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c. What is a composite or derivative works? CR2cComposite or derivative works are works that are composed of and from pre-

extisting or different material. It includes anthologies and encyclopedias. It is

usually the case that the pre-existing material from which compilation are made

remain unchanged in the compilation. An example is the anthology of Philippineliterature consist of poems of Filipino poets and prose works of Filipino writers.

d. What is protected by copyright under composite or derivative works? CR2dIt is the selection and the arrangements of the existing material that constitutes

the contribution of the editor calling on his labor and his skill. Independent,

original effort in collecting, assembling, selecting, organizing, arranging, and

compiling the pre-existing material will justify copyright.

e. What is consider not a violation and what is consider a violation for infringementin derivative works? CR2e

It is not a violation of infringement if any of the poems of Rizal in an anthology be

reproduced, read, performed, dramatized or sung because the works of the

national hero have long been in the public domain.

It is a violation of infringement if anyone would photocopy without authorization

the anthology and if one were to broadcast a reading of anthology.

f. Discuss Sec. 173.2 such new work shall not affect the force of any subsistingcopyright upon the original works employed or any part thereof or be construed to

imply any right to such use of the original works, or to secure or extend copyright

in such original works. (Derivative Works) CR2f

Works owned by public domain cannot be the subject of copyright because they

are official documents. When in compilation works by public domain do not enjoy

copyright, however the compilation (anthology) itself is protected under copyright.

2. Periodicals and newspapersa. What does periodicals and newspapers include? CR2g

The Journal of the Integrated Bar of the Philippines as a journal enjoys a

copyright. An individual entries in the journal enjoys copyright as well. A scholarly

article contributed by a law dean, published in the IBP Journal enjoy a copyright

protection distinct from the copyright of the journal itself.

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b. What is protected and what is not protected in periodicals and newspapers. CR2hThe news article, as a literary production is entitled to copyright. The news itself

is not protected by the copyright. The news of the day and other miscellaneous

facts having the character of mere items of the press information is not entitled

to a copyright. A statement having the character of items of press information(e.g. enumeration of the places Pres. Arroyo is set to visit) will not be covered by

copyright.

c. What is the rule on copyright when writer, artist or photographer submits a workto editor of newspaper? CR2i

A writer, artist or photographer submits a work to editor of newspaper thereby

license the editor to publish the work only once unless stipulated in the contract.

Although the work belongs to the newspaper, the copyright still belongs to the

writer, artist and photographer.

3. Lectures, sermons, address, dissertations prepared for oral delivery, whether or notreduced in writing or other material form

a. Justice Jose Feria were invited by the Philippine Judicial Academy to deliver a series offour lectures on civil procedure and with his authority, an avid admirer record his

lectures and his admirer reproduce his recordings and distribute them to the public. Didhis admirer violate any copyright law? CR2j

Yes, he violated a law on copyright. Under Sec. 176.2 only the authors of speeches,

lectures, sermons, addresses and dissertations have the right to make collections of such

works. It would violate the rights of Justice Feria for his admirer to reproduce his

recordings and to distribute, as this would in fact be a compilation or a collection of the

lectures in civil procedure.

b. What is the rule on copyright as to broadcasts and TV shows? CR2kBroadcast or television stations may for the purpose of broadcasting or telecasting make

a sound or video recording recording of a delivery or a performance, provided that such

recording is authorized by the speaker or the performer.

c. Landmark Case Twentieth Century Music Corp vs. AikenFacts: Aiken owned a restaurant has connected speakers to a radio set so that customers

could hear the broadcasts.

4. Lettersa. Who owns the copyright in letters?

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What are the two types of rights under copyright?

There are two types of rights under copyright: (1) economic rights so called because they enable

the creator to obtain remuneration from the exploitation of his works by third parties, and (2)

moral rights which makes it possible for the creator to undertake the measures to maintain and

protect the personal connection between himself and the work.