Chapter 2
Understanding Ethical
and Legal
Considerations
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The study of the principles of conduct that
apply to an individual or a group.
Gut feelings
 Golden rule
 Code of conduct
 Law
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Rights:
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Justice:
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How the costs and benefits of an action or a policy
can be distributed fairly among a group.
Utility:
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Individuals' basic needs and welfare.
The positive and negative effects that an action or a
policy has on the public.
Care:
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The relationships we have with other individuals.
No rules exist to determine when one standard outweighs another
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Copyright law
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Trademark law
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To ensure that the public recognizes the name or
logo of a product
Contract law
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Only the author/owner has the right to copy
Agreements between two or more parties
Liability law
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“a lawsuit for personal injury, death, property
damage, or financial loss”
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The purpose and character of the use,
especially whether the use is for profit
The nature and purpose of the copyrighted
work (e.g., medical information)
The amount and substantiality of the portion
of the work used
The effect of the use on the potential market
for the copyrighted work
Fair use does not apply to graphics
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Abide by the fair-use concept.
Seek permission.
Cite your sources accurately.
Discuss authorship questions openly.
Consult legal counsel if you have questions.
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Trademark. A word, phrase, name, or symbol
that is identified with a company.
 TM
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Registered trademark. A word, phrase, name,
or symbol that the company has registered
with the U.S. Patent and Trademark Office.
®
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Distinguish trademarks from other material.
Use a trademark symbol (TM or ®).
Use on first occurrence
 Supplement with footnote
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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.
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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.
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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.
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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.
The National Association for Information
Destruction (NAID)
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It protects the interest of the public rather
than the interests of the members of the
organization or profession.
It is specific and comprehensive.
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Avoids generalities (e.g., don’t steal)
It is enforceable.
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Specifies penalties
Texas Instruments Ethics “Quick Test”
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Whistleblowing: The practice of going public with
information about serious unethical conduct within an
organization
Useful
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May negatively impact the whistleblower
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if you have evidence a problem is hurting or will hurt other
parties
if the whistleblowing will prevent the wrongdoing
only when all other internal mechanisms have been exhausted
Negative performance appraisals
Transfers to undesirable locations
Isolation within the organization
Some legal protections (Sarbanes-Oxley Act)
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Abide by relevant laws.
Abide by the appropriate corporate or professional code of
conduct.
Tell the truth.
Don't mislead your readers.
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Be clear (ipso facto, don’t make it overly complicated
unnecessarily).
Avoid discriminatory language
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False implications
Exaggerations
Legalistic constructions (even if technically correct)
Euphemisms (offered an alternative career opportunity)
even in personal communication).
Acknowledge assistance from others.
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Do not plagiarize.
Honor the laws regarding trademarks.
Live up to the express and implied warranties
on your company's products.
Abide by all laws governing product liability.
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They have to make their communications
understandable and clear for their target
audiences.
They are ethically obligated not to reinforce
patterns of discrimination in product
information.
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E.g., workplace photos without women
They are not obligated to challenge the
prevailing prejudice directly.
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E.g., don’t have to show women dressed nontraditionally, but may do so if that’s their image
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Scandinavian vacuum manufacturer Electrolux used the following in an
American ad campaign: "Nothing sucks like an Electrolux."
The name Coca-Cola in China was first rendered as Ke-kou-ke-la. The phrase
means “bite the wax tadpole”. Coke then researched 40,000 Chinese characters
and found, "ko-kou-ko-le," which can be loosely translated as "happiness in the
mouth."
In Taiwan, the translation of "Come alive with the Pepsi Generation" came out
as "Pepsi will bring your ancestors back from the dead."
In Chinese, the KFC slogan "finger-lickin' good" meant "eat your fingers off.“
When General Motors introduced the Chevy Nova in South America, it was
apparently unaware that "no va" means "it won't go." After the company
figured out why it wasn't selling any cars, it renamed the car in its Spanish
markets to the Caribe.
Ford had a similar problem in Brazil when the Pinto flopped. The company
found out that Pinto was Brazilian slang for "tiny male genitals". Ford pried all
the nameplates off and substituted Corcel, which means horse.
When Parker Pen marketed a ballpoint pen in Mexico, its ads were supposed to
say "It won't leak in your pocket and embarrass you." However, the company's
mistakenly thought the spanish word "embarazar" meant embarrass. Instead
the ads said that "It wont leak in your pocket and make you pregnant."
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An American T-shirt maker in Miami printed shirts for the Spanish market which promoted the
Pope's visit. Instead of "I Saw the Pope" in Spanish, the shirts proclaimed "I Saw the Potato.“
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Frank Perdue's slogan, "It takes a tough man to make a tender chicken," got terribly mangled in
another Spanish translation. A photo of Perdue with one of his birds appeared on billboards all
over Mexico with a caption that explained "It takes a hard man to make a chicken aroused."
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Hunt-Wesson introduced its Big John products in French Canada as Gros Jos before finding out
that the phrase, in slang, means "big breasts." It did not have a noticeable effect on sales.
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Colgate introduced a toothpaste in France called Cue, the name of a notorious porno mag.
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In Italy, a campaign for Schweppes Tonic Water was translated into Schweppes Toilet Water.
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Japan's second-largest tourist agency was mystified when it entered English-speaking markets
and began receiving requests for unusual sex tours. Upon finding out why, the owners of Kinki
Nippon Tourist Company changed its name.
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Clairol introduced the "Mist Stick," a curling iron, into German only to find out that "mist" is
slang for manure. Not too many people had use for the "manure stick".
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When Gerber started selling baby food in Africa, they used the same packaging as in the US, with
the beautiful baby on the label. Later they learned that in Africa, companies routinely put pictures
on the label of what's inside, since most people can't read English.
“Borrowed” from http://www.frontiernet.net/~tzuleger/webjokes/work/translations.shtml
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Prescribes and restricts the ways in which people interact with each
other, based on respect and customs
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Greeting relatives, friends and acquaintances with warmth and respect
Refraining from insults and prying curiosity
Offering hospitality to guests
Wearing clothing suited to the occasion
Contributing to conversations without dominating them
Offering assistance to those in need
Eating neatly and quietly
Avoiding disturbing others with unnecessary noise
Following established rules of an organization
Arriving promptly when expected
Comforting the bereaved
Responding to invitations promptly
Accepting gifts or favors with humility and to acknowledge them promptly
Courtesy of the Wikipedia
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