2010Copyright Laws and Cases
Transcript of 2010Copyright Laws and Cases
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INTELLECTUAL PROPERTY LAW
(Rep. Act No. 8293) & THE LATEST
INFORMATION TECHNOLOGYby
MILAGROS SANTOS-ONGSEMINAR ON: BREAKING THE BARRIERS:PHILIPPPINE GROUP OF LAW LIBRARIANS
PALMAS DEL Mar, Bacolod City
April 27, 2010
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LAWS
Agpalo in his book entitled, StatutoryConstruction, (1995, p.1) defined Law as
a rule of conduct formulated and made
obligatory by legitimate power of thestate. It includes statutes enacted bylegislature, issuances of the President in
exercise of legislative power..
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LAWS
SOME OF LAWS NEED TO BE AMENDEDTO BE ATTUNED TO THE TIMES OR TOTHE PRESENT CONDITIONS
ONE OF THESE LAWS IS THE
INTELLECTUAL PROPERTY LAW - Rep.Act No. 8293
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HISTORY OF COPYRIGHT LAWS
1. Law on Intellectual Propertyon January 10, 1879published in the Gaceta de Madrid on Jan. 12, 1879.
2. Spanish Copyright Lawcame to the Phil by way of the RoyalDecree of May 5, 1887.
3. US Copyright Lawunder the Treaty of Paris of 10th December1898.
4. Act No. 3134 by the Philippine Legislature on March 6, 1924.
1st intellectual property law patterned after the US Copyright Law.
5. Republic Act No. 167, An Act to Provide the Transfer ofPowers, Duties and Functions Relating to the Registration and
Protection of Copyrights From the National Library to the Patent Office.
June 20, 1947.
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6. Civil Code (1949),Art. 721-724 of Rep. Act No.386 (of. Provisions are on Intellectual Creations.
7. Presidential Decree No. 49,Decree on IntellectualProperty.passed during Martial Law on December 15, 1972.
8.Presidential Decree No. 285,Authorizing theCompulsory Licensing or Reprinting of Educational Scientific orCultural Books and Materials as a Temporary or Emergency
Measure Whenever the Prices Thereof Become So Exorbitant as tobe Detrimental to the National Interest. September 3, 1973
9. Presidential Decree No. 400, Amending PresidentialDecree No. 285. March 1, 1974.
10. Presidential Decree No. 1203, Further AmendingPresidential Decree 285, as Amended by PresidentialDecree No. 400. September 27, 1977
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11. Republic Act No. 8792, An ActProviding for the Recognition and Use of
Electronic Commercial and, Non-Commercial
Transactions, Penalties for Unlawful UseThereof, and Other Purpose, popularly known
as the E-Commerce Law, signed into law on
June 14, 2000, Implementing Rules and
Regulations of the Electronic Commerce Actone
month after the approval of the law, 13th July
2000.
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11. INTELLECTUAL PROPERTY LAW
Republic Act No. 8293,An Act Prescribing theIntellectual Property Code and Establishing theIntellectual Property Office, passed June 6 1997and took effect January 1, 1998.
Incorporated provisions of international agreements wherein thePhil. is a signatory such as the Berne Convention for the Protectionof Literary and Artistic Works ( August 1, 1951), Exchange of Noteswith the United States for the protection and enforcement of intllectual property rights on April 6, 1993, WTO TRIPS Agreement
(Agreement on Trade Related Aspects in Intellectual PropertyRights) on Dec. 15, 1994 and the Dec. 1996 World IntellectualProperty Organization(WIPO) Geneva Protocolwhich covered theprotection of digital technology.
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AMENDMENTS TO REP. ACT NO. 8293,
INTELLECTUAL PROPERTY CODE
Republic Act No. 9502 June 6, 2008
CHEAPER AND QUALITY MEDICINES ACT,
Chapter 2 of Rep. Act No. 8293, on patents ofmedicines
Republic Act No. 9239 Feb. 10, 2004
Regulating Optical Media, Reorganizing
the VIDEOGRAM REGULATORY BOARD
http://www.lawphil.net/statutes/repacts/ra1997/ra_8293_1997.htmlhttp://www.lawphil.net/statutes/repacts/ra1997/ra_8293_1997.html -
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REPUBLIC ACT NO. 9168 June 7, 2002 Phil. Plant Variety Protection Act of 2002 Section 2. Statement of Policies. a) The State recognizes that an effective
intellectual property system in general and thedevelopment of new plant variety in particular isvital in attaining food security for the country. Tothis end, it shall protect and secure the exclusiverights of breeders with respect to their new plantvariety particularly when beneficial to the peoplefor such periods as provided for in this Act.
b) The use of intellectual property bears a
socioeconomic function. To this end, the Stateshall promote the diffusion of technology andinformation for the promotion of nationaldevelopment and progress for the common good.
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REPUBLIC ACT NO. 10055S.B. NO. 3416 H.B. 5208
An act providing the framework and support system forthe ownership, management, use and commercializationof Intellectual Property generated from research and
development funded by government and other purposes. Approved March 23, 2010.
Effective 15 days after publication
Business Mirror, April 23, 2010
PHILIPPINE TECHNOLOGY TRANSFERACT OF 2009
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S.B. NO. 3416Prepared by the Jt. Cttee.on Trade & Commerce, Science
& Technology and Finance with Senators Angara,
Legarda and Roxas
S. B. 1721 introduced by Sen. Angara
S. B. No. 2595 introduced by Sen.
Legarda
H.B. 5208 introduced by CongressmanAbaya, Piamonte, Castelo-Daza,
Chavez, etc.
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Business Mirror, April 23, 2010
or last FRIDAY!
Approved March 23, 2010.Effective 15 days after publication
TECH-TRANSFER LAW SEEN TO BOOST&D, ECONOMY
By Lynn Resurreccion (front page)
REPUBLIC ACT NO. 10055 - FULL TEXT (middle)
Hasten the process of technology commercialization andbroaden the scope protection of intellectual-propertyrights in government research and development
institutions Low patents for local research
1,215 patents, 24 local (sambong) 2006
1,814 patents, 28 local - 2007
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COPYRIGHT PROVISIONS
Copyrightis vested upon the author orcreator from the time of creationirrespective of their mode or form of
expression,as well as their content,quality and purpose. Existing copyrightlaws primarily cover tangible or printed
literary and artistic works.
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LIMITATIONS ON COPYRIGHT
Section 184.Limitations on Copyright. - 184.1. Notwithstanding the
provisions of Chapter V, the following acts shall not constitute
infringement of copyright:
(h) The use made of a work by or under thedirection or control of the Government, bythe National Library or by educational, scientificor professional institutions where such use is inthe public interest and is compatible with fairuse;
(k) Any use made of a work for the purposeof any judicial proceedings or for the giving
of professional advice by a legal practitioner. GOVERNMENT/PUBLIC RECORDS such as official legislation (law), court
decisions, administrative or legal documents. - Section 176 of Republic ActNo. 8293). This holds true to other works of government
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Pirated bills
Atty. Adrian Cristobal Jr., Director of the Intellectual PropertyOffice, wrote an article, Copyright and GovernmentWorks. Business Mirror, Aug. 30, 2007,
stated that recently a member of Congress complained that one ofhis bills was pirated and passed into law but under anotherlegislators name.
Bills are considered as government works which are not protectedby the Copyright law (Section 176 of Republic Act No. 8293). This
holds true to other works of government such as official legislation(law), court decisions, administrative or legal documents. However,the government has proprietary rights if works are exploited forprofits.
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EXCEPTIONNOT FOUND IN THE IPL BUT WASPROMULGATED COVERING DIGITAL WORKS
5.A.M. No. 04-7-06-SC, Re: Conditions on theCommercial Exploitation of Supreme CourtDecisions (July 20, 20040 - covers those whocompile and reproduce decisions in printed and
digital forms. Publishers are required to depositto the Supreme Court Library twenty (20) copiesof their publications.
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The term "compilation" shall refer to acomplete collection of all decisions ofthe Supreme Court covering a period
of more than twenty (20) years."Commercial exploitation" shallmean selling such compilation to the
public for profit;
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6.A.M. No. 04-7-06-SC on Aug. 17, 2004 clarified theterm compilation to cover complete collection of all decisions of the Supreme
Court covering the period of more than twenty (20) years.
SECTION 176. Works of the Government. -176.1. No copyright shall subsist in any work ofthe Governmentof the Philippines. However,
prior approval of the government agencyor office wherein the work is created shallbe necessary for exploitation of such workfor profit. Such agency or office may,
among other things, impose as a conditionthe payment of royalties.
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DURATION OF COPYRIGHT
Sec. 213.1 of Republic Act No. 8293
the lifetime of the author and for50 years after his death.Joint authorship, the economic rights are protectedduring the lifetime of the surviving author and for 50
years after his death. anonymous or pseudonymous works, protection is for 50
years from the date of publication or from the date of itsmaking if unpublished, 50 years after his death
audio-visual or photographic works, be 50 years frompublication or from its making, if unpublished.
Works ofapplied arts, 25 years from the date of making
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ISSUES AND CONCERNS FOR
Librarians
1.Fair Use Doctrine, sec 185
2. Reproduction of the work,
sec.177.1, sec 187.3. Reproduction by Libraries, Sec. 188.
4. Digital works
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Supreme Court on copyright
There are thirty eight (38) decided cases(APPENDIX ), wherein the copyrightowners complied with the copyright
registration at the National Library.
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COPYRIGHT INFRINGEMENT IN
BOOKS/PRINTED MATERIALS
1. Pedro Serrano Laktaw v. MamertoPaglinawan,G.R. No. 11937, April 1, 1918,
(44 Phil. 856-866) - registered literary workentitled Diccionario Hispano-Tagalog whichwas copied entries in the book entitledDiccionariong Kastila-Tagalog, in violation to
article 7 of the Intellectual Property Law ofJanuary 10, 1879. The Court rule that therewas infringement and ordered the book to bepulled out of the market.
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Habana v. RoblesG.R. No. 131522, July 1, 1999
(369 Phil. 764-798)
This case may be classified as a landmark case for librarians for it is theonly case that deals with books and fair use of Republic Act No. 8293.
Chief Justice Davide Jr. dissenting opinion, evaluated and analyzed thefacts of caseas if he was a Librarian for he included library practice and
terminologies in cataloging and classification
system of book classification, the different kinds of card catalogs andtheir entries, use of punctuation marks,paragraphs, the characteristics ofan effective paragraph language structure, different parts of a book, etc.
recognized library classification systems (Dewey Decimal System and theLibrary of Congress System), or how a book can be divided into parts(frontispiece, title page, copyright page, preface, table of contents, etc.) orto the different headings used in a card catalogue (title card, author cardand subject card)
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Major Consideration
Petitioners claim that respondentslifted,copied, plagiarized and/or transposedcertain portions oftheir book, College Englishfor Today, (CET)withoutsecuring their
permissionin the respondents book,Developing English Proficiency. DEP) Inaddition toplagiarismthe complaintincludemisrepresentationadversely andsubstantially diminished the sale of the
petitioners book and caused them damage byway of unrealized income. Both books wereissued copyright registration.
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The Court ruled that the copying alone is not thecause of infringement but injurious effect or theharm that it has caused to the complainant. The injurycaused by the respondent Robles is lifting from
petitioners book materials and misrepresentingthem as her own. When respondent circulated thebook for commercial use without acknowledgingpetitioners as her source, this may have adverselyand substantially diminished the sale of the
petitioners book and caused them damage by way ofunrealized income.
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Reproduction
Reproduction is a major problem as far as copyright lawsare concerned. Photocopying shops surround theuniversities. This condition has not been solved andbased on International Intellectual Property Alliance(IIPA) in their 2007 Special 301 Report (page 373),
statistics trade loss attributed to reproduction isincreasing. Said report has even identified the areasuniversitybeltin Manila and a particular street in mostcities
Reproduction of downloaded works by uploading thenin other websites/blogs, etc. OR printing/photcopying Reproduction of Computer Programs, Sec. 189.1
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DIGITAL WORKS
AND THE NET
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In the Unites States, the Digital Millennium
Copyright Act (DMCA), Pub. L. No. 105-
304, 112 Stat. 2860, was signed by PresidentBill Clinton on 28th October 1998l, covers
webcasting activities. This law provides that
it is a crime to create or sell any technologythat could be used to break copyright
protection devises.
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Intellectual Property Code Rep.Act No. 8293
passed June 6 1997 and took effectJanuary 1, 1998.
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DIGITAL WORKS
There are no clear cut rules or expressed provisions ofcopyright law on digital technology.
Sec. 172, Republic Act No. 8293 explicitly includedcomputer programs in its enumeration of said works.However the use of mode or form of expression in
section 172.2 maybe interpreted as to cover digital
works.
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4. Reproduction of Computer Programs,
Sec. 189.1
Reproduction of one backup copy or adaptation is
permitted provided:
(a) Use of the program in conjunction with the
purpose and to the extent to which the computerprogram is obtained;
(b) Archival purposes or replacement of the lawfully
obtained copy which is lost,
destroyed or rendered unusable.
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Section 189.2
No copy or adaption mentioned in this Section
shall be used for any other purpose other than
the ones determined in this Section, and any
such copy or adaptation shall be detestroyed inthe event that continued posession of the copy
of the computer program ceases to be lawful.
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Section 189.3
This provision shall be without prejudice to the
application of Section 185 whenever
appropriate.
Section 185- Fair use of copyrighted works
Republic Act No 8792
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Republic Act No. 8792
E-Commerce Law
More explicit provisions on digital works but ismore inbusiness-to business and business-to-consumerstransaction. However, it recognizes the use ofelectronic documents, criminalizes hacking of
computers or the launching of viruses and penalizespiracy of copyrighted works (Sec. 31(b)). Toguarantee its implementation, this law provides for
penalties to related crimes particularly those that
involve hacking and piracy.
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Republic Act No. 8484 is an act
regulating the issuance and use of access
devices, prohibiting fraudulent acts
committed relative thereto, providing
penalties. - Deals more specifically on
commercial devices such as ATMs and
commercial transactions
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AMENDMENT TO
Rep. Act No. 8293 - Intellectual Property Code
passed June 6 1997
MUST BE ATTUNED TO THE TIME ORTO THE PRESENT CONDITIONS AND TO
COMPLY WITH INTERNATIONAL LAWS
AND TREATIES WHEREIN THE
PHILIPPINES IS A SIGNATORY
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EXECUTIVE ISSUANCE
Adm. Order No. 86 Nov. 3, 2003
Directing All Government Agencies and
Intrumentalities, Including Local Government Units,to Render Full Assistance and Cooperation in the
Creation of Appropriate Linkages of their Existing
Electronic Databases with the Executive Information
System of the Office of the President.
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PENDING BILLS
Senate Bill No. 880An Act Amending Certain Provisions ofRep. Act No. 8293 - Intellectual Property Code
Senator Edgardo J. Angara who authored this bill, stated that
this bill was filed to respond to the upsurge of internetpiracy internet hackers victimizing even governmentwebsites and contents.
(www.senate.gov.ph/press_release/2009/0606_angara2.asp)
DOJEnchanted Kingdom
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House Bills No. 322 and 3308 by CongresswomanImee Marcos (Ilocos) and Congressman Joey Salceda (Albay),
the House of Representativess amendments to the IPL were
deliberated on in the Committee on Trade & Industry chairedby Congressman Junie Cua (Quinine)(http://congress.gov.ph)committees/commnews_det.p..)
House Bills No. 3741 and 4217 byCongresmen Rodriguez and Tieng
respectively
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WIPO COPYRIGHT TREATY (WCT)&
WIPO PHONOGRAMS TREATY (WPPT)
came into force in the Philippines on October 4, 2002
A signatory is under obligation to providelegal framework of basic rights, to ensure
that creators may control the use andemployment of their works as they aredisseminated through the newtechnologies and communication systems;
and technological adjuncts to ensure thatrightholders can effectively protect theirrights and to license their works online.
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INTELLECTUAL PROPERTY
COALITION INC. REPORT Submitted via http://regulations .gov John J. Lesaca, Chairman
Numeriano F. Rodriguez , Jr., Secretary-General
2008: Issues and Challenges in the Protection andAdvancement of Intellectual Property Rights in the
Philippines
Recommendations:
1.Passage of the bills specially to implement Internet Treaties
2. Adoption of defintiverules on the prosecution level, including search andseizures, search warrants
4. Strengthening the role and function of the OMB
5. Creation of more IP Courts or IP dedicated
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Software Piracy
Aniceto Ribao in his article Legal and practical
considerations of software piracy (World Bulletin
13, 44. (1997)
Now Popular - Open Source
Software in the Internet which can beused to suit specific needs
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http://www.strategiweb.com/Phil_ipr.php
5 Common types of software piracy:
1. End-user piracy -corporate end-user piracy, additional copies without authorization
2. Client-server overusetoo many employees on a network use a central copy program atthe same time
3. Internet piracysoftware sale online
Pirate websites software for free in exchange for uploaded programsInternet auction sites offer counterfiet, out-of-channel infringing softwarePeer-to-Peer networks enable unauthorized transfer of copyrighted programs
4. Hard disk Piracy OLD new computer loads illegal copies of software
5. Software counterfeitingillegal duplication and sale of copyrighted material with theintent of directly imitating the copyrighted product
MOST VISIBLESale of Counterfeit CD-Roms
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SOFTWARE PIRACY
http:www.strategiweb.com/Phil_ipr.php
YOU MAY ONLY COPY, ADOPT OR
RENT A COMPUTER PROGRAM IF THECOPYRIGHT OWNER GIVES YOU THEPERMISSION TO DO THIS. THIS
PERMISSION IS GIVEN IN THE FORM OFLICENSE.
T hi M L i d t hi li
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Techie Mommy;Learning and teaching online
Good Possibilities (A Series Part 1)
By JAYE C. BAUTISTA April 7, 2009, 2:40pm
Internet usage increased from 23 percent in 2007 to 28 percent in2008. Around 28% of Filipinos in National Urban Philippines haveaccessed the internet in the past month. 5% access the internetevery day. That is an estimated 20 million internet users up by 5%
from the last years estimate. They also look for advice online before buying things as
well as other avenues of learning. Internet cafes are animportant access point. 71% have accessed the internetfrom internet cafes in the past 3 months. 47% of allinternet time are spent in internet cafes. (This wasbased on Yahoo! & Nielsen First Ever Internet HabitsStudy for the Philippines)
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WORKS IN THE ON THE
INTERNET
BLOGS
FRIENDSTER
FACEBOOK
WHAT MUST BE DONE?
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PHILIPPINES STILL IN THE
WATCHLIST International Intellectual Property Alliance (IIPA) in their
2007 Special 301 Report (page 377)
(www.iipa.com/rbc/2007/2007SPEC301PHILIPPINESpdf) stated that the increase in 2006, the
availability of broadband both homes and internet cafeshas increase the threat of illegal downloads tolegitimate sales and distribution. Motion picture industryand local music recording industry are affected by theillegal loading of pirated music. MP3 format recording
are illegally downloaded to mobile phones, flash drives,recordable discs and even computer hard drive.
http://www.iipa.com/rbc/2007/2007SPEC301PHILIPPINESpdfhttp://www.iipa.com/rbc/2007/2007SPEC301PHILIPPINESpdfhttp://www.iipa.com/rbc/2007/2007SPEC301PHILIPPINESpdfhttp://www.iipa.com/rbc/2007/2007SPEC301PHILIPPINESpdf -
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Copyrighted works placed in the
Internet
Full text ofArticles,transactions or anyinformation found in the Internet have
implied consent or implied licensefrom theauthor to download or printed and/or use it
The full text of some cannot be read unless thereader pays or subscribes to it.
House Bills No. 322 & 3308 deliberation IPO DirectorGeneral Adrian Cristobal Jr. stated, data, music. Otherworks posted in the internet form part of the publicdomain and are this freely downloable. However,there is infringement of the law if these information,dataare being exploited for profit.
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FOR BOTH INSTANCES
Infringement is committed when aportion(s) or the whole material is copiedand forms part of another
publication/website/blog withoutacknowledging AND/OR asking theauthor or asking his consent.
OTHER LAWSAFFECTED/INFRINGED
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1. PLAGIARISM
Another cause of action when there is noacknowledgment and/or consent of the author
The much publicized plagiarism case is thecommencement address of Manuel Pangilinan at thegraduation exercises of Ateneo de Manila Schools ofHumanities & Social Science last March 27 whichcontains passages or paragraphs from the works orspeeches of J. K. Rowling, Conan OBrien, Oprah Winfrey
an Barack Obama. Mr. Pangilinan admitted his guilt for the speech
was done by 2 speechwriters
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Academic dishonesty in China by Gillian Wong, ManilaStandard, April 12, 2010
Ghostwriting, plagiarizing is rampant in China forprofessors need to author research papers to get
promoted. One ghost writers fee is aout 300 yuan or$45. This pressure to publish created ghostwriting boomwerein nearly 1 billion yuan (about $145 million) wassenton academic papers.
This is also required in some colleges and universities inthe Philippines not only for promotion but forpermanent/full-time status.
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PLAGIARISM
INQUIRER EDITORIAL (April 5, 2010)
Defined Plagiarism as the act of passing off asones own the ideas or writings of another.
William Shakespeare, T.S. Elliot, Jack London.Alex Haley settled out of court for $650,000 formore than 80 passages of Harold Courlanders
TheAfrican in his Pulitzer Prize winning, TheRoots.
INQUIRER EDITORIAL (April 5,
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INQUIRER EDITORIAL (April 5,2010)
Measures to avoid charge of plagiarism:
1. If you use someone elses ideas, YOUSHOULD CITE THE SOURCE;
2. If the way youre using the source is unclear,MAKE IT CLEAR; and
3. If you receive help from someone in writingthe paper (or report or speech), ACKNOWLEDGE
IT Even if one is paraphrasing, one is still usingsomeones ideas and arguments and MUST CITEthe original work.
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Rina Jimenez-David
Like the Inquirer editorial, Ms. David wrote
that plagiarism could have been sidestepped
by the wise use of quotation marks and timely
use of such remarks as: as J.K. Rowling put
it or as a far wiser person like Oprah
Winfrey put it
U l d d i th K ft E G
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Uploaded in the Kraft E-Group
acknowledging the Source POPEYESFritters
Recipe By: Popeye'sPublished in: Detroit NewsPublish Date: January, 2008Makes 4 side dishes.
Ingredients:1 box spinach -- chopped frozen thawed and squeezed dry1/4 cup onion -- finely chopped2 eggs2 Tbsp flour1 tsp cuminsalt and pepper to taste2 Tbsp olive oil
Method:In a large bowl, stir together 1 (10-ounce) package frozen, chopped spinach, thawed and squeezed dry, with 1/4 cup finely chopped onion, 2 eggs, 2tablespoons flour, 1 teaspoon ground cumin and salt and pepper to taste. Heat 2 tablespoons olive oil in large skillet and spoon heaping tablespoons ofspinach batter into hot oil, do not overcrowd pan. Cook the fritters on each side until brown and crispy, about 4-5 minutes total.
Recipe Notes:Coming up with a super veggie dish isn't always easy in the winter months. Options are limited, but these spinach fritters are so good you could evenserve them as a main course along with rice or a Waldorf salad.
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2. LIBEL
Article 353 of the Revised Penal Codedefineslibel as a public and maliciousimputation of a crime,or of a vice or
defect, real or imaginary, or any act,omission, condition, status orcircumstance tending to cause the
dishonor, discredit or contempt of anatural or juridical person, or to blackenthe memory of one who is dead.
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2. LIBEL
Requisites must concur:
(a) it must be defamatory;
(b) it must be malicious;
(c) it must be given publicity;
and (d) the victim must be identifiable.
.
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A recent case of Libel is
The case filed by Supreme Court JusticePresbitero Velasco for 13 counts of libelagainst Marites Vitug for her online article
on ABS-CBNNEWS.com/Nesbreak entitledSC Justice in Partisan Politics, whichappeared for 13 consective days.
Senatorial candidate - Libel for internet
data line with the issue of a candidatespsychological tests
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c. Election Law
Internet ads not restricted by new Comelec guidelines KIMBERLY JANE T. TAN, GMANews.TV02/05/2010 | 11:38 PM
Moreover, the Commission is unable to restrict election propagandadisseminated on the Internet.
"There are no guidelines as of yet [but] this is not something that we aregoing to tread lightly on," he said, without elaborating.
Candidates are already advertising on social media such as Facebook andthrough Google ads, not to mention established media web sites(Disclosure: GMANews.TV is one such news site that has hosted politicalads).
With its millions of web sites and blogs, the Internet is a nightmare forgovernment regulators anywhere.
Jaemark Tordecilla and Justine
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Jaemark Tordecilla and Justine
Espina-Letrgo (PCIJ) Election laws abandoned by candidates in online
campainging, Manila Times, April 8-10, 2010
Online, betws wage war sans rules, cap on costs,
Phil. Star, April 9-10, 2010
Filipino internet users is pegged at aro und 24 million and mobile phoneusers at around 63 million
Candidates have taken interets on those figures to put up complex,interactive websites of their own, even as they litter popular online
publications, blogs and social networks with political propaganda. Text-blasting or sending of unsolicited SMS messages
YouTube
d Labor law
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d. Labor law 1. Dismissal from serviceBlog material
2 Appointments
3. On-Line application
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e. Censorship vis--vis INTERNET FREEDOM
Chin Wong in article Protecting onlinefreedom (Digitial Life column, Manila Standard,)
Sec of State Hillarys speech in support of
Internet Freedom U.S. vision of singleinternet where all of humanity has equalaccess to knowledge and ideas
Internet censorship in China, Vietnam,Saudi Arabia, Egypt, Tunisia & Uzbekistan
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Googles announcement to pull out of Chinaunless it stop censoring search results. Toinvestigate reports that hackers are exploiting asecurity hole in Microsofts Internet explorer
browser to hack Google Mail accounts of humanrights activists protesting policies.
Italys censorship from the evils of pornography.Australia
Philippines is thru the bill Cybercrime PreventonAct as an offshoot of the Hyden Khos case
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Access Policy
Blocking of Facebook and some social social
networks, even YouTube
Rationle
1. work disruption
2. viruses
3. affects the access speed of institutionalnetworks
POLYTECHNIQUE UNIVERSITY OF
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POLYTECHNIQUE UNIVERSITY OF
THE PHILIPPINES WEBSITE
Terms of Use Acceptance of Terms
The information contained in PUPWebSite ("INFO") is provided by PUP and may be used for informationalpurposes only. By downloading any of the INFO contained in PUPWebSite, you agree to the terms and provisionsas outlined in this legal notice. If you do not agree to them, do not use this site or download INFO.
PUPWebSite and all its components (that are located within PUPWebSite) are protected by copyright laws andinternational copyright treaties, as well as other intellectual property rights laws and treaties. PUPWebSite isaccessed within conditional usage, not on full-entry access. These include, but not limited to, the followingprovisions:
GRANT OF CONDITIONAL USAGE. PUPWebSite is within conditional usage as follows:
Visiting, Browsing, and Interaction. PUP grants you conditional access to visit, browse, and interact withPUPWebSite as long as you abide with this TOU on your computers running validly licensed copies of software forwhich PUPWebSite was designed.
Ownership of Data. The INFO in PUPWebSite is owned by PUP and is managed by PUP ICT Center. This INFOis protected by intellectual property rights and may not be distributed, modified, reproduced in whole or in partwithout prior written permission from PUP and PUP ICT Center. The images from PUPWebSite may not bereproduced in any form without the prior advance written consent from PUP ICT Center (from which the imageswere originally developed). The University and PUPWebSite's inscription and PUPWebSite, consisting the logoand the typeface, should follow the standard. It cannot be altered in any way, such as in layout, shape, font, fontstyle, font size, position or color. When permission to reproduce materials are granted, the University andPUPWebSite should be acknowledged as the source of the materials. Other data used in PUPWebSite, which is
copyrighted by other entities are properly acknowledged within the Web page. Reference Copies. You may also make copies of CERTAIN parts of PUPWebSite as may be necessary for
educational, reference, and archival purposes only. (Please read the "Ownership of Data" clause) Links to Other Web sites. . When you access a non-PUPWebSite, it is independent from the University and
that PUP has no control over the content on that site and it does not mean that PUP endorses or accepts anyresponsibility for the content or use of such site. Other name entities of other organizations used withinPUPWebSite are also protected by copyright laws and international treaties.
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CONCLUSION
LIBRARIANS AS PROFESSIONALS must be honest andupright and should not compromise their principles.
They should: 1. Always cite the source and/or simply remember to I
quote.. 2. Internet use mustnot be abused Blocking and/or restrictions 3. Police each other Might have forgotten the law or
are simply not aware that a law is infringed
4. Library Cooperation - Post in the library associationwebsites or blog important articles. PAARLwikipediaCongratulation
5. Respect website policy specially its restrictions
APPENDIXSUPREME COURT DECISIONS ON COPURIGHT
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SUPREME COURT DECISIONS ON COPURIGHT
INFRINGEMENT
1. Habana v. Robles, G.R. No. 131522, July 19,1999
2.Pearl and Dean (Phil) Inc. v. Shoemart Inc. G.R.No. 148222, August 15, 2003
Illuminated Display units wherein certificate of registration wasissued Pres. Decree No. 49
3. Ching v. Salinas Sr., G.R. No.161295, June 29,2005
4. Leif Spring Eye Bushing for Automobilemanufacturers
5. Joaquin Jr. v. Drilon, G.R. No. 108946, January
28, 1999, 302 SCRA 225 (1999). Co ri ht to a TV ro ram Its a Date
6. NBI-Microsoft Corp. v. Hwan, G.R. No. 147043,June 21 2005
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June 21, 2005Licensing agreement and the Department of Justices grave abuse ofdiscretion
7. Microsoft Corp. v. Maxicorp. Inc., G.R. No.140946, September 13, 2004Unfair competition pursuant to Pres. Decree No. 49 and the RevisedPenal Code
8. Columbia Pictures Inc. v. Court of Appeals. G.R.No. 110318, August 29, 1996, , 261 SCRA 144Copyright on motion pictures and the validity of the search warrants- Pres. Decree No. 49
9. Sambar v. Levis Straus & Co., Gr. No. 132604,
March 6, 2002Director of National Library was order to cancel registration - Designon the back pocket of European jeans
10. Levis Straus (Phil) v. Vogue Traders ClothingCo., G.R. No. 132993, June 29, 2000Copyright infringement of Live & Original Jeans, pocket design
12. Summerville Merchandising v. Court ofAppeals G R No 158767 June 26 2007
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Appeals, G.R. No. 158767, June 26, 2007Plastic container of playing cards
13. Uniliver Philippines v. Court of Appeals, G.R.
No. 119298, August 10,2006 Airing of TV commercial of laundry soap double tagtac-toc.Certificate of registration was issued
14. Mighty Corporation v. E & J Gallo Winery, G.R.No. 154342, July 14, 2004
Certificate of registration by the National Library was issued forLa Campanas lifetime copyright claim over Gallo cigarettelabels
15.Columbia Pictures Entertainment Inc. v. Courtof Appeals. G.R. No. 111267, September 20,
1996 Probable cause to determine copyright infringement of
films
16. Mirpuri v. Court of Appeals, G.R No.114508 N b 19 1999
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114508, November 19, 1999Trademark infringement of Barbison - Convention ofParis for the Protection of Industrial Property
17. Manly Sportwear v. Dsdotte Ent., G.R.No. 165306, September 20, 2005
Copyright on sportswear
18. Bayanihan Music v. BMG, G.R. No.166337, March 7, 2005
Certificate of registration by the National Library wasissued for 2 musical composition of Jose Mari Chan
19. Sony Music Phils. V. Espanol, G.R. No.156804, March 14, 2005
Pirated CDs
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20. Kho v. Court of Appeals, G.R. No. 115758,March 19, 2002Oval facial cream case as shown in its Certificate of registration
21. Kho v. Summerville Merchandising, G.R. No.144100, August 29, 2000
Certificate of registration by the National Library on container ofbeauty cream
22. Kho v. Lansanas, G.R. No. 150877, May 4,2006
Oval facial cream case
23. People v. Choi, G.R. No. 152950 Probable cause on copyright infringement on fake cigaretts
24. People v. Estrada, G.R. No. 124461,
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September 25, 1998, 296 SCRA 383Search for pirated CD Pres. Decree No. 49
25. Serrano v. NLRC, G.R. 117040, May 4,2000Probable cause for issuance of search warrant
26.McDonalds v. Big Mak, G.R. No. 143993,August 18, 2004
27. Cucueco v. Court of Appeals, October
25, 200428. Sony Computer Entertainment Inc. v.
Right Future Technology, G.R. No.169156. Feb. 15, 2007
29. Phoenix Publishing House, Inc. v. Ramos, G.R.No. L-32339, March 29, 1988, 159 SCRA 383
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No. L 32339, March 29, 1988, 159 SCRA 383(1988).Reprint, published and distributed the of 2 books
30. 20th Century Fox Film Corp. v. Court ofAppeals, G.R. Nos. 76649-51, August 19, 1988.164 SCRA 655 (1988).
31. Laktaw v. Mamerto Paglinawan, G.R. No.
11937, April 1, 1918 (44 Phil. 856-866) Copyright infringement of a dictionary32. United States v. Yam Tung Way, G. R. No.
L6217, December 18, 1911Copied, printed and reproduced a literary work with out consent
33. Philippine Education Co. Inc. V. Sotto, G.R. No.
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L-300774, January 29, 1929
Common courtesy among newspaper men to give the
source of reproduction34. Ocampo v. Tancinco, G.R. No. L-5967, January
31, 1955)
35. Mauro Malang Santos v. McCullough Printing
Co., G.R. No. L-19439, October 31, 1964Use of a design for a christmas card used by Amb. Neri
36. Filipino Society of Composers, Authors andPublishers Inc. v. Tan, G.R. NO. 36402, March
16, 1987Singing of Dahil sa Iyo in a restaurant
37 SANRIO COMPANY LIMITED vs EDGAR C LIM
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37. SANRIO COMPANY LIMITED vs. EDGAR C. LIM,doing business as ORIGNAMURA TRADING, G.R. No.168662 , February 19, 2008
38.PEOPLE vs. CHRISTOPHER CHOI, G.R. No. 152950,August 3, 2006
a search warrant for violation of Section 168, paragraphs 2 and 3(a) and (c), in relation to Section 169 of RA 8293