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INTELLECTUAL PROPERTY
OFFICE OF THE PHILIPPINES
www.ipophil.gov.ph
SOME IMPORTANT QUESTIONS
• HOW MANY OF YOU HAVE WATCHED THE LAST EPISODE OF HBO’S
GAME OF THRONES?
• HOW MANY OF YOU HAD WATCHED IT EITHER AS A STREAM OR A
DOWNLOAD?
WHY IS COPYRIGHT IMPORTANT?
• IT PROTECTS THE RIGHTS OF THE ARTIST ON HIS WORKS.
• IT IS MUCH EASIER TO INFRINGE COPYRIGHT IN THIS AGE.
• ABUNDANCE IN COPYRIGHT IMPROVES THE COMMUNITY.
“Admissions in 2017 is at 51.5 million. For a
population of 104 million, that’s very low,
about 14-18 percent. Piracy is a big
contributor to the low admission count, and
more so on the decrease in cinema revenues.
This is a significant insight, especially as the
local film industry contributes around P 11
billion to the national output,” Ms. Liza Dino
,Film Development Council of the Philippines ,
pointed out.
INTELLECTUAL PROPERTY CODE
(RA 8293)
AN ACT PRESCRIBING THE INTELLECTUAL
PROPERTY CODE AND ESTABLISHING
THE INTELLECTUAL PROPERTY OFFICE,
PROVIDING FOR ITS POWERS AND
FUNCTIONS, AND FOR OTHER PURPOSES.
JANUARY 1, 1998
OFFICE OF THE DIRECTOR GENERAL
DEPUTY DIRECTOR GENERAL
DEPUTY DIRECTOR GENERAL
TRADEMARK PATENT COPYRIGHTLEGAL
AFFAIRSFMAS DITTB MIS
LUZONBaguioTuguegaraoAngelesLegazpiNagaNCR
VISAYASIloiloCebuTaclobanDumaguete
MINDANAOCagayan de OroDavaoGeneral SantosZamboanga
Established in selected areas in the
country to provide a base for
launching public awareness
campaigns in key areas and make
technical and advisory services
readily available to enable IP
stakeholders in the regions ensure
the effective use of the IP system
for protection and
commercialization of their IP assets
IP Satellite Office Field Operations Specialists
WHAT IS IP?
Intellectual Property
describes ideas, inventions, technologies, artworks, music and literature, that are intangible when first created, but become valuable in tangible form as products
- Dr. Kamil Idris
SINK
URINAL
ALEKSANDAR MISHKOV
4 GENERAL CHARACTERISTICS OF
INTELLECTUAL PROPERTY
RIGHTS
GENERAL
CHARACTERISTICS
OF INTELLECTUAL
PROPERTY RIGHTS
PRIVATEBundle of rights
belongs not to the
public but to a single
person
GENERAL
CHARACTERISTICS
OF INTELLECTUAL
PROPERTY RIGHTS
PRIVATE NEGATIVEBundle of rights
belongs not to the
public but to a single
person
To the exclusion
(through denial) of
others
MICHAEL
CRICHTON
Wrote Jurassic Park.
Demanded non-negotiable 1.5 million
for the film rights and a substantial
percentage of the gross.
GENERAL
CHARACTERISTICS
OF INTELLECTUAL
PROPERTY RIGHTS
PRIVATE NEGATIVEBundle of rights
belongs not to the
public but to a single
person
To the exclusion
(through denial) of
others
STATUTORY
RIGHTS GRANTED
BY LAW FOR A
LIMITED TIMELength of protection
dependent on the law that
protects the kind of IP
GENERAL
CHARACTERISTICS
OF INTELLECTUAL
PROPERTY RIGHTS
PRIVATE NEGATIVEBundle of rights
belongs not to the
public but to a single
person
To the exclusion
(through denial) of
others
STATUTORY
RIGHTS GRANTED
BY LAW FOR A
LIMITED TIMELength of protection
dependent on the law that
protects the kind of IP
TERRITORIALExtent of scope and
protection confined within
the boundaries of a state
Copyright
is the legal protection extended tothe owner of the rights in anoriginal work that he has created.
- WIPO (Publication No. L450CM/E)
©
Photo courtesy: Shutterstock8/19/18
The aim of copyright is to promote
science, culture and the arts.
-ROME CONVENTION -WIPO COPYRIGHTTREATY
• The Berne Convention formally mandated several aspects of
modern copyright law; it introduced the concept that a copyright
exists the moment a work is "fixed", rather than requiring
registration. It also enforces a requirement that countries
recognize copyrights held by the citizens of all other parties to the
convention.
POOR MAN’S COPYRIGHT
• Poor man's copyright is a method of using registered dating by the
postal service, a notary public or other highly trusted source to date
intellectual property, thereby helping to establish that the material
has been in one's possession since a particular time.
Original literary and artistic works
8/19/18
1. LITERARY WORKS
-COVERS EVERYTHING EXPRESSED IN PRINT OR
WRITING:
THE FORM IN WHICH THIS OCCURS IS
IRRELEVANT
RESEARCH PAPERS
DISSERTATIONS
LETTERS
BOOKS
NOVELS
NEWS ARTICLES
BLOGS
BIOGRAPHIES
ENCYLOPEDIA
SOURCE CODES
2. DRAMATIC WORK/COREOGRAPHICAL WORK
IN DETERMINING WHAT CONSTITUTES A
DRAMATIC COMPOSITION, HAVE
EMPHATICALLY STATED THAT THERE
MUST BE A STORY – “A THREAD OF
CONSECUTIVELY RELATED EVENTS-
NARRATED OR PRESENTED BY DIALOGUE
OR ACTION OR BOTH.
SELTZER V. SUNBROCK
THE PLAINTIFF OWNED THE COPYRIGHT IN TWO BOOKS DESCRIBING A ROLLER SKATING RACE TO BE RUN BY TEAMS IN AN ARENA OVER A DISTANCE EQUIVALENT TO CROSSING THE UNITED STATES.
THE PLAINTIFF LICENSED A FIRM TO PUT ON SUCH RACES. THE DEFENDANT HELD A VERY SIMILAR RACE. THE PLAINTIFF CLAIMED THE DEFENDANT HAD INFRINGED COPYRIGHT IN HIS BOOK, WHICH HE CLAIMED WAS A DRAMATIC WORK.
• WHAT ARE HIS ORIGINAL CHARACTERIZATIONS?
• WHAT IS HIS PLOT OR THEME, THE DISTINCTIVE
TREATMENT OF WHICH CLAIMS PROTECTION
UNDER COPYRIGHT LAWS?
IN THIS CASE…
- NO FIXED PLOT OR STORY
- NO DISTINCT CHARACTERS, POSSESSING
INDIVIDUAL PERSONALITIES OR NAMES OR EVEN
PERSONIFYING
- JUST A SET OF REGULATION FOR RUNNING A
RACE.
3. MUSICAL WORK
• WORKS OF MUSICAL COMPOSITION WITH OR
WITHOUT LYRICSwww.udemy.com
4. ARTISTIC WORK
• Article 2(1) Berne Convention list of artistic
works:
–DRAWING, PAINTING, ARCHITECTURE
–SCULPTURE, ENGRAVING
–LITHOGRAPHY,
–PHOTOGRAPHIC WORKS
–APPLIED ART
–ILLUSTRATIONS, MAPS, PLANS, SKETCHES
–3-DIMENSIONAL WORKS (GEOGRAPHY,
TOPOGRAPHY, ARCHITECTURE OR SCIENCE)
5. DERIVATIVE WORK
• WORK BASED UPON ONE OR MORE PRE-
EXISTING WORKS SUCH AS A TRANSLATION,
MUSICAL ARRANGEMENT, DRAMATIZATION,
FICTIONALIZATION, MOTION PICTURE
VERSION, SOUND RECORDING, ART
REPRODUCTION, ABRIDGEMENT, ADAPTED.
Derivative Works
Source: wikipedia.org8/19/18
• A bundle of private, negative, and exclusive rights granted by law
• for a limited period of time
• To
– Performers
– Producers of sound recordings
– Broadcasting organizations
Related rights
Unprotected Works
• Titles, names, short phrases, and slogans;
• Familiar symbols or designs;
• Mere variations of typographic ornamentation,
lettering, or coloring;
•Mere listings of ingredients or contents;
•Ideas,procedures,methods,systems,processes,
concepts, principles, discoveries, or devices;
•Common information such as calendars,
measurement charts, TV guides; and
•Government or legal documents.
How is copyright acquired?
Copyright is automatically vested
on the creator at the moment of
creation.
Copyright protects the way in which ideas are expressed.
Subject: red rose in a vase
courtesy: DreamstimeArt by: Maryna Salagub
Photo by: Aleksander Dimitrov
Do I need to register my copyright?
Registration establishes a public record of the
artist’s claim to authorship and is a
necessary prerequisite to asserting any
copyright claim in court.
© DUAAD 2014
8/19/18
Two bundles of rights granted
Copyright or
economic
rights (§177)
• To carry out, authorize, or prevent the:
• reproduction, transformation, distribution,
renting out the work;
• display, performance, and communication
of the work to the public
Moral rights (§193)
*operate
independently of
an author’s
economic rights
• Right to be attributed as the author
• Right to make any alteration of the work or
withhold it from publication
• Right to object to any distortion of the work
• Right to restrain the use of his name with
respect to any work not his
Economic Rights –allow the owner to derive financial reward from
the use and exploitation of the work.
Images may be subject to copyright.Send feedback
8/19/18
REPRODUCTION
• THE RIGHT TO PRODUCE COPIES OF THE WORK,
WHETHER BY PHOTOCOPYING OR ELECTRONIC
COPYING
ECONOMIC RIGHTS
ADAPTATION
SOURCE: CRASH COURSE IP
ECONOMIC RIGHTS
Amazon uk
ADAPTATION
ECONOMIC RIGHTS
ECONOMIC RIGHTS
ADAPTATION
DISTRIBUTION
SOURCE: CRASH COURSE IP
ECONOMIC RIGHTS
ECONOMIC RIGHTS
DISTRIBUTION
PUBLIC PERFORMANCE
SOURCE: CRASH COURSE IP
ECONOMIC RIGHTS
ECONOMIC RIGHTS
PUBLIC PERFORMANCE
COMMUNICATION TO THE PUBLIC
Including broadcasting, rebroadcasting, retransmitting by cable, broadcasting and
retransmitting by satellite, and includes the making of a work available to the
public by wire or wireless means in such a way that members of the public may
access these works from a place and time individually chosen by them.
ECONOMIC RIGHTS
Moral Rights – highlight the
personal link existing between the author and the work.
8/19/18
“The RIGHT TO BE ATTRIBUTED as an
author of a work is not merely a
copyright, it is every author’s basic
human right”
― Kalyan C. Kankanala, Fun IP, Fundamentals of
Intellectual Property
Who owns the copyright?
Author: natural personCo-author: joint authorship
8/19/18
Who owns the copyright?
Under employment contract-
▪ employee: not part of regular duties
▪ employer: part of regular duties
Commissioned work –creator
8/19/18
50 yrs fr. publ./making
original/derivative works life + 50 yrs p.m.a.*
works of joint authorship last life + 50 yrs p.m.a.
ano-/pseudonymous works 50 yrs fr. publ./making
works of applied art 25 yrs fr. making
photo/audiovisual works
* post mortem auctoris = after the death of the author
How long does the protection last?
Photo courtesy: zurb.com8/19/18
Does copyright extend to the Internet?
Treaties:
➢Berne Convention (1886)
➢Rome Convention (1961)
➢WTO-TRIPS (1994)
➢ Internet Treaties (1996)
❑ WIPO Copyright Treaty
❑ WIPO Performances and
Phonograms Treaty
Photo courtesy: wikipedia
8/19/18
Do I have copyright protection in other
countries?
➢Berne Convention for the Protection
of Literary and Artistic Works❑More than 160 countries have ratified
this treaty
8/19/18
What is copyright infringement?
8/19/18
Copyright infringement is when someone uses a copyrighted work without permission, or in a way that violates the terms of an agreement or license.
Who is liable for infringement?
Any person or entity involved in the
unauthorized use of a copyrighted
work, from the initial copying through
publication and distribution, is liable
for infringement.
8/19/18
Examples:
➢A licensee re-uses the work beyond the scope of the license;
➢An illustrator makes a painting from a photograph;
➢An illustrator copies the unique way another illustrator draws figures;
➢An ad campaign uses slogans, images and page designs, songs without permission
➢An advertising agency creates a comp using images from an artist’s or photographer’s portfolio; and
➢An image is digitally copied (e.g., scanned or downloaded) in order to manipulate it with a program like Photoshop.
Any person or entity involved in the
unauthorized use of a copyrighted
work, from the initial copying through
publication and distribution, is liable for
infringement.
Who is liable for infringement?
Remedies for Infringement
Civil
• Injunction, damage, impounding, destruction
of infringing materials & copies
Criminal
• Imprisonment & fine (1 – 9 yrs, P50k – P1.5 M)
Administrative
• Cease & Desist Order, fine, damages, other
analogous penalties
When is there no violation?
• Fair Use: for purposes of criticism, comment, news, teaching, research, decompilation
✓ Factors:
▪ purpose & character of the use
▪ nature of the copyrighted work
▪ amount & substantiality
▪ effect on the market
8/19/18
Photographer Art Rogers shot a photograph of a couple holding a line of puppies in a row and sold it for use in greeting cards and similar products. Internationally, renowned artist Jeff Koons in the process of creating an exhibit on the banality of everyday items, ran across Rodgers’ photograph and used it to create a set of statues based on the image.
99designs.com / Kaitlyn
Ellison
Koons sold several of these structures, making a
significant profit. Upon discovering the copy,
Rodgers sued Koons for copyright. Koons responded
by claiming fair use by parody.99designs.com / Kaitlyn
Ellison
Case:
Famous street artist Shephard Fairey created the Hope poster during President Obama’s first run for presidential election in 2008. The design rapidly became a symbol for Obama’s campaign, technically independent of the campaign but with its approval.
99designs.com / Kaitlyn
Ellison
Case:
In January 2009, the
photograph on which Fairey
allegedly based the design was
revealed by the Associated
Press as one shot by AP
freelancer Mannie Garcia —
with the AP demanding
compensation for its use in
Fairey’s work. Fairey responded
with the defense of fair use,
claiming his work didn’t reduce
the value of the original
photograph.99designs.com / Kaitlyn
Ellison
• Taking photos to accompany a review or critique
• Taking a photo of a copyright work to advertise its sale
• Taking photos for purely private use
• Using a copyright work as a background in a photo
– You publish a photograph in a newspaper to illustrate an article concerning some official gathering. The photograph incidentally contains a sculpture in which copyright subsists. Such use is likely to be allowed since the sculpture adds no meaning to the main subject matter. Conversely, if you would photograph that very same sculpture to print it on postcards and sell them, this would normally be a copyright infringement.
ISSUES
ISSUES
http://thevisualcommunicationguy.com/wp-content/uploads/2014/07/Infographic_CanIUseThatPicture4.jpg
FAIR USE
COPYRIGHTS /
RELATED
RIGHTS
FAIR USE
-Copy-Distribute-Public Performance-Rental-Derivative Works
-Read a Book-Watch A Movie-Listen to Music-Borrow Book from
Library-Watch plays, concerts
-Commentary-Parody-Educational use (Limited)
8/19/18
REQUIREMENTS
❑Copyright Registration and Deposit Form (3 copies)
❑Affidavit of Ownership (3 copies)
❑2 Government Issued ID (3 copies)
❑Copy of Original Works(2 copies)
❑Filing Fee(Php 560)
8/19/18
HOW TO WRITE A COPYRIGHT NOTICE
https://www.plagiarismtoday.com/2011/11/08/how-to-write-a-copyright-notice/
COPYRIGHT GOLDEN RULE
“TAKE NOT FROM OTHERS TO SUCH AN EXTENT AND
IN SUCH A MANNER THAT YOU WOULD BE
RESENTFUL IF THEY SO TOOK FROM YOU.”-STAN, CRASH COURSE
PLAGIARISM CHECKER
Best Plagiarism Checkers according to uhacademy.com:
1. Plagiarism Checker X
2. ProWritingAid
3. Grammarly
4. Noplag
5. Copyscape
6. Plagiarism Software
7. PlagTracker
8. Quetext (Free)
Refer at https://www.uhacademy.com/2019/01/best-plagiarism-checkers.html
THANK YOU.
