Chapter 2. Understanding Ethical and Legal Considerations © 2012 by Bedford/St. Martin's 1

What is ethics?

Ethics is the study of the principles of conduct that apply to an individual or a group.

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In thinking about ethical dilemmas,four standards are useful:

• Rights—individuals’ basic needs and welfare.

• Justice—how the costs and benefits of an action or a policy are distributed among a group.

• Utility—the positive and negative effects that an action or a policy has on others.

• Care—the relationships we have with other individuals.

Chapter 2. Understanding Ethical and Legal Considerations © 2012 by Bedford/St. Martin's 3

You have three sets of ethical obligations:

• to your employer

• to the public

• to the environment

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You have five obligations to your employer:

• competence and diligence

• generosity

• honesty and candor

• confidentiality

• loyalty

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Four bodies of law are relevantto technical communication:

• copyright law

• trademark law

• contract law

• liability law

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Courts consider four factorsin disputes over “fair use”:

• the purpose and character of the use, especially whether the use is for profit

• the nature and purpose of the copyrighted work

• the amount and substantiality of the portion of the work used

• the effect of the use on the potential market for the copyrighted work

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Adhere to these four guidelines whenyou use material from another source:

• Abide by the fair-use concept.

• Seek permission.

• Cite your sources accurately.

• Consult legal counsel if you have questions.

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There are two kinds of trademarks:

• Trademark—a word, phrase, name, or symbol that is identified with a company.

• 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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Use four techniques to protect trademarks:

• Distinguish trademarks from other material.

• Use the trademark symbol (TM or ®).

• 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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Contract law recognizestwo kinds of warranties:

• 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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Follow these ten guidelinesfor abiding by liability laws:

• 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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Follow these ten guidelinesfor abiding by liability laws (cont.):

• 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.

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Four elements of an organization’s cultureencourage ethical and legal behavior:

• ethical leadership• supervisor reinforcement• peer support• reinforced and embedded ethical values

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An effective code of conducthas three characteristics:

• It protects the public rather than members of the organization or profession.

• It is specific and comprehensive.

• It is enforceable.

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Companies have obligationswhen communicating across cultures:

• They must not reinforce patterns of discrimination in product information.

• They are not obligated to challenge the prevailing prejudice directly.

• They must adhere to other countries’ federal and regional laws when exporting goods and services.

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Follow these ten principlesfor ethical communication:

• Abide by relevant laws.

• Abide by the appropriate professional code of conduct.

• Abide by your organization’s policy on social media.

• Take advantage of your employer’s ethics resources.

• Tell the truth.

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Follow these ten principlesfor ethical communication (cont.):

Don’t mislead your readers.Use design to highlight important ethical and

legal information.

• Be clear.

• Avoid discriminatory language.

• Acknowledge assistance from others.

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Avoid four common types ofmisleading technical communication:

• false implications

• exaggerations

• legalistic constructions

• euphemisms