Monday, 12 January 2009

The legal and ethical constraints of interactive media

The legal and ethical constraints of interactive media

· Computer misuse act
· Data protection act
· Obscene publication act
· Intellectual act
· Racism
· Disability

Legal Constraints
Checking intellectual property rights- Copyright- Design rights- Moral and paternal rights- Trademarks- Patents
Obtaining permissions
Libel
Race Relations Act
Obscene Publications Act
Computer Misuse Act
Data Protection Act
Accessibility
Contracts- Types of contract- Subcontracting- Outsourcing- Working to a brief- Penalties
Ethical Constraints
Authorship and ownership issues
Representation- Race- Gender- Age
Blasphemy
Appropriateness to audience


Computer misuse act: Is if you gain access to a computer with not the etherisation and steal data by hacking files and by planting viruses and using them for blackmail, or to copy a program e.g. Photoshop and putting it on a bit torrent site.
There are programs like limewire, Ares and Nero that are illegal to use and fall under this act if you get caught you can get for a fine or get 5 years as imprisonment.
As a designer it would be unacceptable to download programs of the internet, there are copyright laws on the programs and trademarks.

http://www.theteacher99.btinternet.co.uk/theteacher/gcse/newgcse/module8/task9.htm

http://en.wikipedia.org/wiki/Computer_Misuse_Act

Data protection act: the data protection act is where the UK public gives information (bank details, home details etc) have to protect that information and not let any information out to anyone. As a designer if I make a form room or a website to sell my artwork to the UK public I would have to take email address, bank details and home address. The computer misuse act and the data protection combine, if someone hacks or plants a virus to receive people’s bank details to clone bank cards for frond but it’s the person that protecting the data’s fault for not securing the data.

http://en.wikipedia.org/wiki/Data_Protection_Act





Obscene publication act: is where you can’t show anything that is depraved and corrupt e.g. bestiality, necrophilia, rape or torture.
You can get a jail sentence from:
· 6 months downloading
· 3 years downloading, containing and sharing
· 2 years for the production
As a designer I can’t show a video production but if I produced something obscene I would lose my job, home and imprisonment but in some cultures some of this are acceptable so I would ask the client what was the boundary and where is it going to be placed.
You can paint most of the things that are depraved and corrupt as it is a expression of art but it’s not right to produce a video or a Photoshop image.
But there was a game that corrupted a persons mind (manhunt) he kill a 14 year old and it was taken to court and was banned and it was put under the obscene publication act and the creator was given 2 years imprisonment.

http://www.iwf.org.uk/police/page.22.38.htm

http://news.bbc.co.uk/1/hi/england/leicestershire/6767623.stm


Intellectual act: is basically the copyright law, once you have created a final piece u have copyright over it.
if u have a final piece you can put a copyright law on it will cost up to £200,copyright law's last up to 50 - 100 years after death but in the USA they last for 50 years only,you cant copy the original design and clam it as your own e.g. mikey mouse,you can trademark almost everything form colour, font and layout.

http://demonrazgriz666.blogspot.com/2009/01/laws.html

Racism: there are a lot of cultures you can’t create a website, game or film.
You can’t use Racial Discrimination in a employment under there
· colour
· nationality
· ethnic or national origins
The racial discrimination is not accepted in part time jobs terms and conditions, pay and benefits, status, training, promotion and transfer opportunities
http://www.direct.gov.uk/en/Employment/DiscriminationAtWork/DG_10026667

Disability Discrimination Act: having a website for the blind people with no sound.Having a film with no audio without subtitles.Jobs involve computers and people the wrist problems have to have a custom mouse made.
The act is used everywhere like:
· application forms
· interview arrangements
· proficiency tests
· job offers
· terms of employment
· promotion, transfer or training opportunities
· work-related benefits such as access to recreation or refreshment facilities
· dismissal or redundancy

http://www.direct.gov.uk/en/DisabledPeople/Employmentsupport/YourEmploymentRights/DG_4001071

· Obtaining permissions: is to get permission from the original copyright to allow access to use the product, design or artwork. You can’t take the original design and modify it and clam it as your own that would be in the act of the Intellectual act.
http://www.k-state.edu/academicpersonnel/intprop/permission.htm

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