Inquests And Copyright Part 2 Flashcards
What are ethical considerations when reporting suicide?
Editors code and Ofcom lay out guidelines for suicide
Both say media should not publish “excessive detail”
This has come due to increase to access info online plus creation of suicide websites
What is clause in Editors code and what does it say?
Clause 5 - Suicide
“Acts of care should be taken to avoid excessive detail of the method used”
What does excessive mean?
Means details could encourage or enable other to try and commit
What unethical or ethical when reporting suicide
Ethical to report in general term (hanging, overdoes etc)
Not ethical to name substance that caused death etc not ethical to report the mechanisms for death (how they made them etc)
Unethical to report paticular location
What did Daily Telegraph publish that was too unethical and had excessive detail?
PPC rapped Telegraph after they published diagram of contraption man had designed to kill himself
Can you report locations?
If general, like in home yes
But if notorious for suicides or can be no!
However if general PI on reporting issue place can be named (for example, campaigning for more patrols around the area to prevent them)
What guidelines do the Samaritans produce for media in relation to suicide consideration
1) report should not reference any method to be easy, quick and painless
2) Oversimplify what might have been the cause of suicide
3) Or specify that suicide achieved a result - exposed a bully
4) Make or quote statements - eg from SM which romantasise or honour the suicide for example the dead person is now an angel
What shouldent you publish according to Samaritans continued
Refer to any place they did it as somewhere that suicides always take place or use an image of this place
Don’t publish heights of cliffs bridges etc
A report should not use large, prominently placed it repeated pictures of the person that died
What should a report on suicide ideally do?
Ideally make point that suicides are preventable
What is Reading Chronicle Case 2009
2009 PPC upheld complaint in relation to report published too much detail about their daughter killing herself
Consumed poisonous leaves, report said leaves had been ingested, type of toxin found in leaves that the death would of been quick
PCC rules level of detail excessive
What is the main act for Copyright
The Copyright, Designs and Patents Act 1988
Who is copyright owned by?
Creator of any work that required skill, Labour or judgement
If work stolen or reproduced then creator can sue for damages
What does work covered by copyright contain?
Original literacy
Dramatic
Musical or artistic work
Books
Journalistic articles
Poems
Lyrics
Etc
Who owns the copyright
The creator owns copyright
But if work has been created in the course of their employment, the employer owns the copyright
What can owner of copyright do?
Owner can licensee their work so others can make copies
Owner can assign copyright - which is sell it
What are penalties for copyright?
Injunctions granted to prevent further copying, damages, claim on profit earned by infringement, order for possession of infringing copies
How long does Copyright last?
For literacy works, Cooyright lasts 70 years after death of creator
Sound recordings 70 years from first time communicated in public
Broadcasts 50 years after first broadcast
After that time work can be reproduced
When is copyright breached?
If all or a substantial part of the work is copied without permission from the copyright owner
Substantal as regards to text can apply to a single sentence or even just a headline if it’s very original
What can owner of copyright and court do if you infringe?
Owner can take injunctions out against you and stop you from copying it again
Court can demand all copies are handed over and destroyed
What is a good case about stealing copyright
Rock City Case
Is news involved in copyright
Not really as all news will be reported by different newspapers
Layouts and skills in setting out front page can be classed as copyright Or if a whole interview is copied
People can take stuff from paraphrase etc
What is the defence of fair dealing
There are two,
fair dealing for the purpose of reporting current events
Fair dealings for purpose of criticism and review
What is requirement of fairdealings for reporting current events
Material only used to report current events
Media org published sufficient acknowledgment of work and its author
Media org did not publish more of the material than was necessary
(Photographs excluded though)
What are the requirements for fairdealings for purpose of critiscism and review
Material used for purpose of Critisism and review
Media org published sufficient acknowledgment of work and its author
Media org did not publish more of material that was necessary for purpose of critisism and review
Work must have been made available to the public with CR owners permission
What is acquiescence?
CR owner that doesnt complain for extended period of time may be deemed to have implicitly agreed
What is defence of CR in the PI
If post copied to highlight something in PI
Will be based off a case by case basis
When did the Copyright Deisgns and Patents Act change and how?
July 31st 1989
Aim to give more rights to creators or photographers
Before July 31 1989 CR was owned by commissioner and not creator or by his/her employer
What is commisoners rights in CDPA 1989
After Aug 1st they not longer are CR owner but do have moral rights under the act
Therefore commissioner could fine too!
