1.4 | Staff Responsibilities and Ethics

STEP 1 - LEARN Today we will discuss both ethics and laws. View the video Critique and Feedback - the Story of Austin's Butterfly. Discuss how the lesson in the video applies to our teamwork. View the remainder of this presentation and take notes

BEING ETHICAL AND LEGAL A legal action is one that follows rules that have been written down, like not stealing. An ethical action is one that is right but has nothing to do with laws, like communicating honestly and fairly with people. In this class we will strive to always be both ethical and legal. Strong ethics are one of the most important keys to happiness in life. When we treat one another ethically in this class, we will have more fun, get more accomplished and create an amazing product. We will also be legal in all of our actions. There will be times when it is tempting to use a photo from the internet “because no one will ever know.” It is still illegal even if no one knows and our ethics are above that.

TEAMWORK Each member of a team serves a vital role. We all need to communicate clearly and kindly with one another. Consistency, in attitude and behavior, is important. Inspiration can come from any member of the group. Openness to new ideas stimulates creativity. Each member of a team serves a vital role. Team members lead when they believe in themselves.

Student journalists have three primary ethical and legal obligations. We are going to make a commitment to creating a complete and balanced publication.

1 - FAIRNESS All reporting must be fair and unbiased. The yearbook should not be used as a platform for personal views. Both sides of a story should be told.

2 - ACCURACY All names, quotes and information, including anything submitted by non-staffers, should be checked carefully.

3 – GOOD TASTE Thoughtful decisions and high standards will ensure that the yearbook is free of questionable material such as: racist or sexist remarks ethnic slurs crude humor inside jokes or cruel remarks glamorizing of illegal activities

LIBEL A type of speech not protected under the U.S. Constitution. Libel is printed and is: Is false Words or pictures Identifies the person Harms a person’s reputation Libel is a false printed statement that defames a persons good name. A libelous statement harms a person’s good name, brings about public contempt or disgrace or damages a person’s reputation in the community. Some basic elements define libel.

AT FAULT FOR LIBEL A journalist can be considered “at fault” for libel if: A private citizen (like a student) Can prove that writer did not verify accuracy of information. A public figure (like a celebrity) Can prove that the writer knew the information was false. Or prove that the writer acted in a reckless disregard for the truth.

AT FAULT FOR LIBEL Both the writer and the editor, even if they are under 18 and minors, are considered responsible and can be sued in a libel case.

Truth is a defense against a charge of libel. A statement proven true is not libelous. By checking facts carefully, consulting multiple sources and publishing only material that has been verified as accurate, yearbook staffs should be able to avoid problems with libel.

“I was making a joke” is not a defense. It doesn’t matter what meaning a writer intended to communicate. If a person can reasonably take a statement seriously, it can be considered libelous. In a yearbook, joke captions that attempt to be funny as well as captions that incorrectly identify someone can be libelous.

COPYRIGHT, TRADEMARK AND FAIR USE Copyright and trademark laws restrict the publication of material belonging to or created by others.

COPYRIGHT Intellectual property, art and book covers cannot be used by others. Most images found on the internet are copyrighted. Yearbook staffs must get permission from the owner. Permission can be sought by contacting whoever has ownership. The owner most likely will want to know details of what is to be used, the reason for using the material and information about printing and distribution. Even when something has not been published (like a poem by a student), it is still necessary to get permission before using it. Providing credit to the source in the yearbook is not a substitute for seeking permission.

COPYRIGHT DISCUSS: Can the art and text from this book be used as a yearbook cover? Why or why not? Are there parts that can be used? What would make the use legal? The art from this cover cannot be used as-is because it is protected by copywrite law. Small segments of it may be used, like the title. It would be legal to use if: a school changed the art or colors or got written permission from the publisher.

COPYRIGHT LAW PROTECTS Song lyrics Currency Literary works Cartoon characters Artwork Movie characters Photographs TV characters Music Websites Videos Website screen shots Maps Computer software Stamps Corporate logos Games Copyright law protects the rights of individuals to control the use of their intellectual property. While ideas and facts cannot be copyrighted, the way they’re expressed can be. Anyone who uses copyrighted material without permission is guilty of copyright infringement. One exception is the concept of fair use.

FAIR USE A person may use someone else’s photo, music, artwork or text as long as it is being used for educational purposes. The use of the work must not diminish it in any way The heart of the work may not be used Creator must not lose money as a result of use Fair use does not cover the use of that work in student newspapers or yearbooks. The work can only be used within school walls, like for a report or presentation. Permission can be sought by contacting whoever has ownership. The owner most likely will want to know details of what is to be used, the reason for using the material and information about printing and distribution. Even when something has not been published (like a poem by a student), it is still necessary to get permission before using it. Providing credit to the source in the yearbook is not a substitute for seeking permission.

TRADEMARK Titles, phrases and slogans can be trademark protected. This means they cannot be used for commercial purposes by anyone else.

STEP 2 – PRACTICE Work individually or in groups to determine how you would handle the situations on Handout 1.4 – You be the Judge.

STEP 3 – USE Throughout this term, we will be both ethical and legal in all actions regarding this publication.