16. COPYRIGHT
- is a form of protection provided by the laws
to the authors of ‘original works of authorship,’
including literary, dramatic, musical, artistic,
and certain other intellectual works. This
protection is available to both published and
unpublished works” (Library of Congress).
17. WHAT
IS VIOLATED
BOOKS ARE
In 1790, the first Copyright Act was enacted in the
United States. Since that time there have been many
revisions to the law. The Copyright Act Revision of 1976
added the “fair use” clause. “The Copyright Act of 1976
grants a numberof exclusive rights to copyright owners,
including: reproduction right, distribution right, right
to create adaptations, and performance and display rights”
(Stanford University Libraries).
HISTORY OF COPYRIGHT
19. WHAT
IS VIOLATED
BOOKS ARE
Its called the Intellectual Property
Code of the Philippines or
Republic Act 8293 or specifically
the law on COPYRIGHT.
20. WHAT
IS VIOLATED
BOOKS ARE
Philippine Copyright Law
• is enshrined in the Intellectual Property Code of the Philippines,
officially known as Republic Act No. 8293.
• law is partly based on United States copyright law
• principles of the Berne Convention for the Protection of Literary and
Artistic Works.
• also protect patents, trademarks, and other forms of intellectual
property.
• There are laws that protect copyrights: the Optical Media Act (which
protects music, movies, computer programs, and video games) is an
example of such.
• enforced through a body established by the law: the Intellectual
Property Office, or IPO, and its various branches.
21. WHAT
IS VIOLATED
BOOKS ARE
WH Y AR E C O P YR IG H T LAWS
IM P O R TAN T TO TEAC H ER S ?
because there are limitations that they
must know and should make the right
decisions when copying protected
materials. In addition, educators are
given special privileges called “fair use”
that should be known when copying
protected materials.
22. WHAT
IS VIOLATED
BOOKS ARE
“Fair use is a copyright principle based on the
belief that the public is entitled to freely use
portions of copyrighted materials for
purposes of commentary and criticism”
(Stanford University Libraries).
WHAT IS FAIR USE?
23. WHAT
IS VIOLATED
BOOKS ARE
FAIR USE
Since the copyright law
prohibits the unauthorized
use of copyrighted
materials while allowing
criticism, teaching,
research, news reporting,
etc., certain privileges are
given to teachers for
particular uses of
copyright works.
24. WHAT
IS VIOLATED
BOOKS ARE
Four factors are used in determining Fair Use
Purpose and character of the use
Nature of the copyrighted work
Amount and substantiality of
the material used
The effect of use on the
potential market of the work
28. WHAT
IS VIOLATED
BOOKS ARE
The Intellectual Property Code gives the power
of mediating copyright problems (before,
during, and after the copyright application
process) to a bureau of the Intellectual Property
Office known as the Bureau of Legal Affairs, as
covered by Section 10 of the code. This body is
empowered with the following functions:
29. WHAT
IS VIOLATED
BOOKS ARE
1. Hear objections on items being applied for copyright
2. Address copyright violations where damages are no less than 200,000
pesos
a. Give the following penalties for copyright violations:
i. Issue cease and desist orders which have a fixed time where the
copyright violator must stop violating the copyright being infringed
ii. Accept voluntary orders of compliance or discontinuance as ordered by
the Director of Legal Affairs which must consist of the following:
iii. Assurance to comply with the intellectual property law violated
iv. Assurance to refrain from unlawful activity on the case being
investigated
v. Assurance to refund, replace, recall, or repair defective products
vi. Assurance to reimburse the complainant (usually the copyright holder)
of all charges, fees, and payments related to the case
vii.Seizure of the products that have been subject to infringement
viii. Forfeiture of all paraphernalia and properties (whether real or
personal) involved with the infringement
30. WHAT
IS VIOLATED
BOOKS ARE
ix. Imposition of administrative of fines no less than 50,000
pesos but no more than 300,000 pesos. For every day of
continued violation, a fine of 5,000 pesos is imposed.
x. Cancellation of any document (permit, registration, etc.)
attributed to the product at the discretion of the Director
of Legal Affairs xi. Withholding of any document pending
approval of the Bureau from the respondent (the
copyright violator) xii. Assessment of damages xiii.
Censorship of the product xiv. Other penalties in line with
Executive Order 983 (1983)
31. WHAT
IS VIOLATED
BOOKS ARE
References:
• The Lawphil Project. 6 June 1997. Republic Act No. 8293. 9 May 2011.
<http://www.lawphil.net/statutes/repacts/ra1997/ra_8293_1997.html>
• The Lawphil Project. 6 June 1997. RepublicAct No. 8293. 9 May 2011.
<http://www.lawphil.net/statutes/repacts/ra1997/ra_8293_1997.html
