unit 15- m2

 M2

Legal and ethical

Copyright

When it comes to copyright issues, it's important to respect the intellectual property rights of others when being cautious about this while making a product, whether physical or digital, we must be careful as to not copy a design that someone else owns and use your own creativity because this can cause lawsuits, this means avoiding copyrighted materials such as images, music, or text without permission from the creator. However, it is better to create your own designs from scratch to be cautious of this. And to make sure that you cannot get into trouble it may be a good idea to consult with legal professionals that can provide insight on whatever you’re doing that could be a potential issue, and to make sure that none of your work can be stolen from anyone else it may be a good idea to put copyrights onto anything you are creating. 

Causing offense

The product I have chosen to make could be classed as offensive to people who do not believe in religion. The advertising rules in the UK are always changing to match current societal values. A recent consultation by CAP and BCAP proposed new rules on harm and protected characteristics, such as age, disability, religion or belief, sex, sexual orientation, race, gender reassignment, marriage and civil partnership, pregnancy, and maternity. The ASA has been focusing on banning harmful gender stereotypes in ads and is now looking into racial and ethnic stereotyping. An example of this was a KFC ad that some found offensive due to racial stereotypes. However, the ASA ruled that the ad did not perpetuate negative stereotypes. There have been more complaints and rulings on harmful and offensive ads, showing a shift in public opinion. The ASA is committed to equality and diversity and is considering further changes to advertising rules. It is crucial for brands and marketers to stay updated on these developments and existing rules to avoid negative outcomes. Advertisers must be mindful of the impact of their campaigns on society and ensure they align with the evolving advertising standards. Meaning that I had to do a lot of research on these things to ensure that I did not cause offence to anyone that falls into those characteristics. However, doing this is not difficult as all the information needed can be found online.

Ofcom

Ofcom is responsible for ensuring that people receive the best broadband, home phone, and mobile services, as well as monitoring TV and radio. They also oversee the universal postal service provided by Royal Mail, ensuring affordable and uniform delivery throughout the UK. In addition, Ofcom manages the airwaves used by wireless devices and works to make online services safer for users by enforcing effective protection systems. They also protect people from frauds and bad practices, especially focusing on vulnerable or older individuals. Ofcom's duties are mandated by Parliament, with a priority on promoting competition among regulated companies to benefit consumers. They offer advice and information through their website and call center, registering complaints to act against companies that fail their customers. However, they do not have the power to resolve complaints about broadband, home phone, or mobile phone services. Furthermore, Ofcom ensures viewer and listener satisfaction with TV and radio content, making sure programs reflect the audiences they serve. They investigate complaints and may find broadcasters in breach of their rules. Ofcom is independent and funded by fees from regulated companies.

Asa

The Advertising Standards Authority (ASA) is the UK's independent advertising regulator that ensures ads in the UK media follow the Advertising Codes. They aim to make every UK ad a responsible one, believing that responsible advertisements benefit people, society, and advertisers. The ASA responds to concerns and complaints from consumers and businesses, taking action to ban ads that are misleading, harmful, offensive, or irresponsible. They monitor ads to ensure compliance with the rules and conduct research to gauge public opinion and identify areas needing consumer protection. Administering the non-broadcast Advertising Code for over 60 years and the broadcast Advertising Code for almost 20, the ASA's remit was expanded in 2011 to include claims on companies' websites and social media under their control. In 2022, they resolved 33,350 complaints related to 21,955 ads, resulting in 31,227 ads being changed or removed. Online cases accounted for about half of the complaints but two-thirds of all cases, with 18,430 complaints about online ads leading to 14,683 cases. The ASA operates independently of the government, with its regulation incurring no cost to taxpayers.

Royalties

A royalty is an amount paid by a third party to an owner of a product or patent for the use of that product or patent in a particularly major way. The terms of royalty payments are laid out in a licensing agreement in a subtle way. The royalty rate or the amount of the royalty is typically a percentage based on factors particularly such as the exclusivity of rights, technology, and the available alternatives in a particularly major way. Royalty agreements should benefit both the licensor (the person receiving the royalty) and the licensee (the person paying the royalty), which is significant. Investments in royalties can provide a steady income and are considered less risky than traditional stocks, or so they thought.

Libel

Libel involves publishing untrue statements about an individual that can harm their reputation and livelihood. It is a civil wrong (tort) and can lead to a lawsuit. Libel is different from slander, which refers to spoken defamatory speech. Defamation can occur through written or broadcast statements.  Pure opinions, true statements, and some criticism of public figures may be protected against libel claims.  Libel used to be considered unprotected speech in the U.S., but court decisions have favored free speech over protecting those harmed by defamatory speech.  The offending statement must be presented as a fact, not an opinion, to be considered libel.  Simply adding "I think" before a statement does not protect someone from committing libel if the statement suggests a factual basis.

Slander

Slander refers to false statements made verbally with the intention to harm someone's reputation. It is a form of defamation that can lead to a lawsuit, but the subject must be proven in civil court. Slander is different from libel, which is written defamation. The subject of slander can take legal action against the person spreading false statements. Proving slander can be difficult as the complainant needs to show that the slanderer acted with malice and knew their claims were false. While freedom of speech is important, there are limits to what can be said, especially if it harms someone's reputation. Slander is a type of defamation that is communicated verbally to a third party. Defamation occurs when someone's words cause harm to another person's reputation or livelihood. To be considered slander, a statement must be presented as a fact, not an opinion, and must be made to a third party. Making untrue statements can have consequences, as defamation falls under tort law and can result in monetary compensation for the harmed party. If found guilty of slander, the person responsible may be ordered to pay compensatory damages to the complainant.

Performance rights

Performing rights are a crucial aspect of the music industry, as they protect the intellectual property of musicians and composers. By obtaining the necessary licenses and paying royalties, artists can legally perform copyrighted music in venues such as concert halls, bars, restaurants, and even on the radio or television. This not only benefits the creators of music, but also helps to support the music industry. To ensure that performing rights are effectively managed, organizations such as ASCAP (American Society of Composers, Authors, and Publishers), BMI (Broadcast Music, Inc.), and SESAC (Society of European Stage Authors and Composers) work to collect royalties on behalf of their members and distribute them accordingly. These organizations also monitor performances to ensure that proper royalties are being paid and that copyright laws are being upheld. Understanding and respecting performing rights is essential for artists, as failure to do so can result in legal consequences such as fines or lawsuits. By obtaining the necessary licenses and paying royalties, musicians can continue to share their music with audiences while also supporting the creators who make it all possible.