Inquests And Copyright Part 2

Question 1

What are ethical considerations when reporting suicide?

Answer 1

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

Question 2

What is clause in Editors code and what does it say?

Answer 2

Clause 5 - Suicide

“Acts of care should be taken to avoid excessive detail of the method used”

Question 3

What does excessive mean?

Answer 3

Means details could encourage or enable other to try and commit

Question 4

What unethical or ethical when reporting suicide

Answer 4

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

Question 5

What did Daily Telegraph publish that was too unethical and had excessive detail?

Answer 5

PPC rapped Telegraph after they published diagram of contraption man had designed to kill himself

Question 6

Can you report locations?

Answer 6

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)

Question 7

What guidelines do the Samaritans produce for media in relation to suicide consideration

Answer 7

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

Question 8

What shouldent you publish according to Samaritans continued

Answer 8

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

Question 9

What should a report on suicide ideally do?

Answer 9

Ideally make point that suicides are preventable

Question 10

What is Reading Chronicle Case 2009

Answer 10

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

Question 11

What is the main act for Copyright

Answer 11

The Copyright, Designs and Patents Act 1988

Question 12

Who is copyright owned by?

Answer 12

Creator of any work that required skill, Labour or judgement

If work stolen or reproduced then creator can sue for damages

Question 13

What does work covered by copyright contain?

Answer 13

Original literacy

Dramatic

Musical or artistic work

Books

Journalistic articles

Poems

Lyrics

Etc

Question 14

Who owns the copyright

Answer 14

The creator owns copyright

But if work has been created in the course of their employment, the employer owns the copyright

Question 15

What can owner of copyright do?

Answer 15

Owner can licensee their work so others can make copies

Owner can assign copyright - which is sell it

Question 16

What are penalties for copyright?

Answer 16

Injunctions granted to prevent further copying, damages, claim on profit earned by infringement, order for possession of infringing copies

Question 17

How long does Copyright last?

Answer 17

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

Question 18

When is copyright breached?

Answer 18

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

Question 19

What can owner of copyright and court do if you infringe?

Answer 19

Owner can take injunctions out against you and stop you from copying it again

Court can demand all copies are handed over and destroyed

Question 20

What is a good case about stealing copyright

Answer 20

Rock City Case

Question 21

Is news involved in copyright

Answer 21

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

Question 22

What is the defence of fair dealing

Answer 22

There are two,

fair dealing for the purpose of reporting current events

Fair dealings for purpose of criticism and review

Question 23

What is requirement of fairdealings for reporting current events

Answer 23

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)

Question 24

What are the requirements for fairdealings for purpose of critiscism and review

Answer 24

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

Question 25

What is acquiescence?

Answer 25

CR owner that doesnt complain for extended period of time may be deemed to have implicitly agreed

Question 26

What is defence of CR in the PI

Answer 26

If post copied to highlight something in PI

Will be based off a case by case basis

Question 27

When did the Copyright Deisgns and Patents Act change and how?

Answer 27

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

Question 28

What is commisoners rights in CDPA 1989

Answer 28

After Aug 1st they not longer are CR owner but do have moral rights under the act

Therefore commissioner could fine too!