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In virtually all cases, ethical dilemmas involve the interests of several sides, and each decision will still affect someone’s interests. The ethical dilemma related to the conflict between Flagler and Wal-Mart is not an exception: both sides have arguments for their position, and against their position. Ethical issues might involve diverse considerations, and might relate to different moral judgments. In this case, there is not enough information to make an exact decision whether the actions of Flagler Productions were ethical or unethical, because the nature of the agreements between Flagler Productions and Wal-Mart, the specifics of the “handshake” discussion between the representatives of both companies, and the status of Flagler Productions with regard to the videos is quite questionable. Also, the details of the termination of the relationship between Flagler Productions and Wal-Mart are not exactly known, as well as the conditions of this termination.
Flagler Productions was not legally bounded by any agreements, and thus the video clips remain the property of the company. At the same time, the status of these videos can still be disputed with the legal point of view, since the video clips were filmed when Flagler Productions was hired to make these movies for Wal-Mart, and if there are documents proving the payments done for these clips, ownership rights of Flagler Productions might be limited. Since the legislative base for digital is currently modified and expanded, it is difficult to forecast the court’s decision in this case, but it is clear, that Wal-Mart should at least sign informed consent form before these clips are sent to the public. Moreover, from ethical point of view Flagler is acting absolutely incorrectly, and these actions will most likely affect Flagler’s business reputation and future revenues. Thus, I almost completely agree with the above-mentioned point of view, and think that Flagler Productions is acting unethically.
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I do not agree with this statement, due to many reasons. First of all, as it was discussed above, although Flagler Production did not sign any contracts with regard to Wal-Mart ownership rights, this does not mean that these videos can be managed without any permission from Wal-Mart’s side. The videos involve not only Wal-Mart as a legal entity, but also Wal-Mart employees as physical bodies. In most cases, personally identifiable information of individuals can only be disclosed if the individual provides written consent before the video is disclosed (McCallister 24), otherwise, such actions can be considered as invasion to personal right to privacy. Thus, the absence of contract does not present a clear market opportunity, although, as it was mentioned above, the details of the agreement between Wal-Mart and Flagler Productions are not known exactly and thus it is not possible to predict exact legal consequences of Flagler Productions actions.
Furthermore, such “exploitation” of opportunities will make future customers of Flagler Production very suspicious towards the company’s business practices, and most likely, the customers will limit the scope of Flagler services. Although Flagler Productions might earn some capital on selling the clips, the long-term consequences of their actions might be disastrous for the company.