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Guide for understanding copyright

Guide author: Library & Information Science student

Gem Burneth E. Lacambra
Student

Email: gem02.lacambra@gmail.com

Note: This guide was created as one of the requirements for the LIS subject, Information Literacy.

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This Guide's objectives:

The copyright or author's rights a legal term used to describe the rights that authors have over their literary and artistic works

This guide seeks to:

  • define what is Copyright;
  • identify the Copyright Law;
  • identify works that need to be copyrighted;
  • differentiate the literary or artistic works;
  • assess the understanding of copyright and copyright law;
  • locate library resources about copyright.

Copyright defined

Copyright (©) is a legal means of protecting an author's work. It is a type of intellectual property that provides exclusive publication, distribution, and usage rights for the author. This means whatever content the author created cannot be used or published by anyone else without the consent of the author

There are three basic requirements for copyright protection: that which is to be protected must be a work of authorship; it must be original, and it must be fixed in a tangible medium of expression (Copyright.gov, 2020)

What constitutes copyright infringement in the Philippines?

Under Philippine law, copyright infringement occurs when there is a violation of any of the exclusive economic or moral rights granted to the copyright owner. It may also consist in aiding or abetting such infringement. The IP Code also provides for the liability of a person who at the time when copyright subsists in a work has in his possession an article which he knows, or ought to know, to be an infringing copy of the work for the following purposes:

(a) selling or letting for hire, or by way of trade offering or exposing  for sale or hire, the article;
(b) distributing the article for the purpose of trade, or for any other purpose to an extent that will prejudice the rights of the copyright owner in the work; or
(c) trade exhibit of the article in public.

What are the penalties provided by Philippine law for copyright infringement?

Under Philippine law, copyright infringement is punishable by the following:

  • Imprisonment of between 1 to 3 years and a fine of between 50,000 to 150,000 pesos for the first offense.
  • Imprisonment of 3 years and 1 day to six years plus a fine of between 150,000 to 500,000 pesos for the second offense.
  • Imprisonment of 6 years and 1 day to 9 years plus a fine ranging from 500,000 to 1,500,000 pesos for the third and subsequent offenses.
  • The offending party may also be ordered to pay civil damages.

Injunction and destruction of the infringing goods or products can also be obtained, as well as seizure and impounding of any article which may serve as evidence in the court proceedings.

Go to this link for more information about copyright law

Art can be defined as the expression of creative skill in a visual form. On the other hand, Literature refers to written works regarded as having artistic merit. The key difference between art and literature is that while art generally tends to be visual and auditory, literature is not. It is based on texts. Read more

Artistic works Literary Works Musical Works

paintings
sculptures
graphics
cartoons
etchings
lithographs
photography
drawings
plans
maps
diagrams
charts
buildings
models of buildings
moulds and casts for sculptures

novels
text books
newspaper articles
magazine articles
journals
poems
song lyrics
timetables
technical manuals
instruction manuals
computer software
computer games
anthologies
directories
databases

melodies
song music
pop songs
advertising jingles
film score

 

Dramatic Works

plays
screenplays
mime


Find more

 

Library Resources on Copyright

The following are the library resources about copyright both in print and electronic.

The following can be accessed via ProQuest. Contact or CHAT BERTHA for your log-in details.

Pistorius, T., & Mwim, O. S. (2019). The impact of digital copyright law and policy on access to knowledge and learning. Reading & Writing, 10(1) doi:http://dx.doi.org/10.4102/rw.v10i1.196 [Access on ProQuest]

Wherry, T. L., & Dowding, M. R. (2003). The librarian's guide to intellectual property in the digital age: Copyrights, patents, and trademarks. Canadian Journal of Information and Library Science, 27(1), 79-80. Retrieved from https://www.proquest.com/scholarly-journals/librarians-guide-intellectual-property-digital/docview/213901147/se-2?accountid=35994

McLaren, C. (2003, Fall). Copyrights & copywrongs [copyrights and copywrongs: The rise of intellectual property and how it threatens creativity]. Matrix, 16-19. Retrieved from https://www.proquest.com/magazines/copyrights-copywrongs-rise-intellectual-property/docview/233368481/se-2?accountid=35994

Copyright Protection for Philippine Publications by Fe Angela M. Verzosa

Philippine Copyright Laws and eBooks on Pinoy Tech Blog