1 How Can You Incorporate Current Events and Print, Internet, and Other Media into Your Agency Ethics Training** ** Without Being Sued…. By Senior Ethics.

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HowHow Can You Incorporate Current Can You Incorporate Current Events and Print, Internet, and Other Events and Print, Internet, and Other Media into Your Media into Your Agency Ethics Training**Agency Ethics Training**

** Without Being Sued….** Without Being Sued….

By Senior Ethics Attorney (Training) Paul Conrad, By Senior Ethics Attorney (Training) Paul Conrad, FEMA Office of the Chief Counsel &FEMA Office of the Chief Counsel &

Associate Deputy Counsel for Intellectual PropertyAssociate Deputy Counsel for Intellectual Property

Law Rosemary James, U.S. Department of Homeland Law Rosemary James, U.S. Department of Homeland Security Office of the General CounselSecurity Office of the General Counsel

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Admin MattersAdmin Matters

Handouts -- Yes!Handouts -- Yes! Handouts also will be posted on IEC WebsiteHandouts also will be posted on IEC Website

OLC Opinion on Whether Government Reproduction of Copyrighted OLC Opinion on Whether Government Reproduction of Copyrighted MaterialsMaterials

Invariably is a “Fair Use” under Section 107 of the Copyright Act of Invariably is a “Fair Use” under Section 107 of the Copyright Act of 1976 (Title 17, U.S.C.) will be posted on IEC Website (too long to 1976 (Title 17, U.S.C.) will be posted on IEC Website (too long to copy)copy)

http://www.ethics trainingresources.orghttp://www.ethics trainingresources.org

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Are You In the Right Room?Are You In the Right Room?

Preliminary Question:Preliminary Question:

Are You In the Right Room?Are You In the Right Room?

YESYES!! If you want to:If you want to:

Make your ethics presentations more dynamic Make your ethics presentations more dynamic and topicaland topical

If you want to add some pop and spark to your If you want to add some pop and spark to your ethics trainingethics training

If you want to learn about how to use current If you want to learn about how to use current events to drive home the importance of ethics events to drive home the importance of ethics compliance and “preventive ethics” in the federal compliance and “preventive ethics” in the federal workplaceworkplace

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OUTLINEOUTLINE

I.I. Great Ethics Teaching Examples Great Ethics Teaching Examples (e.g., ETHICS FAILURES) are in (e.g., ETHICS FAILURES) are in the news every day, documented in the news every day, documented in newspapers, magazines, websites newspapers, magazines, websites and blogs, YouTube, television, and blogs, YouTube, television, radio, and moviesradio, and movies

II.II. How do we capture those events so How do we capture those events so our agency employees can learn our agency employees can learn from them?from them?

EXAMPLES EXAMPLES

The Office– Great ExamplesThe Office– Great Examples Be Ethical ClassBe Ethical Class Copying Personal Stuff on Office ComputerCopying Personal Stuff on Office Computer

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ExamplesExamples

Newspaper Articles on Current Ethics Newspaper Articles on Current Ethics EventsEvents

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OUTLINEOUTLINE

III.III. Problem: Copyright LawsProblem: Copyright Laws

IV.IV. SolutionsSolutionsA.A. Fair Use DoctrineFair Use Doctrine

B.B. Copyright Use License AgreementsCopyright Use License Agreements

C.C. TEACH Act, for use in Distance Learning CoursesTEACH Act, for use in Distance Learning Courses

V.V. ResourcesResourcesA.A. Your Agency Counsel Intellectual Property (IP) Your Agency Counsel Intellectual Property (IP)

Counsel and IP Policy re Agency UseCounsel and IP Policy re Agency Use

B.B. DOJ OLC 1999 Opinion and Federal Court CasesDOJ OLC 1999 Opinion and Federal Court Cases

C.C. On-Line Academic “Fair Use” WebsitesOn-Line Academic “Fair Use” Websites

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Part I: The Part I: The DoDo’’ss

Road to Successful PresentationsRoad to Successful Presentations

DO:DO:

Cover the OGE minimum Cover the OGE minimum training requirements.training requirements.

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The Minimum Content Requirement:The Minimum Content Requirement:

5 C.F.R. 5 C.F.R. §§ 2638.704(b) 2638.704(b)

Content of training. Agencies are encouraged to vary the content of verbal training from year to year but the training must include, at least, a review of:

1. The Principles;

2. The Standards;

3. Any agency supplemental standards;

4. The Federal conflict of interest statutes; and

5. [Contact information on] agency ethics officials available to advise the employee on ethics issues.

[Emphasis Added]

What It MeansWhat It Means

DO:DO:

Take care to select the best Take care to select the best

training delivery vehicle.training delivery vehicle.

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Step One:Step One:Why Have Ethics Training?Why Have Ethics Training?

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Selected Training OptionsSelected Training Options

Written Materials with Q & A Written Materials with Q & A Web-based TrainingWeb-based Training DVDs/VideosDVDs/Videos GamesGames LecturesLectures Lectures with Slide ShowLectures with Slide Show PodcastsPodcasts

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Choosing the Right VehicleChoosing the Right Vehicle

What is your objective?What is your objective?

Regulatory compliance? Regulatory compliance? • Any of the options will do.Any of the options will do.

Want more than minimum? Want more than minimum? • Some training options may be better than others.Some training options may be better than others.• Make a deliberate decision.Make a deliberate decision.

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DODO::Maintain an appropriate Maintain an appropriate professional relationship with professional relationship with the audience.the audience.

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DO:DO:

Tell stories about real things, Tell stories about real things, using real illustrations.using real illustrations.

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1818http://www.oig.doi.gov/

IG Report On Dan Snyder CaseIG Report On Dan Snyder Case

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Frederic Whitehurst

FBI Lab WhistleblowerFBI Lab Whistleblower

Book on Lab Problems

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Darleen Druyun Official PortraitDarleen Druyun Official Portrait

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Darleen Druyun TestifyingDarleen Druyun Testifying

DO:DO:

Take advantage of the Take advantage of the ““Fair Fair UseUse”” copyright law doctrine. copyright law doctrine.

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Copyright Basic BasicsCopyright Basic Basics

There’s a lot of great material not covered by copyright. For example:

Photos you own

U.S. Government material

Other information in public domain.

Even if material is copyrighted, you can frequently use it under the “Fair Use” doctrine.

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Fair Use Myths & Fair Use Myths & ““Semi-MythsSemi-Myths”” Just Plain Wrong:Just Plain Wrong:

““I found it on the Web.I found it on the Web.”” ““ThereThere’’s no copyright notice.s no copyright notice.””

Caution Zone:Caution Zone: ““ItIt’’s an educational use.s an educational use.”” ““Copying just a little bit is OK.Copying just a little bit is OK.””

• Corollary: Corollary: ““I only used it once.I only used it once.””

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Stanford Copyright & Fair Use SiteStanford Copyright & Fair Use Site

http://fairuse.stanford.eduhttp://fairuse.stanford.edu

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Fair Use? Factors To Be ConsideredFair Use? Factors To Be Considered17 U.S.C. § 20717 U.S.C. § 207

1.1. The purpose and character of the use, The purpose and character of the use, including whether such use is of commercial including whether such use is of commercial nature or is for nonprofit educational purposes;nature or is for nonprofit educational purposes;

2.2. The nature of the copyrighted work; The nature of the copyrighted work;

3.3. The amount and substantiality of the portion The amount and substantiality of the portion used in relation to the copyrighted work as a used in relation to the copyrighted work as a whole; and whole; and

4.4. The effect of the use upon the potential market The effect of the use upon the potential market for or value of the copyrighted work. for or value of the copyrighted work.

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Fair Use Bottom LineFair Use Bottom Line

There is no blanket exemption for There is no blanket exemption for ““educational use,educational use,”” but many common but many common sense legitimate educational uses can sense legitimate educational uses can be justified.be justified.

OK, ItOK, It’’s Legal:s Legal:

Now How Can I Do It?Now How Can I Do It?

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Simplified Summary:Simplified Summary:Three Steps to Adding Static Images:Three Steps to Adding Static Images:

1.1. Get the image on your computer monitor.Get the image on your computer monitor.

2.2. Depending on source of image, either:Depending on source of image, either: Right click on image and select copy, ORRight click on image and select copy, OR Press Press ““Print ScreenPrint Screen”” key. key.

Optional step:Optional step: Customize image in editor of your choice. Customize image in editor of your choice. Most common customization: cropping.Most common customization: cropping.

3.3. Paste the image into your slide.Paste the image into your slide.

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Adding Video Images:Adding Video Images:

Too many variations to explain here, so:Too many variations to explain here, so:

Google for advice--Google for advice--

Search example: “YouTube capture”Search example: “YouTube capture”

DODO::Analyze your results and strive Analyze your results and strive for continuous improvement.for continuous improvement.

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Part II: The Part II: The DonDon’’tsts

Avoiding the TrapsAvoiding the Traps

DON’T:DON’T:Think you have to Think you have to

rediscover America.rediscover America.

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Recycle, Borrow, ReinventRecycle, Borrow, Reinvent

Some starting points:Some starting points:

OGE websiteOGE website

Interagency Ethics Counsel JournalInteragency Ethics Counsel Journal

Ethics Training Resources websiteEthics Training Resources website

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DON’T:DON’T:Neglect handouts.Neglect handouts.

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HandoutsHandouts

Why?Why? Audience retentionAudience retention Backup in case of glitchesBackup in case of glitches Avoid audience perception you are a slackerAvoid audience perception you are a slacker

Comic relief: Comic relief: All time worst excuse not to have handouts?All time worst excuse not to have handouts?

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Using Slide Printout as Handout?Using Slide Printout as Handout?OK, but Distinguish Two Uses of SlidesOK, but Distinguish Two Uses of Slides

HandoutsHandouts

Accompaniment to live presentationAccompaniment to live presentation

Different purposes, different handling!Different purposes, different handling!

DON’TDON’T

Train like a zombie Train like a zombie

(Or a used car salesman).(Or a used car salesman).

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Emotional Impact on AudiencesEmotional Impact on Audiences

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• Verbal (words and phrases)Verbal (words and phrases)• Paralanguage (tone, pitch, and volume)Paralanguage (tone, pitch, and volume)• Nonverbal (facial expressions, eye contact, hand gestures, posture, Nonverbal (facial expressions, eye contact, hand gestures, posture,

and distance)and distance)

Source: Fitch, Source: Fitch, FBI Law Enforcement Bulletin FBI Law Enforcement Bulletin (Dec. 2010)(Dec. 2010)

Demeanor BenchmarksDemeanor Benchmarks

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Ben SteinBen SteinFerris Bueller’s Day OffFerris Bueller’s Day Off

Kurt RussellKurt RussellUsed CarsUsed CarsPaul NewmanPaul Newman

The VerdictThe Verdict

Demeanor MeterDemeanor Meter

Not EnoughNot Enough The Sweet SpotThe Sweet Spot Too MuchToo Much

• Bored

• Apathetic

• Cynical

• Going through the motions

• Sincere

• Passionate

• Committed

• Realistic

• Phony

• Trite

• Corny

• Naively Idealistic

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If You Don’t Believe It, Who’s Going To?If You Don’t Believe It, Who’s Going To?

Aim for the Sweet SpotAim for the Sweet Spot

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Ben SteinBen SteinFerris Bueller’s Day OffFerris Bueller’s Day Off

19861986

Kurt RussellKurt RussellUsed CarsUsed Cars

19801980

Paul NewmanPaul NewmanThe VerdictThe Verdict

19821982

Not EnoughNot Enough Too MuchToo MuchJust RightJust Right

DON’T:DON’T:Apologize to the audience Apologize to the audience (unless you seriously injure (unless you seriously injure someone).someone).

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Public Letter of Public Letter of AdmonitionAdmonition

Feb. 13, 2008Feb. 13, 2008

““[A]n improper [A]n improper attempt by you to attempt by you to use your position use your position and status as a and status as a United States United States Senator to receive Senator to receive special and special and favorable favorable treatment.treatment.””

DON’T:DON’T:Let audience confuse ethics Let audience confuse ethics and morality.and morality.

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Ethics ≠ MoralityEthics ≠ Morality

Key concept to convey to personnel: You Key concept to convey to personnel: You don't have to be evil to screw up. Many don't have to be evil to screw up. Many regulations and statutes are not well known, regulations and statutes are not well known, are counter-intuitive, and have been violated are counter-intuitive, and have been violated in the past. People violate them in the past. People violate them unintentionally and unwittingly. (e.g.: 18 unintentionally and unwittingly. (e.g.: 18 U.S.C. 205, 18 U.S.C. 207(a)(2)).U.S.C. 205, 18 U.S.C. 207(a)(2)).

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Good Advice from Army’s Good Advice from Army’s Running an Efficient Running an Efficient and Effective Ethics Program and Effective Ethics Program

DON’T:DON’T:Use only easy examples with Use only easy examples with evil people.evil people.

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Ethics Decision ContinuumEthics Decision Continuum

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ObviouslyO.K.

ObviouslyWrongThe Rule

Source: Matt Cross, OGE

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Continue The Conversation …Continue The Conversation …

http://www.ethicstrainingresources.org http://www.ethicstrainingresources.org

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QuestionsQuestions

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