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Instructional Design Plan With Legal and Ethical Guides 1

Instructional Design Plan With Legal and Ethical Guides

For McIntire Healthcare Company

Jo Ann McIntire

Trevecca Nazarene University


Instructional Design Plan With Legal and Ethical Guides 2

Instructional Design Planning Sheet based on Gagne’s Nine Events of Instruction

The following is an Instructional Design Planning Guide based on Gagne’s Nine Events of Instruction. New team members to

McIntire Insurance can refer to this guide through our inhouse learning management system, Blackboard. Copyright Law training will

be assigned to all new instructional designers. The training session is a two-part series where they will learn content creation and

incorporate the issues of intellectual property, ADA/Accessibility, fair use, and copyright guidelines. A guide will be provided that

will include guidelines of our Company code of conduct, Ethics and a use case scenario.

Objective 1

After completing this unit, the learner will recognize the components of intellectual property, and know the difference between trade
secrets, trademark copyrights, and patents.

Design Description Objective(s) Time Instructional Strategy Media


Sequence (Technology,
Worksheets, etc.)
Gain Pre-instructional 1-1 3 min Learners will share with the class their past Watch Ted Talk
Attention Strategy knowledge of intellectual property and discuss discussion of
artifacts; trade secrets, trademarks copyrights, and intellectual property
patents.
Inform Pre-instructional 1-1 10 min The learners will be introduced to Blackboard Computer and
Learners of Strategy (BB) course shell and will be given an Interactive
Objectives opportunity to create an account, access email and Whiteboard (IWB)
view assignments.
Instructional Design Plan With Legal and Ethical Guides 3

Stimulate Pre-instructional 1-1 3 min Learners will share prior knowledge of Computer with
Recall of Strategy intellectual property learning experiences. Internet, overhead
Prior projector.
Learning
Present Initial 1-1 5 min The instructor will conduct a run through of the Computer with
Stimulus Presentation Assignments tool and related functions within Internet, overhead
Material Blackboard. projector, and
handout with BB
flow diagram

Provide Initial 1-1 2 min Instructor will explain tools needed to create Computer with
Learner Presentation modules (including video and audio). Internet and
Guidance projector displaying
BB course shell,
instructional
handout to take
notes

Elicit Generative 1-1 3 min Each learner will share in class discussion how Computer with
Performance Strategy they will adapt the Assignments tool to benefit Internet and
their intellectual property content creation. projector displaying
Learners will pair up and performs steps to access BB course shell,
BB. instructional
handout

Provide Generative 1-1 2 min Provide deeper understanding of the advantages to Computer with
Feedback Strategy (BB). Ask learner questions of intellectual Internet and
property (rehearse). projector displaying
BB course shell,
instructional
handout
Instructional Design Plan With Legal and Ethical Guides 4

Assess Post-Instructional 1-1 1 min Do review and elaborate as necessary Computer with
Performance Internet and
projector displaying
BB course shell,

Enhance Post-Instructional 1-1 1 min Provide contact info/or help desk info and job aid Handout with
Retention and instructions to
Transfer access BB

Total Time 29
min

Objective 2

After completing this unit, the learner will recognize the four factors of fair use.

Design Description Objective(s) Time Instructional Strategy Media


Sequence (Technology,
Worksheets, etc.)
Gain Pre-instructional 2.1 5 min Play musical recording of two similar songs Computer with
Attention Strategy Internet, handouts on
fair use guidelines
Inform Pre-instructional 2.1 1 min Learners will be advised of the Assignment Tool Computer with
Learners of Strategy objectives in BB and will create, retrieve and Internet and projector
Objectives grade assignments. Learners will be quizzed later and Interactive
on the four factors of fair use. (Purpose and Whiteboard.
character of use, the nature of the copyrighted
work, the amount of work used, and the effect of
use on the potential market).
Instructional Design Plan With Legal and Ethical Guides 5

Stimulate Pre-instructional 2.1 5 min Learners will share any previous or prior Computer with
Recall of Strategy knowledge of fair use violations Microsoft PowerPoint,
Prior Internet, projector, BB
Learning course shell

Present Initial 2.1 10 min Instructor will play recording of two musical Computer with Internet
Stimulus Presentation songs that went to court. Learners will access this and projector, BB
Material in Blackboard to listen along course shell.

Provide Initial 2.1 10 min Present an overview of government websites that Computer with Internet
Learner Presentation provide guidelines and projector, BB
Guidance course shell.

Elicit Generative 2.1 5 min Learners will take a short questionnaire/quiz on Blackboard quiz
Performance Strategy the four factors of fair use.

Provide Generative 2.1 5 min Results will be shared and discussed. Computer with Internet
Feedback Strategy and projector, BB
course shell.

Assess Post- 2.1 15 min The instructor will post results of quiz and correct Computer with Internet
Performance Instructional definitions and projector, BB
course shell.

Enhance Post- 2.1 1 min Provide learner with job aid Exit ticket
Retention Instructional
and Transfer

Total Time 50 min

Objective 3

After completing this unit, the learner will create an image that follows ADA guidelines.
Instructional Design Plan With Legal and Ethical Guides 6

Design Description Objective(s) Time Invited Legal SME presents lecture Media
Sequence on Accessible/ADA Guidelines (Technology,
Worksheets, etc.)
Gain attention Pre-instructional 1.1 5 min Describe criteria for designer to PowerPoint
Strategy meet expectations in becoming handout, Skype
Assessible/ADA compliant
Inform Pre-instructional 1.1 2 min Learners will share experience of Computer with
Learners of Strategy any issues in Assessible/ADA Internet and
Objectives programs projector, BB
course shell.
Stimulate Pre-instructional 1.1 3 min Provide example of content that Computer with
Recall of Prior Strategy would be difficult for visually Internet and
Learning impaired digital citizens projector, BB
course shell.
Present Initial Presentation 1.1 5 min Conduct a walkthrough of correct Computer with
Stimulus procedure of MP4 audio file Internet and
Material projector, BB
course shell.
Provide Initial Presentation 1.1 5 min Have learners copy a portion of an Computer with
Leaner image with Accessibility/readability Internet and
Guidance projector, BB
course shell.
Elicit Generative 1.1 10 min Ask learners to share their content Computer with
Performance Strategy Internet and
projector, BB
course shell.
Provide Generative 1.1 2 min Perform a recap of walkthrough and Computer with
Feedback Strategy Q&A Internet and
projector, BB
course shell.
Access Post-Instructional 1.1 2 min Provide learner with job aid Computer with
Performance Internet and
Instructional Design Plan With Legal and Ethical Guides 7

projector, BB
course shell.
Enhance Post-Instructional 1.1 2 min Handout/Exit
Retention and Ticket
Transfer
Total Time 36 min

Objective #4

Learner will demonstrate good design by creating content without copyright violations.

Design Description Objective(s) Time Instructional Strategy Media


Sequence (Technology,
Worksheets, etc.)
Gain Pre-instructional 1.1 2 min Show pictures of various Online Copyright
Attention Strategy copyright symbols/permissions Scavenger Hunt
Inform Pre-instructional 1.1 2 min Describe criteria for designers to Computer with
Learners of Strategy create content with copyright Internet and
Objectives violations projector, BB
course shell.
Stimulate Pre-instructional 1.1 3 min Ask learners what challenges Computer with
Recall of Strategy that have faced in design in the Internet and
Prior past projector, BB
Learning course shell.
Present Initial 1.1 10 min Provide examples on paper and Computer with
Stimulus Presentation video of images that have been Internet and
Material borrowed correctly and projector, BB
incorrectly course shell,
handout
Provide Initial 1.1 7 min Present a walk thru of selecting Computer with
Learner Presentation images from the internet. Internet and
Guidance
Instructional Design Plan With Legal and Ethical Guides 8

projector, BB
course shell.
Elicit Generative 1.1 10 min Have learners discuss in class Computer with
Performance Strategy how they plan to use artifacts Internet and
projector, BB
course shell.
Provide Generative 1.1 3 min Elaborate as necessary and allow Computer with
Feedback Strategy for review/questions Internet and
projector, BB
course shell.
Assess Post-Instructional 1.1 2 min Review copyright symbols Computer with
Performance Internet and
projector, BB
course shell.
Enhance Post-Instructional 1.1 1 min Provide learner with job aid Handout of
Retention and copyright symbols
Transfer
Total Time 40 min
Instructional Design Plan With Legal and Ethical Guides 9

Introduction to McIntire Healthcare Guide


The advancement and availability of new technology combined with new and innovative healthcare technology promises to

hold a new and exciting future for instructional designers in this field. Technology is considered an asset for the designer’s workflow,

but first and foremost is to incorporate ethics into the day to day operations of the job and interactions with colleagues, customers and

the corporation.

A Code of Ethics has been established for the instructional designer to follow best practices in the following areas.

Company

The instructional designer should provide their employer, clients, and learners with the highest-level quality education, training,

and development and be a supportive talent mentor for all future designers. In addition, the designer will support the company and

oneself in the highest ethical manner

Confidentiality and HIPPA

As a healthcare professional, the designer must protect the patients’ right to confidentiality and privacy with the utmost adherence

to this policy. Pictures or stories of any patient may not be published without a signed consent form submitted to Patient Affairs.
Instructional Design Plan With Legal and Ethical Guides 10

Security

The instructional designer must safeguard information and internet safety practices and must follow strict adherence to these

policies. Passwords should not be given out or shared and any suspicious emails should be reported to the Information Technology

Department.4.

Professionalism

The designer should be committed to representing themselves and the Company with the highest degree of professional ethics in

dress and attitude with internal colleagues and off site when representing the Company. The designer should strive to produce

every piece of content with integrity and adhere to all copyright laws and the laws and regulations relating to this position.

Green Practices

Lastly, but as equally important as the previous codes, the designer shall adhere to green and environmental best practices such as

recycle and reduction of printing. The Company participates in a recycling program.

Analysis

With the rapid growth of this industry, the designer must strive for integrity in the field of elearning. According to a recent

article by Hong Lin and Judith Kolb, the ethical challenges to a designer are digital copyright infringement, violation of online private

information and incorrect use of technology in learning situations. (Lin and Hon).
Instructional Design Plan With Legal and Ethical Guides 11

Intellectual property

As an instructional designer for a healthcare company, the professional must adhere to the above practices as well as being

knowledgeable of intellectual property guidelines. Content that is created is the property of McIntire Healthcare and the designer must

follow copyright and fair use laws, and use of a copyright symbol is mandatory.

In addition, the designer should be familiar with the laws that address copyright issues. The Digital Millennium Copyright Act

of 1998 protects online intellectual property. Another law entitled Technology, Education and Copyright Harmonization ACT,

(TEACH) enables a designer to use copyright protected materials in distance education with permission from the owner or have to pay

royalties. (Lin and Kolb).

Definitions

Digital Citizenship

As an instructional designer for a healthcare corporation, the content that is created is owned by the company. Adherence and

awareness of key terms involving intellectual property should be standard practice. The first term digital citizenship is the first step in

digital awareness and involves all citizens, from elementary schools, to high schools and the workplace. According to Common

Sense.Org, as digital citizens, we leave digital footprints and citizens should be taught early on and encouraged to be responsible in
Instructional Design Plan With Legal and Ethical Guides 12

our usage. Smart choices in life lead to smart choices online. We leave a digital footprint in communication, privacy, and especially

cyberbullying in today’s climate. (Commonsense.org, n.d.).

Intellectual Property (IP)

According to Films on Demand, this term comes from work or an endeavor that is a result of creativity from one’s mind. The

creation could be a manuscript and allows the individual to apply for a patent, copyright or trademark. (Films on Demand, n.d.).

Patent

A patent is under federal law that protects an entity for a certain amount of time, as in a pharmaceutical drug and can exclude

or prevent others from selling the same thing. One who has an idea for a patent must file it with the U.S. Patent and Trademark Office

(USPTO). An idea cannot be patented. The recent televisions ads relating to Artificial Intelligence (AI) have seen a major increase in

patent applications and this promises to bring about a lot of discussion, according to a recent article in (Simonite, 2018).

Trade Secrets

State laws are designed to protect formulas, devices or patterns that a business may use to give it advantage or stand out

against another business. The Coca Cola recipe and the KFC chicken recipe falls under this category. (Rocketlawyer, n.d.).

Copyright
Instructional Design Plan With Legal and Ethical Guides 13

The Copyright Act of 1976 was established to protect a creator with exclusive legal right to print, publish, perform, film or

record ay artistic or musical material and can give authorization to others. Fair use allows limited use of copyrighted material without

permission from the copyright originator, about 10%. (Copyright Act of 1976, n.d.)

As a freelance photographer for 20+ years, in the past I took a business class for photographer’s rights and laws. I became a

member of the Association of Media Professionals, Nashville Chapter and studied the book that came with the membership. Early on,

I adopted the practice of inserting a copyright symbol and was cognizant of other photographer’s work and did not try to “lift” any

other work. I heard too many horror stories of photographers involved in lawsuits. The website has an extensive knowledge and

support system for copyright laws. As the website states, a Copywrite Alliance was formed to protect the creative works of

photographers, artists (asmp.org).

Trademark

A federal law protects symbols, drawing, words or names that are associated with a business or a brand name. A company’s

trademark or logo distinguishes itself from its competition, and the more familiar ones that we know are Coca Cola, Nike, etc. In order

to register a trademark, visit www.uspto.gov. (uspto.gov, n.d).

Best Practices Guidelines


Instructional Design Plan With Legal and Ethical Guides 14

McIntire Healthcare has developed a Code of Best Practices to be used by Instructional Designers in the Training and

Development Department. All designers should review the following codes to become familiar with these practices.

Best Practice for Fair Use and Copyright Law.

As educators, we are responsible for the next generation of ideas and creativity. When developing coursework, keep in mind

whether this work is transformative, or not. The best practice model offers a set of principles to determine that question. The law

provides copyright protection to non-profits in order to foster the creation of new culture, thoughts and ideas. While still protecting

owners’ rights; copying, quoting, and generally re-using existing cultural material is acceptable under some circumstances. This is

essential for generating new culture. This is where copyright law and fair use establishes criteria to be considered transformative.

Best Practice for Branding

In order to plan for all new curriculum courses, branding, especially the use of fonts, must be adhered to. The recommend

typeface for instructional materials will be Times New Roman,12 point, as these fonts are most easily read in instructional materials.

(As learning continues to thrive, 2011/11/15).

Best Practice for Creative Commons (Attribution).


Instructional Design Plan With Legal and Ethical Guides 15

The following are the rules to properly attribute works that you reuse or copy under a Creative Commons, consider the

acronym TASL, which stands for: Title, Author, Source, and License. It is important to know what license the work will be filed

under.

It is recommended to keep intact any copyright notices for the work. If a work you’re using has a notice that says “© 2018 Jo

Ann McIntire”, reproduce that notice when you credit the work. If such a notice does not appear, don’t worry about it. (Best Practices

for Creative Commons attributions 2017).

Best Practice for Protecting Intellectual Property

When posting an online line course for the university, it is essential to protect its intellectual property and the financial

integrity of the university. A trademark license in creative commons should be filed. (Cordiner, 2017).

Best Practice for Using Photographs


Instructional Design Plan With Legal and Ethical Guides 16

The preferred method of selecting images are to select ones that are available for reuse. If none are available, these are the

suggested steps; use lower resolution or thumbnail versions where possible; place the image in a new context or use it for a new

purpose; and use only the parts of the image needed for the designated training curriculum. (Using Images: Copyright & Fair Use:

Using Images).

Best Practice for Using Video on YouTube

YouTube is an excellent medium for the instructional designer to create videos for the elearner, either through a webinar or

presentations. In order to protect your intellectual property, place a copyright or trademark as outlined in item #1.

Best Practices for Storyboarding

At the beginning of each design project, designers must consider storyboarding as a method to preview work (or roadmap) to

department heads, SMEs, etc. Elements of a story board should contain style, navigation, content, graphic design requirements,

developer notes, and visuals. The visuals should include size, color samples, fonts and font color, backgrounds, style, images and

drawings, and text placement. (White, 2015).


Instructional Design Plan With Legal and Ethical Guides 17

Best Practice for Confidentiality and HIPPA

As a healthcare professional, the designer must protect the patients’ right to confidentiality and privacy with the utmost

adherence to this policy. Pictures or stories of any patient may not be published without a signed consent form submitted to Patient

Affairs.

Best Practice for Internet Security

The instructional designer must safeguard information on the internet safely and must follow strict adherence to these policies.

Passwords should not be given out or shared and any suspicious emails should be reported to the Information Technology

Department.

Best Practice for Professionalism

The designer should be committed to representing themselves and the Company with the highest degree of professional ethics

in dress and attitude with internal colleagues and off site when representing the Company. The designer should strive to produce every

piece of content with integrity and adhere to all copyright laws and the laws and regulations relating to this position.
Instructional Design Plan With Legal and Ethical Guides 18

Best Practice for Maintaining A Green Environment

The designer shall adhere to the university’s green and environmental best practices such as recycle and reduction of printing.

The university participates in a recycling program.

Best Practice in Social Media

As social media is part of the instructional design landscape and ever evolving, it is important to be knowledgeable in social

media. It is acceptable to use social media prior to a training event. Keep in mind less is more and follow the corporate policy on

social media, be professional and don’t bring negative attention to the university. (7 tips for using Social Media, n.d).

Best Practice on Twitter

McIntire Healthcare encourages participation on twitter, particularly in regard to the elearning community. When engaging

with other educational and corporate designers, look for Twitter profile of professionals meeting that criteria. Some recommended

sites are eLearning Council, eLearning Magazine, and the eLearning Site.
Instructional Design Plan With Legal and Ethical Guides 19

Please be advised of the proper usage of #Hashtags. The use of the hashtag symbol (#) before each keyword or phrase with no

spaces in a tweet will allow a tweet to appear easier in a Twitter search. By clicking on a hastagged word in a tweet, is will show other

tweets with the same keyword.

Chatting by tweets is also a good way to network land learn from other elearning professionals. Instructional designers may

check out eLearning tweets at #instructional design to review industry updates. In additional, it is recommended to go to

#mcintirehealthcare to keep current with company news. (ELB,2015).

Best Practice in Facebook

Facebook for eLearning design is an acceptable social media practice for the university for since it enhances learner engagement.

Facebook is a platform to foster online discussion and is encouraged for all designers, colleagues and students to participate. (Pappas,

2015).

Best Practice in Instagram

Instagram is a visual medium that can enhance the eLearning experience and will continue to strengthen the university’s media

practice. Its purpose is twofold; to create visually appealing pictures and eLearning stories and it is a way to start building a two-

way communication tool in the eLearning sector. (Gyant, 2018).


Instructional Design Plan With Legal and Ethical Guides 20

https://thrivehive.com/instagram-marketing-best-practices/

Best Practice in Pinterest

The Pinterest platform is invaluable for an instructional design. With pins that promote eLearning, tutorials, flowcharts, etc., it

brings another essential layer to promoting eLearning design and additional interest to the university. (Pinterest Board

eLearning design).
Instructional Design Plan With Legal and Ethical Guides 21

References

A trade secret is some information that gives a company an advantage. (n.d).Retrieved from

https://www.rocketlawyer.com/article/what-are-trade-secrets.rl.

Best practices: Effective use of fonts in online course design. (n.d). Retrieved from

https://www.blackboardopenlms.com/2011/11/15/best-practices-effective-use-fonts-online-course-design.

Best practices for creative commons attributes.92011, June 28). Retrieved from

https://www.newmediarights.org/guide/howto/creativecommons/bestpracticescreative-commonsattributions.

Code of Best Practices in Fair Use for Media Literacy Education. (2018, Oct. 25). Retrieved from

http://www2.ncte.org/statement/fairusemedialiteracy

Cordiner, S. (2017, April 12). 11 ways to protect the intellectual property of your online course. Retrieved from Ed Tech Review.

Digital Citizenship is a concept which helps teachers, technology leaders (n.d.). Retrieved from

http://www.digitalcitizenship.net/home.html.
Instructional Design Plan With Legal and Ethical Guides 22

ELB. (2015, Aug. 18). Social Media for eLearning Professional Development (Part 1). Retrieved from

https://elearningbrothers.com/blog/social-media-elearning-professional-development-part -1.

eLearning design best practice Pinterest board. Retrieved from https://www.pinterest.com/kineolearning/elearning-design-best-

practice.

Gyant, N. (2018, March 13). Thrivehive. Retrieved from https://thrivehive.com/ Instagram-marketing-best-practices

Lin, H., Kolb, J.A, Ethical issues Experience by learning Technology Practioniers in Design and Training Situations, Oklahoma State

University, retrieved from web November 14, 2018.

Pappas, C. (2015, May 31). Using Facebook For eLearning: The Ultimate Guide For eLearning Professionals. Retrieved from

https://elearningindustry.com/using-facebook-for-elearning-ultimate-guide-for-elearning-professionals.

Retrieved from https://www.sweetrush.com/7-tips-for-using-social-media-in-classroom.

Retrieved from https://www.td.org/about/vision-mission-code-of-ethics. Retrieved from web November 19, 2018.

Simonite, T. (2018, July 31). Despite pleading openness, companies rush to patent ai-tech.Wired.com. Retrieved from

https://www.wired.com/story/despite-pleding-openess-companies-rush-to-patent-ai-tech

The Copyright Alliance represents artists, creators, and innovators (n.d).Retrieved from

http://www.asmp.org/resources/advocacy/copyright-alliance

Understanding Intellectual Property. (n.d). Films on Demand. Retrieved from

http://digital.films.com.trevecca.idm.oclc.org/p_ViewVideo.aspx?xtid=129212
Instructional Design Plan With Legal and Ethical Guides 23

Using Images: Copyright & Fair Use: Using Images. Retrieved from https://libguides.mit.edu/usingimages.

White, A. (2015, March 18). Training Folks. Retrieved from https://www.trainingfolks.com/blog/top-tips-instructional-design-

consultants.

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