Professional Issues In Multimedia Development.

1. CHAPTER TWELVE
PROFESSIONAL ISSUES
IN MULTIMEDIA
DEVELOPMENT

2. CHAPTER HIGHLIGHTS
• Definition and characteristics of a profession.
• Elements of a professional code of ethics.
• Copyright:
– Definition
– Rights
– Remedies.
– Challenges created by the digital revolution.
• Digital Rights Management
– Challenges and opportunities.
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3. CHARACTERISTICS OF A
PROFESSION
• An occupation that requires specialized
training or education.
– Preparation often involves an accredited program
of study.
– Continuing education is important to remain
proficient in the field.
• Professional associations formulate codes of
ethics for their members.
– Professionals have obligations to individuals they
serve and society at large.
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4. CHARACTERISTICS OF A
PROFESSION
• Professional associations have active role in
promoting and enforcing obligations of the
members.
• Professions are autonomous and self
regulating.
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5. MULTIMEDIA DEVELOPMENT
• Shares defining properties of a profession.
– Requires specialized knowledge and continuing
education in latest techniques.
– Members of the team often belong to professional
organizations.
– Educational standards are developing in college
and university programs as the field matures.
– The work of a developer may have significant
social consequences.
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6. PROFESSIONAL RESPONSIBILITY
• Code of ethics is a statement of obligations
and standards that define a practitioner's
professional responsibilities.
• No direct code of ethics for multimedia
developers yet, but the Software Engineering
Code of Ethics and Professional Practice
directly relates to the work of a multimedia
programmer and offers guidance to other
members of the team.
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7. SOFTWARE ENGINEERING
CODE OF ETHICS
• Organized as eight principles with a set of specific
obligations.
– Specific obligations identify course of action to fulfill
the principle's major obligation.
• Principles suggest obligations in several different
areas:
– Society at large
– Laws that govern practice
– Clients and employers
– Colleagues and subordinates
– Profession itself.
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8. GENERAL PRINCIPLES
ACM/IEEE CODE OF ETHICS
• The "Public" Principle:
"Software engineers shall act consistently with the public
interest."
• The "Client and Employer" Principle:
"Software engineers shall act in a manner that is in the best
interests of their client and employer, consistent with the
public interest."
• The "Product" Principle:
"Software engineers shall ensure that their products and
related modifications meet the highest professional
standards possible."
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9. GENERAL PRINCIPLES
ACM/IEEE CODE OF ETHICS
• The "Judgment" Principle:
"Software engineers shall maintain integrity and
independence in their professional judgment."
• The "Management" Principle:
"Software engineering managers and leaders shall subscribe
to and promote an ethical approach to the management of
software development and maintenance."
• The "Profession" Principle:
"Software engineers shall advance the integrity and
reputation of the profession consistent with the public
interest."
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10. GENERAL PRINCIPLES
ACM/IEEE CODE OF ETHICS
• The "Colleagues" Principle:
"Software engineers shall be fair to and supportive of their
colleagues."
• The "Self" Principle:
"Software engineers shall participate in lifelong learning
regarding the practice of their profession and shall
promote an ethical approach to the practice of the
profession."
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Complete ACM/IEEE Code is in the appendix section.

11. THE COPYRIGHT TRADITION
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– RIGHTS
– REMEDIES
– EXCEPTIONS

12. DEVELOPERS AND COPYRIGHT.
• Reasons multimedia developers need to
understand the copyright laws.
– They must guard against intentional or
unintentional violation of the rights of others.
– Developers must protect their own work.
– Developers must frame agreements with the
client to specify copyright ownership.
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Larry Lessig on Laws that Choke Creativity. TED 2007 talk

13. COPYRIGHT PROTECTION
• Copyright is a form of legal protection given to
creators of "original works of authorship."
– Purpose of copyright protection is cultural
advancement.
• Copyright differs from patent protection.
– Copyright applies to original or creative
expression.
– Patent protects original inventions.
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14. COPYRIGHT PROTECTION
• U.S. law protects any form of original
expression that is in fixed form.
– Work does not need to be registered.
– Notice of copyright protection is not necessary.
• "Works of original authorship" combined with
automatic coverage of works in fixed form
(including computer programs) means any content
created by another party is potentially
covered by copyright.
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15. COPYRIGHT PROTECTIONS
• Owner of a copyright has five major rights:
– To reproduce the copyrighted work.
– To produce derivative works.
– To distribute copies to the public.
– To perform the work publicly.
– To display the work publicly.
• Owner retains these rights unless specifically
transferred to another party.
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16. COPYRIGHT PROTECTIONS
• Protection is granted for set period of time.
– Works created after 1978 extend to life of creator
+ 70 yrs.
– Corporate rights extend 95 yrs. from date of
publication or 120 years from creation, whichever
comes first.
• Copyright registration is required if:
– Lawsuits are being filed for infringement.
– Statutory damages and attorneys' fees are
involved.
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17. COPYRIGHT REGISTRATION
• Registration:
– Provides evidence of copyright claim.
– Establishes basis for legal enforcement.
– Recommended in multimedia development.
• Infringement can lead to:
– Injunctions to prohibit further production and
distribution.
– Compensation for monetary damages.
– Statutory damages and criminal sanctions.
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Register copyright @ www.copyright.gov

18. COPYRIGHT EXCEPTIONS
• Public Domain
– Works for which copyright has expired.
– Works where it was never applied such as:
• Government documents
• Works not in fixed form.
• Fair Use
– A doctrine intended to advance important social
goals.
• Free and open press
• Education
• Research and scholarship.
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Conditions of Fair Use described in section 107 of U.S. Copyright Act.

19. FAIR USE CRITERIA
• Four criteria used to determine fair use:
– Purpose and character of the use.
– Nature of the copyrighted work.
– Amount and significance of the portion used.
– Effect of the use on the value of the work.
• Fair use is likely to be found for uses that:
– Are non-profit.
– Are factual rather than creative.
– Use small amounts of the work.
– Have little or no effect on the value or potential market of
the work.
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20. WORKS FOR HIRE
• Works that are produced under specific
direction of an employer and with the
employer's resources.
– Employer may own the copyright for works for
hire.
– Written agreements detailing copyright ownership
should be established by employer and employee.
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21. COPYRIGHT AND DIGITAL MEDIA
• Copyright law was developed in age of analog
media.
– Media was more difficult to copy and distribute in
analog form.
• Digital versions of media pose challenges to
traditional protections.
– Easy to copy in full fidelity.
– Editing tools easily generate derivative works that
are difficult to detect.
– Public display rights are threatened by Web
technologies.
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22. COPYRIGHT AND DIGITAL MEDIA
• Responses to preserving copyright and digital
media:
– Strengthen and improve enforcement of existing
legal protections.
– Develop new strategies within the digital media
itself to protect content.
• Digital Rights Management
–The application of digital technologies to the
management of intellectual property (IP).
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23. DIGITAL RIGHTS MANAGEMENT
• Applied to many forms of intellectual property
(IP) including:
– Patents
– Corporate reports and communications
– Creative works traditionally covered by copyright
(analog "legacy media")
– Original digital media.
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24. DIGITAL RIGHTS MANAGEMENT
• Contract law also protects creative works.
– Owners of creative works can sell a license to use
the product.
– End User License Agreements (EULAs) are popular
for software programs and in use with digital
books or "ebooks."
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25. USES OF DRM
• DRM has often focused on rights of content owners.
• Commonly used to control copying and accessing
digital content.
– Adobe "eBooks"
– Content Scrambling System (CSS)
– Audio CDs (Sony BMG)
– Music sold on the Web.
• Digital Millennium Copyright Act (DMCA) reinforced
DRM copy/access protections.
– DMCA also generated controversy.
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26. DIGITAL MILLENNIUM
COPYRIGHT ACT
• DMCA contains provisions that directly affect
the work of digital media professionals.
– Clarified permitted copying of digital media.
– Limited liability of ISPs for copyright infringements
by provider's users.
– Criminalized the circumvention of DRM controls.
– Outlawed the creation and distribution of any
technology, service, or device to circumvent the
controls.
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27. DIGITAL MILLENNIUM
COPYRIGHT ACT
• The DMCA has generated controversy:
– Potential abuse of copyright claims
– Limitations on fair use
– Discouragement of research
– Stifling of creative expression.
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28. Two Generations of DRM
• First Generation: a “prevent and protect”
strategy intended to limit access to, and use
of, digital media.
• Second Generation: a “respect and promote”
strategy to facilitate legal distribution and use
of digital media.
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29. Second Generation DRM
• Elements include (Iannella 2001; Van Tassel 2006):
• Rights description, validation, and record keeping
• Media access
• Trading
• Implementing/monitoring rights usage
• Tracking.
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30. DRM and Digital Watermarks
• Digital watermarks - alterations to a media file
that encode information about the file. For
instance:
– Copyright ownership
– Identity of creator
– Identity of purchasers of copyright.
• Used to enforce copyright but also may
support broader goals of “Second Generation”
DRM.
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31. Benefits of Second Generation DRM
• New compensation models for creators of
media (Magnatune)
• New methods of distribution (Weed)
• Less expensive, more efficient access to
copyright permissions
• More flexible permission and licensing
options.
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32. Promoting Second Generation DRM
• Creative Commons:
– Promotes sharing of creative works through web-
based licensing program.
• Six types of licenses
• Owners select terms of use they prefer.
– Goals:
• Share knowledge and creativity with the world
• Encourage creation of a common digital culture where
creative works are readily available for use by others.
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Learn more @: http://creativecommons.org/

33. Promoting Second Generation DRM
• Open Source Initiative:
– A standards body to promote development,
distribution, and maintenance of open source
software.
– Three key features:
• Free redistribution of software.
• Access to the source code for modification.
• Ability to create derivative works ,i.e. develop other
software based on the original source code.
– Open Source applications are free to download and
use.
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See www.opensource.org

34. The Age of Collaborative Creativity
• New thinking on creativity from users and
consumers.
– TED 2005 talk by Charles Leadbeater. The Era of
Open Innovation.
– TED 2005 talk by Howare Rheingold.
The New power of Collaboration.
• Steal this Film: movie on decentralization of
media production. Can be found on YouTube.
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35. WRAP UP
• Professions and Professional responsibility.
• Codes of Ethics and multimedia developers.
• Protecting intellectual property with:
– Copyright law.
– Patents.
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36. WRAP UP
• Exceptions to Copyright Protection
– Public Domain
– Fair Use
– Works for Hire.
• Challenges to copyright protection from digital
media.
– Digital Millennium Copyright Act (DMCA)
• Digital Rights Management
– Challenges
– Opportunities.
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37. KEY TERM CHECK UP
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