Tuesday, 12 May 2015

The Digital Imaging Revolution: Legal Implications and Possible Solutions

The Digital Imaging Revolution:

Legal Implications and Possible Solutions

    "These copies are exact?"
    "Oh, yes."
    "So they're legal?"
    Sanders frowned. "Legal in what sense?"
    "Well, as evidence, in a court of law--"
    "Oh, no," Sanders said. "These tapes would never be admissible in a court of law."
    "But if they're exact copies--"
    "It's nothing to do with that. All forms of photographic evidence including video, are no longer admissible in court."
    "I haven't heard that," I said.
    "It hasn't happened yet," Sanders said. "The case law isn't entirely clear. But it's coming. All photographs are suspect these days. Because now, with digital systems, they can be changed perfectly. Perfectly."

    --from Rising Sun, by Michael Crichton
"Digital imaging" (a.k.a. electronic imaging, computer imaging, image processing and image design) is at the root of this confusion. It allows just about anyone with a scanner or digital camera, basic software, and a little training to manipulate photographs, video and audio tape--making the imagined, real.
But just as digital imaging presents endless possibilities for creation, it also provides endless possibilities for legal infringement. Legal issues to be explored in this discussion include the use of photographs as evidence, copyright infringement and invasion of privacy.
So far digital imaging technology has been used mainly for positive purposes--retouching and restoring old photographs, such as that done by Spinner Publications, a small press publishing historical material on southeastern Massachusetts. In their latest release, The Strike of '28, by Daniel Georgianna and Roberta Aaronson, Spinner used computer programs like Adobe Photoshop to "touch up" scratches, faded negatives, poor lighting, or just the torrents of age on the photographs and documents they printed.
Other methods of positive digital imaging may be found through on-line systems like Internet, allowing people at the touch of a button to be exposed to the art collection of the Australian National University, or even give themselves a video tour of the Honolulu Community College.
Digital imaging has also been used widely for scientific visualization, providing easy access to the creation of 2-dimensional and even 3-dimensional images. These images are invaluable as teaching tools and for research.
Digital imaging is even entering the everyday life of the "computer illiterate." Just enter any mall and you may encounter machines which can instantly produce pictures of you "trying on" different hairstyles. Or the dentist may show you what you may look like with your teeth whitened. Or a plastic surgeon could show you how you'll look with Demi Moore's nose. Don't want your ex-husband in the family photos? You can digitally have him erased from every birthday and anniversary by a variety of electronic design companies such as Take Two in Arlington.
But, as with any powerful tool, it can be used deceptively if placed in the wrong hands. Some benign examples have already surfaced with the print media, often "fixing" photographs to make their composition or even content--perfect.
Perhaps the most notorious example is that of National Geographic's February 1982 cover, where one of Egypt's great pyramids was electronically moved closer together to improve the composition, bringing its apex inside the magazine's yellow cover frame. Former editor Wilbur Garrett argued the decision in a New York Times letter to the editor to point out that the effect would have been the same if the photographer had moved over a couple of feet. Garrett also questioned whether we should start worrying about the ethical impact of a photographer changing a photo by using a telephoto lens, a light filter, or staging some other aspect of the photo.
Another famous "fixer" photograph was that of Time's 1989 cover photo depicting the fallen Olympic runner Mary Decker with an official bending over her. The official's walkie-talkie had an antenna that seemed to jut out from Decker's chin. The photographer, Tom Bentkowski, who took the photo in 1984, erased the antenna.
And still another infamous photo fixer is Rick Smolan, who used electronic imagery to change the colors and composition of several photos, including the cover of his book, A Day in the Life of America. In the cover photo, for example--taken with all the photos on May 2, 1986--Smolan cut the distance between a horseback rider and a tree to fit both in the picture. Smolan said he views the book jacket as advertisement of the book, and that advertising is not subject to such stringent rules.
But hasn't photographic manipulation been around for decades? The answer to that is a resounding "yes." Ever since the invention of the daguerreotype, manipulation has occurred in the form of cropping, airbrushing, even pasting other images onto a photograph and then reshooting that picture, making the new image almost seamless.
These old manners of photographic manipulation have even been used in the past to "erase" someone from history, such as the Soviet Union did with Grigory Nelyubov, one of the nation's earliest cosmonaut trainees. He had his face smudged out, cropped out, and completely erased from all space shots and group shots in 1961, after he had a run-in with police. (Life. Dec, 1986.)
And in 1981, when the Soviet Union wanted to downplay the military's role in the Soviet space program, they eliminated Soviet missile chief Kirill S. Moskalenko, who, in military attire, originally appeared in a photo between cosmonaut Yuri Gagarin and rocket expert Sergei Korolev during their first launch of man into space. (Life. Dec, 1986.)
And of course, methods such as airbrushing--used to disguise any physical defect--have been used rampantly in mediums such as advertising for decades now.
But never before has manipulation been so easy, so fast, so accessible--and so difficult to detect. Video scanners and digital cameras turn a photograph into an arrangement of electronic digits, or pixels, which are then stored in the computer's memory. With easy to use, popular imaging programs such as Adobe Photoshop or Astral Development's Picture Publisher, and the novice's favorite, Ofoto, you can open a scanned image, zoom in an out of sections of it, and move about those pixels as you wish. You can even "clone" a section of the photograph, repeatedly reproducing those pixels until you get the same color and characteristics of the original. And any changes can be blended so convincingly, that even experts have a difficult time deciding what is real--and what has been changed. Usually the only clues that are provided are inaccurate shadows, or the size of objects staying the same despite a difference in distance and perspective, or both foreground and background being in focus--something very difficult to do with a camera without a large amount of available light.
With advances such as these, even newspapers are gravitating towards digitized photos. The Associated Press employed digital imaging during George Bush's inauguration-providing ready-to-print pictures 40 seconds after they were taken.
And stock photo agencies such as Sygma--upon which free-lance photographers count on for most of their income--are planning for digitized distribution by 1994. Placing photographs on-line pose additional problems to free-lancers, as news agencies may take the original, manipulate it until it is no longer recognizable, and use it without paying royalties. The concept of fair use, where only 5% of an original document may be used without infringing upon copyright, is difficult to apply, since visual changes are much harder to detect.
But the damage doesn't stop at still photographs. Videotapes are subject to easy manipulation as well. By connecting a machine very similar to a VCR to a computer's hard drive, you can digitize the images of video, allowing you to reenter the document, re-working and changing images frame by frame. This is the method of cover-up used in the fictional murder mystery by Michael Crichton in Rising Sun. The real killer's face is replaced by another man's--implicating the wrong man in the murder. Scientists in the book working on the case only discovered the manipulation of the incriminating tape when they noticed several subtle inaccuracies: shadows of an absent person remained; a brief mirrored reflection of a third person appeared, while the actual person had been erased.
So if photographs and videotapes can now be easily tampered with, what effect will that have on our legal system?
Perhaps the most obvious conflict would arise in continuing to use photographs (and videotape) as evidence. In the past, photographs were considered to be unabashedly true, since even older forms of manipulation are often easily detectable. Because of this, photographs have always enjoyed leniency in being used as evidence in a courtroom. There are only two guidelines that a photograph must meet to be submitted as evidence: it must be relevant to the case at hand, and it must be authentic. As photographic manipulation becomes more prevalent, this latter guideline may be more difficult to enforce.
"I don't think you can use photography or video anymore as evidence. It's too easy to manipulate...I don't see how it's going to stand up anymore," noted Gregory Stone, the director of Publications and Media Production at UMass Dartmouth. Stone is also one of the prime developers of the university's World Wide Web server, and deals with issues such as author ownership and copyright in electronic publishing.
But despite their easy manipulation, photographs are still too valuable as proof to completely eliminate from the courtroom. Cases such as the Rodney King trial depend almost solely on photographic evidence. Especially in an era where amateur photography and videography are flourishing, to ban photographic evidence from the courtroom would be absurd.
The answer then lies in proving authenticity. This would involve making the standards for authentication more stringent. Currently, there are two ways that photographs are proved to be authentic. The first is the silent witness theory, where the photograph exists as a "silent witness," and is taken as absolute proof that the images are in fact, real.
Electronic imaging presents several obstacles to this means of proof. First, the fact that a photograph exists is no longer absolute proof that the image presented exists. It may have been electronically manipulated, or even computer generated-where no original even existed. By plugging in mathematic computations, a nonexistent image can be generated on the computer. In all cases, the final copy can be transferred to film and then printed on photographic paper. So even the existence of a negative does not prove authenticity.
The second means of authentication is called the pictorial testimony theory, where a witness-not necessarily the photographer-testifies that the photograph does indeed depict the actual scene or setting in question. This seems the more reliable route to go concerning the possibilities of electronic imaging. The choice of witness could then be restricted to the photographer. Only they would know if the photograph were indeed taken and if it had been manipulated in any way. Journalism guidelines now often require that photographs be accompanied by some kind of byline stating if any changes have been made. Having photographers testify would accomplish the same goal.
Electronic manipulation also has drastic effects outside of the courtroom. It can be used (either intentionally or unintentionally) to depict people in a "false light," resulting in the tort of invasion of privacy.
One prime example occurred just before the November, 1990 governor's election. A Boston television journalist interviewed the two candidates, Democrat John Silber and Republican William Weld. During the interview, Silber reprimanded the audience for criticizing women who, like his wife and daughter, chose to stay home and raise a family rather than pursue a career. His comments seemed to imply that working mothers were selfish in leaving their children alone.
The Weld campaign used these comments to their full advantage, later employing them in a political advertisement. Using computer imaging techniques, Silber's image was enlarged and slightly distorted, making him appear more menacing and overbearing than in the original. The advertisement was widely criticized, and Silber tried unsuccessfully to have the commercial withdrawn. Had he sued for invasion of privacy (under the branch of false light), Silber might have had a case.
In this instance, and in most instances of electronic manipulation, false light seems to be the perfect claim for damages. Manipulation of photographs could easily present people in a way unbecoming to them. And, unlike the defamation branch of privacy invasion-where injury to reputation must occur-false light claims compensate individuals for personal trauma, regardless of whether reputations are injured or not. The only other element necessary for a false light claim is actual malice--where the image is knowingly manipulated or there is reckless disregard for its truth.
One possible protection against potentially misleading electronically-altered images is to require them to be conspicuously labeled. Not only would that protect the media from false light claims, it would restore the public's faith in the photographic image. Many newspapers have already adopted guidelines to inform readers of digital alterations. Other publications, such as The New York Times and the Asbury Park Press have forbid tampering with photographs, while the Los Angeles Times, and the Associated Press news service have adopted informal guidelines.
But the problem doesn't even end at visual images. Audiotape can just as easily be tampered with. In fact, it may have been the first medium to undergo digitization. Digital or sound sampling is already commonly used in the music industry, especially in rap music. This provides some interesting parallels to photographic digitization concerning copyright and droit moral considerations (where the artist is concerned about maintaining the original intent, integrity and quality of his or her creation).
The first, and perhaps most common consideration is that of maintaining copyright. If a photograph (or song, in this instance) is "sampled" and then used as part of a larger piece or the basis for a new creation, does the original copyright still apply? Or is the change significant enough in that it constitutes a new piece?
Photographers may find refuge in the Landham Act, the United States' principal trademark law. It protects against false designations of origin and false descriptions and representations.
When the comedy group Monty Python sued ABC for poorly editing a series of their programs and thus breaking up the continuity, they turned to the Landham Act. They were offended by the changes made in the series, and made the case that the American audience was not aware of the changes made. They won under the Landham Act.
However, later cases involving such droit moral considerations, where the personal and moral rights of an author are protected, did not hold up under the trademark law.
Not only does the Landham Act no longer protect photographers from their work being used or sampled in a manner they did not intend, copyright laws often do not protect them from out-and-out stealing. With the availability of computer manipulation, original works may be changed and published without the original author's knowledge or credit. Because photographs may be changed beyond recognition, infringement of copyright is difficult to detect.
So how do photographers insure that they are getting compensated for all the uses of their work? One such solution posed by Don E. Tomlinson and Christopher R. Harris in their article "Freelance Journalism in a Digital World" (Federal Communications Law Journal, Dec. 1992), provides a system of compensation based on a series of "credits" earned by photographers for each first-time published work. Whenever a publication purchases an original photograph, in addition to paying the photographer and stock agency, they also put some money into a fund which would be controlled by a governmental body. Depending upon the status of the publication-meaning, the greater or lesser possibility of that photograph being used again-the photographer is assessed a series of "credits." Based upon the number of credits collected, the photographer is granted a portion of the fund. This would not override actual copyright infringements or droit moral theories.
It is a complex solution to a complex problem, but one which lawyers, legislators and the media industry need to take into consideration. Labelling manipulated photos, requiring photographers to testify in court before a photo can be submitted as evidence, and providing a fund for photojournalists are just preliminary solutions to the ever- growing problems arising from the advancement of technology. We may never catch up to the technological changes being made, but we must begin the chase.

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  • PUBLIC RELATIONS AND PROBLEM SOLVING


           Your Company has been recently accused of compromising quality goods by the regulatory authority and has been asked to withdraw its prime product from the market. As a public relations manager of that company, design a public relations campaign that is aim at and ensuring that your company does not lose it public image and or client on the account of this incident.

    INTRODUCTION
    In every organization, the main role of a public relations is problem solving between an organization and its publics. The problems come in different forms but mainly center on communication matters. Like the popular saying goes “in a world where there is absence of communication, anarchy and chaos set in”. That is to say what join or connect an organization with its publics is the right information that the public have about the organization. So, the organization ought to make sure it creates an avenue where its publics can have the right information about the organization which is the active functions of the public relations.
    From the various terms that try to define the concept of public relations such as; the British Institute of Public relations, the Mexican Statement, the American Public Relations Association etc; we observed that all talked about how to build a relationship and how to retain it. According to the British Institute, it is not something that occurred by mistake or by accident, but a deliberate action from the mind of the organization who executes the actions. Since the problem at hand is critical because the company is standing a chance of losing it publics and jeopardizing its image, the company has to take immediate and precautionary actions before the situation get out of hand.
    MY CAMPAIGN PRINCIPLES
    According to Hanson (2005) cited in Rabiu (2013), states that there are five campaign principles a company has to take note of when facing crisis:
                                      i.            Be prepared: The most important aspect is to have a crisis plan. For every company, there are certain things that are unlikely to happen but would be enormously damaging if they did. Such events could, if serious enough, put the existence of the company at risk by damaging it most important assets: credibility and reputation.
                                   ii.            Be honest: One of the problems with lying is that liars are often caught. Cover-ups almost always end up being exposed and the cover up looks more damaging than the original problem itself. The truth is going to get out. It will be suicidal if a public relations officer to try to deny any problem concerning the company knowing quite sure that such problem is in a existence. So, better get it out of your lips.
                                 iii.            Apologies and mean it: The Company should respond with real actions not just words.
                                 iv.            Move quickly: Public relations critics say that how a company reacts in the first few hours after a crisis occurs will determine how the crisis is perceived from the point on. Paul Schrivastava cited in Hanson (2005) says all crisis have a window of opportunity to gain control of 45 minutes to 12 hours. Beyond that point, people will have already decided what they think about the crisis, and once they have made up their minds, they are reluctant to change them.
                                    v.            Communicate with the press and other constituencies: These include the company’s own employees and management, stockholders, government regulators and customers as well as the press.
    MY TECHNIQUES, METHODS AND APPROACHES
              Just like in the course, there are different models use in carrying out a public relations campaign, such as Sam Black, the RACE, Frazer Seitel, Frank Jefkins etc. all emphasized that there are various steps to be taken in order to address any problem confronting an organization. Since the situation is more of problem solving and urgent action needed to be taken, I will like to use the RACE model which I think is more effective. RACE is an acronym of the following steps:

    i.                   Research
    ii.                 Action
    iii.              Communication
    iv.              Evaluation

    SAMPLE OF MY CASE OF STUDY
    For instance, if I am a public relations manager working for Unilever Nigeria Plc. under the toothpaste production marketing department and there was a recent report and been accused by consumers that the quality of the toothpaste has been compromised, causing the consumers peel of their lips either causing sore or change in the color, which is abnormal of the product. The evidence were prove to be true by the regulatory agencies and the company was asked to be withdrawn it prime product which is the close-up toothpaste from the market, I will use the RACE model thus, to address the situation and to retain the image and the public of the company.

                  A.   RESEARCH
    Before there could be any public relations campaign or plans of actions, there must be a problem or aims. Therefore, in this situation which the goods quality is being compromised, the first thing I will do as the public relations manager is; to go on research on what the real problem is, analyze the problem and find it causes. Is it that there was an error in the production, or there was another co-pirated production which uses the company name and brand.
    As I have stated the Unilever Nigeria plc. As my case of study with the above problems, the principle of my research will center on moving quickly and on communication with the press and my constituencies. This can be done within the internal publics such as the management board, the stakeholders, the employees, and the external publics such as the customers, the press etc. This will enable me to have the real situations at hand which will enhance the effectiveness of my actions plans.   
              
               B.   ACTION
    At this stage of the campaign, I will draft out my actions plans, starting from what tools to be use such as press release, video news release, press kits, and special events which will serve both the company and the public interest, including the budget and all the necessary items that will warrant effectiveness of the campaign.
    The first step I will take is to summon a quick conference meeting between the managements and the stockholders and explain to them the situation at hand. Telling them the causes and the damages it has caused the company and more damages it will if, adequate actions are not put up immediately. Here, I can also table my budget plan to the company for approval. With this information, even the stock holders can say something reasonable about the situation when confronted by any press or public.
    After the meeting, I will write a press release to the media houses such as; the radio, television, magazines and the newspaper as the quickest move action before the public developed their perspectives about the situation and the company.
    In witting press release one has to take note of some certain areas. According to Leadership Newspaper, below are the reasons that make some press release not to be published or read by the public. They are as follows:
    i.                   Spellings matters
    ii.                 Don’t bury the lead
    iii.              Follow the inverted pyramid style
    iv.              Don’t forget about the quote
    v.                 Sweet the details
    vi.              And include data
                                                             

    The press release will be thus:

    UNILEVER NIGERIA PLC







    A PRESS RELEASE

    (For Immediate Release: Thursday, 23th April, 2015)



    PRESS RELEASE ON THE CASE OF CLOSE-UP



    We, the Unilever Nigeria plc. hereby wishes to address the general public concerning the issue of the company’s product “Close-UP” which its quality was recently reported for been compromised.

    Regarding to the situation, it is not in our ethics or our will to serve you our publics with such services that will one way or the other endanger your life. So, we sincerely hereby apologize to you for the inconveniences.

    According to our investigation and finding, we observed that that there was an error in the production due to some mechanical fault. The error arises as the normal amount of sodium fluoride (1450 ppm fluoride) added in order to destroy germs was mistakenly added up to 1950 ppm. Appropriate measures have being put in place to handle the situation. But first we are trying to recollect the faulted products and promising you that such situation will not repeat itself.

    Once again, we are saying sorry for the damage caused. For those who are seriously affected, the managements are trying to make a way on how to compensate you. For more information contact our customer service on: 080086453837 or visit our website www.closeup.ng.org

    Sign,



    Management
                                                                                                  (Unilever Nigeria plc.)



    The next part of my action plan of the campaign will be to organize a press conference between the company and the prominent external publics such as; the press, the wholesalers, the retailers, the distributors, the marketers etc, where the company manager can meet with them and get to know their own state of mind and perception about the company by attending to their questions. They can give the company the necessary information they need to know about their consumer perception about the situation since they are the links, the middlemen or the go between the company and the consumers.

    The press conference paper will be thus:


    PAPER PRESENTATION ON THE CASE OF CLOSE-UP QUALITY BEEN COMPROMISED:
    BY THE GENERAL MANAGER OF UNILEVER NIGERIA PLC

    We, the Unilever Nigeria plc. hereby, wishes to address the general public concerning the issue of the company’s product “Close-UP” which its quality was reported recently for been compromised.
    As you all know, Close-up is a cinnamon flavored brand of toothpaste which is marketed by Unilever. Launched in 1967, it is the first gel toothpaste in the world.  In 2003, Unilever sold the exclusive licensing rights of CloseUp in United States and Canada to Church & Dwight.  This sale did not affect the brand in other countries, like India where Unilever and its subsidiaries continue marketing Close-Up.  The brand is positioned to target the youth segment with a lifestyle appeal in its advertising campaigns.
    The product has a range of brand of gels such as; Close-Up Deep Action Red Hot, Close-Up Diamond Attraction, Close-Up Deep Action Eucalyptus Mint, Close-Up Deep Action Lemon Mint and Close-Up Deep Action Menthol Fresh.
    Close up, since its launch, has been synonymous with 'Freshness' that gives you the confidence in social situations. The brand has always been unique and fun, encouraging people to open up by getting over their self doubt. It is aimed at every person who is young at heart.
    Regarding to the situation, it is not in our ethics or our will to serve you our publics with such services that will one way or the other endanger your life. So, we are hereby apologizing for the inconveniences.
    According to our investigation and finding, we observed that that there was an error in the production due to some mechanical fault. The error arises as the normal amount of sodium fluoride (1450 ppm fluoride) added in order to destroy germs was mistakenly added up to 1950 ppm. Appropriate measures have being put in place to handle the situation. But first we are trying to recollect the faulted products.
    Once again, we are saying sorry for the damage caused. For those who are seriously affected, the managements are trying to make a way on how to compensate you. Thanks.



    For the fact that seen is believing, the next part of my public relations action plan for the campaign will be to take the press and others prominent public to a tour and show to them all the production process down to the packaging for them to have a convincing perception about the company. Therefore, good and effective story will be written in favor of the company, bringing great remedy to the situation.
    A.   COMMUNICATION
    At this stage of my campaign, I will have to choose the best medium I will use in order to meet my target publics. Since the users of the Close-Up product are diversified and scattered around the country, so, in trying to meet these people I have to device the necessary means to get to them.
    For the target publics at the urban area I will use the above-the-line media. The media are the mass media of communication such as; newspapers, magazines, radio, television and the internet because they service can be access easily. Meeting with the pressmen will be easy as I must have cultivated a lot of relationships with the pressmen as the says goes, “you make friend with the boat man in the dry season, so that when the rain falls you will be the first he will make a cross”.
    For the public in the rural areas, I will use below-the-line because bad information flew like the air they must have heard about the incident or experience the same situation. For instance, in a community where the mass media and the internet are not easily accessible, I will use the barbecue. This will be more and best effective when applied to the rural areas because and meeting with the affected persons is easy and it will give me the chance to explain to them the situation and the latest development on the issue.
    B.   EVALUATION
    The last stage of every model public relations emphasized that there is need for follow up, monitoring the output of the campaign, evaluate to see if there is still needs for modification of the action plans. The evaluation can be done through the feedback gotten from the targeted publics, the success and failure. If it is successful, then the aims and objective of the campaign is been achieved. But if it fails, then there is still need for another proactive measure to be taking.

    CONCLUSION
              So, in handling cases like this, one needs to look from the various stages and steps I listed and uses from above, in carrying out an effective campaign to handle the situation confronting the Unilever Nigeria Plc. and other related issues confronting any organization, first, one need to know his objective and principles. Which includes: be prepared, be honest, apologies and mean it, move quickly and communicate with the press and other agencies.
              One needs to choose a model which will serve as a guide in which you will use to break down your campaign strategies. There are many models but to me the RACE is the best and preferable in handling quick and urgent situation like this. As the process in the model starts with researching for the problem and analyzed it to find its causes and the damages it will cause to the company. Moving on to the action plans where the main job of the public relations officer commences. His job which includes; briefing the stockholders and the press, presenting a press release to be published or aired, organizes a press conference and takes both the stockholders and the press to the production unit to see things for their selves. Choosing the best medium to use in order to meet the targeted publics of the campaign and after which, one need to evaluate the processes again to see how effective it was and see if there are necessary follow up plans to be retaken.




    REFFERENCES

    ·        G.J. Chiakaan and C.T. Chile: Modern Public Relations Theory and Practice in Nigeria (page 68)



    ·        M.S. Rabiu: The World Of News: A Career Prospect Journalism and Mass Communication.

     

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