Task 4 - Contractual, Legal and Ethical Obligations.
Explain and illustrate the contractual, legal and ethical obligations within the games industry:
Contractual:
Contract obligations are those duties that each party is legally responsible for in a contract agreement. In a contract, each party exchanges something of value, whether it be a product, services, money, etc. On both sides of the agreement, each party has various obligations in connected with this exchange.
Employment: Employment Contracts are agreements between an employer and employee, so when a person wants to work for a company or even for a friend in their small team, they need to sign a contract of employment. Most employment contracts do not need to be in writing to be legally valid, for example; you can speak to the person and record the conversation and as long as the people are agreeing then it is a contract, but it is better if they are written down. A contract 'starts' as soon as an offer of employment is accepted (when an agreement is made). Once you first begin to work for your employer that proves you accept the terms and conditions offered. Most employees are legally entitled to a Written Statement of the main terms and conditions of employment within two calendar months of starting work. This should include details of things like pay, holidays and working hours. An existing contract of employment can be varied only with the agreement of both parties. On the right is an example of what an employment contract could look like, in the contract it states simple things that both the employer and the soon to be employee must agree on, and once the person first begins to work after they have agreed on the contract, that is when the contract is finalized and actually set in stone, anything that happens afterwards, for example; legal issues, the contract will be referred back to.
Development: A development contract is a disclosure document that indicates the details of the future development of the strata scheme. The development contact is prepared as in Approved Form 15 and must contain a concept plan which is prepared on Approved Form 15A. The development contract gives an explanation of the each stage of the development after the first stage (Stage 1). Stage 1 of the development is the first plan and does not need to be described in the contract.Each stage described in the contract can be identified as warranted development or authorised proposals.The developer is compelled to complete warranted development.The developer is permitted to complete authorised proposals but not compelled.When describing authorised proposals the contract may indicate several options which may be adopted.The statements panel on the administration sheets of the plan should contain a statement as follows: 'This Plan Contains a Development Contract comprising ‘X’ sheets' with ‘X’ being the number of sheets in the contract. The contract shows clearly how things will pan out in the long term so it is just depending with the two people debating the contract whether it is actually signed or if some details need changing to better suit either person for whatever reason it may be.
License: A licensing agreement is a legal contract between two parties, known as the licencor and the licensee. In a typical licensing agreement, the licencor grants the licensee the right to produce and sell goods, apply a brand name or trademark, or use patented technology owned by the licencor. In exchange, the licensee usually submits to a series of conditions regarding the use of the licencor's property and agrees to make payments known as royalties. For example; Nintendo may tell a toy company that they can make toys with some of their iconic characters as they have given them the permission to do so, however, once they have finished making the toys, that does not mean that they have the rights to the toys design (the characters they used) as they still belong to Nintendo, they have simply used their ideas to raise awareness of the character and to make a toy out of it, so it is therefore a 'win-win' situation for everybody. Or even giving somebody permission to make a film about your character or game, this has happened with Assassin's Creed, that does not mean that the people who are making the Assassin's Creed movie are the rightful owners of the Assassin's Creed franchise, they are simply branching off and making a film about it as they have permission to do so from the licencor.
NDA: A non-disclosure agreement (NDA), also known as a confidentiality agreement (CA), confidential disclosure agreement (CDA), proprietary information agreement (PIA), or secrecy agreement (SA), is a legal contract between at least two parties that outlines confidential material, knowledge, or information that the parties wish to share with one another for certain purposes, but wish to restrict access to or by third parties. It is a contract through which the parties agree not to disclose information covered by the agreement. An NDA creates a confidential relationship between the parties to protect any type of confidential and proprietary information or trade secrets. As such, an NDA protects non-public business information. An example of an NDA would be if Sony hired people to work a new game they were making, the NDA will say the people are not to speak to anybody about the game and any features that it has etc. and if they do then they are breaking the agreement which is completely forbidden, it is not just with games for example; it can be with phones, TVs anything that Sony does not want the public to know about is 'Top Secret' as if word was released before Sony wanted then people could try and copy their idea. The picture on the right is an example of what an NDA could looks like. here this is where the person agrees to remain quite about the latest advancements in the company etc.
Collaboration: A Collaboration Agreement is a contract between artists who work together on a project. Lennon and McCartney, The Marx Brothers, Andre 3000 and Big Boi, many art forms, including writing, music, theatre, and filmmaking, often involve the collaboration between two or more people. A Business Collaboration Agreement specifies the terms and conditions of the parties' working relationship, including the type of creative work they plan to undertake together, the allocation of responsibilities, and how any profits might be divided. It is partially just to make sure that nobody tries to claim all of the rights to something, if two companies made a game or a movie together but one of them tries to claim rights to something, they can refer back to the contract to see if they did actually make what they are trying to claim. This is very important as in some films/games etc. character may be used again and the company who has rights to that character are the only ones who can use that character in other places unless they give permission in a License Agreement/Contract to as the Licencor to a Licencee. Activision Blizzard was originally two separate companies however they merged together and now they are making games together, originally they would have needed to sign a Collaboration Contract to make sure everything was in place.
Legal:
In its original sense, the term obligation was very technical in nature and applied to the responsibility to pay money owed on certain written documents that were executed under seal. Currently obligation is used in reference to anything that an individual is required to do because of a promise, vow, oath, contract, or law. It refers to a legal or moral duty that an individual can be forced to perform or penalised for neglecting to perform.
Copyright: Copyright is a legal right created by the law of a country that grants the creator of an original work exclusive rights for its use and distribution. This is usually only for a limited time. The exclusive rights are not absolute but limited by limitations and exceptions to copyright law, including fair use. A major limitation on copyright is that copyright protects only the original expression of ideas, and not the underlying ideas themselves. There are many example court cases to use however, for this example I will use the Betamax case. Basically, Sony Corp. of America v. Universal City Studios, Inc. (1984), is a decision by the Supreme Court of the United States which ruled that the making of individual copies of complete television shows for purposes of time shifting does not constitute copyright infringement, but is fair use. The Court also ruled that the manufacturers of home video recording devices, such as Betamax or other VCRs (referred to as VTRs in the case), cannot be liable for infringement. The case was a boon to the home video market as it created a legal safe haven for the technology. Ironically, the popularity of VCRs significantly benefited the film industry through the sale of pre-recorded movies.
Trademark: A trademark, trade mark', or trade-mark is a recognisable sign, design, or expression which identifies products or services of a particular source from those of others, although trademarks used to identify services are usually called service marks. The trademark owner can be an individual, business organisation, or any legal entity. A trademark may be located on a package, a label, a voucher, or on the product itself. For the sake of corporate identity, trademarks are often displayed on company buildings. There are many examples to use of different trademarks, for example with Nintendo, they have trademarked many things. On the Nintendo website they have given examples of trademarks of their own, such as; distinctive names, words, logos, designs and symbols used to distinguish a product of a particular manufacturer or source. Some of Nintendo's most widely recognised trademarks include Nintendo®, Game Boy®, Super NES® and Super Mario Bros.®. The Nintendo® trademark has been filed in many countries throughout the world and registrations have been issued in Nintendo's name in many countries. Therefore anything that Nintendo has trademarked can not be used anywhere else for somebody's personal use.
Patent: A patent is a set of exclusive rights granted by a sovereign state to an inventor or assignee for a limited period of time in exchange for detailed public disclosure of an invention. An invention is a solution to a specific technological problem and is a product or a process. Patents are a form of intellectual property. Sony have got patents for many things, recently they have filed for patents for a lot of things, for example on their website they have filed patents for the following; Display panel or screen with graphical user interface, Speaker, Display apparatus, Communication control device, communication control method, program, and communication control system, Network handover optimisation and many more examples. All of these are original and new ideas as Sony would not be able to file for a patent if they are not new ideas - patents are new ideas.
Registered Designs: A design refers to the features of a shape, configuration, pattern or ornament applied to an article by any industrial process. If you register a design, you will be protecting the external appearance of the article. Registered Designs are used primarily to protect designs for industrial use. In the Games industry a Registered design would be used to protect the original design of the XBOX One logo for example or the PlayStation 4 logo, anyone who was using those designs for personal gain would have a call from Sony or Microsoft telling them that it is completely restricted to do so and that they must stop immediately. A registered design covers two-dimensional as well as three-dimensional articles and ornaments Registering a design with the Intellectual Property Office gives you extra legal protection. It gives you the exclusive right to make, use or stock any item incorporating your design and to take action against those who infringe this right. It can be a very valuable piece of intellectual property that you can license or sell. To register your design, there must be no product that has an identical design that has been made available to the public, have a new character idea (give an appearance of originality) and not to be offensive etc.
Ethical:
Ethical obligations are things a person must or should do based on a code of ethics. Ethics are not inherently based on laws, religion or one's personal feelings, but ethical obligations for professionals, like lawyers and doctors, can be codified into law. For example, according to the Wyoming State Bar, lawyers have an ethical obligation to keep their clients' confidentiality, but there is also a legal requirement in place that makes it absolutely necessary for lawyers to keep confidential information to themselves and to protect that information from becoming public. For some people, perhaps, the ethical obligation would be enough, but the law backs up this ethical obligation as an added measure of security.
Violence: Video game controversies are societal and scientific arguments about whether the content of video games change the behaviour and attitudes of a player, and whether this is reflected in video game culture overall. Since the early 1980s, advocates of video games have emphasised their use as an expressive medium, arguing for their protection under the laws governing freedom of speech and also as an educational tool. Detractors argue that video games are harmful and therefore should be subject to legislative oversight and restrictions. The positive and negative characteristics and effects of video games are the subject of scientific study. Results of investigations into links between video games and addiction, aggression, violence, social development, and a variety of stereotyping and sexual morality issues are debated. Games today are partially not as bad when it comes to violence due to the rules and regulations that are in place and also because of how some places like China and Germany may ban the game from being sold there. However, that was not the case for games in the early stages as they were deemed too violent, for example; Man Hunt 2 was banned for its "unrelenting focus on stalking and brutal slaying", the British Board of Film Classification said.
Rating: A video game content rating system is a system used for the classification of video games into suitability-related groups. Most of these systems are associated with and/or sponsored by a government, and are sometimes part of the local motion picture rating system. The utility of such ratings has been called into question by studies that publish findings such as 90% of teenagers claim that their parents "never" check the ratings before allowing them to rent or buy video games, and as such calls have been made to "fix" the existing rating systems. Video game content rating systems can be used as the basis for laws that cover the sales of video games to minors, such as in Australia. Rating checking and approval is part of the game localisation when they are being prepared for their distribution in other countries or locales. These rating systems have also been used to voluntarily restrict sales of certain video games by stores, such as the German retailer Galeria Kaufhof's removal of all video games rated 18+ by the USK following the Winnenden school shooting. The rating is there especially so that the right ages play the games, as the older you are, the more you will understand things and not take things literally for example; as a 12 year old if they played GTA V, may think that is how you should behave on a daily basis, whereas the suggested 18 year old age restriction is suitable as an 18 year old knows how to behave correctly.
Education: Video games can be used in educational settings. Students can develop their ability to find different ways to solve the problems they come across through gameplay. Often, players will find that they require these skills later on in the game as well, and thus are required to maintain and hone their skills for later use. Video games typically provide instant rewards for succeeding in solving a problem. This is in contrast to classroom environments, where students wait for graded tests and are only rewarded occasionally with report cards to report their progress. Thus, video games can be used as an alternative to a classroom setting while still maintaining levels of difficulty that foster learning. When the Nintendo DS was a rather large thing around 2005, many people used to play educational video games that would help to make you smarter whilst remaining fun, games such as Brain Train to name one was extremely effective as not only were there tasks and challenges that you needed to do but they were fun which meant you were predominantly having fun whilst also learning new things - win-win for everyone!
Stereotyping: This is basically when games use the standard perception of people and races etc. then take that to the extreme, for example; a very ludicrous example is Muslims, they are given the status that they are terrorists and everybody knows that Muslims themselves are not terrorists it is just a stupid generalisation, and also that all black people steal from everybody they see - both of these examples are stupid as know that is not true, take Will Smith for example; he is a very well known and iconic actor who is definitely not somebody who steals. Also, Malala Yousafzai, she is another great example to use, she won the Nobel Peace Prize and what is the biggest thing to mention about her, she is a Muslim (who is not a terrorist). An example of a game in which stereotyping is a major issue is GTA V, it is very apparent. The main characters; Franklin is a black guy living in the hood who is only allowed to wear "urban" or "hood-street" clothes, Michael is an upper class middled aged white guy who can who has a mostly pathetic choice of a wardrobe selection and Trevor, well although Trevor is most definitely a super crazy, meth-head, selfish redneck he is only limited to wearing super crazy, meth-head, selfish redneck outfits! All of which shows how stereotypical the game is which can cause outrage with many people.
Addiction: Video game addiction is hypothesised to be an excessive or compulsive use of computer games or video games, which interferes with a person's everyday life. Video game addiction may present itself as compulsive gaming, social isolation, mood swings, diminished imagination, and hyper-focus on in-game achievements, to the exclusion of other events in life. In May 2013, the American Psychiatric Association (APA) proposed criteria for video game addiction in the Diagnostic and Statistical Manual of Mental Disorders, concluding that there was insufficient evidence to include it as an official mental disorder. However, proposed criteria for "Internet Gaming Disorder" are included in Section 3, Conditions for Further Study. While Internet gaming disorder is proposed as a disorder, it is still discussed how much this disorder is caused by the gaming activity itself, or whether it is to some extent an effect of other disorders. Contradictions in research examining how addictive video games are may reflect more general inconsistencies in video game research: For example, while some research has linked violent video games with increased aggressive behaviour other research has failed to find evidence for such links. Children are easy targets when it comes to video game addiction, they do not know any better and so when the games they are playing says add credits, they just think that there are no consequences, before you know it they are addicted to using in-game currency and spend a lot of money unintentionally. This happened to a man from Crawley as his son spent £4000 on an iPad game - A father is livid after his seven-year-old son racked up an enormous £4,000 bill on an iPad dinosaur video game. Mohamed Shugaa, 32, of Crawley, discovered his son Faisall had downloaded the iTunes game Jurassic World and spent £3,911 upgrading his dinosaurs. Faisall knew the passcode to unlock his father's iPad, but Mr Shugaa didn't realise his son had also memorised his Apple ID, which accesses payment information and only has to be entered once to make multiple purchases.
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