Legal and Ethical Issues Associated with Modern Technologies

Raul M. BongultoAET/531February 5, 2014

Introduction

▪ When implementing technology in the learning environment, training organizations need to consider legal and ethical issues with regard to:oCopyrightoFair useoPrivacy Policieso Intellectual Property Rights

COPYRIGHT

▪ A form of protection provided by the laws of the United States (title 17, U.S. Code) to the authors of “original works of authorship”, including literary, dramatic, musical, artistic, and certain other intellectual works

▪ It is illegal for anyone to violate any of the rights provided by the copyright law to the owner of copyright

▪ These rights, however, are not unlimited in scope

LEGAL/ETHICAL ISSUES WITH COPYRIGHT

▪ Copyright Infringement - important potential issue in training environments • Instructors and Students: may inadvertently practice unauthorized

duplication/distribution of training material• Students: illegal sharing of files; pirating of tests

Digital Millenium Copyright Act (DMCA) – U.S. copyright law that implements 2 1996 treaties of the World Intellectual Property Organization (WIPO)• criminalizes production and dissemination of technology, devices, or

services intended to circumvent measures (commonly known as digital rights management or DRM) that control access to copyrighted works

• also criminalizes the act of circumventing an access control, whether or not there is actual infringement of copyright itself

• heightens the penalties for copyright infringement on the Internet

FAIR USE

▪ Major limitation given a statutory basis in section 107 of the 1976 Copyright Act.

▪ Lists the purposes for which the reproduction of a particular work may be considered fair, such as criticism, comment, news reporting, teaching, scholarship, and research

▪ Factors to be considered in determining whether or not a particular use is fair:

- The purpose and character of the use, including whether such use is of 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 - The effect of the use upon the potential market for, or value of, the copyrighted work

LEGAL/ETHICAL ISSUES - FAIR USE

▪ The distinction between what is fair use and what is infringement in a particular case will not always be clear or easily defined.

▪ In a nutshell, it is considered fair use to use portions of authored works in teaching, research, commentary or news reporting.

PRIVACY POLICY

▪ A statement or legal document that discloses some or all of the ways a party collects, utilizes, discloses and manages a customer or clients’ data.

- It ensures confidentiality

- It enhances security

- It builds trust and reputation

LEGAL/ETHICAL ISSUES – PRIVACY POLICY

▪ In an educational setting, particular attention should be given to computers provided to/used by students due to the potential for hacking (students/trainers), cyberbullying, and the advertent/inadvertent introduction of malware or scams.

▪ Adequate training is required to avoid these problems.

INTELLECTUAL PROPERTY

▪ Refers to creations of the mind, such as inventions; literary and artistic works; designs; and symbols, names and images used in commerce.

▪ Protected in law by patents, copyrights and trademarks, which enables people to earn recognition or financial benefit from what they invent or create.

LEGAL/ETHICAL ISSUES – INTELLECTUAL PROPERTY

▪ Education/training departments should make explicitly clear (preferably in writing) what intellectual property is “theirs”

▪ If hiring an outside entity to implement computer-based curriculum, intellectual property rights must be clearly identified/established to avoid conflict

CONCLUSION

▪ Bottom line – education is the key to inform personnel – staff and students alike – on how to avoid issues regarding copyrights, fair use, privacy policies and intellectual property.

REFERENCES

▪ Barnklau, R. (2013). Legal and Ethical Issues Associated with Modern Technologies. Retrieved from http://www.slideshare.net/rhondabarnklau/lega l-and-ethical-issues-associated-with-modern-technologies

▪ U.S. Copyright Office. (2014). Retrieved from http://www.copyright.gov