Legal and Effical Constraints

IDENTIFY CONSTRAINTS

Legal Constraints

1. Checking intellectual property rights (Copyright, Design Rights, Moral and Paternal rights, Trademarks, Patents)


2. Obtaining permissions


3. Libel


4. Race Relations Act


5. Obscene Publications Act


6. Computer Misuse Act


7. Data Protection Act


8. Accessibility


9. Contracts

Ethical Constraints

1. Authorship and ownership issues


2. Representation (Race, Gender, Age)


3. Blasphemy


4. Appropriateness to audience

FULLY EXPLAIN THEM WITH EXAMPLES (Some have none and some have loads so please bear that in mind when marking please Dan. Cheers)

Legal Constraints

1. Checking intellectual property rights (Copyright, Design Rights, Moral and Paternal rights, Trademarks, Patents) - If an artist/designer has created the final piece or multiple final pieces then he/she can copyright his/her work. The copyright fee is £200 pounds so it essential to make the final piece suitable for your target audience and for the business should you be in one otherwise your wasting money. Reason's why you can copyright more then one is because you may have loads of different versions. Take Mickey Mouse theirs different version of the character, so to stop people trying to closely copy it you keep on copyrighting. Another example would be Power rangers. Theirs 5 character but the only difference is the colour code. When you copyright something it automatically becomes trademarked. Trademark is incredibly accurate, accurate in the sense that if another designer produces something similar you can not sue them. An example is where Orange tried to sue Easy Jet because Easy Jet used orange on their phones. However Orange lost the case because Easy Jet used a different shade of orange. So its that specific.


2. Obtaining permissions - This is where a company may want to borrow or duplicate or develop a copyrighted piece of their own. However the company which they would got permission from would agree on a certain percentage of money which the company borrowed the copyrighted image off. So for example if I drew a picture better than the Mona Lisa and I named it Mona Jack and then a business called Painters R Us (with my permission) used the Mona Jack and developed into the Mona R Us the money they would get would mean I would get 20%-40% of there profits because its my idea that getting the business money, so I deserve my share. A real life example (Can't think of any Art and Design examples) would be where bands produce music then another band covers the song and gets money of it. The original artist deserves a percentage of the profit.


3. Libel - This is where a company takes a product any gives out a message of the product. What its says needs to be completely accurate and not in a manner of trying to put of people in another company or comparing on something apparently rubbish if it exists. (This counts even it is rubbish) Also any statements made on anyone should not be defamatory, libelous or slanderous.


4. Race Relations Act - This is basically making sure that one race of people are left aside of used as abuse. If you do any of the following of the two then your breaking the Race Relations Act and example of this is Neighbours where 99% of the cast is White and not black.


5. Obscene Publications Act - This is where a piece of Multimedia, ie poster, advert etc (Something which the whole public would see with no deliberate intention) and if its got something Obscene ie. Someone being raped, murdered or use of necciphiria then this can be baned. I say can be because this is one of those laws the comes down to opinion. So for example people may have a problem with one advert but totally fine with another. A small example which is relevant to some degree is the business with Andrew Sachs daughter. If no one complained then Jonathon Ross wouldn't be suspended and Russel Brand didn't needed to leave due to the pressure. A more related example would be where the Chanel advert was baned because the actress was dead in it. The penalty's are that if your part of a small company then you can face jail however if its larger companies then it can be 6 months if you downloaded it 2 years if you produced it and 3 years if your the manager of it.


6. Computer Misuse Act - This is also known as the CMA this is is the Act which says downloading, copying, duplicating, defacing and piracy is illegal because any of the 5 results in the business losing reputation or losing money. Doing any of this can result in a 5 year penalty.


7. Data Protection Act - Every single person in Britain whether you like it or not (Outrage if you ask me) has their bank accounts info, email address info, house address. In Simple words everything to do with you life in numbers. It also has anything you might have copyrighted on it like the Mona Jack. So if someone uses it without Obtaining Permission then they can be facing fines. This could be anything, Music, movies, pictures of illegal websites. So unless you pay for it or you have Obtained permission with the product then you are a unknown criminal to the Data Protection Act.


8. Accessibility - This is a the Disability relations act kicking in. Any building or multimedia without considering people whom are disabled are failing this act. Examples of following it are walkways to get in a building by a wheelchair, a poster being lower down so its readable by a person on a wheelchair.


9. Contracts - This is simply the evidence of obtaining permission or buying a product or selling a product. The rules are that the agreement must be completely accurate and be have no open ended sentences. When its signed then theirs no going back. If if you made any unknown mistakes then could can't redeem it unless you do another contract saying that you are ending the first. Mistakes on contacts can get you to lose court cases.
   

Ethical Constraints

1. Authorship and ownership issues - This is quite simply owning the product and the proceedings of the product along with the product. Evidence of this is signed by a contract. This contract has to follow all the act otherwise theirs a chance of being prosecuted.


2. Representation (Race, Gender, Age) - If your someone with a good reputation in the working industry then your more likely going to get more work then someone with a bad reputation. Same with this. When producing a poster or advert then you have to get people believing that you will not disrespect the opposite race or you won't be sexist and you will take the age into account. In simple terms your not narrowing down your target audience so you won't be accused of being racist or sexist.


3. Blasphemy Same idea as Representation. You can't be offending people's belief in the process. For example Marks and Spencer's can't say "buy these 5 oranges and get another 1 free. Allah said its all right." You can imagine what would happen their would be rebellion from the Muslim community. A similar thing happened with the Jeromy Springer Show. About 4000 letters were complaining for the disrespect of the christian belief. This example would also go into the Obscene Publications Act.


4. Appropriateness to audience - This one is essentially a more general version of Representation and Blasphemy basically do your best to make sure the audience doesn't complain. Example would be a horror show on cbbc with the most gruesome effects used. You just simply need to think of your target audience and try not to disappoint them.