Ethics and The Creative Industry

Ethics is applicable to every industry, and the creative industry is no different. While rules and guidelines are key elements in fostering a company’s culture, ethics also come in where laws and rules doesn’t necessarily apply. But how so?

While the creative industry is flexible and much more lay back, ethics can help you get out of some sticky situations. I have drafted a few scenarios below for you to follow along. If it applies to you then great, hope you’ll learn something from it as much as I did. If not, be open minded and read on.

Scenario #1
Can you work for rival companies?

In the United states, we have an “at will employment law” which as an active participant of the workforce, you should be aware of. This means that your employer can terminate you at any time, for any cause, with or without notice. An employer has every right to walk up to an at-will employee and say, “I don’t like that your favorite color is purple. You’re fired.” There are very few, if any, remedies for you, unless your employer did something to violate your employee rights or broke labor laws (1).

With that in mind, let’s say you decide to work for two rival companies, Apple and Samsung for the heck of it, is it legal? uh…. yea. It’s a free country you’re at will. Is it ethical? Now that is where things get shady. Knowing these two power houses have been going at it lately both in the court and commercially, is it advisable to work for them? Let’s say you were successfully hired and they are unaware that you are working for their arch nemesis. What do you think will happen when they find out? It wouldn’t be a surprise if you get fired. Is it unfair? maybe, but legally they are able to let you go in our at will work environment.

Scenario #2
Can you have the exact same artwork published in two magazine at the same time?

I have seen this on multiple occasions. Creatives are always excited to share their art with any publications. Any publicity is good publicity. Is it illegal to submit the exact same work to two separate magazine companies? Absolutely not. However, Editors love to have unique arts in their repertoire. In fact, having someone publishing something no one else has, give that publication a certain competitive edge, the “I got it first” type of feel. While it isn’t illegal, words will spread about how you operate as a creative and sooner, no one will want your work, because they’ll know you might submit it somewhere else. Having a code of ethics goes a long way.

Scenario #3
Can you model for competitive companies or fashion houses?

For this one I would say apply your own judgement. What some companies have going on has nothing to do with the model sometimes. Unless you have signed a contract to be the official brand ambassador of either companies, you are free to model for whomever you please. Even then, the model is not exclusively working for the company because half the time, these companies are startups and don’t have the budget to keep competitors off the model.

I can’t tell you how many emerging models ask the same question. You might have a preference and like one designer over the other, but if a designer feels entitled to you in any shape or form, they might put you in a situation where you may not be able to model for no one else in the future. What if they go out of business, and you’re stuck with the rival company now? Will you model for them? We all know some designers like to claim their models and not wanting to share, it’s inevitable. They want the best to represent them. it’s not illegal, but maybe unethical. I don’t know, what do you think?

We can go on and on about the scenarios where ethics apply (because I have plenty). As a creative, it is best to think, pause and assess before proceeding in any situation. If in doubt, shout. In other words, seek help. There nothing wrong with asking for help. Just remember, just because it isn’t illegal doesn’t mean it is ethical.

Yours truly,

Lafrance

References

At-Will Employee FAQ’s. (n.d.). Retrieved December 13, 2017, from http://employment.findlaw.com/hiring-process/at-will-employee-faq-s.html