Tuesday, November 19, 2019
Examining a chosen area of media law that relates to the processes or Essay
Examining a chosen area of media law that relates to the processes or business practices involved in magazine publishing - Essay Example This paper aims at discussing the levels to which the law gives such individuals right to privacy. This will be in relation to the right and freedom given to the magazine publishers by the constitution. The intellectual property right is the right given to an individual to control any of his or her intellectual creations. Mostly violation of this right by magazine publishers through publication of these creations without the ownerââ¬â¢s permission this may involve the inclusion of photographs a written work by individuals the on the public eye. If a magazine publisher chooses to use any person material without their consent, this would be termed as a violation of intellectual property rights (Phillips & Firth 1999:84). Some of the victims of such violation are photographers, visual artists, and literal creations. If magazine publishers would use images of works by famous photographers without their assent, they would be guilty of violation of this right. However, the magazine can always use these creations by getting in touch with the persons involves and getting either written or verbal assent for the use of these creations. Another form of intellectual property right mostly abused by magazine publishers is the trade secrets. The trade secrets include confidential information that a business or a person uses to get an advantage over their competitors. This information might negatively involve the parties involved if the information gets to the public. A perfect replica of such an incident is one where maybe an artist had a formula or a manner in which he came up with his work. If a magazine publisher publishes this information without the consent of the artist, then the artistsââ¬â¢ privacy would have been invaded. The magazine publisher, however, has the right to print this information if the secret of trade violated human rights in any way. The law protects individuals from exploitation just to some limit. Contract law is a section of law that is funda mental for the making of oral and written agreements. These kinds of agreements usually have an association with exchange of goods and services, money, and properties. It entails topics such as the nature of responsibilities, limitation of actions, freedom of contract, privacy of contract, termination of contract and covers also agency relationships, commercial paper, and contracts of employment. In this case, the contract would involve the publisher and the public figure. Such agreement always involves information on the nature of co-existence between the two parties. Magazine publishers sometimes use information about some of the public figures to come up with some of their article. There are cases where the magazine publishers have an agreement of exclusion of some of the information. In such an incidence, it would be a breach of contract if the magazine publishers goes ahead and publishes the information The law of libel protects each and every person from defamation in whatever means. Libels refer to written defamation. This may take place if a magazine publisher decides to publish a story that defames. If it would be proved that the information on the publication is not true, then the publisher will be guilty of defamation. Defamation always takes place as a result of gossip or speculations. When this takes place, the victim usually experiences hatred, shame, disgrace, contempt or ridicule. In some cases, the victim can even experience all the mentioned outcomes. Victims of defamation; however
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