Ipr and fair use

Sep 11, 2012Download as ppt, pdf2 likes663 views

This document provides an overview of intellectual property rights (IPR) laws in the Philippines related to copyright, fair use, and limitations on copyright. It defines what types of original works are protected under copyright law and discusses the concept of derivative works. The document also outlines the factors considered for fair use of a copyrighted work and exceptions for private reproduction of published works for research and study. Examples are provided around copyright issues for various types of multimedia content and whether permission is needed.

Introduction to IPR and
Fair Use (R.A. 8293)–
Use of Media

INTELLECTUAL PROPERTY CODE OF THE PHILIPPINES
[Republic Act No. 8293]
http://www.chanrobles.com/legal7copyright.htm#INTELLECTUAL%20PROP
Copyright Issues: Multimedia and Internet Resources Georgia Harper -
http://www.utsystem.edu/ogc/intellectualproperty/mmfruse.htm

This is a portion of the Esplanade façade in Singapore.

MAKATI CITY

Source: http://www.makati.gov.ph/

 Original works – section 172
 Derivative works – section 173
 Copy or economic rights – section 177
 Limitations on copyright – section 184

Original Works
 Books, pamphlets, articles and other writings;
 Periodicals and newspapers;
 Lectures, sermons, addresses, dissertations
prepared for oral delivery, whether or not
reduced in writing or other material form;
 Letters;
 Dramatic or dramatico-musical compositions;
choreographic works or entertainment in dumb
shows;
 Musical compositions, with or without words;
 Works of drawing, painting, architecture,
sculpture, engraving, lithography or other works
of art; models or designs for works of art;

Original Works
 Original ornamental designs or models for articles of
manufacture, whether or not registrable as an
industrial design, and other works of applied art;
 Illustrations, maps, plans, sketches, charts and
three-dimensional works relative to geography,
topography, architecture or science;
 Drawings or plastic works of a scientific or technical
character;
 Photographic works including works produced by a
process analogous to photography; lantern slides;
 Audiovisual works and cinematographic works and
works produced by a process analogous to
cinematography or any process for making audio-
visual recordings;
 Pictorial illustrations and advertisements;
 Computer programs; and
 Other literary, scholarly, scientific and artistic works.

Fair Use of a Copyrighted Work
 The purpose and character of the use,
including whether such use is of a
commercial nature or is for non-profit
education purposes;
 The nature of the copyrighted work;
 The amount and substantiality of the
portion used in relation to the
copyrighted work as a whole; and
 The effect of the use upon the potential
market for or value of the copyrighted
work.

Reproduction of Published Work

 187.1. Notwithstanding the provision of Section 177, and
subject to the provisions of Subsection 187.2,
the private reproduction of a published work in a
single copy, where the reproduction is made by
a natural person exclusively for research and
private study, shall be permitted, without the
authorization of the owner of copyright in the
work.

SHORT QUIZ
Get a one half, crosswise sheet
yellow paper

1. Liquified version of Spiderman- is this subject to
infringement?

The photo is converted to a digital art for classroom presentation.
2. Is the car subject to permission?
3. Is the photo as digital art an infringement?

The photo converted to a digital art for student exhibit
in the Yuchengco lobby.
4. Is the car subject to permission?
5. Is the photo as digital art an infringement?

6. Is the photo an infringement of the dept store image?
7. Why or why not?

8. Image of a funny Darna
with Gloria Arroyo’s face as
the face of Darna– is this
subject to damage of Pres.
Arroyo’s name?

9. In ref. to no. 8–is there
misuse of Darna’s image?

10. Image of Darna with a
modified costume—is this
subject to permission?

11. The improved and
modified version of Darna
on the left used in a new
Comics– is this subject to
IPR laws and policies?
12. Why or why not?

Is any of the item below subject to
IPR infringement?
13. Web publication of IPR laws
14. Use of underground music in a
classroom video
15. Use of a Disney music in a school play

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Ipr and fair use

1. Introduction to IPR and Fair Use (R.A. 8293)– Use of Media INTELLECTUAL PROPERTY CODE OF THE PHILIPPINES [Republic Act No. 8293] http://www.chanrobles.com/legal7copyright.htm#INTELLECTUAL%20PROP Copyright Issues: Multimedia and Internet Resources Georgia Harper - http://www.utsystem.edu/ogc/intellectualproperty/mmfruse.htm

2. Esplanade Art Beetle

4. This is a portion of the Esplanade façade in Singapore.

5. MAKATI CITY Source: http://www.makati.gov.ph/

6.  Original works – section 172  Derivative works – section 173  Copy or economic rights – section 177  Limitations on copyright – section 184

7. Original Works  Books, pamphlets, articles and other writings;  Periodicals and newspapers;  Lectures, sermons, addresses, dissertations prepared for oral delivery, whether or not reduced in writing or other material form;  Letters;  Dramatic or dramatico-musical compositions; choreographic works or entertainment in dumb shows;  Musical compositions, with or without words;  Works of drawing, painting, architecture, sculpture, engraving, lithography or other works of art; models or designs for works of art;

8. Original Works  Original ornamental designs or models for articles of manufacture, whether or not registrable as an industrial design, and other works of applied art;  Illustrations, maps, plans, sketches, charts and three-dimensional works relative to geography, topography, architecture or science;  Drawings or plastic works of a scientific or technical character;  Photographic works including works produced by a process analogous to photography; lantern slides;  Audiovisual works and cinematographic works and works produced by a process analogous to cinematography or any process for making audiovisual recordings;  Pictorial illustrations and advertisements;  Computer programs; and  Other literary, scholarly, scientific and artistic works.

9. Fair Use of a Copyrighted Work  The purpose and character of the use, including whether such use is of a commercial nature or is for non-profit education purposes;  The nature of the copyrighted work;  The amount and substantiality of the portion used in relation to the copyrighted work as a whole; and  The effect of the use upon the potential market for or value of the copyrighted work.

10. Reproduction of Published Work  187.1. Notwithstanding the provision of Section 177, and subject to the provisions of Subsection 187.2, the private reproduction of a published work in a single copy, where the reproduction is made by a natural person exclusively for research and private study, shall be permitted, without the authorization of the owner of copyright in the work.

11. SHORT QUIZ Get a one half, crosswise sheet yellow paper

12. 1. Liquified version of Spiderman- is this subject to infringement?

13. The photo is converted to a digital art for classroom presentation. 2. Is the car subject to permission? 3. Is the photo as digital art an infringement? The photo converted to a digital art for student exhibit in the Yuchengco lobby. 4. Is the car subject to permission? 5. Is the photo as digital art an infringement?

14. 6. Is the photo an infringement of the dept store image? 7. Why or why not?

15. 8. Image of a funny Darna with Gloria Arroyo’s face as the face of Darna– is this subject to damage of Pres. Arroyo’s name? 9. In ref. to no. 8–is there misuse of Darna’s image? 10. Image of Darna with a modified costume—is this subject to permission? 11. The improved and modified version of Darna on the left used in a new Comics– is this subject to IPR laws and policies? 12. Why or why not?

16. Is any of the item below subject to IPR infringement? 13. Web publication of IPR laws 14. Use of underground music in a classroom video 15. Use of a Disney music in a school play

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