Watch Your Links
Linking is a common method of connecting to the information at other websites. Here's a brief description of what to watch out for.
Most of us are familiar with clicking on a link to go to another website. Common as links are, including them at your site isn't 100% risk-free. Deep links in particular can be problematic. A deep link to another site bypasses its homepage and takes the user directly to an internal page. This practice angers some website owners who do not want visitors to bypass information and advertisements at the home page.
As a general rule, legal claims are most likely to arise if copyrighted material is modified or if customers are confused about the association between the two sites or the source of a product or service.
Remove Unauthorized Material
If someone complains that you are using material on your website without proper authorization, you should immediately remove that material. You should disable access to the offending material or link. Continuing to use material after being notified that you are violating someone else's rights may aggravate the claim and increase your chances of a legal situation.
When Copying Is Ok -- The 'Fair Use' Rule
In some situations, you may make limited use of another's work without asking permission. Sooner or later, almost all writers quote or closely paraphrase what others have written. For example:
Andy, putting together a newsletter on his home computer, reprints an editorial he likes from a daily newspaper. Regina, a freelance writer, closely paraphrases two paragraphs from the Encyclopedia Britannica in an article she's writing. Sylvia, a poet, quotes a line from a poem by T.S. Eliot in one of her own poems. Under the "fair use" rule of copyright law, an author may make limited use of another author's work without asking permission.
Copyright is a right. Fair use is a privilege. The fair use doctrine was initially developed by the courts, and then was codified at 17 U.S.C. ¤107 in 1976. Congress used the following formulation in Section 107:
"[T]he fair use of a copyrighted work, including such use by reproduction in copies... 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 educational use of many copyrighted materials may either be used under the privilege and right of fair use or the use of that copyrighted material may require permission from the copyright holder.
Whether your use of copyrighted material is fair use or not depends upon the four factors detailed in the Copyright Act. More importantly, fair use is determined by balancing all of these factors in relation to the use. As members of South Dakota State University, a nonprofit education institution, the Copyright Act provides important protection when good faith and acting reasonably are applied in determining the privilege of fair use in the classroom. A good faith effort means that you have considered all applications of the four factors. Some of the considerations to apply when using the four factors include the following judgments:
Purpose
Nonprofit educational use
Face-to-face teaching
Criticism and comment
Scholarship and research
News reporting
Nature
Digital or analog
Fiction or non-fiction
Audio-visual formats including sound recordings
Software
Dramatic or non-dramatic
Performance or display
Published or unpublished
Published before or after 1976
Sculpture
Picture
Amount
Quantitative: a small portion
Qualitative: not the "heart of the work"
Effect
No significant effect on the market for the copyrighted work
No significant effect on the potential market for the copyrighted work
No similar product marketed
Licensing or permission mechanism is absent
Contact:
Dr. Steve Marquardt - Dean of Libraries
South Dakota State University
Box 2115
Brookings, SD 57007
Phone Number: 605-688-5106
Fax Number: 605-688-6133
Email address: Steve.Marquardt@sdstate.edu
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| Appendix B.
Logo Usage
Graphic Identity Program
The official mark of South Dakota State University is the University logo featuring a stylized Coughlin Campanile with the letters “SDSU” beneath and South Dakota State University above and to the right.
The University Seal remains an official symbol to be used on diplomas, commencement publications, honorary degree materials, other official documents such as certificates, and for other special purposes as approved by the Office of University Relations. The logo is to be used for all other applications.
An informal version of the logo, consisting only of the Campanile with the lettering SDSU beneath it, may be used without the word mark “South Dakota State University” to the right of the symbol. Both logos are registered as service marks by the University.
The Cooperative Extension Service has an adaptation of the basic South Dakota State University logo, which has been specifically developed and approved for that agency.
Camera ready copies and electronic versions of the logo are available from University Relations, 688-6161 or /Administration/UniversityRelations/Services/SDSULogos
Official University Name and Identifying Marks
It is not appropriate to use alone such words as “State University,” “South Dakota Jacks,” “State University Jacks,” etc. when referring to the University.
University Colors
The official University colors are blue and yellow, which translate in printing to PMS 287 (blue) and PMS 109 (yellow).
Logo Usage
The SDSU logo was developed for compatibility with present University publications, with the University signage program, and with the graphics being used on University vehicles.
Logo Usage Guidelines
Basic guidelines have been developed to ensure the University’s logo is used most effectively:
- Use the University logo as the primary means of communicating the University name to our many publics.
- The logo must be reproduced from authorized reproductions and cannot be redrawn, re-proportioned, or modified in any way.
- Leave a minimum of 3/16" space between the logo and any other design elements, such as additional type for names of organizations or illustrations.
- The lettering SDSU must always appear below the campanile figure, in the typeface New Baskerville.
- Generally, the logo is not to be used with any other logo or symbol of the University or other organization. Agricultural Communications, however, prints materials in cooperation with a number of other state and Federal agencies and other universities. In any cases other logos appear on these publications. Approval to use the logo with other symbols in these instances must first be granted by the Office of University Relations or, in the case of the Cooperative Extension Service or Agricultural Experiment Station, Agricultural Communications.
- The logo may only be printed in the official colors of the University, PMS 287 (blue), and PMS 109 (yellow), black, white, or gold foil stamp.
- The logo may not be reproduced in multiple or graduated colors.
- Minimum recommended reproduction size is 1".
Because there are many design considerations involved in the size and placement of the logo, you should coordinate any project involving its use through the Office of University Relations, 688-6161.
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| Appendix C
The University Seal and Other Marks
University Seal
The official seal of the University dates back to 1962 when then South Dakota State College became South Dakota State University. However, predating that seal is the center portion containing the artwork from the “Great Seal of the State of South Dakota” with the wording in the ring changing through the years until 1962 with the University name change.
Weary Willie and Dirty Lil caricatures
The “Spirit of Hobo Days” Weary Willie, Dirty Lil, and their dog reflect the tradition of fall homecoming at SDSU. Exactly when Weary Willie arrived on the scene is debatable, but he has become personified each year by an SDSU alum during Hobo Week. The use of this logo is protected under the University licensing program, and permission to use it must be granted by the Hobo Day Committee Advisor.
Alumni Association Logo
A new SDSU Alumni Association Logo was designed in 1999. Its use is protected under the University licensing program, and restricted for use only by the Alumni Association.
Coughlin Campanile
The Coughlin Campanile was constructed in 1929 as a gift from 1909 alumnus Charles Coughlin. The National Park Service of the U.S. Department of the Interior placed the structure on the National Register of Historic Places in 1987. Standing at 165 feet tall, the tower is constructed of Indiana Limestone, red brick, and concrete.
Athletic Logos
The official SDSU athletic logos (intertwined “S”) is used primarily on team apparel and items associated with athletics. It is also used on the University’s class ring. The “Running Rabbit” and “Jacks Number 1” logos have not been limited to strictly athletic use.
Permission is required from the SDSU Department of Health, Physical Education and Recreation in order to use these logos. They are also protected as trademarks under the University licensing program.
South Dakota Cooperative Extension Logo
The SDSU Cooperative Extension Service logo combines the name of the agency, an outline of the state of South Dakota, and the SDSU logo. It is appropriate to use the logo to promote Extension meetings, activities and materials. The Extension logo shows the close ties between SDSU, the Cooperative Extension Service, and the citizens of South Dakota.
Licensed Use of Name and Marks
In 1993 the University formalized its program to control the use of the University name and seal and other identifying marks through the University Licensing Program.
Under this program the University requires that all non-University entities who wish to display the University’s marks, excluding the official seal of the University, must obtain permission in the form of a licensing agreement.
All inquires relative to commercial use of the identifying marks should be referred to the Licensing Program Coordinator, Department of Finance and Budget, Office of Licensing Programs, Administration 234B, Box 2201, Brookings, SD 57007-2398.
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| Appendix D
Linking and Law
Links and the Law
Linking is so fundamental to the functioning of the World Wide Web that many users feel that any legal restriction on their use of links is a violation of the right to travel and speak freely in cyberspace. But many businesses who don't want their valuable content associated with or connected to certain sites are far less enthusiastic about some aspects of linking and have challenged some linking practices under theories of trademark, copyright, defamation, invasion of privacy and other laws.
Here, we briefly discuss some of the legal principles that may limit the right to link in some circumstances.
Defamation
A link may defame if its effect is to create an untrue statement that injures the reputation of a person or business.
Invasion of Privacy
A link may violate a person's reasonable expectation of privacy.
Copyright Infringement
Although it is not a violation of copyright law to create a hyperlink, it is a violation of the law to create a link that contributes to unauthorized copying of a copyrighted work if the linking party knew or had reason to know of the unauthorized copying and encouraged it.
Trademark Infringement and Dilution
A trademark is any name or graphic image that identifies and distinguishes products or services. It can be a word such as "Kodak," a graphic image such as the "Ask Jeeves" butler, or it can be a combination of elements such as the colors, lettering and special graphics used to distinguish Ebay.com from other online auctions. Here the broad legal rule is that the first user of a mark generally acquires trademark rights. Infringement occurs when a second user of the trademark, or a substantially similar mark, is likely to confuse consumers. In addition, if a trademark is famous, such as Amazon.com or America Online, the owner can stop others from using it in a way that tarnishes the mark's reputation.
The use of a graphic trademark -- for example the Purina logo -- when linked to the trademark owner's site is sometimes a risky proposition. Unlike the use of a simple word link, a consumer is more likely to be confused into believing that the linked site is associated with or endorses the site that owns the graphical trademark.
How Meta Tags Work
Meta tags do not affect the appearance of a website and are not visible when you look at a Web page, but they provide information regarding the content of the site. While you are using Netscape Navigator or Internet Explorer you can actually view the Meta tags on any Web page by clicking on "View," then "Source." The tags always start with the word "meta." Primarily search engines that wade through the programming code and text of each page use Meta tags. When a search engine finds a search term in a Meta tag, it indexes the Web page and displays it in the search results.
Meta Tags and Customer Confusion
A meta tag is programming code used in the creation of a website. Meta tags are powerful tools because they have a direct effect on the frequency with which search engines will find a website. Even though an Internet user never sees this code, Meta tags have been the subject of trademark lawsuits because companies have used them to divert or confuse consumers. For example, Company A inserts the trademark name of a rival business, Company B, into its Meta tag. A customer using a search engine to find Company B may be diverted to Company A instead. Or, John gets fired from Company C, creates a website to spread false rumors about Company C and inserts Company C's trademark into his site's meta tags. Customers searching for Company C are directed to John's false statements.
Deep Linking
As discussed earlier, deep linking allows visitors to bypass information and advertisements at the home page and go directly to an internal page. As a result, sites can lose income because their revenues are often tied to the number of viewers who pass through their home page. Some businesses also dislike the practice because bypassing the homepage may mistakenly create the impression in a user's mind that the two linked sites are associated or endorse each other. There is no law prohibiting deep links and few reported cases dealing with the subject.
Limiting Liability With Disclaimers
If a website owner is concerned about liability for links but is unable or unwilling to seek permission from the linkee, a prominently placed disclaimer may reduce the likelihood of legal problems. A disclaimer is a statement denying an endorsement or waiving liability for a potentially unauthorized activity. If a disclaimer is prominently displayed and clearly written, it may help prevent any liability. To minimize liability for any activities that occur when a visitor is taken to a linked website, a webmaster may want to include a linking disclaimer on its home page or on any pages with otherwise troublesome links.
Sample Linking Disclaimer
By providing links to other sites, [name of your website] does not guarantee, approve or endorse the information or products available at these sites, nor does a link indicate any association with or endorsement by the linked site to [name of your website].
Getting Permission
The simplest method of avoiding linking problems is to seek permission. As a general rule, permission is never required for a hyperlink that uses highlighted text (a text link). For example, highlighting the word "Yahoo!" as a link to the Yahoo! Home page does not require authorization and will not cause a dispute. A linking agreement can be oral or it can be informal -- for example, an email authorization stating, "You have permission to link to our website's home page using the words [insert the words in the link].
Web Policy Task Force
Task Force members were Chair Mike Adelaine, Minh Lee Goon, Kristine Schultz, JoAnn Ullery, Jennifer Crickard, and Josh Reidy. Presented to the DOIT group for approval on July 23, 2001. Approved on July 23, 2001.
This Web Policy Task Force would also like to acknowledge that WWW community of Higher Education for their willingness to put their policies online to share with the rest of the world. Because of this sharing the Task Force could spend a majority of its time looking at issues that affect this University specifically. Thanks to all.
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