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Design Ethics and Legal issues in Design

There are many legal and ethical issues related to design. Who owns a design? Should all designs be implemented? Who is responsible? Can you copy or modify someone else's design without their permission? It is the responsibility of the designer to consider the social, moral and cultural aspects of their design.

Just consider some of today’s major issues and you will see that ethics, cultural appropriateness and legal responsibility is a complex matter. The manufacture and sale of guns, industrial practices leading to global warming and environmental damage, self driving cars, robotic automation taking human jobs, surveillance technology. Who decides what should be created and who gets to use it?

Ethical design means that the intent of the designer is to 'do good'. The work of designers impact the people who come into contact with their designs and as such designers can decide if their designs will be good for society or bad for society. Consider the following:


Non-Violence is a sculpture by Swedish artist Carl Fredrik Reuterswärd of an oversized Colt Python .357 Magnum revolver with a knotted barrel. Reuterswärd made this sculpture after singer-songwriter and peace activist John Lennon was murdered. What does this image have to say about the ethics of designers?

"When you are hired to design something, you are hired for your expertise. Your job is not just to produce that work but to evaluate the impact of that work. Your job is to relay the impact of that work to your client or employer. And should that impact be negative, it is your job to relay that to your client along with a way, if possible, to eliminate the negative impact of the work. If it’s impossible to eliminate the negative impact of the work, it’s your job to stop it from seeing the light of day. In other words, you’re not hired to just dig a ditch, but to evaluate the economic, sociological, and ecological impact of that ditch. If the ditch fails those tests, it’s your job to destroy the shovels. A designer uses their expertise in the service of others without being a servant. Saying no is a design skill. Asking why is a design skill. Rolling your eyes is not. Asking ourselves why we are making something is an infinitely better question than asking ourselves whether we can make it". (Mike Monteiro 2017)

Code of Ethics

The designer's responsibility to the community

3.1 A designer accepts a professional obligation to further the social and aesthetic standards of the community

3.2 A designer shall act in keeping with the honour and dignity of the profession

3.3 A designer shall not consciously assume or accept a position in which personal interests conflict with professional duty

The designer's responsibility to the client

4.1 A designer shall act in the client's interests within the limits of the designer's professional duties

4.2 A designer shall not work simultaneously on assignments which are in direct competition without informing the clients or employers concerned, except in specific cases where it is customary for the designer to work at the same time for various competitors

4.3 A designer shall treat all knowledge of a client's intentions, production methods and business organization as confidential and shall not, at any time divulge such information without the consent of the client. It is the designer's responsibility to ensure that all members of staff are similarly bound to confidentiality

The designer's responsibility to other designers

5.1 A designer must not attempt, directly or indirectly, to supplant another designer who has a firm commitment with a client in relation to a particular project

5.2 A designer shall not knowingly accept any professional assignment upon which another designer has been acting without notifying the other designer

5.3 A designer must be fair in criticism and shall not denigrate the work or reputation of a fellow designer

5.4 A designer shall not accept instructions from a client which knowingly involve plagiarism nor consciously act in a manner involving plagiarism

5.5 A designer should avoid the speculative or competitive provision of design services for a commercial client (referred to as free pitching).

https://www.design.org.au/code-of-ethics

Design is not a stand alone activity, it is closely connected to production, transportation, marketing and distribution. Once a design has been created the others follow and this can also be problematic in terms of ethics. Consider the following issues which can cause moral problems with designed products:

 

the use of pollutants and environmentally damaging processes, chemicals and materials in manufacturing.

products that encourage deforestation

the use of child labour in 'sweat shops'

the genetic modification of food products

the use of packaging to protect and advertise products

global transportation of products

the testing of products on animals

For more information look at: https://www.ethicaltrade.org/