lo5 legal & ethical issues

8
Legal and Ethical Issues

Upload: carmels

Post on 11-Aug-2015

83 views

Category:

Education


0 download

TRANSCRIPT

Legal and Ethical Issues

Legal and Ethical IssuesCopyright: A legal right to allow the original the author or artist the right to publish, create, perform or print a certain piece of work. Protecting the work from anyone else copying or duplicating it. Defamation: The action of ruining the good reputation of someone.Privacy: The act of being free from the public.

One of the most important legal issues that I need to think about before publishing my magazine is Copyright. This will help me to protect my content from people trying to copy it and use it for other purposes. I will make my Copyright procedures clear by adding the Copyright to my content.

Another issue that my magazine could come across is defamation, privacy, and publicity issues. This is because when publishing the interviews and gossip pages, the magazine needs to make sure that they do not break any privacy rules of the subjects life. As well as the magazine has to make sure that they publish information that is true to the word and no false accusations to gain more money. To avoid defamation issues my magazine needs a publishing contract that makes sure that the editors take these issues seriously. As well as, privacy issues is a hard thing to avoid when publishing a magazine but the editors has to make sure not to publish any content of an embarrassing nature to the subject. An example of where my magazine come could across this in my draft double page spread is the editor needs to make sure that they write exactly what the subject said and nothing different.

An ethical issue that my magazine could face is the breach of morality. This means that the editors could include information on a particular story that breaks the audience morals. To make sure that this doesn’t happen often if not at all the editors will need to use their common sense to make sure the story is suitable to publish. As well as, if a story did happen to upset a member of the public then the magazine would have details within the magazine for the public to contact and complain to the magazine.

When advertising within the magazine, the advertisers or magazine must have the permission of everyone within the advertisement involved to publish the advert. This could be the product or service label, a celebrity etc.

Finally to make sure my magazine does not break any copyright laws, my magazine will ask permission from the social network sites that will be on the front page to use the logos. I will do this by contacting them and asking them for the permission by explaining what the use would be.

Legal and Ethical IssuesIntellectual PropertyTo protect the content of my magazine I will need to use a few different types of intellectual property to make sure that no one copies my work. I will use Trade marks protection to make sure that my logo/ mast head, strapline etc. are protected from anyone trying to copy them.On the written content and photos in my magazine I will use Copyright to make sure that no one tries to copy the work or claim it as theirs.

To use the logos of the social networks on the front cover of my magazine then I will need to buy intellectual property from the businesses. By looking at the guidelines of using the logos for the different social networking sites, they allow businesses to use the logo as long as they do not modify the logo in any way. Whilst also making sure to use it in the right context, as I believe that my magazine is using the logo in the appropriate manner and not modifying the logo in any way I believe that my magazine will have the permission to use the logos on the front page.

The Intellectual Property rights will be passed from the ‘inventor’ to the publisher, this is because there will be a contract to make sure that all the content is protected and all the rights go to the publisher. The publisher will buy all the rights for all the content this makes it easier to apply for the rights all together.

For the copyright of the content I would need to make sure to add the copyright logo to the page so that it is clear that its copyrighted. As well as on the bottom of the contents page I willput a disclaimer that all the content is copyrighted so that the readers are fully aware that the content is protected.

(Sources: https://www.gov.uk/intellectual-property-an-overview/overview http://angiemakes.com/improper-use-social-media-icons/ http://www.dehns.com/cms/document/Ownership_of_Intellectual_Property_Rights.pdf )

By looking at the editors code of press complaints commission I understand the standards that my magazine need to reach to be fair and not break any rules of publishing.The benchmark within the editors code is to never upset the public by publishing appropriate content. It is also to publish fair and suitable content with in the magazine.

Case study of breaching The Editors CodeMail on Sunday breached Clause 3 (Privacy) of the Editors' Code in 2009In 2009 Mail on Sunday reported that Daniel Craig had bought a new apartment in North London. In the report they explained the district in London where the property was, they also included the name of the nearest park and finally included a photo of the house that the apartment was located. The actor then complained as he was harassed by fans as they found where he lived and visited his property often.

The Commission makes it clear that newspapers should not identify the homes and locations of people who may be exposed to security issues. After this report was published the Commission concluded that the article included too much detail of identifying the property without any justification, resulting in a breach of the Code. Once this was concluded the newspaper had to remove the online article as well as apologise to Daniel Criag. The Mail on Sunday also were asked to meet the £25,000 security costs that were necessary after the report was seen by the public. These costs were mainly to protect his partner and child.

After this breach the newspaper was warned to not publish any other hints to celebrities properties locations to make sure that they never caused any security issues with anyone else.

(Sources: http://www.pcc.org.uk/review09/2009_statistics/case_studies.phphttp://www.theguardian.com/media/2009/feb/27/mail-on-sunday-daniel-craig)

Filing a complaintFiling a complaintFor the public to be able to file a valid complaint with the press complaints commission they need to reach the code of practise whilst filing it. The process of filing a complaint is to send a email or letter. To highlight their point even further the press complaints commission requests a valid article of the media that is being complained about, if there is such a thing. Then they need to make sure to add the name of the publication and the date too, this helps the press complaints commission to be able to find the article themselves and study it. Then the person complaining would also need to give a brief summary of what is wrong with the article and how they believe that the article e has breached the Code of Practise.

Procedure of checking a complaintOnce the complaint has been filed it is then the job of the press complaints commission to look within the complaints and article to see if the complaint is valid.This starts when the complaint is assessed, they do this by checking if it raises a breach against the Editors Code of Practise. If they feel that the article doesn’t then they will explain to certain person who filed the complaint why it doesn’t. If it does then the complaint is carried on further and sent to investigation.Within the investigation process press complaints commission will write to the editor and send a copy of the complaint with a copy of the article that the complaint is about. The editor then needs to respond to the complaint and a copy is sent to the member of the public. If it still seems that it has breached against the code then the press complaints commission will carry on till it is satisfactory for the member of the public. If the case is extremely serious then the editor will need to write a letter of apology in the paper. Or the content can be deleted (if on the internet).If the editor breached the code then the complaint is upheld and this can cause a negative impact on the editor. (Source: http://www.pcc.org.uk/complaints/makingacomplaint.html)

My magazineTo make sure that there this does not occur within my magazine then I would make sure to not add anything that the subject within my interview has not said. I need to make sure that all the content that is claimed to have been said by the subject is 100% true to them. This helps me to not have an issue involving defamation within my magazine.

Filing a complaint formThis is the form for filing a complaint to the PCC on the form the complainer needs to fill in what they are complaining about, if they’ve been in contact with the publisher, as well as the name and date of the publication. At the bottom of the form they also have the option to add an image if needed. After filling this form section of the form in there is another section to the form. This is where the person filing the complaint needs to choose which part of The Editors Code they believe that the publisher has breached. The next step in the filing a complaints form is to give your details to the Commission so they can contact you when they are dealing with your complaint if this is needed. The last part of the form is a opportunity to review the complaint that you have made to make sure it is as accurate as possible.

(Source: https://www.ipso.co.uk/oxbxApps/app/complaint1.html)

Copyright within Q magazine

Audit Bureau of Circulation claimIn the front of the magazine there is a small message in tiny writing in the editors letters part. It says: ‘Member of Audit Bureau of Circulation. Nothing in the magazine may be reproduced in whole or part without the written permission of the publishers. We cannot accept responsibility for unsolicited manuscripts and photographs or for material lost or damaged in the post.’

This helps them to protect the content of their magazine by making sure that no one can steal it and copy it for their own use. It also helps them to make sure that the content of the magazine reaches the correct standard within the media industry.

About Audit Bureau of CirculationABC delivers the certification that the data and content within the magazine meets the industry standards . It also verifies all the data within the magazine to make sure that it is correct and valid within the content used. It also makes sure to protect the reputation of any advertisers used within the magazine. ABC also measures the circulation of the magazine, checking all sales figures of the magazine.

My magazineTo protect the content with my magazine I am going become a member of the Audit Bureau of Circulation, this will ensure that my content is protected whilst also making sure that it is valid and reaches the industry standards.