Legal and Ethical Issues: What legal issues and ethical considerations need to be considered for instructional design? How does copyright and fair use impact learning design for talent development professionals? (AOE 2. Instructional Design; 2.13. Legal and Ethical Issues: Copyright and Fair Use
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Using any copyrighted work for learning and training purposes required permission from the copyright owner, i.e. the publisher of the work or the employer of the work’s author, or the author/creator of the work. As stated and shared in the AOE #3 episode on the topic 3.10. Copyright and Fair Use Laws.
Here is the recap of what US laws state about the use of materials for a class, training, or learning:
READ: Copyright, eLearning, and Creativity via eLearning Industry
Fair Use: is a legal doctrine that promotes freedom of expression by permitting the unlicensed use of copyright-protected works in certain circumstances. Section 107 of the US Copyright Act provides the statutory framework for determining whether something is a fair use and identifies certain types of uses—such as criticism, comment, news reporting, teaching, scholarship, and research—as examples of activities that may qualify as fair use.” When considering if objects or materials are under fair use, you should examine the four requirements:
- The purpose is for nonprofit, noncommercial educational use (typical cases)
- The nature of the copyrighted work is consistent with the proposed use
- The amount of the original work involved some small uses can be considered an infringement, that is, a small portion involves the core idea in the copyrighted works
- The effect of using the copyrighted work is not likely to deprive the copyright holder of sales or market interest
RESOURCE: US Code: Title 17. Copyright via Cornell Law School
- Reproduce the copyrighted work
- Prepare derivative works (adaption) based on the copyrighted work
- Distribute copies of the copyrighted work to the public by sale or other transfer of ownership, or by rental, lease, or lending
- Perform the copyrighted work publicly, in the case of motion pictures or other audiovisual works; and
- Display the copyrighted work publicly, in the case of audio or visual work.
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