Legal & Ethical Issues that affect the Interactive Media Industry

What are intellectual property rights?

Intellectual property rights are legal protections granted to creators and owners of original works, ideas, and inventions. These rights include copyrights for literary and artistic works, trademarks for brands and logos, patents for new and useful inventions, and trade secrets for confidential business information. 

The purpose of intellectual property rights is to promote creativity and innovation by giving creators exclusive rights over their works and to prevent others from using or copying them without permission. 

This allows creators to profit from their work and encourages the creation of new and innovative ideas, products, and technologies.

Media example of a copyright infringement case:

A class action lawsuit has been brought against AI art generation engine Stable Diffusion. The software was trained on billions of copyrighted materials without credit, compensation, or consent of content owners.

The company scraped millions of images from the internet that had been posted or shared and used this data paired with its AI to create new images. 

From the article above the lawyer said the following :

"AI needs to be fair and ethical for everyone," said lawyer/programmer Matthew Butterick. "But Stability AI, Midjourney, and DeviantArt are appropriating the work of thousands of artists with no consent, no credit, and no compensation. As a lawyer who is also a longtime member of the visual-arts community, it's a pleasure to stand up on behalf of fellow artists and continue this essential conversation about how we the people want AI to coexist with human culture and creativity."

Image or art reproduction AI is a danger to human creativity and to the commerce of the creative industries. When all images, literature and original work can be stolen, imprinted and reproduced then the passion, need and ability to work in this field will diminish. This is something that has happened in the trades, modern machinery etc has made the talent and production of handmade items financially unviable both to the consumer and worker.

Defamation, Libel & Slander....... What is the law?

Libel and slander are forms of defamation, which is a statement that injures a third party's reputation.

Libel is a written or published false statement that injures a third party's reputation. This can take the form of written words, pictures, or other forms of media. In order for a statement to be considered libelous, it must have been published and must have caused harm to the individual's reputation.

Slander, on the other hand, is a spoken false statement that injures a third party's reputation. Slander is generally more difficult to prove than libel because there is often little or no evidence of the false statement having been made.

In both cases, the individual making the false statement must have known or should have known that the statement was false, and the statement must have caused harm to the individual's reputation. The individual who has been defamed may take legal action against the person responsible for making the false statement in order to seek compensation for any harm that has been caused to their reputation.

Definition of ‘ethics within the Media or industry

Ethics are defined as standard of behaviour that shows respect for essential moral principles and ensures integrity in a professional or organisational setting. In many industries, ethics can be murky terrain. In the media and entertainment industry, there are multiple examples of questionable actions taken by those in power. The #MeToo movement brought about many discussions about ethical dilemmas related to harassment and exploitation within the workplace.

This can be particularly challenging for those starting out their career who may feel pressured into choosing unethical practices in order to get ahead. It is important to remember that it's possible to further your work and career without compromising your ethics, making tough decisions now might just save you from a lot of problems later on.

a reminder that ethical dilemmas can crop up in even the most unexpected quarters. In terms of our professional lives, it is important to recognise how situations involving unethical decisions can profoundly affect our work: by engaging with moral compromises, we not only risk offending colleagues and clients, but also put ourselves at risk of legal sanctions. As such, recognising and understanding the nuances of ethical concerns is essential when navigating both personal and professional life with integrity. Libel: A newspaper publishes an article accusing a local business owner of tax evasion, despite having no evidence to support the claim. The article causes the business owner to lose customers and damage to their reputation. This is an example of libel, as the false statement was published in a permanent form (i.e. the newspaper) and caused harm to the person's reputation.

Media examples

Slander - A radio host makes slanderous statements about a celebrity on his radio show, accusing them of them of taking illegal drugs and other crimes. These statements are heard by thousands or more listeners and causes damage to their reputation . This is an example of slander because the statement was spoken rather than written and caused harm to them, which would likely result in loss of earnings and reputation.

Libel - A newspaper publishes an article accusing a local media business owner of tax evasion, despite having no evidence to support the claim. The article causes the business owner to lose customers and damage to their reputation. This is an example of libel, as the false statement was published in a permanent form (i.e. the newspaper) and caused harm to the person's reputation.

Media or industry example of questionable ethics:

The unethical behaviour of both the reporting media and management concerning Amy Winehouse was plain to see. The media wanted to report on the issue of the artist not being able to perform due to drug and alcohol issues, letting fans down and how disgraceful this all was. whilst they refrained from reporting on the management of the performer not protecting the artist and keeping her away from performances, the media and fans by putting her health and safety first.

 

There was also an issue of damaging her career further with bad management decisions which prioritised fulfilling contractual agreements over the health and reputation of Amy Winehouse. All this negative reporting only damaged any future relationships or bookings.

Legal/ethical example defined and commented on for best practice.

Data privacy

An example of a data privacy violation would be a company collecting personal information from its customers without their knowledge or consent and then selling that information to third-party advertisers. This would be a violation of data privacy laws, as the company did not obtain the necessary consent or permission from the individuals whose data was collected.

Best practices for data privacy include being transparent about how personal data is collected, used, and shared, obtaining consent from individuals before collecting their data, and implementing security measures to protect personal data from unauthorised access or theft. Companies should have clear policies and procedures in place for handling personal data breaches and notifying affected individuals in a timely and transparent manner.

one example that happened in August 2020, comes from Royal Mail. They suffered a data breach that exposed the personal data of 723,000 customers. The breach occurred when a vendor that Royal Mail uses to manage its marketing uploaded a file containing customer data to an unsecured server. The exposed data included names, addresses, phone numbers, and email addresses of customers who had opted into receiving marketing materials from Royal Mail.

This data breach highlights the importance of data privacy and the risks associated with sharing customer data with third-party vendors. It also demonstrates the need for businesses to have strong data privacy policies and procedures in place to prevent data breaches and respond to them if they occur.

In a client or business situation, this data breach serves as a cautionary tale for companies that collect and use customer data. Businesses should conduct regular risk assessments of their data privacy practices and those of their third parties and ensure that appropriate safeguards are in place to protect customer data. This includes reviewing contracts with vendors to ensure they contain appropriate data privacy provisions and regularly monitoring vendors' data security practices.

Businesses should establish a plan for responding to data breaches, including promptly notifying affected customers and regulatory authorities if necessary.

The Fake new saga

One ethics in media topic to understand is the concept of "fake news."

Fake news refers to deliberate misinformation or propaganda that is spread through traditional or social media platforms. The spread of fake news can have serious consequences, such as creating confusion, eroding public trust, and influencing public opinion in ways that can have real-world effects.

Fake news can be created and spread by various actors, such as individuals, interest groups, or domestic and foreign governments, and can take many forms, including fabricated stories, manipulated images or videos, or misleading headlines.

The ethics of media in relation to fake news involves a number of considerations, including the responsibility of journalists and media organizations to fact-check their stories, the importance of promoting media literacy among the public to help them identify and avoid fake news, and the need to address the root causes of fake news, such as political polarization and economic incentives.

Journalists have a responsibility to report accurate and verifiable information, and to avoid sensationalism or exaggeration. Media organizations can also take steps to ensure that their reporting is objective and balanced, and that they are transparent about their sources and methods.

Promoting media literacy among the public is also important, as it can help individuals to identify fake news and distinguish it from real news. This can involve providing education and training on critical thinking skills, as well as tools and resources for fact-checking and verification.

Just because it is reported by mainstream media outlets, we shouldn't consider it credible, we should examine alternative experts, opinion and evidence as many reports and information has an agenda behind it.

What is media representation? 

Media representation refers to the way in which individuals, groups, and events are portrayed in various forms of media, such as television, film, news, and advertising. It includes the images, language, and narratives used to depict these subjects, as well as the frequency and prominence of these portrayals.

Media representation can have a significant impact on the public's perceptions and understanding of different communities, cultures, and issues. It can also influence societal attitudes and norms, shaping cultural and political discourse. For this reason, media representation is often the subject of academic study, criticism, and activism.

The casting in Netflix show "Bridgerton" is an excellent example of media representation, because the series features a diverse and inclusive cast that challenges traditional notions of race and gender in period dramas. It includes actors of various races and ethnicities, with lead roles played by Black and Asian actors. The show also features LGBTQ+ storylines and characters, which is a rarity in period dramas.

Bridgerton's diverse cast has been praised for its representation of historically marginalized communities, and has helped to bring attention to the issue of diversity and inclusion in the entertainment industry. The show's success has also demonstrated the commercial viability of diverse storytelling and representation, as it has become one of Netflix's most-watched original series.

This example could be used in a client or business situation as a case study for the benefits of diversity and inclusivity in media representation. The success of Bridgerton and the positive reception to its diverse cast could inspire and be used by businesses and clients to adopt more inclusive practices in their marketing and branding strategies.

For example, a client or business looking to promote a new product or service could use Bridgerton's diverse cast as inspiration for their marketing campaign. They could highlight the diversity of their own team or customer base, and use inclusive messaging to connect with a wider audience.

Incorporating diversity and inclusivity into marketing and branding strategies is not only socially responsible, it can also be financially beneficial for businesses and clients. By embracing diversity and representation, companies can create a more inclusive and welcoming brand image, and appeal to a wider range of consumers.