Depression The Best Course of Action - 2068 Words

Depression: The Best Course of Action Many people occasionally feel â€Å"the blues†, but luckily, it is usually temporary. Unfortunately, â€Å"temporary† is not always the case. As characterized by the National Institute of Mental Health, â€Å"a combination of symptoms that interfere with a person’s ability to work, sleep, study, eat and enjoy once-pleasurable activities† is defined as depression (â€Å"Depression†). Depression is an extremely common, widespread â€Å"psychoneurotic disorder† that affects 13 to 14 million adults in the United States each year (DeRubeis, Siegle and Hollon). Among a list of symptoms provided by the National Institute of Mental Health, difficulty in thinking, â€Å"empty† feelings, hopelessness, loss of interest, and in more severe†¦show more content†¦The FDA responded to this study in 2004, when they issued a Black Box Warning, warning antidepressant users of it’s potential harmful, or fatal, side effects (Harvard Medi cal School). Since the Black Box Warning, many people diagnosed with depression have been looking for alternative routes of treatment to take to avoid the use of prescription medication and avoid those unsafe side effects. As a response to this, several different types of therapies have emerged to counteract the need for prescription medication. Although these types of therapies have been around for the same amount of time, if not longer, they have never been truly seen as treatment for a psychological disorder such as depression. However, recent studies have proven that therapy is more effective than medication in several different aspects, such as short-term/long-term use, and on mental health. The most widely practiced therapy used for treatment of depression is cognitive-behavioral therapy. As stated by UCLA professors Hazlett-Stevens and Craske, published authors in the Handbook of Brief Cognitive Behaviour Therapy, â€Å"cognitive therapy techniques were developed and eve ntually integrated with behavioral approaches to form cognitive-behavioral treatments.† This integration formed a therapy that not only diagnoses the mental problem causing the issue, a cognitiveShow MoreRelatedA Day Away From Her Final Exam1489 Words   |  6 Pagesthe semester. She would not have expected two of her brightest students to commit such an act of dishonesty. As Dr. Lopez continues to ponder the circumstances, she recalls that there were signs of Jessica slipping into depression. As a young adult, Dr. Lopez struggled with depression, so she knows the signs and what Jessica is going through. Dr. Lopez knows the impact of failing Jessica will have on her future. However, she is very concerned about the spiraling downfall of Jessica’s mental healthRead MoreThe 1930S, Also Known As The Era Of The Great Depression,968 Words   |  4 PagesThe 1930s, also known as the era of the Great Depression, was a hard time not only in the United States, but all through out the world. However, the United States was not just struggling financially, but had conflicting morales. During the Great Depression, the United States had two different presidents, Herbert Hoover and Franklin D. Roosevelt. These two presidents have very different opinions on how to try and bring the United States out of the Depression. Herbert Hoover wanted to limit governmentRead MoreThe Ethical And Legal Dilemmas That Ms. Burrows1167 Words   |  5 Pagesintentional fraud. Another fraudulent action committed by Ms. Burrows was billing under the depression codes but not having treatment plan connected to depression. Miscoding for the purposes of billing is insurance fraud (Lane, 2014). Section #2 The six basic moral principles: autonomy, non-maleficense, beneficence, justice, fidelity, and veracity (Corey, 2015). This case suffered from non-maleficense because Ms. Burrows was saying she was providing treatment for depression without doing so, thereby causingRead MoreCore Values That Caused Columbine, By Dylan Klebold1306 Words   |  6 Pageschanged Columbine because knowing ones core values can help determine what that person could be struggling with, such as depression and suicide in Dylan Klebolds case. The most important information about suicide is acknowledging that stigmas concerning mental illness prevent treatment for individuals in need. This would have changed the events of Columbine because depression could be more effectively treated if others were more aware of its characteristics, not only helping the person but in aRead MoreECT as an Effective Treatment for Self Harm1329 Words   |  6 Pagestreatment should be used if it could make the difference of life or death in a patient. Studies by Watchtel et al., Dean, and Kellner et al., demonstrate how ECT can be effective for patients who commit self-injurious actions due to various behavioural disorders such as autism, depression, and bipolar disorder. Thus ECT is justifiable if used in extreme cases such as these, and this method is ethically-sound even if these patients did not give their personal consent, because they are not mentally stableRead MoreDepression Symptoms And Effects Of Depression1497 Words   |  6 Pagespsychopath, sociopath, schizophrenic? What about depression? It the largest psychological illness worldwide, affecting 5-15% of the adult population in the United States and around 13% of it’s teens. The numbers change to favor girls in their teen years,12-15, as their chances to adapt it rises 300% and stays the same when compared to teen boys. The effects of depression vary according from its severity, reason, or lasting to the person. Having depression doe sn t stop a person from functioning, butRead MoreThe Bell Jar By Sylvia Plath942 Words   |  4 PagesEsther’s depression is a key factor in the development of her relationship with many characters in the novel, The Bell Jar. Esther is mentally and emotionally different than a majority of the people in her community. As a result of this state, she often has difficulty taking criticism to heart. Her depression continues to build throughout the novel as she remains in the asylum. It does not help that she has no aid from her loved ones. In the novel, The Bell Jar, Sylvia Plath utilizes the relationshipsRead MoreDepression593 Words   |  3 PagesSolicit from a health awareness pro assistance. Dont put off wanting assistance and finding out what causes depression; the longer you encounter depression, the longer it will take to battle the issue. Your specialist will first check to determine your indications are not brought about by a underlying restorative condition. Once diff erent potential outcomes have been discounted, your specialist may point you to a mental health expert who will examine your side effects with you. He will then utilizeRead MoreHigh School Diploma Should Not Required A Gym Credit949 Words   |  4 Pagesdisabilities that can limit their physical activities, which leads to some not achieving the grade that they had hoped for. Less athletic and overweight children have a higher chance of being targeted due to their actions and abilities, which can lead to bullying and possibly depression. If gym class wasn’t mandatory, more people would participate and feel comfortable. Also, there would be a friendly competition among the students because they would want to be there to participate in the games. SchoolRead MoreThe Yellow Wallpaper By Charlotte Perkins Gilman885 Words   |  4 Pageswhat was most likely post-partum depression. As the story progresses, one can see that she is not receiving proper treatment for her depression and thus it is getting worse. Gilman uses the wallpaper and what she sees in it to symbolize her desire to escape her depression and the controlling nature of the patriarchal society of the twentieth century. The story shows an inside look into the thoughts and feelings of a person with a mental illness such as depression. Gilman also uses symbolism to showcase

Analysis Of The Article Hidden Intellectualism

Have you ever read an article and thought â€Å"Wow that is exactly what I have thought†? In reading â€Å"Hidden Intellectualism† I was able to identify with that statement. Mr. Graff argues in this article that the literature the highly educated world considers intellectual material worthy of analysis is not always the best choice for all students. It is better for a student to read and analyze a topic or material they are interested in because then they will give more consideration to the argument and the way it is written. I believe that Mr. Graff’s argument has merit and was pleased to read his article. In this article the author took what I felt was a very passive, non-threatening tone with the topic, making you feel more relaxed and more prone to listen to his argument. Mr. Graff chose to use a first-person plural tone in his article, this in my opinion makes it more relatable to all people, but I feel is more specifically aimed at educators and intellectual teachers. He related his argument to his own childhood which again endeared me to the author and the argument. He used personal references along with topical references from the era of his childhood, making his argument more personal. The author was able to make his argument using his love of sports and the magazines from his time that allowed him to analyze those sports and create far more compelling arguments than that of the tried and true â€Å"intellectual† literature of old. He also used his surroundings growing up and howShow MoreRelatedAnalysis Of The Article Hidden Intellectualism By Gerald Graff Essay1642 Words   |  7 Pages1 In the time surrounding the 1950s, intellectualism was hostilely viewed by most, and was a subject towards which division and ambivalence were pointed. Book-smarts and intellectualism were contrasts to regular life. The article â€Å"Hidden Intellectualism† is written by a man named Gerald Graff, an English and Education professor at the University of Illinois in Chicago. In his article, Graff argues with a compelling case, that not only is intellectualism found in the academic world, but can alsoRead Moreâ€Å"There Must Be Many Buried Or Hidden Forms Of Intellectualism1360 Words   |  6 Pagesâ€Å"There must be many buried or hidden forms of intellectualism that do not get channeled into academic work†¦Ã¢â‚¬  (Graff 22), this said by non-other than Gerald Graff himself within his article â€Å"Hidden Intellectualism†. This quote being his overall main point of the entire article. Graff meaning that students can be intellectual even if they feel like they aren’t a book smart student. Graff argues that students who are street smart could also be intellectual. Within Graff’s article, there are a few argumentsRead MoreEssay on Incorporating the Best of Both Worlds1371 Words   |  6 Pagesone who knows what is going on in the world, and one who knows how to handle different situations. On the other hand, a person with book smarts is defined a one who excels in academia, but not when it comes to common sense or reality. In â€Å"Hidden Intellectualism,† by Gerald Graff, author of They Say I Say and professor of English at the University of Illinois in Chicago, argues many different points on the two. With his many distinctive arguments throughout the reading I coincide with Graff when heRead MoreRichard Graff s Hidden Intellectualism By Gerald Graff1333 Words   |  6 PagesIn â€Å"Hidden Intellectualism† by Gerald Graff, the author speaks about how schools should use students’ interests to develop their rhetorical and analytical skills. He spends a majority of his essay on telling his own experience of being sport loving and relating it to his anti-intellectual youth. He explains that through his love for sports, he developed rhetoric and began to analyze like an intellectual. Once he finishes his own story, he calls the schools to action advising them to not only allowRead MorePersonal Narrative : Hidden Intellectualism, By Gerald Graff1424 Words   |  6 Pagesaren’t the only advantages it brings to a person. Actually, I can strongly state that it drastically improves one’s academics. In Gerald Graff’s article Hidden Intellectualism, the author explains how his passion, American football, has as well developed his intellect. He indeed describes it as â€Å"full of challenging arguments, debates, problems for analysis, and intricate statistics† (398). So how can procrastination as passion improve one’s work-ethics? Some advocates of early and well organized workingRead MoreRhetorical Analysis Of Dr. Gerald Graffs Hidden Intellectualism890 Words   |  4 Pagesfrom resources that they enjoy? This is exactly the argument Dr. Gerald Graff makes in his article Hidden Intellectualism, where Graff attempts to convince teachers to broaden the scope of school curriculum to accommodate street smarts and more popular topics. To persuade teachers that this method of teaching is effective, Graff uses personal anecdotes, diction, ethical strategies, and reasoning in his article. The majority of the essay consists of Graff speaking about his own experience of strugglingRead More Gerald Graffs Hidden Intellectualism Essay1644 Words   |  7 PagesCo-author of â€Å"They Say/I Say† handbook, Gerald Graff, analyzes in his essay â€Å"Hidden Intellectualism† that â€Å"street smarts† can be used for more efficient learning and can be a valuable tool to train students to â€Å"get hooked on reading and writing† (Graff 204). Graff’s purpose is to portray to his audience that knowing more about cars, TV, fashion, and etc. than â€Å"academic work† is not the detriment to the learning process that colleges and schools can see it to be (198). This knowledge can be an importantRead MoreCheating by Technology in National Examinations-Kenya4041 Words   |  17 Pagesof the test to send to friends and 20 percent search the internet for answers during a test using their phones†¦.Over half of the student poled, 52% admitted t o some form of cheating using the internet. Further a field; the Asia times online on an article titled cheats go Hi-tech, reads. â€Å"The spies were not trying to steal state secrets, they were students using cutting edge spy ware to cheat in make or break national-college entrance examinations† typical of the KCSE in Kenya. The emphasis put onRead MoreIntercultural Communication of American Tv Series in China6643 Words   |  27 Pagestechnology. TV series, which is a particular type of mass media, with its history, background information and further analysis has been the main force of mass media on TV screen. The research project describes the cross-cultural communication process of American TV dramas in China, summarizes the cause of its popularity as well as its effect on Chinese TV drama production. This article will interpret the main theme of the United States---cross-cultural communication of American TV series in China â… ¢Read MoreHorace Gregory s Short ( But Perfectly Formed D. H. Lawrence : Pilgrim Of The Apocalypse10205 Words   |  41 Pagesto this point is documented by Jessie Chambers. Within her chapter ‘Literary Information,’ she details the reading course that she and Lawrence embarked on. It is as eclectic as it is varied. Her intention is not to demonstrate Lawrence’s intellectualism but to explain how through his reading he ‘seemed to be groping for something that he could lay hold of as a guiding principle in his own life. There was never the least touch of the academic or the scholastic in his approach.’ But, on theories

Factors Affecting Food Selection free essay sample

Adolescence is the time of an individual’s life, in which the body changes drastically. It is a time of physical, psychological, cognitive, emotional and social development. This occurs during the ages of 13-19 and even to the age of 21. During this time frame, children begin developing their adult characteristics, and new roles in life. In this time of radical change to the body, it is important to maintain a healthy diet to avoid various serious eating disorders, such as: Obesity, coronary heart disease, cancer, stroke, type 2 diabetes and many more. As the body begins to grow larger, more energy is required to maintain it. Therefore an increase in food consumption is key sign that development is taking place. So as previously stated, a healthy diet is required to aid adolescence and promote growth. But what is eating healthy? It is recommended that an individual going through the adolescent changes in the body consumes three meals a day, with snacks throughout. It is recommended that there is an increase in fibre within the diet, and a decrease in salts. Decreases in high sugar drinks are also recommended, and water should be consumed more regularly. An adolescent should also avoid red meats and begin eating more white meats and fish, as well as choosing more lean cuts. Eating carbohydrates is also a key part in promoting the development of a teenager. All of these recommendations should also be followed by a regular exercise routine to maintain health, and continue promoting development. Although there are guides put in place to ensure that the basic dietary requirements of an adolescent there are many factors that affect the choices of the individual, and the basic needs of the body can sometimes be unmet. These factors can fall under 4 groups, social affecting the choices most heavily. Peer pressure falls under this group and affects a great number of teens. These affects can lead to many disorders, such as anorexia, and on the other end of the scale, obesity or diabetes. The other types of factors that can affect an individual’s growth during adolescence, these include physical factors, psychological factors and economic factors. During this time of an individual’s life, it can be hard to track and maintain their intake in food consumption, as they eat most of their meals out of home, compared to children. For example, when teens go out to the mall with their friends and are limited to the places they can purchase food from. There choices are further limited by peer pressure, such as if the majority of people wish to go to a specific food outlet, it is more likely that the whole group will follow and also purchase from there. Also being a teen means you have a limited supply of money, so usually fast food is very popular for adolescent teens, though this is not healthy and does not have all the nutrients to support a growing teen. Also, if an individual is on a diet they are more likely to go to an outlet that sells healthier options of food, such as sushi. These are just a few ways that factors can affect each other. But the factors on their own can be highly influential on food choices by adolescents, both male and female. Psychological: Psychological factors influence your food choices from a mental and emotional point of view (How you think, how past experiences have affected your judgment etc. ). The way you think and feel heavily affects your food choices, and can be altered through experiences, personal interests, passions, habits and values as well as the lifestyle of the individual. The way in which these factors affect you can be very personal, and therefore vary from person to person. For example, a person whom works at a slaughter house may be less likely to eat meat than a normal consumer who isn’t involved in the process between the animal and the product they purchase in store. Some of these values people hold can also derive from an individual’s culture and background, which can be influenced heavily on the religion of the person or family. People all around the world have to follow food restrictions as part of their religious culture, though these restrictions do not stop an individual from following a healthy and balanced diet. For example, the Jewish/Islam do not eat pork or anything from the sea, unless it has fins and scales as they have a very strong belief that these foods are ‘unclean’. Other religions could even require a fasting, where food  isn’t eaten for a certain amount of time. These religious demonstrations are often to develop spiritual discipline. Some of these religious beliefs are extremely strong, and if not followed can lead to punishment. Though an individual’s beliefs can be challenged and changed, unlike values, which remain unchanged. Values are the strong feeling carried by an individual which remain unique to them and are personal. Values are so strong that they cause an individual to take action and change their behavior. As previously stated, values can be affected by the background of the family, or the upbringing they received. Experiences can also alter an individual’s values, though being young, an adolescence values and beliefs will still be changing up until adulthood. An example of values affecting am individual’s food choices, are people who are conscious about the environment, and may steer away from purchasing over packaged foods. Attitudes adolescence carry, change their behavior towards their food choices, some of these attitudes include their class, or what standard of food they feel is right for them. This idea of status does not really affect teens, as they generally eat the same foods. Habits that an adolescence has built over their early life, will carry through their teen years, and even their adulthood. A habit is a process that we do without thinking, as if it is a natural process to us. Sadly, for a large percentage of young individuals, habits are unhealthy, and need to be identified in order to adapt our diets and lead a healthier life. Some habits are quite simple, but over time lead to excess intake, or in some cases, under nutrition. Habits can be simple things, such as using too much salt, sauce or even drinking excess soft drinks, rather than water. The biggest affecting factor to teens in the 21st Century, is self-concept. The way in which an individual sees themselves, and how others will judge them by how they look. One of the saddest things of our generation, is that people do judge others on how they look, pushing this idea of self-concept out of proportions. Being unhealthily skinny, is the new healthy, though this is not true. This factor is driven by peer pressure, and changes the way we picture ourselves. We judge ourselves on how we believe we look, how rich/poor we are, how well we dress ourselves, our talents etc. From child hood, we begin to develop our idea of our self-concept, and from the age of 11, we become more dissatisfied with our bodies and will continue to until out mid-twenties. Self-concept affects women more than it does men, though our ideas of self-concept are constantly changing. An issue in Australia is that of over eating. This can be due to the fact that the individual is simply bored, and eating is helping occupy the time. Other reasons could be the mood of the individual, or the emotional state they are in at the time. Teens choose to â€Å"comfort† eat, depending what mood they are in. This can help fill the emptiness they feel. However, others choose not to eat if they are in a negative emotional state. All of these can lead to various diseases, and disorders, ranging from obesity, to anorexia and bulimia. Physiological: Physiological factors, are the factors in which affect our desire and need of food physically. There are many ways in which this factor can affect our choices of food. Hunger being one of them, and during the time of adolescence, an individual will become increasingly hungry, as the body requires more energy and essential minerals/nutrients to both function correctly, and promote growth. Hunger, however, can be affected by appetite. One of the issues in teens, is of over-eating, where even though they are full and no longer feel hungry, they desire more food. Appetite can be triggered in various ways, such as the scent or smell of appealing foods, or even the mentioning of food in a conversation. The difference between hunger and appetite however, are that if appetite is left unsatisfied, the craving of food will eventually go away, whilst hunger will still leave you with the feeling of pain and weakness. In order to keep a healthy body, we must balance our nutrition, with our level of activity. For example, an individual whom stays home and plays video games, should avoid eating high sugar foods, or high saturated fats. While an individual who regularly partakes in sporting events should keep their hydration regulated, and eat a balance of simple and complex carbohydrates, depending on their post/pre event schedule. They should also eat the vitamins and minerals they require to repair the body after intense exercise. Adolescents especially, must pay close attention to their intake, as they need to ensure they are getting enough of their requirements to both cover for their level of activity, and enough to promote their growth. Economic: Economic factors affect an individual’s choices in food selection globally. Economic factors affect teens greatly in 3rd world countries, as many adolescents go their day-to-day lives under nutrition. This is due to the fact that they cannot afford to purchase the food that they require, or lack the required skills, utilities, tools and land to be self-sufficient. They are unable to function to full capacity, reducing their ability to learn at school. This leads to the individual having a low paying job. Also, the lack of essential nutrients leads to their immune systems being weaker, reducing the efficiency of their work. In turn, this reduces their income, and the cycle starts over as the next generation of the population are born. Economic factors affecting adolescents in Australia however, are not as drastic, or it may seem this way. Though Australia seems like a rich country, we often overlook the issue of poverty, as we do not see it as a big issue. However, the Australian Council of Social Service and the Social Policy Research Centre, estimated that 12. 8% (2,265,000 People) of the Australian population live below the poverty line, 575,000 of these people are adolescents. These statistics are eye opening, as the issue of poverty is very well hidden within Australian society. It Although generally, the population of Australia, has enough money to have the required intake they require, and more often, more than they require. This is causing an increase in overweight Australians, and in many cases, obesity. This is even happening in the teens of Australia, though not always the adolescents fault. The parent may only have enough money to purchase unhealthy foods, or may simply just not know any better. According to a study by the Australian Securities and Investment Commission, the average household with an adolescent child, spends $314 a week on food and drink. Shockingly, a study by the Australian Institute of Health and Welfare, found that only 5% of Australians aged 12-24 met the dietary guidelines in 2007 and 2008. So what economic factors affect a teens food choices? The cost of food is one of the biggest contributors to an individual’s choices. When a teen goes out with his friends, he is more likely to buy the $2 cheese burger from McDonalds, than the $10 sushi. Generally, the unhealthy options are cheapest, as they are easy to produce and do not include and high quality ingredients. The price of food affects what the individual will purchase, and also the amount of the item that will be purchased. The place of purchase also affects the choices made by the customer. As stated above, a teen is more likely to buy  fast food, over purchasing quality, healthier options, due to the significant price differences. The availability of foods also affects the choices made, as if an item is not in season, the price will be much higher, as the supply is limited and the demand greater. So during different seasons, a teen may be more likely to choose one food over anther, depending on its availability. Social: The societies in which we live in today , all have an effect on our food choices. Not just our own society, but society’s world-wide, spread their own culture which inevitably alters our choices on our dietary intake. Cultures all around the world spread their traditions and heritage, selling their foods where it would not normally be found. In our society, those foods are ‘exotic’ and exciting. These exotic foods being exciting in nature, attract adolescents, as they feel the need to experiment. Teenagers have an increased interest in experimenting different foods, unlike childhood where the individual can be found fussy. Some examples of social foods include Thai, sushi, Mexican, Italian etc. Adolescents not only have an increased interest in trying these socially adapted foods, but they also like to socialize while doing so. It is not uncommon for a group of adolescents to go out for dinner together, generally to these more exotic outlets. As previously stated, the sad truth is that we do live in a society that does judge us on what we look like, what we wear, our personalities, and even what we eat. This adds pressure to teens when they choose where they wish to purchase their meal. The media in the 21st Century, has had the biggest input on all of the factors affecting an adolescents food choices. The media places many pressures on us, such as how we should look, as they show half starved ‘models’ on TV, and even where we should eat. By heavily advertising certain food outlets, we are being subtly brainwashed, and have an increased interest in eating from the advertised outlet. We are exposed the food media in a variety of ways, such as TV, newspapers, radio, the internet, advertisements before a movie starts, and even advertisements during a movie. When a character in a movie drinks, or eats on camera, they always have an element of advertising, whether it be part of a logo, or even the brand somehow fitted into the script. Teens enjoy going to the movies with their friends for a social outing, so these forms of advertisements heavily affect a teens food choices. The way in which food is advertised, gives a sense of happiness, health and fun, even though quite often this is not the fact, as food is often advertised with very low prices. It seems very appealing to a teen, who probably does not have enough money to be buying the more expensive, healthier alternatives. People’s lives today, are much busier than they once were (School, homework, assignments, part time jobs etc.) leading to an increase of informality in the consumption of food at home. Where once the family would gather for a social meal, and engage in conversation whilst eating a well prepared meal, they now grab something quick and easy from a take-away venue. This not only leads to a decrease in social skills, but also a decrease in general health, as unhealthy food options are consumed. All teens long to belong, or to feel accepte d, and a great way to do this is through food. Food for adolescents is a social occasion, where relationships can be built and strengthened. The issue with this, is that peer-pressure is one of the biggest affecting factors of food choices for teens. Therefore they are more likely to follow their friend’s diet, rather than one their parents brought them up with. The choices they follow are more likely to be unhealthy. To conclude, there are many factors that change the way an adolescent thinks about food, which in turn adapt and change their choices of food. These food choices can impact their lives positively, though more often negatively. The negative consequences need to be avoided to lead a healthy, stable life. Adolescents need to pay more attention to their dietary intake, and need to be aware of the factors that influence their food choices, and not be overcome by them. An adolescent needs to put into mind, that their body is growing, and they need to help this development by balancing their diet, and accordingly, their activity level. As Australia is becoming a ‘bigger’ country, both in population and average weight, the problem of over eating must be dealt with. Through correct education of dietary intake, we can change the worrying increase in the average size of the population. Although under eating must not be ignored either.

Stay on the Write Side of the Law Steer Clear of Publishing Woes - The Writers For Hire

STAY ON THE WRITE SIDE OF THE LAW: STEER CLEAR OF PUBLISHING WOES A long time ago in a galaxy far, far away. there was a copyright lawsuit between Star Wars and Battlestar Galactica. Stars Wars had captured the hearts of adoring fans across America, and Universal Studios wanted to jump on that bandwagon, so they launched Battlestar Galactica. But Star Wars execs saw one too many similarities in the Battlestar Galactica storyline, and the lawsuit landed in federal court.Battlestar Galactica was cancelled and the parties settled out of court, but the case illustrates the ever-present battle against copyright infringement. That phrasecopyright infringementmakes writers cringe. After all, you don’t want to land in court just for doing your job. But you need to do your job within the bounds of the law, even though you may not exactly know the specifics of that law. Read on for a quick romp through media law*, and take the first step to protecting yourself against legal missteps. For the Record You can only type so fast. In interviews, it’s inevitable that you’ll miss jotting down one thing or another. So recording interviews isn’t really optional; it’s proper professional form. Fortunately, the law is usually on the side of writers using recording devices. You can usually record, film, or broadcast any conversation if all parties consent. If you’re conducting an in-person interview and your recording device is in plain view, that equates implied consentin other words, you’re standing (or talking) on firm legal ground. Phone conversations are a little more nuanced. Federal law requires only one-party consent to recording a phone conversation, unless the purpose is criminal or tortious. That one party can be the writer who is recording. Many states have similar standards. For instance, Texas requires the consent of at least one party in an oral communication. In one-party consent states, this law would also allow a writer to record conversations in public. Beware, that calling a person in another state places you under the laws of that state. About a dozen states require two-party (or more, usually all parties to a conversation) consent to recording a conversation. So, unless you want to research the recording laws of each state before making a phone call, it’s best to just make it your standard practice to inform the other party that you’re recording the conversation. Texting Up Trouble Similar laws govern text messages or electronic communications. So what type of consent do you need before using quotes from electronic communications? â€Å"Wireless consent is ambiguous,† says Rick Walker, a Dallas-area attorney and Professor of Media Law and Regulation at the University of North Texas. â€Å"It depends on the facts of each circumstance.† Walker suggests that before you publish any wireless communications, you ask yourself questions like: Where did you get the wireless communication?Can you verify that the source is authentic?What is your intent with the communication? Is your intent to harass, embarrass, or defame someone? If so, you’re headed toward shaky legal ground.Is it public information or a private confidence? If it’s publicly disseminated on social media, then there’s no expectation of privacy.Is the person in question a private citizen or a public figure? In general, public figures should have less expectation of privacy than private citizens. Crossing the Legal Line If you secretly record someone, using a digital recorder or hidden camera, the person you recorded may lob trespass and intrusion of privacy claims at you. These claims are shakier if the recording takes place in an office or commercial establishment open to the public. But courts frown upon secretly recording people in their own homes, where they have a reasonable expectation of privacy. Celebrity wrestler Hulk Hogan became embroiled in one such famous controversy. Gawker posted a sex tape of Hogan aka Terry Gene Bollea, filmed without the celebrity’s consent. Bollea sued, won $130 million in damages, and single-handedly bankrupted Gawker. Even worse than civil litigation, wrongful recording could land you a felony conviction. In Texas, illegally recording an in-person conversation or electronic communication or disclosing is a felony offense. So, think twice before you attempt to enhance your book with a juicy expose obtained through secretly recording conversations. Sign on the Dotted Line Even if a source knows you’re recording the interview, you may need to go one step further to protect your back and your bottom line. Particularly with interviews for books, consider having your interviewee sign a release. If you discuss sensitive or controversial material, this becomes prudent. Having a well-written and signed release offers some protection against claims of libel or invasion of privacy, should your source decide that the published depiction is unflattering. A recording of the interview that supports your assertions offers additional protection. Many interview subjects do present special requestsperhaps wanting to read or edit your story before it is published, to remain anonymous, or have some comments kept â€Å"off the record.† Document any request or agreement you make with interview subjects, and abide by those agreements. Breeching such a spoken or written agreement could leave you liable for monetary damages. Note those Quotes And in quoting someone, make sure you avoid both plagiarism and copyright infringement. The ideas overlap similar areas of law and ethics. But plagiarism, as harrowing final exam warnings remind students, involves claiming someone’s work as your own, which is largely an ethical issue. Copyright, however, is protected by law. Holders of copyright own the rights to their work, including the rights to: reproduce the work, create derivative works based on it, distribute copies of the work, and publicly display or perform the work. When quoting, aim to precisely use the words of the quote. A writer must evaluate both the legal and ethical concerns involved in modifying quotes. â€Å"My opinion is that a journalist should never modify quotes,† Walker says, â€Å"The definition of modifying could be either unprofessional or illegal, depending on how much liberty the writer takes in modifying.† Walker asserts that though it’s not optimal professional form, modification is usually legal if it doesn’t materially alter a source’s statement. The Supreme Court weighed in on this issue in Masson v. New Yorker Magazine. That case involved an outspoken Mr. Masson, the director of the Sigmund Freud Archives. Masson became disenchanted with Freudian theory, was fired from his position, and subsequently granted an interview to the New Yorker Magazine. The writer paraphrased and inferred Masson’s rather unflattering statements, placing these paraphrases within quotation marks. Masson sued the magazine for defamation, while New Yorker argued that its statements were protected under the First Amendment. The Supreme Court disagreed, ruling that the First Amendment’s free expression clause does not protect distortions of quotes. Nevertheless, writers do have some leeway in printing material with minor factual inaccuracies. Under the substantial truth test, a writer can get away with conveying minor factual inaccuracies as long as those statements don’t materially alter the substance of the source’s communication. In addition to factual content, it’s just as import to maintain proper context for the quote. This rule trips up everyone from students to famous journalists. For instance, John Stossel anchored a story purporting that televangelist Fred Price misused funds intended for his religious organization. On the 20/20 piece, Price is shown saying, â€Å"I live in a 25-room mansion. I have my own $6 million yacht. I have my own private jet, and I have my own helicopter, and I have seven luxury automobiles.† Price did say these words. However, he said them during a sermon illustrating a hypothetical person whereas ABC insinuated that he was speaking of his own wealth. The inevitable lawsuit followed, and the parties settled out of court. If you’re worried about publishing a controversial story, remember that truth is a defense against defamation.Tweet this So, if you’re sharing factual, research-based claims, you’re protecting yourself against allegations of libel or slander. Stick to a Fair Use Policy Fair use allows limited use of copyrighted material without asking permission. If you’re commenting on, criticizing, or parodying material, it usually falls under fair use policy and you are not likely to be found liable for copyright infringement. The fair use statute looks at four factors in determining fair use: Purpose and character of the use (commercial, educational)Nature of the copyrighted workAmount of the work used in relation to the copyrighted work as a wholeEffect on market value of the copyrighted work. In the famous 1841 copyright case that provided the basis for Fair Use laws, Judge Joseph Story said, â€Å"Patents and copyrights approach, nearer than any other class of cases belonging to forensic discussions, to what may be called the metaphysics of law, where the distinctions are, or at least may be, very subtle and refined, and, sometimes, almost evanescent. But, to distill the message of the wordy Judge Story, what are those distinctions? How much copyrighted material can you quote before eclipsing fair use? Unfortunately, there are no firm guidelines. In general, the more material you use, the less likely it is to be considered fair use. If you’re eclipsing 50% of borrowed material, appealing to the same market as the original work, and negatively affecting the original work’s economic gain, crying â€Å"fair use† probably won’t get you far. On the other hand, if you quote only a small amount of material, use it in a work substantially different from the original, and appeal to a different market, you likely have a solid defense against copyright infringement. Finally, a Freebie Good news! There is one source that isn’t going to try to sue you for pulling its quotesthe public domain. The public owns these works, and anyone can use them without getting permissions. Works enter the public domain through: Copyright expiringCopyright owner failing to renew its copyrightCopyright owner placing the work in the public domainInapplicable copyright law The bottom line in principles of copyright law? The law is still evolving with a rapidly-changing digital media landscape. If you use third-party content without permission, you risk a lawsuit. But if you walk out your door in America, you risk a lawsuit. So adhere to stringent professional ethics, write or broadcast with integrity, and balance these principles with basic media law knowledge. Not only will you be able to look yourself in the mirror, you’ll put yourself in a good position to defend against possible claims. *The information presented here is intended for informational purposes only. Copyright law differs by state, and you should consult a knowledgeable copyright attorney with specific legal questions. The information presented here is not a substitute for consulting a licensed attorney for specific legal advice.