Copyright and Fair Use: An Issue of Ethics in a Changing Learning Environment
Ethics in the Learning Environment
According to the Academy of Human Resource Development's Standards on Ethics and Integrity, one of the responsibilities of the Human Resource professional is to ensure that "no data, information, or knowledge presented in a learning environment is distorted, manipulated, or misused" (Academy of Human Resource Development, 1999, p. 16).
In any profession, regardless of the particular field, a code of ethics is outlined for practitioners to follow. The primary benefit of a code of ethics is social in nature — rather than creating an atmosphere of forced compliance, the intent is to educate professionals so that they are accountable to the public (Anderson, Johnson, Gotterbarn & Perrolle, 1993). Luguenbiehl & Bowyer (1992) summarizes 12 major functions of a professional code of ethics: 1.) Symbolize professionalism, 2.) Protect group interests, 3.) Specify membership etiquette, 4.) Inspire good conduct, 5.) Educate members, 6.) Discipline members, 7.) Foster external relationships, 8.) Enumerate principles, 9.) Express ideals, 10.) Put forth rules, 11.) Offer guidelines and 12.) Codify rights.
Ethics must be instilled and nurtured in people. There is no room for apathy regarding ethical practice in the educational environment. Every educator must share in the responsibility of protecting the rights of an author and educate others about academic integrity. What follows is a list of practical suggestions for modeling and teaching ethics in the learning environment:
- Assume that all colleagues and students may need clarification of copyright guidelines.
- Discuss ethical issues in the academic environment. Provide concrete examples of ethical and unethical behaviors as well as relevant case studies that allow students to apply rules and principles to new situations.
- Collaboratively establish a "code of ethics." Professional organizations, advisory committees and legal experts have valuable input and feedback on the correlation between classroom and professional practices.
- Model ethical behaviors. Allow students to witness your efforts to cite references, apply "fair use" guidelines, and utilize resources appropriately.
- Expect students to practice and document ethical behaviors. Require students to obtain written permission to use copyright protected materials and to properly cite references in assignments. Require copies of permission documents as well as original copies of sources referenced.
- Take advantage of teachable moments. Realize that there will be violations of guidelines. Continue to stress the importance of intellectual property and respect for ownership of work. Correct the inappropriate behavior. Restate the guideline that was violated, enforce appropriate/meaningful consequences, and provide opportunities for people to correct their mistakes and turn these situations into positive learning experiences.
Fair use and copyright in educational institutions is largely an ethical issue. Ethics are not dependent on one individual's actions. All parties involved must contribute to the ethical nature of an event and must accept both the responsibility for their actions or their non-actions.
Fair use and copyright use in education and training is a looming ethical issue. Fair use and ethics in a digital age is dependent on both the individual and group efforts of creators/inventors/authors. All parties involved must accept the responsibility of their action and non-action.