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Intellectual Property

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Legal, Ethical &

Societal Issues in
Media and
Information
Intellectual Property in International and Local Context

Intellectual property, or IP, as defined by the World


Intellectual Property Organization (WIPO), is the
“creation of the mind, such as inventions, literary and
artistic works, designs and symbols, names and images
used in commerce.” Since the products of human
intellect have a direct influence on human civilization
and on the development of societies, there should be
safeguards on intellectual property.
Laws are enacted to enforce and recognition toward the
fruits of other people’s ingenuity. Inventions or creations
serve some benefits to user, thus in the logic of
commerce of business, inventions and creators should
be properly compensated for their contribution. If their
intellectual property right is protected, people will be
motivated to contribute more by continuously inventing
and creating for the public good on the spirit of fair play.
The WIPO is the “global forum for intellectual property
service, policy, information, and cooperation.” In the
Convention Establishing the World Intellectual Property
Organization signed at Stockholm on 14 July 1967 and
amended on 28 September 1979, it has been agreed among
the state signatories that the WIPO will be “responsible for
the promotion and protection of intellectual property
throughout the world through cooperation among state and,
where appropriate, in collaboration with other international
organizations, and for the administration of various treaties
dealing with intellectual property rights,” WIPO has classified
the forms of IP .
The Intellectual Property Law of the Philippines

The Philippines, as a State signatory in the Convention


Establishing the World Intellectual Property Organization, is
duty-bound to pass a law on intellectual property protection.
Thus, the enactment of Republic Act 8293, otherwise known
as “The Intellectual Property Code of 1997”.
According to this piece of legislation, intellectual property
rights consist of:
1. Copyright and related rights;
2. Trademarks and service marks;
3. Geographic indication;
4. Industrial designs;
5. Patents;
6. Layout-designs {Topographies) of integrated circuits;
and
7. Protection of understanding information.
Copyright Protected Works

Under Philippine copyright, both original works and


derivative works are protected.
Original works are those that are literary or artistic in
natures which include the following:
• Books, pamphlets, article, and other writings
• Periodicals and newspapers
• Lectures, sermons, addresses, dissertation prepared for
oral delivery, whether or not reduced in writing or other
material form
• Letters
• Dramatic or dramatic-musical compositions;
choreographic works or entertainment in dumb show
• 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 ornamental designs or models for articles of
manufacture, whether or not registrable as an industrial
design, and other works of applied art
• Illustration, maps, plans, sketches, chart and three-
dimensional works relative to geography, topography,
architecture or science
• Drawings or plastic works of scientific or technical
character
• Photographic works including work produced by a
process analogous to photography; lantern sides
• Audiovisual works and cinematographic works and
works produced by a process analogous to
cinematography or any process of making audio-visual
recordings;
• Pictorial illustrations and advertisements
• Computer programs
• Other literary, scholarly, scientific and artistic works
Works Not Protected

There are also works that are not covered by copyright due
to insufficient authorship or due to the work being of
importance to public interest.
1. Unprotected Subject Matter
• Any idea, produce, system, method or operation, concept,
principle, discovery or mere data as such, even if they are
expressed, explained, illustrated or embodied in a mark
• News of the day and other miscellaneous facts having the
character of mere items of press information
• Any official text of a legislative, administrative or legal
nature, as well as any official translation.
2. Works of the Government
• Any purpose of statutes, rules and regulations, and
speeches, lectures, sermons, addresses, and
dissertations, pronounced, read or rendered in
courts of justice, before administrative agencies, in
deliberative assembles and in meeting of public
character. (Sec. 9, first par., P.D. No. 49)
What is copyright?
Copyright is mainly the protection of one’s expressions
which only becomes tangible and concepts when objects
are created as manifestation of these expression.
Copyright could be a variety of protection provided by
the laws to the authors of “original works of authorship,”
together with literary, dramatic, musical, artistic, and
bound different intellectual works. This protection is
obtainable to each revealed and unpublished works.
• Set of rights granted the author
• Creator of a piece, to limit others ability to repeat
• Redistribute and reshape the content.
Related Issues

A copyright protects solely original works of


“authorship” enclosed within the following seven
categories:
• Literary works (including pc programs),
• Musical works, together with any incidental words,
• Dramatic works, together with any incidental music,
• Pantomimes and dance works,
• Pictorial, graphic, and sculptural works,
• Motion photos and different audiovisual works,
• Sound recordings.
Registering Copyright
Majority of the state signatories of WIPO adhere to the
Berne convention that provides automatic copyright
protection. This means that a registration or any other
formality is not required. As for most countries,
including the Philippine, there is a system for voluntary
registration of works. Such system “help solve disputes
over ownership or creation, as well as facilitate financial
transactions, sales, and the assignment and/or transfer
of rights.”
Copyright is the legal right granted to a creator to make
money from what they create. Items that can
be copyrighted are a form of intellectual property that is
in a TANGIBLE form. For example, if you
create a song, that is intellectual property. However,
before it can be protected by copyright, it has to
be in a tangible form. (Written down, recorded, etc.
• A copyright is a type of intellectual property protection
extended to authors of original, creative, fixed works that
gives the owner exclusive rights to expressing the idea(s).
It protects written and artistic expressions. Examples
include books, web sites, logos, artwork, commercials,
pictorial and sculptural works, photographs, drawings,
graphic designs. Copyright protects literary or artistic
works = books, music, art, film, computer programs,
advertisements, maps.
• There are examples of copyright-like art,literary/creative
writing, academic writing, photography, computer-
generated images, videos, music.
A. Copyright Owner has the right to:
1. Make copies of their work.
2. Sell, publish, or distribute copies.
3. Prepare new works based on the original.
B. Requirements for Copyright Protection
1. Original: independently created by the author. It can be
similar to other works; it can be of any quality and created
without copying from someone else.
2. Physical or fixed in a tangible medium: digital (computer,
DVD, cell phone, tablet) paper, magnetic tape (VCR,
cassette).
3. Creative: copyright does not protect facts (historical,
biographical, news, scientific)
B. Requirements for Copyright Protection

1. Original: independently created by the author. It can be


similar to other works; it can be of any quality and created
without copying from someone else.
2. Physical or fixed in a tangible medium: digital
(computer, DVD, cell phone, tablet) paper, magnetic tape
(VCR, cassette).
3. Creative: copyright does not protect facts (historical,
biographical, news, scientific)
Fair Use
Fair Use is the limitation and to the prerogative granted by
copyright law to the author of an ingenious work. samples of
use embrace statement, search engines,
criticism, news coverage, research, teaching, library archiving
and scholarship.

Fair use is a set of legal exceptions to copyright. Fair use


allows certain ways of using copyrighted material for
educational purposes. Fair use allows the reproduction of
copyrighted works for criticism, comment, news reporting,
teaching, scholarship, and research. Fair use supports
scientific discovery and the sharing of culture and ideas.
Guidelines for Fair Use
• A majority of the content you create must be
your own
• Give credit to the copyright holder.
• Don't make money off of the copyrighted work.

Four Factors of Fair Use


1. The purpose of reproduction.
2. The nature of the original work.
3. What percentage of the original work is reproduced.
4. Any effect on the market (sales) potential of the
original.
Plagiarism
The plagiarism is copying or closely imitating the work of
another author, composer, etc., while no permission and
with the intention of passing the results of as original.
What is netiquette?

Netiquette refers to a collection of rules that governs


what conduct is socially acceptable in a web or digital
scenario. It’s a social code of network communication.
Netiquette is a set of rules for behaving properly on-line.
It represents the importance of correct manners and
behavior on-line. In general, netiquette is that the set of
skilled and social etiquettes practiced and advocated in
transmission over any electronic network. Common
pointers embody being courteous and precise, and
avoiding cyber-bullying.
Netiquette additionally dictates that users ought to adapt
copyright laws and avoid over victimization emoticons. It
could be a short type of network rule or net rule. The
word netiquette could be a combination of ‘net’ (from
internet) and ‘etiquette’. It suggests that respecting
alternative users’ views and displaying common courtesy
once posting your views to on-line discussion teams.
10 Basic Rules of Netiquette or Internet Etiquette

Know your manners when using Technology. The rules of


etiquette are just as important in cyberspace as they are
in the evidence of poor netiquette can stick around to
haunt you for much longer. Follow these basic rules of
netiquette to avoid damaging your online and offline
relationships.
1. Remember That Real People Take Priority

If someone is in the room with you, stop what you are


doing and look at them. And don’t answer your cellphone
unless it is to tell the person on the other end that you
will call them right back. If you are expecting an important
call or email, let the person know upfront, and apologize
for taking the call. This is also true of public places, such
as restaurants, public transit, stores, and libraries. Avoid
taking phone calls and having conversations in these
shared spaces.
2. If You Wouldn’t Say It to Someone’s Face, Don’t Say It
Online

Name-calling, cursing, expressing deliberately offensive


opinions – if you wouldn’t do it to the face of anyone
who might conceivably see what you write, don’t write
it. This goes for any social media site, forum, chat room,
or email message, even if you think it can’t be traced
back to you.
3. If You Wouldn’t Show it in Public, Don’t Share It Online

Naked sex pictures, drunk pictures, drug use pictures,


unedited home video - if you would have a problem with
your boss, your parents, or your kids seeing it now, or at
any point in the future, don’t post it online.
4. Don’t Exclude Your Audience

If you have an in-joke to share with one other person, or


a small number of people in a larger online group, send
them a private message. Don’t make everyone else feel
left out by posting an obscure comment to your
Facebook status, forum, or Instagram story.
5. Don’t “Friend” Then “Unfriend” People
NO one believes you have 1,000 friends, but it is
insulting to be dropped from someone’s friend list. Think
about it before adding them or accepting their
invitation. If you don’t want to be in touch with them,
don’t add them in the first place. If you want to stay in
touch for professional reasons, tell them you only
use Facebook for close personal friendships, and join
LinkedIn or another professional networking site for
more distant contacts.
6. Don’t Overload System Resources With Enormous
Files

You might think that sequence of nature pictures with


inspirational statements is wonderfully moving. It might
even give you a sense of serenity. But that is the last
thing it will give the person you email it to if it crashes
their server, depletes their inbox quota so their emails
get bounced for a week before they realize, or uses up
the last bit of space they needed to complete an
important assignment. So post it to your own space and
send people a link. Don’t attached it to an email.
7. Respect People’s Privacy
Don’t forward information sent to you without checking
with the original sender first. Use BCC (blind carbon
copy) rather than CC (Carbon Copy) if you are sending
something out to more than one person. You might think
that we are sending online, but your friends may not
want their names and or email addresses publicized to
people they do not even know
8. Don’t Repost Without Checking the Facts

That cure for cancer might sound pretty impressive, but


it will cause upset if it is a hoax. And urban myths add to
the noise of the internet and waste people’s time. If you
aren’t sure of the facts, email it to someone who does
know or can find out. Or do a search on Google or
snopes.com.
9. Check and Respond to Email Promptly

By all means, ignore and delete spam, unsolicited


messages, and crazy stuff. But if you have given
someone your email address or if you are in a position
where people could reasonably be expected to contact
you by email and your email address is public, have the
courtesy to reply to their message within a few days.
If it is going to take longer to reply, email them and tell
them that.
10. Update Online Information That People Depend
Upon
Don’t leave inaccurate information online just because
you can’t be bothered to update your website. If you are
going to be unavailable, for example, don’t leave your
hours of operation online indicating you will be
available. If you can’t keep your website up to date, take
it down.
Digital Divide, Addiction, Bullying

Digital Divide
Digital divide could be a term that refers to the gap
between demographics and regions that have access to
trendy info and technology, and people that do not
or have restricted access. Before the late twentieth
century, digital divide referred principally to the division
between those with and without phone access.
The digital divide generally exists between those in cities
and people in rural areas; between the educated and the
uneducated; between socioeconomic groups; and,
globally, between the more and less industrially
developed nations. Even among populations with some
access to technology, the digital divide can be evident in
the form of lower-performance computers, lower-speed
wireless connections, lowerpriced connections such as
dial-up, and limited access to subscription-based content
(Rouse, 2014).
Computer Addiction

A disorder in which the individual turns to the Internet


or plays computer games to change moods, overcome
anxiety, deal with depression, reduce isolation or
loneliness, or distract themselves from overwhelming
problems. The elderly, as well as children and
adolescents, are particularly vulnerable because they
may not realize the extent of their dependency. In many
instances, individuals with computer addiction may seek
help for another condition, such as depression, phobias
or other addictions (Shiel, 2018).
Bullying

Stopbullying.org (2019) defines bullying as unwanted,


aggressive behavior among school aged children that
involves a real or perceived power imbalance. The
behavior is repeated, or has the potential to be
repeated, over time. Both kids who are bullied and who
bully others may have serious, lasting problems.
Three Types of Bullying

• Verbal bullying is saying or writing means things.


Verbal bullying includes:
Examples: - Teasing
- Name-calling
- Inappropriate sexual comments
- Taunting,
- Threatening to cause harm.
• Social bullying, sometimes referred to as relational
bullying, involves hurting someone’s reputation or
relationships. Social bullying includes:

Examples:
- Leaving someone out on purpose
- Telling other children not to be friends with someone
- Spreading rumors about someone
- Embarrassing someone in public
• Physical bullying involves hurting a person’s body or
possessions.

Physical bullying includes:


- Hitting/kicking/pinching
- Spitting
- Tripping/pushing
- Taking or breaking someone’s things
- Making mean or rude hand gestures

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