Beruflich Dokumente
Kultur Dokumente
There are downsides to this free and legal alternative approach. Changing software
packages and retraining both teachers and students will take away time that is already scarce.
Some of the software can be more resource intensive to use, but I believe that bringing our
school into compliance with copyright law will prevent fines that would sap resources that we
dont have and could be used a teachable moment to promote digital citizenship within the
student body.
Scenario Number 5: Realistic Recycling
Given that most professionals have limited time and resources for any given
project, it is generally accepted that a professional in any career might reuse and modify
previously created work for a present need. Utilizing material that already exists, especially if
self-created, can be wise and efficient. This hypothetical situation asks the question: Is this legal
and ethical?
The first factor to consider in this scenario is the contractual obligation between client
and consultant. In this case, the client clearly stipulates that Blue Circle Pharmaceuticals retains
all rights to the presentation material. And since ownership rights are protected by copyright law,
the Designer surrenders all legal ownership of the program materials to the client upon signing
the contract (17 U.S. Code 201). Therefore, the Designer may not legally reuse any of the
material for the second company, Superior Foods, without breach of contract.
It should also be noted that only tangible materials fall into this protection.
Meaning that while original handouts, slides, videos, and other media cannot be reused without
permission from Blue Circle Pharmaceuticals, the underlying knowledge of those products is still
owned by the Designer, and that knowledge can be used to develop future materials. The
Instructional Designer also has the option to ask the first client for permission to repurpose some
of the materials for Superior Foods, though the answer will likely be no, as companies generally
take ownership rights seriously.
Besides the legal implications, ethical implications should also be taken into
account when considering charging an equal fee to both clients. Assuming the Superior Foods
contract does not specify a rate tied directly the number of hours the Designer spends developing
the presentation, it is ethical?
This is a gray area. If the Designer is reusing materials or simply relying on previous
experience, it is likely that developing the Superior Foods program will take significantly less
time. Some might argue that it is therefore morally appropriate to charge Superior Foods less.
However, factors like inflation and market value could justify charging the same amount of
$16,000. Ultimately, the Instructional Designer needs to weigh if charging the same amount is
appropriate and ethical to the professional community they are part of.
References
17 U.S. Code 201 - Ownership of copyright (1976).
Group Roles
Coordinator: Crystal Chavez
Elaborator: Steve Nixon
Recorder: Nassir Al Zamle
Explorer A: Rachel Peters
Explorer B: Moncerrat Peralta