THE Inspired | Cynthia “Cyndy” Guillen, MBA, PMP, CSM

Instructional designers exist to create content and intellectual property for the benefit of learners on behalf of public, private, and non-profit organizations or independently. The nature of the ID process requires creativity and organized content to deliver a learning solution. During the process, the designer may find themselves creating a variety of work protected by copyright laws. From another perspective, ID’s may find that their work requires support from outside resources to create content for a course or to develop its media elements. In the event that an individual ID or their team decides to use elements in the learning solution they did not create is it important the first, confirm they can legally use the content, and second, acknowledge the source appropriately.

Samuelson, K. (2019), defines copyright as, “…a legal right that was developed to protect any piece of original work that has been recorded on film, in an audio recording, on paper, or electronically”. ID should know their rights for ownership of their work, as well as, understand when it is okay and not okay to use the work of others. Ch’ng, L.K. (2018), explains that unless a work is in a public domain or CC0 you must have permission to include the creator’s work in your course. Keep in mind, this doesn’t only apply to the end product, it applies to the research and any other project work or materials produced and delivered for client or learner use. Both Samuelson, K. (2019) and Ch’ng, L.K. (2018) both assert that seeking permission from the source is key, additionally, just because something is free does not negate the creator’s right to consent. If finding the source to get permission proves challenging, Ch’ng, L.K. (2018), suggest, “If the license is not stated or is unclear, it would be better to recreate the artwork or consider not to use them at all. Don’t land in jail for misusing artwork online”. Renner, J. (2016) supports this claim by also stating, “…there is no requirement that the work be novel as in patent law, unique or ingenious or even have aesthetic merit. To be creative, there must only be a modicum of creativity.here is no requirement that the work be novel as in patent law, unique or ingenious or even have aesthetic merit. To be creative, there must only be a modicum of creativity”. Renner, J. (2016) explains that U.S. copyright law, requires a work fixed in a tangible medium of expression and yet, the form, manner, or medium of fixation are strict. This rule protects the property of instructional designers and at the same time, holds them to a standard when borrowing ideas from other sources.

Content takes tangible and intangible resources to produce. As designers, you want to respect and value other people’s work with the same regard you would have of someone else using yours. There are many places to find content free from legal liability to use, as well as, places to share your content publicly without others needing your consent if you choose to do so. Basing your decisions to use content based on ethics and morals isn’t just good judgement it is also protection from adverse legal action against you and those you represent.

References

Ch’ng, L. (2018). Copyright And Licence Issues In eLearning -eLearning Industry. [online] eLearning Industry. Available at: https://elearningindustry.com/copyright-and-licence-issues-in-elearning-aware [Accessed 7 Mar. 2020].

Renner, J. (2016). Copyright, eLearning, And Creativity – eLearning Industry. [online] eLearning Industry. Available at: https://elearningindustry.com/copyright-elearning-and-creativity [Accessed 7 Mar. 2020].

Samuelson, K. (2019). Copyright In eLearning: Intellectual Property And License Problems – eLearning Industry. [online] eLearning Industry. Available at: https://elearningindustry.com/copyright-in-elearning-intellectual-property-license-problems [Accessed 7 Mar. 2020].