Tuesday 29 January 2013

Legislation

Copyright: The legislation that governs copyright is the Copyright, Designs and Patents Act 1988. Information about this can be found at http://www.ictl.org.uk/U5O3CG/page_12.htm. Copyright has an impact of design because everything designers use in their artwork may breach copyright, whether it be a logo or the shape of a sink. You have to be extremely careful when using imagery in particular because the image had to be taken by someone so you can't take their work and claim ownership of it; if they found out they could sue you/ your employer for using it. To avoid the majority of the copyright infringements stock sites are set up so you can buy professional, generic images safely and legally, a few of them include: iStock, Shutterstock and Getty Images. The images are usually reasonably priced, and if caught using someone else's image it'll be a lot cheaper for the foreseeable future.


Moral Rights: The legislation that governs moral rights is apart of the 'Copyright, Designs and Patents Act 1988'. Information about this can be found at: http://www.copyright.com.au/assets/documents/about-copyright/What%20are%20moral%20rights.pdf and http://www.ipo.gov.uk/types/copy/c-otherprotect/c-moralrights.htm. An example of moral rights would be using a web template and removing the designers name because it takes away the designers ownership so they don't get credited for their own work. The designer would want to be identified as the creator instead of someone taking responsibility from it. The designer is entitled to be the recognised author of the product, artwork, film, etc. Another thing moral rights protects is derogatory treatment  towards the work or film otherwise it could be considered prejudicial towards the author. 

Ethical Considerations: The legislation that governs ethical considerations is the Ethical Standards in Public Life etc. Act 2000. information can be found at: http://designproacademy.org/code-of-professional-conduct.html#. This act means that designers must treat all customers equally and fairly, not dependent of their race, gender, disability, sexual orientation, etc. It also means that they're required to provide a consistent level of quality in their work and not take advantage of the customer and always deliver top work at the same level as other designers. This legislation also states that the designer cannot engage in anything which can be considered illegal including fraud and breaching copyright. also, the legislation identifies that the designer should not catalog a clients' work without their consent. 

Intellectual Property: The legislation that governs intellectual property is the Intellectual Property Protection Act of 2006. Information on this can be found at: http://www.ipo.gov.uk.  Intellectual property helps people find the right protection for their creation and/ or invention. It also gives people the right to own their own work. There are four types of IP (intellectual property), these include: patents, trademarks, copyright and designs. If a car manufacturer designs a new car, they would have to protect it against being copied by another company, the designer/ company would have to get to right protection in order to prevent it. This is where all four types of IP would work together, for example, they would use patent so they could protect the way they make the car move (how the wheels works, steering, gears, etc.), they would trademark it to prevent the words/ any type associated with it couldn't be used, they would copyright it so people couldn't steal the overall idea and they'd protect the designs, so no-one copy their logo, appearance of the car, etc. 

Sale of Goods: The legislation that governs sale of goods is the Sales of Goods Act 1979. Information on this can be found at: http://www.legislation.gov.uk/ukpga/1979/54. This act is to protect against people selling dodgy goods to others. This could affect design because if there was a product designer and he ordered some metals to create a prototype and the online product description said 'smooth, flexible metals that can withstand anything', and when the product designer received the metal a few days later and it's covered in shreds of metal and it snaps in his hands, it gives the designer the right to take it back and have some ground behind it. Without this people wouldn't be able to have their say and people could get away with selling faulty goods everywhere and no-one would trust what they bought online.

Employment: The legislation that governs employment is the Employment Act 2008. Information on the act can be found at: http://businesscasestudies.co.uk/business-theory/people/employment-legislation.html#axzz2JYCwIRs1. This act gives employees to have their own rights when in employment, it enables them to have time off for maternity/ paternity leave, get paid NMW (National Minimum Wage), not get sacked for silly reasons such as: gender, race, having a disability, etc. This act protects the employees against discrimination, being treated badly and being underpaid. Everything the act covers makes everything fair and determines that everyone is treated equally. This can affect designers because if they were about to have a baby and went on maternity leave their job would still be there for them when they were ready to go back to work, it gives them a sense of security instead of having to stress about becoming a parents and having to look for a new job.

Health & Safety: The legislation that governs health and safety is the Health and Safety at Work etc. Act 1974. Information on this can be found at: http://www.hse.gov.uk/legislation/hswa.htm. This act is to prevent work-related death, injury and ill health. It prevents people from working too many hours that they becomes over-tired and stressed. If a designer had to use a forklift in the warehouse and he wasn't trained and he crashed it and it ran him over, he would die, but with this act in place the designer can say he/she isn't trained to use it and therefore can refuse to do it, the employer cannot take any action on that because the designer is right. Designers are often required to deal with toner for printers which can be toxic if inhaled so the correct precautions have to be set: big aired room and don't inhale the toner.