Introduction to IPR Introduction to IPR and Fair Use (R.A. and Fair Use (R.A.

8293)– Use of Media8293)– Use of Media

INTELLECTUAL PROPERTY CODE OF THE PHILIPPINESINTELLECTUAL PROPERTY CODE OF THE PHILIPPINES [Republic Act No. 8293][Republic Act No. 8293]

http://www.chanrobles.com/legal7copyright.htm#INTELLECTUhttp://www.chanrobles.com/legal7copyright.htm#INTELLECTUAL%20PROPERTY%20CODE%20OF%20THE%20PHILIPPINESAL%20PROPERTY%20CODE%20OF%20THE%20PHILIPPINESCopyright Issues: Multimedia and Internet Resources Georgia Copyright Issues: Multimedia and Internet Resources Georgia

Harper -Harper -http://www.utsystem.edu/ogc/intellectualproperty/mmfruse.hthttp://www.utsystem.edu/ogc/intellectualproperty/mmfruse.htmm

Esplanade Art Beetle

This is a portion of the Esplanade façade in Singapore.

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

MAKATI CITY

Original works – section 172Original works – section 172 Derivative works – section 173Derivative works – section 173 Copy or economic rights – section Copy or economic rights – section

177177 Limitations on copyright – section Limitations on copyright – section

184184

Original WorksOriginal Works Books, pamphlets, articles and other writings;Books, pamphlets, articles and other writings; Periodicals and newspapers;Periodicals and newspapers; Lectures, sermons, addresses, dissertations Lectures, sermons, addresses, dissertations

prepared for oral delivery, whether or not prepared for oral delivery, whether or not reduced in writing or other material form;reduced in writing or other material form;

Letters;Letters; Dramatic or dramatico-musical compositions; Dramatic or dramatico-musical compositions;

choreographic works or entertainment in choreographic works or entertainment in dumb shows;dumb shows;

Musical compositions, with or without words;Musical compositions, with or without words; Works of drawing, painting, architecture, Works of drawing, painting, architecture,

sculpture, engraving, lithography or other sculpture, engraving, lithography or other works of art; models or designs for works of works of art; models or designs for works of art;art;

Original WorksOriginal Works Original ornamental designs or models for articles Original ornamental designs or models for articles

of manufacture, whether or not registrable as an of manufacture, whether or not registrable as an industrial design, and other works of applied art;industrial design, and other works of applied art;

Illustrations, maps, plans, sketches, charts and Illustrations, maps, plans, sketches, charts and three-dimensional works relative to geography, three-dimensional works relative to geography, topography, architecture or science;topography, architecture or science;

Drawings or plastic works of a scientific or technical Drawings or plastic works of a scientific or technical character;character;

Photographic works including works produced by a Photographic works including works produced by a process analogous to photography; lantern slides;process analogous to photography; lantern slides;

Audiovisual works and cinematographic works and Audiovisual works and cinematographic works and works produced by a process analogous to works produced by a process analogous to cinematography or any process for making audio-cinematography or any process for making audio-visual recordings;visual recordings;

Pictorial illustrations and advertisements;Pictorial illustrations and advertisements; Computer programs; andComputer programs; and Other literary, scholarly, scientific and artistic Other literary, scholarly, scientific and artistic

works.works.

Fair Use of a Copyrighted Fair Use of a Copyrighted WorkWork

The purpose and character of the use, The purpose and character of the use, including whether such use is of a including whether such use is of a commercial nature or is for non-profit commercial nature or is for non-profit education purposes;education purposes;

The nature of the copyrighted work;The nature of the copyrighted work; The amount and substantiality of the The amount and substantiality of the

portion used in relation to the portion used in relation to the copyrighted work as a whole; andcopyrighted work as a whole; and

The effect of the use upon the The effect of the use upon the potential market for or value of the potential market for or value of the copyrighted work.copyrighted work.

Reproduction of Published WorkReproduction of Published Work

187.1. 187.1. Notwithstanding the provision of Section 177, and Notwithstanding the provision of Section 177, and

subject to the provisions of Subsection 187.2,subject to the provisions of Subsection 187.2, the private reproduction of a published work in a the private reproduction of a published work in a

single copy, where the reproduction is made by single copy, where the reproduction is made by a natural person exclusively for research and a natural person exclusively for research and private study, shall be permitted, without the private study, shall be permitted, without the authorization of the owner of copyright in the authorization of the owner of copyright in the work.work.

SHORT QUIZSHORT QUIZ

Get a one half, crosswise Get a one half, crosswise sheet yellow papersheet 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 Is any of the item below subject to IPR infringement?subject to IPR infringement?

13. Web publication of IPR laws13. Web publication of IPR laws

14. Use of underground music in a 14. Use of underground music in a classroom videoclassroom video

15. Use of a Disney music in a school 15. Use of a Disney music in a school playplay