During the lecture for Media Law and Ethics we looked at the legislation and ethics regarding intellectual property and copyright in Australia.
The Media, Entertainment and Arts Alliance (MEAA) defines plagiarism as follows:
Plagiarism offends the values of honesty, fairness, independence and respect for the rights of others. It can occur in many ways, including (but not limited to): when secondary sources are relied on too heavily; when material from wire services is fused with the work of staff reporters; because of the ease with which words can be 'cut' and 'pasted' by computer; and when the words of a public relations copywriter are reproduced from a press release verbatim without attribution to the source.
- MEAA's Ethics Review Committee (1996)
It's important when discussing copyright and intellectual property to consider both the legal and ethical ramifications.
In Australia, legally, a person does not own an idea but the product of an idea. That is to say that even if you were to think of something, if you do not create anything from that idea then you cannot sue somebody else for stealing your idea. However, if you actually create something from an idea then it is automatically covered by copyright, even if you do not explicitly state that it is copyrighted, and remains copyrighted for 70 years after your death. In saying that, it is necessary to use moral judgement when creating content. I am not trying to justify stealing another person's ideas, creating something then going "Well, that's just too bad for you because I made something first so I am legally in the clear" because that is morally wrong. Just because you can do something and legally get away with it, that doesn't mean that you should. As stated by the MEAA, it is a matter of respect for the rights of others, if you steal other people's ideas then you are disrespecting them. Now, morality regarding intellectual property is complicated because sometimes the line is blurry about who had an idea first but that certainly does not justify removing the line altogether.
Technological advancements such as the internet have made plagiarism even more prevalent because of the overwhelming amount of content created daily and the ease with which it is possible to access that content. The thing is, because the internet is a public domain, there are problems with the concept of implied permission and express permission. Implied permission is fairly straightforward in concept, a person assumes that content is free to be used either because of how it is published or being "printer friendly" or free to "share". As a result, content is sometimes used without attribution and the argument that many people use to counter claims of plagiarism is "well, I thought that it was free to use because it didn't say that it wasn't." That does not make it okay. It is always safer to attribute credit for any work that is not your own rather than just claiming it as your own work or not crediting anybody. Express permission is when a person states that their content can be used as long as credit is attributed to them. There is no grey area as far as express permission is concerned.
Tuesday, 30 April 2013
Wednesday, 24 April 2013
Defamation
Defamation is one of the biggest risks to journalists working today.
Defamation is described as the wrongful harming or damaging of a person's reputation. Defamation suits allow for people to protect their "good name".
Three things are needed to prove an accusation of defamation:
1) Publication - make something known to another person or making it available to be known to another person.
2) Identification - people claiming to have been defamed need to prove that they can be identified in association with the defamatory statement. This does not just mean publishing a name. Defamatory identification can come from addresses, occupation, physical description, etc.
3) Defamatory material - defamatory material is anything that: holds a person to ridicule, could damage a reputation, could cause other people to think less of the subject of the defamatory material, or cause others to shun or avoid an individual as a result of defamatory material.
The Artemus Jones case is worth referring to when looking at defamation, as an example of unintentional defamation. Artemus Jones, a barrister, successfully sued a London newspaper after they published a fictitious article about a philandering, "party boy" lawyer by the name of "Artemus Jones". The article was not about the actual person Artemus Jones, but he was able to prove that other people believed the article to be about him and that had resulted in his name being defamed.
Large groups and organisations, to a point, cannot sue for defamation. They can, however, sue for things like negligent misstatement, injurious falsehood, breach of confidence, etc. Non-profit organisations, individuals associated with larger companies, and companies with fewer than ten employees can sue for defamation.
Tasmania is the only state in Australia that a deceased individual can sue or be sued for defamation. That being said, it is still possible to defame a living person by associating them with a deceased individual with the questionable behaviour of a deceased person.
Defamatory material can be produced in a number of ways including: written, spoken and broadcasted but also mime, street theatre, painting and cartooning.
The internet has also complicated defamation as it blurs the lines of jurisdictions and different jurisdictions have different defamation laws. Refer to the Gutnick case for more information.
A journalist has five major defences to accusations of defamation: truth, fair report, qualified privilege, political qualified privilege and honest opinion/fair comment.
Defamation is described as the wrongful harming or damaging of a person's reputation. Defamation suits allow for people to protect their "good name".
Three things are needed to prove an accusation of defamation:
1) Publication - make something known to another person or making it available to be known to another person.
2) Identification - people claiming to have been defamed need to prove that they can be identified in association with the defamatory statement. This does not just mean publishing a name. Defamatory identification can come from addresses, occupation, physical description, etc.
3) Defamatory material - defamatory material is anything that: holds a person to ridicule, could damage a reputation, could cause other people to think less of the subject of the defamatory material, or cause others to shun or avoid an individual as a result of defamatory material.
The Artemus Jones case is worth referring to when looking at defamation, as an example of unintentional defamation. Artemus Jones, a barrister, successfully sued a London newspaper after they published a fictitious article about a philandering, "party boy" lawyer by the name of "Artemus Jones". The article was not about the actual person Artemus Jones, but he was able to prove that other people believed the article to be about him and that had resulted in his name being defamed.
Large groups and organisations, to a point, cannot sue for defamation. They can, however, sue for things like negligent misstatement, injurious falsehood, breach of confidence, etc. Non-profit organisations, individuals associated with larger companies, and companies with fewer than ten employees can sue for defamation.
Tasmania is the only state in Australia that a deceased individual can sue or be sued for defamation. That being said, it is still possible to defame a living person by associating them with a deceased individual with the questionable behaviour of a deceased person.
Defamatory material can be produced in a number of ways including: written, spoken and broadcasted but also mime, street theatre, painting and cartooning.
The internet has also complicated defamation as it blurs the lines of jurisdictions and different jurisdictions have different defamation laws. Refer to the Gutnick case for more information.
A journalist has five major defences to accusations of defamation: truth, fair report, qualified privilege, political qualified privilege and honest opinion/fair comment.
Thursday, 11 April 2013
5 Post-Breakup Cliches That Don't Actually Help Anybody
Breaking up with somebody sucks - there's no two ways about it. Firstly, there's a lot of emotional fallout to deal with in the wake of the sudden loss of an important figure in your life. But that isn't all - one of the absolute worst things about a breakup is talking to your friends about it later on.
The problem is more than just admitting that the relationship is actually over and it's more than the feeling of being smacked in face by reality when you tell your friends - it's in how they react to the news and what they say in an attempt to comfort you.
Cue the post-breakup clichés.
Usually your friends will be genuinely concerned and try to make you feel better, but there are a lot of things that you don't want to hear immediately after you've broken up with somebody that you care about.
Obviously, I understand that everybody deals with breakups differently - some people may find these phrases very comforting and helpful - so the following list doesn't necessarily apply to everyone. But for me, telling me any of these woefully misguided sentiments is completely unhelpful, makes the breakup a lot harder to deal with and will lead to me being much less inclined to want to talk to you about what I'm going through.
So, as somebody that has just recently gone through a break up, I'm going to do you a favour and lay out some of the things that you're saying that aren't actually helping that friend of yours who just broke up with their significant other.
5. "Time heals all wounds"
... Are you kidding me with this? No? Okay.
The number of people that I've heard use this phrase, or some variation of it, is absolutely incredible. I understand what you're trying to say. You're trying to say "I know that this hurts right now but at some point down the line you're going to be okay because this isn't the end of the world." The thing is though, that isn't really how it's going to sound to your friend while they're upset. To them it's going to sound like this: "I don't care enough to talk to you about what you're going through. I am dismissing your pain. Let's move along."
Also, if you think that four words or less has adequately covered your role as a friend then shame on you.
4. "That's such a shame, you were so good together!"
If you don't see what the problem is with this then there's probably no helping you.
Telling your friend that they were "so good" with the person that they just broke up with is not helping them at all. Why on earth would you think that this would be helpful? They don't need to be reminded of how good things were before; they're probably doing enough of that on their own. And if they're the one who broke things off, for whatever reason, saying this will make them second guess their decision, even if it was the right thing for them to do.
3. "There are plenty of fish in the sea"
You know what? You're right, there are plenty of other fish in the sea. That isn't the problem. The problem is that the fish that your friend was just attached to is no longer there and they are still upset about that specific one. Chances are that your friend most likely isn't interested in "going fishing" at the moment.
2. "Just think of all the things that you can do now that you're single!"
If you've been in a relationship for a long time then that person ends up becoming a really significant part of your life, breaking up changes that. You need time to adjust to that change.
When your friend says that they feel like a piece of them is missing, it's only partly melodrama. The fact is, something that was previously there is now completely gone and it takes time to come to terms with that. Reminding somebody that they're single and can do a whole bunch of new things will also remind them of all the things that are different for them now and all the changes that they are going to have to make in their life to compensate for that.
1. "So, are you still friends? You should really stay friends."
Depending on how the relationship ended, they might still be friends or maybe they can get there again, but they're probably going to need a bit of time before that's even a possibility.
It's easy for mutual friends to forget that relationships are significantly more intense than friendship and, even with the tidiest of breakups, there will always be strong emotions to deal with for at least one party. The amount of time needed to deal with those emotions varies from person to person and they're going to need you to be patient while they adjust to being "just friends" with somebody that they used to date.
Don't be a jerk and try to pressure your friend into "moving on" or "getting over it" because it won't help them cope and it is incredibly unfair of you to ask that of your friend just because you want things to go back to the way you want them.
Bonus: "Everything happens for a reason."
No. Just stop, okay?
The problem is more than just admitting that the relationship is actually over and it's more than the feeling of being smacked in face by reality when you tell your friends - it's in how they react to the news and what they say in an attempt to comfort you.
Cue the post-breakup clichés.
Usually your friends will be genuinely concerned and try to make you feel better, but there are a lot of things that you don't want to hear immediately after you've broken up with somebody that you care about.
Obviously, I understand that everybody deals with breakups differently - some people may find these phrases very comforting and helpful - so the following list doesn't necessarily apply to everyone. But for me, telling me any of these woefully misguided sentiments is completely unhelpful, makes the breakup a lot harder to deal with and will lead to me being much less inclined to want to talk to you about what I'm going through.
So, as somebody that has just recently gone through a break up, I'm going to do you a favour and lay out some of the things that you're saying that aren't actually helping that friend of yours who just broke up with their significant other.
5. "Time heals all wounds"
... Are you kidding me with this? No? Okay.
The number of people that I've heard use this phrase, or some variation of it, is absolutely incredible. I understand what you're trying to say. You're trying to say "I know that this hurts right now but at some point down the line you're going to be okay because this isn't the end of the world." The thing is though, that isn't really how it's going to sound to your friend while they're upset. To them it's going to sound like this: "I don't care enough to talk to you about what you're going through. I am dismissing your pain. Let's move along."
Also, if you think that four words or less has adequately covered your role as a friend then shame on you.
4. "That's such a shame, you were so good together!"
If you don't see what the problem is with this then there's probably no helping you.
Telling your friend that they were "so good" with the person that they just broke up with is not helping them at all. Why on earth would you think that this would be helpful? They don't need to be reminded of how good things were before; they're probably doing enough of that on their own. And if they're the one who broke things off, for whatever reason, saying this will make them second guess their decision, even if it was the right thing for them to do.
3. "There are plenty of fish in the sea"
You know what? You're right, there are plenty of other fish in the sea. That isn't the problem. The problem is that the fish that your friend was just attached to is no longer there and they are still upset about that specific one. Chances are that your friend most likely isn't interested in "going fishing" at the moment.
2. "Just think of all the things that you can do now that you're single!"
If you've been in a relationship for a long time then that person ends up becoming a really significant part of your life, breaking up changes that. You need time to adjust to that change.
When your friend says that they feel like a piece of them is missing, it's only partly melodrama. The fact is, something that was previously there is now completely gone and it takes time to come to terms with that. Reminding somebody that they're single and can do a whole bunch of new things will also remind them of all the things that are different for them now and all the changes that they are going to have to make in their life to compensate for that.
1. "So, are you still friends? You should really stay friends."
Depending on how the relationship ended, they might still be friends or maybe they can get there again, but they're probably going to need a bit of time before that's even a possibility.
It's easy for mutual friends to forget that relationships are significantly more intense than friendship and, even with the tidiest of breakups, there will always be strong emotions to deal with for at least one party. The amount of time needed to deal with those emotions varies from person to person and they're going to need you to be patient while they adjust to being "just friends" with somebody that they used to date.
Don't be a jerk and try to pressure your friend into "moving on" or "getting over it" because it won't help them cope and it is incredibly unfair of you to ask that of your friend just because you want things to go back to the way you want them.
Bonus: "Everything happens for a reason."
No. Just stop, okay?
Overall, I think the best piece of information that I can impart is this: if you have a friend who has recently broken up with somebody, the appropriate response is "I'm sorry to hear that. If you want to talk about it then I'm here for you" then actually listen to them. Don't throw a whole bunch of clichés at them in the hopes that one of them will stick. It's really not that hard to listen to your friend is saying, and should stop your friend from wanting to strangle you for being incredibly insensitive.
Friday, 5 April 2013
A Short Guide to Preventing Your Pizza Delivery Person From Hating You
You know what I love? Pizza. You know what I hate? Having to get dressed to go and get pizza. Fortunately for me (and for you too, if you're anything like me), most pizza places will deliver right to your front door and that is just fantastic.
Here's the fun thing: I also know what it's like to be on the other side of the looking glass delivering the pizzas! And here's the super fun thing: there are a number of things that you can do as a customer that will make your local delivery driver want to punch you in the neck. In a fun way! But you are in luck! I can tell you exactly what you're doing and how to avoid it so that the smile your delivery driver gives you is no longer forced.
3. Please don't make money matters more complicated than they need to be
We understand that you don't necessarily have the exact money on you all the time and that is fine. You know what isn't fine? When you pay an eighty dollar bill entirely in twenty cent pieces. Your delivery driver might smile at you and make some jokes but inside they are thinking of throwing all of those coins at you. Even worse is when the coins that you're paying with are completely unorganised. Do not empty a big pile of coins into your pizza person's hand and expect that they will then leave. That pizza person has to count all of that to make sure that it's all there because if their float is short at the end of the night, they have to pay for it. Also, if you decide that you want to split your bill then that is fine... Just don't take it out on your pizza person. Do not try to pay for a fifty dollar bill using a twenty dollar note and two fifty dollar notes and then expect to get separate change for it. Your delivery person probably only has about forty dollars worth of change on them and you're making things much, much more difficult than they need to be.
So:
- Do not pay your pizza person all in coins because they will hate you.
- Do not stare at them angrily or try to dismiss them while they're counting the huge pile of coins that you just dumped into their hand because they will hate you.
- Do not try to split your bill in an irritating and needlessly complicated way because they will hate you.
Bonus points: Do not ask if you can pay using your card when the delivery person very obviously does not have an Eftpos machine or any other means of accepting your card. Come on. Your delivery person is not an ATM.
2. Please pay attention to when your pizza is arriving
I cannot count the number of times that I have arrived at a customer's house and knocked on their door and not had them come to the door. Then tried again. Then called them. Repeat process.
Seriously, if you are the type of person who thinks "I've ordered a pizza so I guess that right now is the perfect time to go and do something on the far side of my house with my phone turned off" - your pizza person probably hates you. Your pizza person is not going to hang around your house waiting for you to notice them there. They will try to contact you as best as they can but then they will leave and go back to their shop. If that ends up happening, do not call the shop and abuse the people working there because your pizza is late. No. Your pizza was on time and the driver tried to contact you but they couldn't get through to you so they left.
1. Please don't keep talking for a really long time after your pizza has been delivered
A lot of the deliveries that I have done have been to people who are having a party and that is lovely, but I just don't have time to hold an extended conversation with you after I've dropped your pizza off. I love talking to customers, I really do, but I'm always busy and there is usually another delivery waiting for me back at the shop. So, if I've delivered your pizza and said "alright, you have a good night" then turned away to leave, please do not try to keep talking to me because I will have to awkwardly end the conversation and get back to work.
Side note: Do not invite your pizza person to your party because it makes them feel uncomfortable. It's a really nice gesture but we both know that it isn't a sincere offer and somehow it'd be even more awkward if it were. Just don't do it. Please. Don't make things weird for everyone.
Here's the fun thing: I also know what it's like to be on the other side of the looking glass delivering the pizzas! And here's the super fun thing: there are a number of things that you can do as a customer that will make your local delivery driver want to punch you in the neck. In a fun way! But you are in luck! I can tell you exactly what you're doing and how to avoid it so that the smile your delivery driver gives you is no longer forced.
3. Please don't make money matters more complicated than they need to be
We understand that you don't necessarily have the exact money on you all the time and that is fine. You know what isn't fine? When you pay an eighty dollar bill entirely in twenty cent pieces. Your delivery driver might smile at you and make some jokes but inside they are thinking of throwing all of those coins at you. Even worse is when the coins that you're paying with are completely unorganised. Do not empty a big pile of coins into your pizza person's hand and expect that they will then leave. That pizza person has to count all of that to make sure that it's all there because if their float is short at the end of the night, they have to pay for it. Also, if you decide that you want to split your bill then that is fine... Just don't take it out on your pizza person. Do not try to pay for a fifty dollar bill using a twenty dollar note and two fifty dollar notes and then expect to get separate change for it. Your delivery person probably only has about forty dollars worth of change on them and you're making things much, much more difficult than they need to be.
So:
- Do not pay your pizza person all in coins because they will hate you.
- Do not stare at them angrily or try to dismiss them while they're counting the huge pile of coins that you just dumped into their hand because they will hate you.
- Do not try to split your bill in an irritating and needlessly complicated way because they will hate you.
Bonus points: Do not ask if you can pay using your card when the delivery person very obviously does not have an Eftpos machine or any other means of accepting your card. Come on. Your delivery person is not an ATM.
2. Please pay attention to when your pizza is arriving
I cannot count the number of times that I have arrived at a customer's house and knocked on their door and not had them come to the door. Then tried again. Then called them. Repeat process.
Seriously, if you are the type of person who thinks "I've ordered a pizza so I guess that right now is the perfect time to go and do something on the far side of my house with my phone turned off" - your pizza person probably hates you. Your pizza person is not going to hang around your house waiting for you to notice them there. They will try to contact you as best as they can but then they will leave and go back to their shop. If that ends up happening, do not call the shop and abuse the people working there because your pizza is late. No. Your pizza was on time and the driver tried to contact you but they couldn't get through to you so they left.
1. Please don't keep talking for a really long time after your pizza has been delivered
A lot of the deliveries that I have done have been to people who are having a party and that is lovely, but I just don't have time to hold an extended conversation with you after I've dropped your pizza off. I love talking to customers, I really do, but I'm always busy and there is usually another delivery waiting for me back at the shop. So, if I've delivered your pizza and said "alright, you have a good night" then turned away to leave, please do not try to keep talking to me because I will have to awkwardly end the conversation and get back to work.
Side note: Do not invite your pizza person to your party because it makes them feel uncomfortable. It's a really nice gesture but we both know that it isn't a sincere offer and somehow it'd be even more awkward if it were. Just don't do it. Please. Don't make things weird for everyone.
Mental Health Australia
Are you worried about somebody in your life and you don't know how to help them? Is it you? There is help available, you just have to know where to look for it.
Many organisations exist within Australia to assist those struggling with mental illness. BeyondBlue and Headspace are a couple of those organisations. These organisations aim to remove the stigma of mental illness within the wider community and provide support to those affected by mental illness.
With around the clock support available and a wide range of resources and help centres across the country, these organisations are an integral part of keeping Australians happy and healthy.
If you, or someone you know, require emergency help at any time, day or night, please call one of the following numbers:
BeyondBlue Helpline - 1300 22 4636
Lifeline Crisis Helpline - 13 11 14
Kids Helpline - 1800 55 1800
Many organisations exist within Australia to assist those struggling with mental illness. BeyondBlue and Headspace are a couple of those organisations. These organisations aim to remove the stigma of mental illness within the wider community and provide support to those affected by mental illness.
With around the clock support available and a wide range of resources and help centres across the country, these organisations are an integral part of keeping Australians happy and healthy.
If you, or someone you know, require emergency help at any time, day or night, please call one of the following numbers:
BeyondBlue Helpline - 1300 22 4636
Lifeline Crisis Helpline - 13 11 14
Kids Helpline - 1800 55 1800
Writing Outside of the Inverted Pyramid Structure
Your standard, run-of-the-mill, journalistic article is usually written in the inverted pyramid style (as I've addressed before). This is usually for newspapers and the like and it makes it easier for editors and sub-editors to fit articles into specific spaces and cut unnecessary sentences. By having the least important information at the bottom, the editing team can simply cut that sentence to fit into the allotted space.
However, some articles are not written in the inverted pyramid style and this makes it much trickier for the editing team. Articles written in the inverted pyramid style have a tendency to just state facts then just sort of stop. Completely. Articles that aren't written in the inverted pyramid style are, more often than not, feature articles and that means that the editing team has to read the whole article to see what they are able to cut down. The great thing about feature articles is that they tend to be very descriptive and in-depth and have a clear beginning, middle and end. Unfortunately for the editors, this means that the ending is usually very closely linked to the beginning of the article and cutting it usually isn't an option.
I rather enjoy writing feature articles and for an example of a story that I have written outside of the inverted pyramid style, please refer to the Soundwave review that I wrote last month.
However, some articles are not written in the inverted pyramid style and this makes it much trickier for the editing team. Articles written in the inverted pyramid style have a tendency to just state facts then just sort of stop. Completely. Articles that aren't written in the inverted pyramid style are, more often than not, feature articles and that means that the editing team has to read the whole article to see what they are able to cut down. The great thing about feature articles is that they tend to be very descriptive and in-depth and have a clear beginning, middle and end. Unfortunately for the editors, this means that the ending is usually very closely linked to the beginning of the article and cutting it usually isn't an option.
I rather enjoy writing feature articles and for an example of a story that I have written outside of the inverted pyramid style, please refer to the Soundwave review that I wrote last month.
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