Difference between revisions of "Writing for Business Success/Effective business writing/Legal implications 1"

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(Adding text and reference re trademarks)
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Because laws and perceptions of ethical behaviour vary between countries and cultures, we strongly encourage you to research the laws and ethics that apply to business communications in the country or region where you are planning to do business.  With the expansion of global and e-business enterprises, it is critical to develop knowledge and skills to communicate effectively across cultural borders.
 
Because laws and perceptions of ethical behaviour vary between countries and cultures, we strongly encourage you to research the laws and ethics that apply to business communications in the country or region where you are planning to do business.  With the expansion of global and e-business enterprises, it is critical to develop knowledge and skills to communicate effectively across cultural borders.
 
        
 
        
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On this page, we highlight three aspects of law which are widely relevant to business communications, with some examples from different countries. However, note that there are many other aspects of the law which can be relevant to business communication.
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On this page, we highlight a few aspects of law which are widely relevant to business communications, with some examples from different countries. However, note that there are many other aspects of the law which can be relevant to business communication.
  
 
'''False or misleading claims'''
 
'''False or misleading claims'''
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** How could better communication have avoided the situation arising?
 
** How could better communication have avoided the situation arising?
  
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'''Copyright and plagiarism'''
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'''Copyright'''
  
 
In many countries, the creators of written work, images, videos etc. have legal rights to be recognised as the creators of their work and to control how their work is used by others. Many cultures also have ethical principles about using the work of others without attribution ('plagiarism'). This is part of the law of 'intellectual property'. It is a very large and complicated topic, which is beyond the scope of this course, but as a communicator in the business world you will need to be aware of at least the basic laws and practices that apply in the country or countries where your business operates.  
 
In many countries, the creators of written work, images, videos etc. have legal rights to be recognised as the creators of their work and to control how their work is used by others. Many cultures also have ethical principles about using the work of others without attribution ('plagiarism'). This is part of the law of 'intellectual property'. It is a very large and complicated topic, which is beyond the scope of this course, but as a communicator in the business world you will need to be aware of at least the basic laws and practices that apply in the country or countries where your business operates.  
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**[https://fairuse.stanford.edu/overview/website-permissions/websites/ Websites: Five Ways to Stay Out of Trouble], produced by Stanford University Libraries in the USA.
 
**[https://fairuse.stanford.edu/overview/website-permissions/websites/ Websites: Five Ways to Stay Out of Trouble], produced by Stanford University Libraries in the USA.
 
*Try to find a similar outline of copyright law for your own country.
 
*Try to find a similar outline of copyright law for your own country.
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'''Trademarks'''
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A trademark is a type of intellectual property consisting of a recognizable sign, design, or expression which identifies products or services of a particular source from those of others. The trademark owner can be an individual, business organization, or any legal entity. A trademark may be located on a package, a label, a voucher, or on the product itself. It is legally recognized as a type of intellectual property.<ref>https://en.wikipedia.org/wiki/Trademark</ref>
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[https://www.ipaustralia.gov.au/trade-marks/understanding-trade-marks/trade-mark-basics Trade mark basics], produced by the Australian Government, provides a good introduction to trademark law as it applies in Australia.
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As a business communicator, you need to make sure that you do not use any words or expressions that are trademarked by another business, otherwise your company could be sued.
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* Try to find out what the basic law is on trademarks in your country. 
 
}}
 
}}
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<references/>

Revision as of 03:39, 9 March 2020

Icon reading line.svg
Readings

Read Words and your legal responsibility from Chapter 4.5 in Saylor Academy's Business Communication for Success. (You do not need to do the exercises at the end of the reading.) This reading discusses how business communications are governed by laws and ethical considerations.

Because laws and perceptions of ethical behaviour vary between countries and cultures, we strongly encourage you to research the laws and ethics that apply to business communications in the country or region where you are planning to do business. With the expansion of global and e-business enterprises, it is critical to develop knowledge and skills to communicate effectively across cultural borders.

On this page, we highlight a few aspects of law which are widely relevant to business communications, with some examples from different countries. However, note that there are many other aspects of the law which can be relevant to business communication.

False or misleading claims

Businesses must be honest with consumers about their own products and services - and must not make false claims about their competitors. False or misleading claims, a web-page published by the Australian Competition and Consumer Commission (ACCC) provides a good overview of the types of business behaviour that are against the law in Australia in this context.

Note that in Australia exactly the same laws apply to communications via social media as on other forms of communication: Social Media (ACCC). In addition, a business can be held responsible for misleading comments made by others on their business's social media pages.

  • Are there similar laws in your country or region?

Defamation

Defamation is a false statement that damages someone's reputation, and can result in being sued. In general terms, 'libel' is the word used for written defamation and 'slander' for spoken defamation.

Best practices for avoiding defamation on social media, from the American New Media Rights website, is helpful in explaining what defamation is and highlighting the particular risks for social media users.

  • What are the laws on defamation in your country or region?
  • Try to find a news report of a libel case (ideally in your own country) where the person/business complaining about a libel was successful.
    • What was the consequence for the person/business who wrote the libel?
    • How could better communication have avoided the situation arising?

Copyright

In many countries, the creators of written work, images, videos etc. have legal rights to be recognised as the creators of their work and to control how their work is used by others. Many cultures also have ethical principles about using the work of others without attribution ('plagiarism'). This is part of the law of 'intellectual property'. It is a very large and complicated topic, which is beyond the scope of this course, but as a communicator in the business world you will need to be aware of at least the basic laws and practices that apply in the country or countries where your business operates.

Trademarks

A trademark is a type of intellectual property consisting of a recognizable sign, design, or expression which identifies products or services of a particular source from those of others. The trademark owner can be an individual, business organization, or any legal entity. A trademark may be located on a package, a label, a voucher, or on the product itself. It is legally recognized as a type of intellectual property.[1]

Trade mark basics, produced by the Australian Government, provides a good introduction to trademark law as it applies in Australia.

As a business communicator, you need to make sure that you do not use any words or expressions that are trademarked by another business, otherwise your company could be sued.

  • Try to find out what the basic law is on trademarks in your country.


  1. ↑ https://en.wikipedia.org/wiki/Trademark
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