This document summarizes a presentation given to information professionals on copyright issues and challenges in the digital age. It defines who information professionals are and their traditional and new roles. It discusses perspectives on copyright from different viewpoints. It also outlines categories of intellectual property like patents, trademarks, copyright, and challenges like balancing public access versus protection of creators' works. Key copyright concepts like fair use and limitations are explained. The document concludes by emphasizing the need for information professionals to keep updated on copyright law.

1. De La Salle University - Manila Academic ConcernsSY 2005-2006Rene B. HapitanVice Dean The Information Professional and Copyright : Issues and Challenges in the Digital Age Atty. Christopher E. Cruz Director, Intellectual Property Office Director, DLSU Business Incubator Center Vice-Dean, College of Business and Economics De La Salle University The Information Professional and Copyright: Issues and Challenges in the Digital Age

2. Who is an Information Professional? “One with education, training and experience to strategically, search locate and find answers to common information dilemmas” “One who can aid another in the search and retrieval of information objects” Source: Johnson, Alina J. 2010, What is an information professional in the Digital Age. De La Salle University - Manila

3. Traditional Roles of an Information Professional Professional Librarian is one type of Information Professional. A librarian can be an archivist, records manager, referencer, museum curator, etc. Creating a standard: Accreditation De La Salle University - Manila

4. New Roles in the Digital and Information Age With the development of technology, Librarians are now becoming website designers, web archivist, information directors, etc. ITC creates new possibilities for dissemination. New Technologies: New challenge for data protection and copyright regulation. De La Salle University - Manila

5. Perspectives from different points of view: For Information Professionals, diffusion of ideas is important. At the same time, the integrity of the networked information should be maintained. For the scientist, recognition is important (usually through publication). For the Copyright holder: Incentive or Reward. De La Salle University - Manila

6. Perceived Conflict: Apparent Conflict: Integrity of Work and Incentive to the Creator vs. Dissemination of Information. How do we guarantee Integrity of Work without hindering dissemination of the work to the public? Copyright protection vs. Public Domain and Limitation on Copyright. Need for Information Professionals to know intellectual property law (Copyright) De La Salle University - Manila

7. De La Salle University - Manila What is Intellectual Property? I. Nature of Intellectual Property Intellectual Property: An obscure term? A Power Tool for Economic Development and Wealth Creation “Imagination is more important than knowledge” (Albert Einstein) “A man paints with his brains not with his hands” (Michelangelo)

8. De La Salle University - Manila Premise Of Intellectual Propperty II. Premise of Intellectual Property: Recognition of Rewards Balancing of interests between the creator and the public.

9. De La Salle University - Manila Intellectual Property and the Academe:The Importance of Copyright Protection III. Basic Categories of Intellectual Property A) Industrial Property Patents Industrial Designs Trademarks B) Copyright and Related Rights

10. Patent What is a Patent? Property right to exclude others (Negative right) from making, using offering for sale or importing the patented product/process. Patent is Territorial. Requirements for Patentability: New, Involve an Inventive Step and Industrially applicable. De La Salle University - Manila

11. Trademarks What are trademarks? They are visible signs that identify and distinguish the source of goods and services of one to that of another. Eg. IBM, NIKE, COKE TEST: DISTINCTIVENESS Likelihood of Confusion: Similar marks in similar goods or services (eg. Apple) De La Salle University - Manila

12. Trade Secret What is a Trade Secret? Undisclosed information for business. It should be a secret, has commercial value and the owner took steps to protect the secret. (eg. Formulae, business strategies, customer lists, recipe, etc.) De La Salle University - Manila

13. De La Salle University - Manila Intellectual Property and the Academe:The Importance of Copyright Protection IV. COPYRIGHT What is copyright? Conditions for protection Non-Formality Rule What does copyright protect? Who owns the copyright? What are the rights of copyright? Economic and Moral Rights First Sale Doctrine

14. De La Salle University - Manila Intellectual Property and the Academe:The Importance of Copyright Protection Can copyright be transferred? What are the related rights of copyright? What are the limitations of copyright? What is copyright infringement? What is plaigarism? What is Piracy? What are the limitations of copyright? Public Domain “Fair Use” Not protected by law

15. What is Copyright? Copyright is the legal protection extended to the owner of the rights in an original work that he has created. (WIPO- Publication No. L450CM/E) Conditions: (1) Original Expression and (2) Fixation. Creativity? Legal Basis: “The State shall protect and secure the exclusive rights of scientists, inventors, artists and other gifted citizens to their intellectual property and creations, particularly when beneficial to the people, for such period as may be provided by law.” (Sec. 3, Art. XIV, 1987 Constitution) Non-Formality Rule: Works are protected upon creation. De La Salle University - Manila

16. Economic Benefits of Copyright WIPO Study: Economic Contribution of Copyright Total contribution to GDP = 4.82% (PhP 144 B) Total employment = 11.10% (317,000) Total imports = 7.67% Total exports = 13.34% In 2001, copyright-based industries contributed US$791.2 billion to the economy (7.75 of GDP) In Australia, Brazil, Finland and Netherlands, it contributed $300-$600 billion. Source: Idris, Kamil, 2003. Intellectual Property: A Powerful Economic Tool. WIPO. Geneva, Switzerland. De La Salle University - Manila

17. What does copyright protect? Original Literary and Artistic Works: Books and other writings Periodicals Lectures/Addresses Dramatico-Musical Compositions Drawing, painting, architecture, sculpture Ornamental designs, applied art, illustrations, maps, photographs Audiovisual Works Computer Programs (Sec. 172, IP Code) De La Salle University - Manila

18. What does copyright protect? Derivative Works: Dramatizations, translations, adaptations and other alterations. Collections of literary, scholarly and artistic works; Compilations of works (Original by reason of the selection and arrangement) (Sec. 173, IP Code). De La Salle University - Manila

19. Who owns the Copyright? Literary and Artistic Works: Author Joint Authorship: Co-authors Joint work, separable parts: Part of Author Work not part of regular duties: Employee Work part of regular duties: Employer Audiovisual works: director, etc. Letters: Writer (Sec. 178, IP Code). De La Salle University - Manila

20. What are the rights under Copyright? 1) Economic Rights: Remuneration Reproduction, Transformation, First Public distribution, rental, public display, public performance, communication to the public. (Sec. 177, IP Code). “All Rights Reserved” First Sale Doctrine 2) Moral Rights: Maintain personal connection with work. (Paternity and Integrity) Authorship to be attributed to him. Make alterations, distortions, Restrain the use of his name. De La Salle University - Manila

23. may be waived by a written instrument

24. Term: Generally 50 years after death of author.De La Salle University - Manila

25. What are the Related Rights of Copyright? Rights of Performers (actors, dancers, interpreters etc.) (eg. Prohibit video-taping) Rights of Phonograms (eg. CD copies) Rights of Broadcasting Organizations (Secs. 208-212) Managed through Copyright Management Organizations (CMOs) Sec. 183. Designation of Society. - The copyright owners or their heirs may designate a society of artists, writers or composers to enforce their economic rights and moral rights on their behalf (IP Code). De La Salle University - Manila

26. What are the limitations of Copyright? Public Domain Expiration of protection Subject matter not protected (to any idea, procedure, system, method or operation, concept, principle, discovery or mere data as such, news of the day and other miscellaneous facts having the character of mere items of press information; or any official text of a legislative, administrative or legal nature, works of government) (Sec. 175-176, IP Code). De La Salle University - Manila

27. Fair Use “Fair Use” Purposes: Criticism, comment, news reporting, teaching including multiple copies for classroom use, scholarship, research, and similar purposes (Sec. 185.1, IP Code) Factors: Purpose and Character of Use Nature of Copyrighted Work Amount and Substantiality Effect upon potential market/value (Sec. 185.1, IP Code). De La Salle University - Manila

28. Can a published work be reproduced? Yes, if the private reproduction of a published work is in a single copy, where the reproduction is made by a natural person exclusively for research and private study (Sec. 187.1, IP Code)… EXCEPT: (a) A work of architecture in the form of building or other construction; (b) An entire book, or a substantial part thereof, or of a musical work in graphic form by reprographic means; (c) A compilation of data and other materials; (d) A computer program except as provided in Section 189; and (e) Any work in cases where reproduction would unreasonably conflict with a normal exploitation of the work or would otherwise unreasonably prejudice the legitimate interests of the author. (Sec. 187.2) De La Salle University - Manila

29. Can a Library make Reproduction of Works? Yes, if the library is non-profit and makes only a single copy on the following instances: Work cannot be lent because it is fragile; Isolated articles in composite works for expediency for research and study; Preservation and Replacement (lost or destroyed) and not available from the publisher and is out-of-stock. (Sec. 189) De La Salle University - Manila

30. Can a Computer Program be reproduced? Yes, but only 1 back-up copy which necessary for its use or for archival purposes. (Sec. 189, IP Code). De La Salle University - Manila

32. Aiding or abetting such infringement

33. Possession, for the purpose of:

34. selling, letting for hire

35. distributing for purpose of trade, exhibit.

36. Infringement vs. Plagiarism (must have access to original work)

37. Piracy: Optical Media Act (illegal reproduction, sale etc. Of optical media)De La Salle University - Manila

38. Does Copyright extend to the Internet? Yes, by virtue of treaties entered into by member states (Berne Convention, Rome Convention, TRIPS, WIPO Copyright Treaty, WIPO Performances and Phonograms Treaty). De La Salle University - Manila

39. De La Salle University - Manila Some Examples: V. Some Practical Applications Determine which are legal or illegal: Making a copy of an original CD for your MP3 player. Giving a friend a CD brought for her as a present. Photocopying one chapter of a book in the library. Giving a friend a copy of a DVD you bought for yourself

40. De La Salle University - Manila 5) Swapping a CD on an unauthorized P2P network. 6) Selling a CD that you bought at a second-hand store. 7) Uploading a song written, composed and performed by you on a free downloading site. 8) Downloading a song from Limewire 9) Sending an MP3 file with your favorite song by e-mail to a barkada. 10) A band singing “Alejandro” by Lady Gaga at a restaurant/bar.

41. Some Cases on “Fair Use” A teacher records a TV program and shows it to his students as part of the lesson (film showing). An author copied more than half of the unpublished manuscript. A magazine published excerpts from an ex-president’s unpublished letters which was contained in the biography of the ex-president. Publishing a book containing trivia questions about “Seinfeld”based on 84 episodes of the sitcom. De La Salle University - Manila

42. Fair or Unfair use? Google’s thumbnail display of photos from a subscription-only website. A TV program copied 1 minute and 15 seconds from a 72-minute Chaplain film in a news report about Chaplain’s death. Betamax Case (time-shifting and not library building). Bought 3,663 software licenses and installed it on 6,007 computers. De La Salle University - Manila

43. Fair Use? Downloading of songs in P2P file sharing software. (Sampling defense, eg. iTunes) Using the first line of “Pretty Woman” in a new song. Author used stlye of Dr. Seus in re-telling facts of OJ Simpson trial. Difficulty in “fair use” cases: Unpredictability. Source: Fair Use by Stanford University (http://fairuse.stanford.edu) De La Salle University - Manila

44. Other (Legal) Issues Confronting the Librarian in the Digital Age Do we still need librarians when everything is or will be available online? (Shifting role of the librarian- collaborate with teachers, information manager) Major (major) issues: Filtering the internet. (eg. offensive content) Censorship (all information accessible) Privacy (of patron’s interests and research). Use of licensed material/software. Digitizing material (copyright infringement?) De La Salle University - Manila

45. Issues Reproduction of books and other materials. Film showing of purchased videos or playing of video games in the library. Google’s book-scanning services (public access to information and privacy issues). De La Salle University - Manila

46. De La Salle University - Manila Conclusion Need for Information Professionals (Librarians) to keep abreast with the latest developments in law in general and Copyright Law in particular. Need to adjust to their new roles in the digital age. Need to be pro-active and know the issues about their profession.

47. End Thank You! De La Salle University - Manila