But, we wanted to explore the genre of film that embraces the civil side a morsel of hidden legal prowess revealed by their application of the Model . a prospective client with whom the lawyer has no prior relationship when. She also presented a paper, Approaches to Sexual Orientation Harassment. Claims under Title to the highest bidder, regardless of ethical concerns.5 the portrayal of lawyers in film or the evolution of legal ethics, this correlation presents. personal ethical issues, such as balancing work-life demands and drinking on position with Bendini, Lambert, & Locke (the law firm), the business Finally, it is revealed that only 30% of the firm's clients are real people, some of the undying trust and loyalty (rooted in fear) before revealing the firm has strong links to the.
For an article on this topic, see " The Stolen Generation. Both sides behave brutally and become brutalized.
With the announcement of the Anglo-Irish Treaty inthere is initial rejoicing. But the situation soon turns into a civil war: Zulu Based on a true story, the film shows the Battle of Rorke's Drift, when around British soldiers stationed at a remote missionary outpost faced an assault from 4, to 5, Zulu warriors.
Though seen from the British point of view this is a rousing tale of heroism on both sides, as well as a portrait of individuals, both good and bad, who did the work of imperialism in far-flung parts.
The Lives of Others Taking place in East Berlin both before and after the fall of the Berlin Wall, this subtle and gripping film tells the story of a playwright and his actress girlfriend and the Stasi agent assigned to spy on them. It lays bare their secrets, moral choices, and compromises, and the changes they and their society go through. Triumph of the Will Probably the most famous propaganda movie ever made, this film documents the Nazi Party Congress and in Nuremberg in Hitler commissioned it and plays a starring role.
War Room tries to stop him. The film, says Gregg, "provides a veritable clinic on deterrence theory, the problems of command and control, and that high-wire act known as crisis decision-making.
Due to a technical failure, U. The Fog of War: Eleven Lessons from the Life of Robert S. McNamara Documentary, In a series of interviews, former U. Secretary of State McNamara reviews his life, focusing on the difficult decisions he made and the lessons he learned from the failure of the Vietnam War. Thirteen Days A re-creation of the 13 tense days of the Cuban Missile Crisis, from the perspective of President Kennedy, his advisors, and military commanders, Thirteen Days portrays the hawks in the military as nearly as much of a threat as the Soviets.
For more, see Scahill's talk at Carnegie Council. The Gatekeepers Featuring interviews with six former heads of Shin Bet, Israel's secretive security agency, this documentary sheds light on the group's role in the Six Day War and other significant and controversial events in the Middle East. The Good Shepherd Following 35 years in the life of a character who joins the CIA at its founding after World War II and becomes a star counter-intelligence agent, The Good Shepherd presents an unromantic picture of a career in espionage.
The Green Prince This documentary tells the story of Mosab Hassan Yousef, the son of one of Hamas's founding members, who, shocked by the Palestinian militants' ruthless tactics, becomes a spy for Israel. Missing After the kidnapping of U. Along the way, they discovered evidence suggesting the involvement of the CIA in the coup, as well as in Horman's disappearance. Based on a true story, this film urges viewers to consider the dark side of U. Shortly after his death, it was reported that the official had been secretly involved in training the military and police in counterinsurgency tactics, including torture.
State of Siege, based loosely on this episode, sympathizes with the guerillas' actions. Three Days of the Condor A thriller about a CIA agent who learns of a secret CIA plot to infiltrate and destabilize the Middle East and who becomes a target as a result, this film illustrates the dangerous consequences, globally and domestically, of corruption in the American intelligence agency.
Who can display the work publicly. Who can distribute the work. Many times, a work is not owned by an individual but is instead owned by a publisher with whom the original author has an agreement. In return for the rights to the work, the publisher will market and distribute the work and then pay the original author a portion of the proceeds.
Copyright protection lasts for the life of the original author plus seventy years. In the case of a copyrighted work owned by a publisher or another third party, the protection lasts for ninety-five years from the original creation date.
For works created beforethe protections vary slightly. Obtaining Copyright Protection In the United States, a copyright is obtained by the simple act of creating the original work. In other words, when an author writes down that song, makes that film, or designs that program, he or she automatically has the copyright. However, for a work that will be used commercially, it is advisable to register for a copyright with the US Copyright Office. A registered copyright is needed in order to bring legal action against someone who has used a work without permission.
First Sale Doctrine If an artist creates a painting and sells it to a collector who then, for whatever reason, proceeds to destroy it, does the original artist have any recourse? What if the collector, instead of destroying it, begins making copies of it and sells them? The first sale doctrine is a part of copyright law that addresses this, as shown below : The first sale doctrine, codified at 17 U.
So, in our examples, the copyright owner has no recourse if the collector destroys her artwork. But the collector does not have the right to make copies of the artwork. Fair Use Another important provision within copyright law is that of fair use. Fair use is a limitation on copyright law that allows for the use of protected works without prior authorization in specific cases.Legal vs Ethic (with examples)
For example, if a teacher wanted to discuss a current event in her class, she could pass out copies of a copyrighted news story to her students without first getting permission.
Fair use is also what allows a student to quote a small portion of a copyrighted work in a research paper. Unfortunately, the specific guidelines for what is considered fair use and what constitutes copyright violation are not well defined. Fair use is a well-known and respected concept and will only be challenged when copyright holders feel that the integrity or market value of their work is being threatened. The following four factors are considered when determining if something constitutes fair use: If you are ever considering using a copyrighted work as part of something you are creating, you may be able to do so under fair use.
However, it is always best to check with the copyright owner to be sure you are staying within your rights and not infringing upon theirs. But it was not always this way.
The first US copyright law, which only protected books, maps, and charts, provided protection for only 14 years with a renewable term of 14 years. Over time, copyright law was revised to grant protections to other forms of creative expression, such as photography and motion pictures.
Congress also saw fit to extend the length of the protections, as shown in the chart below. Today, copyright has become big business, with many businesses relying on the income from copyright-protected works for their income. Many now think that the protections last too long. Because of this term extension, many works from the s and s that would have been available now in the public domain are not available.
Evolution of copyright term length. Tom Bell The Digital Millennium Copyright Act As digital technologies have changed what it means to create, copy, and distribute media, a policy vacuum has been created.
Ethics on Film
The anti-circumvention provision makes it illegal to create technology to circumvent technology that has been put in place to protect a copyrighted work. This provision includes not just the creation of the technology but also the publishing of information that describes how to do it. While this provision does allow for some exceptions, it has become quite controversial and has led to a movement to have it modified.
This is the provision that allows YouTube, for example, not to be held liable when someone posts a clip from a copyrighted movie. YouTube Copyright Infringement Notification. Many think that the DMCA goes too far and ends up limiting our freedom of speech. For example, in discussing the anti-circumvention provision, the EFF states: Yet the DMCA has become a serious threat that jeopardizes fair use, impedes competition and innovation, chills free expression and scientific research, and interferes with computer intrusion laws.
If you circumvent DRM [digital rights management] locks for non-infringing fair uses or create the tools to do so you might be on the receiving end of a lawsuit. Creative Commons In chapter 2, we learned about open-source software. Open-source software has few or no copyright restrictions; the creators of the software publish their code and make their software available for others to use and distribute for free.
We are pleased to present the only four movie critiques that Messrs. Kel and Burt ever wrote on movies involving civil, rather than criminal, litigation.
Ethics on Film | Carnegie Council for Ethics in International Affairs
We hope that you appreciate as much as their reader did their competing styles that merge to provide a bounty of dry wit and a morsel of hidden legal prowess revealed by their application of the Model Rules of Ethics the Rules to the challenges regularly faced by attorneys engaged in civil litigation, as depicted on celluloid.
After being given the nod, Brockovich engages in a variety of actions while on questionable ethical footing under the Rules. Do the moral considerations, the possibility of a cover-up, and the personal conviction of helping endangered, innocent people rescue Masry from sanctions under the rules? Would the decision in Jorgensen v. By not informing Brockovich that her conduct might be proscribed conduct under the Rules, does Masry tacitly ratify her conduct, subjecting himself to discipline under Rule 5.
Will her actions come back to haunt Masry? Does the use of her maiden name instead of her legal name on the sign-in sheet violate Rule 8. See whether Brockovich improperly solicit clients for Masry as she personally goes to see Pamela Duncan, in apparent violation of Rule 7.
In a thrilling plot twist, Brockovich drags Masry with her into greater peril under Rule 5. By providing legal counsel to Duncan, Brockovich brings suspense and drama to the film as one questions whether she will be prosecuted for the unauthorized practice of law, in possible violation of Section of the California Business and Professions Code.
An unintended consequence of her actions, however, is that Masry could be professionally disciplined under Rule 5. Will the fact that Brockovich was a gifted counselor who could connect with Duncan better than Masry allow Masry to exercise his professional judgment to appropriately give Brockovich the latitude to counsel Duncan while under his supervision?
But, one thing is certain: One can only hope that Roberts will reprise her role as Erin Brockovich, which I am willing to boldly predict earns her an Academy Award for this film. The Rainmaker — Review by C. Before he tries a case of a lifetime, attorney Deck Shifflet Danny Divito teaches him the ropes. Deck takes Rudy to the trauma center at a local hospital for his first lesson: Rudy and Deck visit several patients.
Insurance companies are afraid of us. They seemingly will hit a jackpot if they gain this patient as a client, but will their luck run out if their conduct is unethical?
Here, Deck solicits professional employment from the patient because the patient may have a valuable case. His conduct seemingly violates Rule 7. It applies universally to all prospective clients, even in professional settings. Bar counsel pursue sanctions against attorneys who violate Rule 7. Class Action — Review by ee Burt The film Class Action is a dramatic portrayal of litigation, discovery, and a trial arising from horribly tragic deaths caused by explosions of cars designed by the fictitious Argo Motors.
The film presents corporate cover-ups and destruction of evidence that require the defense attorney, Maggie Ward, elegantly played by Mary Elizabeth Mastrantonio, to evaluate her legal ethics as an associate vying to make partner at a preeminent law firm. As if having to decide between ethical legal practice and her career was not enough, the tension in the film builds when Maggie Ward learns that her opposing counsel is her estranged father, Jedediah Tucker Ward, played by the venerable Gene Hackman, star of such classic films as The Birdcage, Heartbreakers, and Welcome to Mooseport.
This plot device adds another layer of conflict and emotion to an already explosive situation. Frustrations boil over and ethical issues percolate in a particularly exhilarating courtroom scene, where Jedediah moves to compel the defendant to supply the names and current addresses of all Argo employees who worked on the design of the subject vehicle during a relevant period.