Chapter 2. Understanding Ethical and Legal Considerations © 2012 by Bedford/St. Martin's1 What is ethics? Ethics is the study of the principles of conduct that apply to an individual or a group.

Chapter 2. Understanding Ethical and Legal Considerations © 2012 by Bedford/St. Martin's2 In thinking about ethical dilemmas, four standards are useful: Rights—individuals’ basic needs and welfare. Justice—how the costs and benefits of an action or a policy are distributed among a group. Utility—the positive and negative effects that an action or a policy has on others. Care—the relationships we have with other individuals.

Chapter 2. Understanding Ethical and Legal Considerations © 2012 by Bedford/St. Martin's3 You have three sets of ethical obligations: to your employer to the public to the environment

Chapter 2. Understanding Ethical and Legal Considerations © 2012 by Bedford/St. Martin's4 You have five obligations to your employer: competence and diligence generosity honesty and candor confidentiality loyalty

Chapter 2. Understanding Ethical and Legal Considerations © 2012 by Bedford/St. Martin's5 Four bodies of law are relevant to technical communication: copyright law trademark law contract law liability law

Chapter 2. Understanding Ethical and Legal Considerations © 2012 by Bedford/St. Martin's6 Courts consider four factors in disputes over “fair use”: the purpose and character of the use, especially whether the use is for profit the nature and purpose of the copyrighted work the amount and substantiality of the portion of the work used the effect of the use on the potential market for the copyrighted work

Chapter 2. Understanding Ethical and Legal Considerations © 2012 by Bedford/St. Martin's7 Adhere to these four guidelines when you use material from another source: Abide by the fair-use concept. Seek permission. Cite your sources accurately. Consult legal counsel if you have questions.

Chapter 2. Understanding Ethical and Legal Considerations © 2012 by Bedford/St. Martin's8 There are two kinds of trademarks: Trademark—a word, phrase, name, or symbol that is identified with a company. Registered trademark—a word, phrase, name, or symbol that the company has registered with the U.S. Patent and Trademark Office.

Chapter 2. Understanding Ethical and Legal Considerations © 2012 by Bedford/St. Martin's9 Use four techniques to protect trademarks: Distinguish trademarks from other material. Use the trademark symbol ( TM or ®). Use the trademarked item as an adjective, not as a noun or a verb. Do not use the plural form or the possessive form of the term.

Chapter 2. Understanding Ethical and Legal Considerations © 2012 by Bedford/St. Martin's10 Contract law recognizes two kinds of warranties: Express warranty—a written or oral statement that the product has a particular feature or can perform a particular function. Implied warranty—a warranty that is not written or spoken explicitly but inferred by the purchaser.

Chapter 2. Understanding Ethical and Legal Considerations © 2012 by Bedford/St. Martin's11 Follow these ten guidelines for abiding by liability laws: Understand the product and its likely users. Describe the product’s functions and limitations. Instruct users on all aspects of ownership. Use appropriate words and graphics. Warn users about the risks of using or misusing the product.

Chapter 2. Understanding Ethical and Legal Considerations © 2012 by Bedford/St. Martin's12 Follow these ten guidelines for abiding by liability laws (cont.): Include warnings along with assertions of safety. Make directions and warnings conspicuous. Make sure that the instructions comply with applicable company standards and local, state, or federal statutes. Perform usability testing on the product and on the instructions. Make sure users receive the information.

Chapter 2. Understanding Ethical and Legal Considerations © 2012 by Bedford/St. Martin's13 Four elements of an organization’s culture encourage ethical and legal behavior: ethical leadership supervisor reinforcement peer support reinforced and embedded ethical values

Chapter 2. Understanding Ethical and Legal Considerations © 2012 by Bedford/St. Martin's14 An effective code of conduct has three characteristics: It protects the public rather than members of the organization or profession. It is specific and comprehensive. It is enforceable.

Chapter 2. Understanding Ethical and Legal Considerations © 2012 by Bedford/St. Martin's15 Companies have obligations when communicating across cultures : They must not reinforce patterns of discrimination in product information. They are not obligated to challenge the prevailing prejudice directly. They must adhere to other countries’ federal and regional laws when exporting goods and services.

Chapter 2. Understanding Ethical and Legal Considerations © 2012 by Bedford/St. Martin's16 Follow these ten principles for ethical communication: Abide by relevant laws. Abide by the appropriate professional code of conduct. Abide by your organization’s policy on social media. Take advantage of your employer’s ethics resources. Tell the truth.

Chapter 2. Understanding Ethical and Legal Considerations © 2012 by Bedford/St. Martin's17 Follow these ten principles for ethical communication (cont.): Don’t mislead your readers. Use design to highlight important ethical and legal information. Be clear. Avoid discriminatory language. Acknowledge assistance from others.

Chapter 2. Understanding Ethical and Legal Considerations © 2012 by Bedford/St. Martin's18 Avoid four common types of misleading technical communication: false implications exaggerations legalistic constructions euphemisms