Technical Communication Amount – The amount and sustainability of
Chapter 4: Legal and Ethical Obligations the portion of the work used.
2. Trademark Law ™®
What are Legal Obligations?
A trademark is a word, phrase, name, or
"A duty or requirement to do something, symbol that is identified with a company.
which is imposed by the law.” – Collins A registered trademark is a word, phrase,
English Dictionary name, or symbol that the company has
Failure to fulfill legal obligations can result in registered with the government’s trademark
various penalties, such as fines, imprisonment, office.
or other forms of punishment.
Protecting Trademarks
FOUR BODIES OF LAW
COPYRIGHT LAW – This protects original
works of authorship or ownership.
TRADEMARK LAW – This provides
protection to the names, symbols, and slogans
in goods and services.
CONTRACT LAW – This deals with
agreements between parties.
LIABILITY LAW – This is where a party is
held responsible for any harm or damages
caused by a product or service.
1. Copyright Law ©
The body of law that relates to the appropriate
use of a person’s intellectual property. 3. Contract Law
The most important concept in copyright law Contract Law deals with agreements between
is that only the copyright holder—person or parties. This disputes concerns whether a
organization that owns the work—can copy it. product lives up to the manufacturer’s claim.
Three Concepts of Copyright Law These claims take the form of express
warranties or implied warranties:
Copyright – NOT free; permission is Express warranty, merchantability warranty,
required to use copyrighted works. and fitness warranty.
Public Domain – free; can be used without
the permission of the owner. Warranties
Fair Use – A legal doctrine that allows 1. Express Warranty: A specific promise or
limited use of copyrighted material without assurance made by the seller about the quality
obtaining permission from the copyright or performance of the goods being sold.
holder.
2. Merchantability Warranty: An implied
Determining Fair Use warranty that the goods sold are fit for the
Purpose – Profit-making organizations are ordinary purposes for which such goods are
scrutinized more carefully than nonprofits. used.
Nature – When the information is essential to 3. Fitness Warranty: An implied warranty that
the public. the goods are suitable for a particular purpose
Effect – Any use of the work that is likely to when the seller knows the buyer's specific
hurt the author’s potential profit from the needs and the buyer relies on the seller's
original work. expertise.
4. Liability Law
A manufacturer or seller of a product is liable
for injuries or damages caused by the use of
the product.
Manufacturers of products used should have a
legal duty to warn users by providing safety
labels on products.
Characteristics of Liability Law:
1. Accuracy: Technical communicators must
ensure that all information provided is
accurate and free from errors to prevent
misunderstandings and potential harm.
2. Clarity: Information must be presented
clearly and unambiguously to ensure users
can understand and follow instructions
correctly.
3. Compliance: Technical communicators must
adhere to relevant laws, regulations, and
industry standards to avoid legal liabilities and
ensure the safety and reliability of the product.
