Question Detail

Copyright on 'Learning' Models

The question was posted by Rod on 01/03/2010 13:10:01

Hi all,

A response posted today raised a question. There are lots of models that are frequently referred to by trainers in their materials and training interventions and which are well known to most of us. I'm thinking of things like:

Situational Leadership®
Six Thinking Hats®
MindMapping®

My question is, aren't trainers actually breaching copyright when they include these models in their training? Particularly, as all of those I've listed are in fact registered trademarks (something that isn't perhaps generally recognised.)

Any lawyers out there able to clarify the rules on copyright when it comes to well-known models like this?

I should just add, just to reassure everyone, that you can use all Trainers' Library materials without risk of breaching anyone's copyright as long as you're a currently licenced member of Trainers' Library. Where we have included models in our materials (like the GROW model in our coaching modules), we've obtained permission from the copyright owners to do that. In most cases, the models used are our own.

Rod

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Yes, this is a really interesting topic and one that's always confused me a bit! My understanding was that if anything is in the 'public domain' then it's OK to use - i.e. well-known models such as GROW or H&M learning styles which are cited on tons of websites; as long as you don't quote directly from an author and you write your own copy to describe it and create your own exercise to train it in. But that if the author has created tools to go with the model, i.e. a questionnaire, that they sell, then you cannot rip these off. But I might be completely wrong, please do correct me if so!!

03/03/2010

Rod raises an interesting point, as I am sure many trainers refer to (or even use) copyrighted material without necessarily knowing that the material is protected. Johari windows - copyrighted or not? Honey and Mumford learning styles - copyrighted or not? Clients also fall into a similar trap. I use many actors in my training (forum theatre, role play etc)and clients will often ask, sometimes at the last minute, "Oh, we'd like to film this for future reference, that's okay isn't it?". Well, no, it isn't. The actors, director and author all have their intellectual copyright invested in the product and so clients must pay a buy-out if they want to use that copyrighted material through another medium such as video.

Tim Stockil
Ci: Creative intelligence

02/03/2010

Tim

I have recently had experience of this. As an organisation we wanted to use situational leadership within our management development programme. We investigated the copyright, and although we already had information on situational leadership we had to become licenced to use the material which involved an in-house training programme and individual assessmeent. We now have to purchase any related material via the sole UK supplier and have to agree any additions we make to the material provided with them and have it Q/Aed before use. In addition to delivering a specific Situational Leadership course we also hope to refer to the model in other courses but can only do so if we make full recognition of the copyright.

02/03/2010

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