Mini-Report #3: Ethical Scenarios

Week #:

12

Team Name:

FUNtastic 4

Recorder:

Eva Morris

Coordinator: Brianne Fitzgerald

Elaborator:

Miguel Medina

Explorer:

Diego Barraza Avila

Scenario: Realistic Recycling

Article 201b Works Made for Hire in the Copyright Law of the United States of
America states that In the case of a work made for hire, the employer or other person for
whom the work was prepared is considered the author for purposes of this title, and, unless
the parties have expressly agreed otherwise in a written instrument signed by them, owns all
of the rights comprised in the copyright. The freelance consultant was hired by Blue Circle
Pharmaceuticals to develop and teach the course, which means that Blue Circle
Pharmaceuticals owns all the rights to the copyright. As a result, the freelancer is not
authorized to use any elements from this course and reuse them on another project without
obtaining permission first.
In addition to the potential violation of the copyright law, this scenario also presents
an ethical dilemma. As per AECT Code of Professional Ethics, Section 2.3, it specifically
spells out that the member shall not use institutional or associational privileges for private
gain. The freelancer did not create the course independently, but rather carried out the work
for Blue Circle Pharmaceuticals.
The freelancer has three options: 1) not accept the job with Superior Foods, 2) accept
the job with Superior Foods and reuse the material as outlined in the scenario, or 3) accept
the job with Superior Foods, but obtain licensing rights from Blue Circle Pharmaceuticals to
reuse portions of the course. Pursuing option 2 is copyright infringement and per law could

end up costing the freelancer up to $30,000 in fines. Furthermore, by breaking the AECT
Code of Professional Ethics, the freelancer risks losing credibility, which can affect his future
employment opportunities. The third and last option is the legal and ethical route to go.

Scenario: Confidence Collision

There are no copyright issues or laws broken in this scenario. However, ethics as
outlined by both the Association for Educational Communications & Technology (AECT)
and International Society for Performance Improvement (ISPI) in the area of personal
integrity and confidentiality are being violated.
According to the AECT Code of Professional Ethics, Section 1.4, the member Shall
conduct professional business as to protect the privacy and maintain the personal integrity of
the individual. The ISPI Code of Ethics addresses integrity and confidentiality in detail in
principle 5 (Integrity Principle) and principle 6 (Uphold Confidentiality). In addition, the
ISPI CPT Standard 4: Work in Partnership with clients and stakeholders emphasizes the need
for clients trust, respect, and honesty. This trust should not be broken. Aside from breaking
moral principles, members also run the risk of losing their ISPI certification (or the right to
become certified) if they are violating the principles in the code of ethics.
In the scenario described, the interviewees provided feedback with the promise that
their responses remain confidential. However, the Executive Vice President places the
consultant into a very uncomfortable position by asking for disclosure of names. The
employee has to make one of two decisions; he can disclose the requested information to the
Executive VP, but as a consequence loses the trust and credibility amongst his colleagues.
Consequently, he also violates the principles in the AECT Code of Professional Ethics and

ISPI's principles and standards. Alternatively, if he does not give up the names of his
colleagues, he maintains the trust of his peers and upholds the ethical standards of the
industry, but may risk backlash from management.
There is only one option for the consultant that reflects an ethical approach. By
withholding the interviewees names, he upholds the standards of competent practitioners.
The non-disclosure does not have any impact on completing his assignment successfully, as
the interviewees names are not relevant to the outcome of the front-end analysis.
Furthermore, it avoids negative influence on their working relationship.

Resources
Association for Educational Communications & Technology. (2007). Code of Professional
Ethics. Retrieved from
http://aect.site-ym.com/members/group_content_view.asp?group=91131&id=309963
International Society for Performance Improvement. (n.d.). Certified Performance
Technologist Standards. Retrieved from
http://www.ispi.org/ISPI/Credentials/CRT_Cert/CPT_Standards.aspx
International Society for Performance Improvement. (n.d.). Code of Ethics. Retrieved from
http://www.ispi.org/ISPI/Credentials/ISPI_Code_of_Ethics.aspx
United States Copyright Office. (n.d.). Copyright Law of the United States of America:
Chapter 2. Retrieved from http://www.copyright.gov/title17/92chap2.html