Work and Property Rights

8/12/2019 Work and Property Rights

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Work and Property Rights


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How to Work Ethically?

One manifestation of working ethically isto work honesty. To work with honesty

means to work with integrity and fairness,that is, to work without cheating or stealing.


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How to become an Honest Worker?

To be an honest worker is to beintellectually honest. To be intellectually

honest is to respect the right of other peopleto the product of their intellectual labor.


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Intellectual Work and Honesty inSchool

School is an academic communitydevoted to the life of the mind. It exist to

train students in academic and moralexcellence in order for them to be successfulmembers of their society in the future.


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Habit of Intellectual Honesty

The Habit of Intellectual Honesty is essential to botintellectual and moral growth. The school, therefore,needs to help build an environment where intellectualhonesty is respected, both by teachers and students. Butthe widespread cases of cheating and plagiarisminevery schools today suggest that our educators are failingin their duties to promote the culture of intellectualhonesty among their students. Without genuine respectfor intellectual honesty, all the noble objectives of everyacademic exercise in school, designed to train everystudents turn into more exercise in futility.


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Plagiarism

Plagiarismis a violation of intellectual honesty. It isboth a form of cheating and is a form of stealing. Studentswho commit plagiarism unfairly claim for themselvessomebody elses work. It is taking and presenting as ones

own, the ideas, writings, creations or inventions ofanother. It does not make any difference whether thesource is a student or a professional in some field. Forexample, in a written work, whenever a sentence or a key

phrase is taken form it without specific citation, there isalready an issue of Plagiarism.


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Paraphrasing

Paraphrasing anothers work, without the properacknowledgement of the author/creator of the work,is also a form of plagiarism.Paraphrased statement

could the hardly be original, because they simplyrestate the idea but they simply have to beacknowledge. Paraphrasing without

acknowledgement of authorship is a seriousviolation as an unacknowledged quotation.


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Intellectual Honesty and the Law

The need to ensure intellectual honestyin society is the foremost reason why laws

protecting intellectual creations areformulated and enforced. Without suchprotection, people will not be motivated to

create and produce ideas that are usefulfor the advancement of humanacknowledge.


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The formulation of laws protecting the labor ofthe mind, so to speak, is also grounded on thebasic idea of justice. It is only fair to recognize

and reward people for giving their time and effortto producing valuable work. The law guaranteesthat people will enjoy the benefits of beingcreative and productive by affording them legal

right over their creative work. This legal rightover the intangible product of the mind is whatwe call Copyright.


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On Copyright

Generally, a copyrightrefers to theexclusive right to publish and sell the

expression embodied in a literary, musicalor artistic work, and of other works thatinvolve original creative effort. It is called

intellectual property rightbecause theCopyright Lawprotects the intangibleproduct of the mind than physical objects.


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Other forms of intellectual property rights includethe patent, which protects an inventor against theunauthorized production, use or sale of his invention;and the trademark, which is a word or symbol

associated with the source of a particular product orservice and is legally protected to prevent its use in amanner likely to confuse the public about source. Allpublicly circulated copies of a work usually bear a

copyright notice, frequently the symbol , or the wordcopyright or the abbreviation copr., with the year of the

works first publication and the name of the copyrightowner.


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History of Copyright

The modern concept of copyright had itsstatutory beginnings in the British copyright law of1710, known as the Statute of Anne which, for the

first time, both recognized the authors right toprotect and statutorily, established a limited termof protection, after which, the work entered thepublic domain. In the US, the first federal

copyright act, which followed British law andcovered books, maps and charts, was passed in1790.


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In the Philippines, the passing RepublicAct 8293, otherwise know as the IntellectualProperty Code of the Philippines haschanged the way information are createdand diffused in the country. Aside fromRepublic Act 8293, other governing laws on

copyright ownership in the Philippinesinclude the Civil Code and Supreme Courtdecision.


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The Economic Philosophy BehindCopyright Ownership

The Philosophy behind copyright ownership isbased on the natural tendencies of men to pursueonly those things that will personally benefit

them.To afford and to protect the right of people

over their creative creation, that is to protect

their rights to be acknowledge and to be paid fortheir work is the surest way of encouragingauthors and inventors to write and to invent.


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Individual efforts are best encouraged bypersonal gain and it is the best way to advancepublic welfare through the talents of authorsand inventors in the science and useful arts.

(MAZER vs. STEIN, 347 U.S. 201)


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Basic terms

ThePhilippine Intellectual Property Law.Otherwise known as RA 8293, defines authoras thenatural person who created the work, or the naturalperson whose name is indicated on a work in the usualmanner even if the name is a pseudonym, where thepseudonym leaves no doubt as to the identify of theauthor.

(RA 8293, Sec. 219.1).


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A collective workrefers to a work which hasbeen created by two or more natural persons at theinitiative and under the directions of another, with theunderstanding that it will be disclosed by the latterunder his own name, and that contributing naturalperson will not be identified.

(Ibid..Sec 171.2).


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Published worksmeans works which, with theconsent of the authors, are made available in thepublic by wire or wireless means in such a way that thepublic may access these works from a place and timeindividually chosen by them-provided that, availabilityof such copies has been such as to satisfy thereasonable requirements of the public having regard to

the nature of the work (Ibid..Sec. 171.1).


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Works That Are Not Protected by theCopyright Law

1. The work must be an original creation. Theform through which the idea is expressed must be anoriginal creation of the author the idea presented in

the work is not necessarily original.2. The work must be of some value or

importance. The idea behind the Copyright Law isto ensure the creation of useful materials for the

advancement of human knowledge. If a material hasno perceived value or use for society, then it does notdeserve any legal protection.


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Copyright as an Economic Right

The economic rights consists of the exclusive rightto carry out, authorize or prevent the following acts(Sec.177.1-177.7).

1. Reproduction of the work or a substantial portion ofthe work

2.Dramatization, translation, adaptation, abridgement,

arrangement or other transformation of the work.


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3. The first public distribution of the original and eachcopy of the work by sale or other forms of transfer ofownership.

4. Rental of the original or a copy of an audio visual or

cinematographic work, a work embodied in a soundrecording, a computer program, a compilation of data,and other materials or a musical work in graphic form,irrespective of the ownership of the original or the copy

which is the subject of the rental.

5. Public display of the original or a copy of the work

6. Public performance of the work for profit

7. Other communications to the public of the work


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Copyright as a Moral Right

The moral rights of the author consist of the ff.

1. To require that the authorship of the works beattributed to him, in particular, the right that his name,

as far as practicable, be indicated in a prominent way onthe copies and in connection with the public use of hiswork.

2. To make alterations of his work prior to, or towithhold from publication.


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3. To object to any distortion, mutilation, or othermodification of, or other derogatory action in relation tohis work which would be prejudicial to his honor orreputation.

4. To restrain the use of his name with respect to anywork not of his own creation, or in distorted version of

his work.


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Copyright and the Principle of Fair Use

The law recognizes the Principle of Fair Use whichlimits the Copyright enjoyed by authors. The Followingare, among others, the major limitations on Copyrightownership:

1. The recitation or performance of a work, once it hasbeen made accessible to the public, if done privately and

free of charge or if made strictly for charitable andreligious institutions or society (Sec. 184. par .a)


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2. Making quotations from a published works if they arecompatible with fair use and only to the extent justified forthe purpose, including quotations from newspaper articlesand periodicals in the form of press summaries:Provided,that the source and the name of the author, ifappearing on the work are mentioned

3. Inclusion of a work in publication, broadcast, or othercommunication to the public, sound recording, or film, if

such inclusion is made by way of illustration for teachingpurposes, and is compatible with fair use:Provided, thatthe source and the name of the author, if appearingon the work are mentioned


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Liabilities and Penalties for Infringement

Any person infringing a right protected by shall beliable to an injunction restraining such infringementand to pay to the copyright proprietor or his assigns orheirs actual damages, including all the expenses as he

may have incurred due to the infringement as well asthe profits the violator may have made due to suchinfringement (Sec. 216.1)

In Section 217, the Criminal Penalties for CopyrightInfringement are set as follows: .


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(a) Imprisonment of 1yr. to 3yrs. plus a fine ranging fromP 50,000 to P 150,000 for 1stOffense

(b) Imprisonment of 3yrs. and 1 day to 6yrs. plus a fineranging from P 150,000 to P 500,000 for 2ndOffense

(c) Imprisonment of 6yrs. and 1 day to 9yrs. Plus a fineranging from P 500,000 to P 1,500,000 for 3rdandsubsequent offenses

(d) In all cases, subsidiary imprisonment in cases ofinsolvency


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Arigatou Gozaimasu01010100

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Credits

Group 3

Aladdin Paolo Sanvictores

John Eugene Alcantara

Work and Property Rights

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