Copyright has existed for over 200 years and the 1911 Copyright Act prevents another individual directly copying already published work and claiming that it is their own. This is a Civil Law and one that is important for Journalists to not only follow themselves but in many ways is a law they should also be grateful of.
However, there is a catch. Although, produced or published work cannot be directly copied; ideas can never be copyrighted meaning that so long as the idea is not made into formal work, absolutely anyone can use your idea(s) and make it their own. As annoying this may seem, it can work as an advantage for Journalists as inspiration for news and information can be gained from others.
Any information found on the internet, in published books or in other form of published work must not be copied directly as this is a breach of the 1911 Copyright Act.
There are some occasions when 'Fair Dealing' is permitted. This essentially involves you identically copying someone's work, e.g song lyrics etc but for the purpose to review. When adding comments or producing a review for someone, this is the only instance when you are allowed to copy another individual's work exactly.
Investigative Journalism was the topic that was discussed in today's Media Law lecture and one I found of interest. The definition for 'Journalism' is essentially a business in which we as Journalists sell information to the general public. Investigative Journalism differs as the Journalists find the information to report themselves. 'Subtifuge' is a key concept in Investigative Journalism and refers to the 'camera in a bag job'. This is a technique that can be used by Journalists to gain information without the individual it is involving being aware that they are under observation. There are however, three main rules that Journalists must obey in order for Subtifuge to go ahead. 1. The story must be completely free from malice, 2. the Journalist must have permission from OFCOM or the BBC and 3. It must be the only way that the necessary information could be obtained.
'Trawling' is not permitted. This would involve the act of having a hidden camera or tape recorder in a public place without a specific reason in hope of randomly finding a news story.
When Subtifuge is performed accurately, it can be very successful as proved in past cases.
'The Secret Policeman' was aired on Channel 4 as a documentary and showed Mark Daly, a Journalist for the BBC working undercover as a policeman in Manchester to investigate whether there were corrupt officers in the force. Below is the link to watch the documentary shown on Google Videos.
http://video.google.co.uk/videoplay?docid=-5551329695583587541#
His work resulted in several policeman being removed from the force and proved a triumph for Journalists.
'The Evidence Gap'was an issue that was also discussed at the lecture. There are two types, the first occurs within a criminal case in which in order to convict an individual the jury must unanimously believe they are guilty 'beyond any reasonable doubt'. This of course cannot be proved exactly, there will always be an element in doubt within any court case. This links back to HCJ and philosopher, Decartes. 'I think therefore I am.'
Decartes is famous for his Cartesian Doubt theory in which it is possible to doubt everything you think you know, except your own mind. This means that it is not really possible to ever convict an individual 'beyond reasonable doubt'. The second type of 'Evidence Gap' is found within Civil Law cases in which there is a lack of evidence and instead a reliance on probability/likelihood. For example, if a Journalist is involved within a libel case so long as they have caused the person within the story to be potentially shunned or avoided, or potentially at risk to losing their job, this is enough evidence for the Journalist to lose in that particular case.
I found this lecture very interesting and made me aware of the different techniques that can be used within Journalism. As ever, I am looking keen to learn more.
For now, watch this space.
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