Copyright is a means of protecting a persons intellectual property by ensuring that other people do not copy or adapt the material.
legal concept, enacted by most governments, giving the creator of an original work exclusive rights to it, usually for a limited time. (Wikipedia)
a bundle of rights granted under the Intellectual Property Code to â€œauthorsâ€?. (Disini).
Copyright law by country
• Egypt, South Africa
• Argentina, Canada, Chile, United States,
• Afghanistan, Azerbaijan, China (Hong Kong), India, Iran, Japan, Jordan, Malaysia, Oman, Pakistan, Philippines, Saudi Arabia, Tajikistan, Thailand.
Europe . â€˘ European Union, France, Germany, Greece, Ireland, Italy, Netherlands, Poland, Spain, United Kingdom Other countries: Russia, USSR, Russian Federation, Serbia Switzerland, Turkey
Oceania â€˘Australia New Zealand Copyright law by country
All kinds of items and mediums are protected by copyright Dramatic Works â€˘Literary Works
-novels, poetry, letters, directories, the lyrics of musical works
-distinguished from literary works by the inclusion of spoken words, or described actions.
Artistic Works -Includes photographs, sculptures, maps, plans etc.
A phonorecord is defined by the United States Copyright Act of 1976 to be a material object which embodies sounds (other than those accompanying audiovisual recordings such as movies), for example cassette tapes, CDs or albums
1662-Licensing Act passed: The ability to print books easily and cheaply raised the issue of piracy. As the number of printers increased in England, the King exercised the royal prerogative to regulate the book trade and protect printers against piracy. 1710- Statute of Anne, the first “copyright” act, adopted by British Parliament. The Statute of Anne introduced two new concepts - an author being the owner of copyright and the principle of a fixed term of protection for published works.
1790- Copyright Act of 1790 . Copyright covered only “maps, charts, and books.”
1831-Copyright extended to cover music, and the initial term was lengthened to 28 years (still optionally renewable for another 14 years).
1870- Copyright extended to apply to paintings, statues, and derived works such as translations and dramatisations. 1886- INTERNATIONAL COPYRIGHT ACT 1886 AND THE BERNE CONVENTION -for the Protection of Literary and Artistic Works
Copyright Act 1911- It brought provisions on copyright into one Act for the first time by revising and repealing most earlier Acts. Amendments included the introduction of a further extension of the term of protection, together with a new arrangement for calculating the term of copyright. Records, perforated rolls, sound recordings and works of architecture also gained protection.
Universal Copyright Convention- With the Berne Convention, the Universal Copyright Convention (UCC) , is one of the principal international conventions protecting copyright. Adopted at Geneva in 1952 it was amended in Paris in 1971.
1976- All existing copyrights extended by nineteen years. Renewal requirement dropped: for works created after 1978 the maximum term available applied (life plus 50 years for “natural” authors, and 75 years for corporations). 1976- To simplify copyright law, amendments were made leading to the current situation of all works being automatically covered (© all rights reserved).
Copyright, Designs and Patents Act 1988- The 1988 Act provided another major overhaul and updating of copyright law but the process has continued since then with a number of amendments, many implementing various European Directives. To differentiate it from the original, the act is now referred to as the Copyright, Designs and Patents Act 1988 (as amended).
1992- Renewal requirement dropped for all works created before 1978 that were still under copyright: ninety-five years after the Sonny Bono Act.
1998- Existing and future copyrights extended for 20 years - Sonny Bono Copyright Term Extension Act
Published or made publicly available during the author's lifetime.
Published or made publicly available posthumously
Life of the author + 70 years.
Copyright lasts perpetually until 70 years from the the work is first end of the year published or first published or made publicly made publicly available and available. then either A or B applies.
Created anonymously or under a pseudonym
Copyright expired if...
70 years from the end of the year the work was first published or made publicly available.
Author died before 1 January 1955 and the work was published during the author's lifetime.
Copyright in literary works made for, or first published by a government, or in which copyright is owned by a government, lasts for 50 years from the end of the year of first publication.
Reproduce the copyrighted work ( Copy)
Prepare derivative works (Right to dramatize, adapt or transform the work)
Copyright laws give the author/owner of original works exclusive rights to do any of the following:
Perform or display the copyrighted work publicly in the cases of literary, musical, dramatic, or choreographic works; pantomimes; motion pictures and other audiovisual works; or works of art.
Distribute copies by sale or other transfer of ownership or by rental, lease, or lending.
Contributed to the Public Domain
Copyright has expired
Works of the Government
Philippine Copyright Laws May 5, 1887 • The Spanish Copyright Law came to the Philippines by way of the Royal Decree.
December 10, 1898 • The US Copyright Law was enforced in the Philippines under the Treaty of Paris. It was American laws and jurisprudence that had a great influence on Philippine laws and jurisprudence.
December 15, 1972 • One of the first laws passed during Martial Law was Presidential Decree No. 49, “Decree on Intellectual Properly”, which was signed by former President Marcos August 1, 1951 • The Philippines started to enter into international agreement when it acceded to the Berne Convention for the Protection of Literary and Artistic Works.
April 6, 1993 • The Philippines and the United States entered into an Exchange of Notes on the protection and enforcement of intellectual property rights. The significance of this Exchange of Notes is that the Philippines was removed from the “watch list” and not be subjected to United States trade retaliatory sanctions.
December 15, 1994
• The Philippines entered into the WTO TRIPS Agreement (Agreement on Trade Related Aspects in Intellectual Property Rights) with the approval of Republic Act No. 8293. Passed on June 6, 1997 and took effect on January 1, 1998 • Republic Act No. 8293, “An Act Prescribing the Intellectual Property Code and Establishing the Intellectual Property Office.” This new law incorporated the provisions of international agreements wherein the Philippines is a signatory. This new law has provided protection to copyright owners, both domestic and international.
March 6, 2004 • The first intellectual property, Act 3134 was passed by the Philippine Legislature . It was patterned after the US Copyright Law.
Copyright Protection for Philippine Publications
Intellectual Property Code R.A. 8239
Protected works Copyright Protected Works Books, pamphlets, articles and other writings
Periodicals and newspapers
Lectures, sermons, addresses, dissertations prepared for oral delivery, whether or not reduced in writing or other material form
Dramatic or dramatico-musical compositions; choreographic works or entertainment in dumb shows
Musical compositions, with or without words
Works of drawing, painting, architecture, sculpture, engraving, lithography or other works of art; models or designs for works of art
Original ornamental designs or models for articles of manufacture, whether or not registrable as an industrial design and other works of applied art
Illustrations, maps, plans, sketches, charts and three-dimensional works relative to geography, topography, architecture or science
Drawings or plastic works of a scientific or technical character
Photographic works including works produced by a process analogous to photography; lantern slides
Audiovisual works and cinematographic works and works produced by a process analogous to cinematography or any process for making audio-visual recordings
Pictorial illustrations and advertisements
Other literary, scholarly, scientific and artistic works
Derivative Works Dramatizations, translations, adaptations, abridgments, arrangements, and other alterations of literary or artistic works
(COMPILATION RIGHTS) Collections of literary, scholarly or artistic works, and compilations of data and other materials which are original by reason of the selection or coordination or arrangement of their contents.
Excluded works Unprotected Works any idea
news of the day and other miscellaneous facts having the character of mere items of press information
procedure, system, method or operation
mere data as such, even if they are expressed, explained, illustrated or embodied in a work
any official text of a legislative, administrative or legal nature, as well as any official translation
Works of Government A "work of the Government of the Philippines" is a work created by an officer or employee of the Philippine Government or any of its subdivisions and instrumentalities, including government-owned or controlled corporations as a part of his regularly prescribed official duties.
Territorial works of copyright authors who are nationals audio-visual works of the producers
Works first published in another country but also published in the Philippines within thirty days
Works of architecture
Works first published in the Philippines
Limitations of copyright performance of a work made accessible to the public
use of educational institutions
Public display of the original
quotations from a published work
ephemeral recordings by a broadcasting media
purpose of any judicial proceedings
communication to the public by mass media
work under the control of the Government
Philippine law on â€œFair Useâ€?
purpose and character of use
nature of copyrighted work
portion used in relation to the whole
effect of use on potential market
Lifetime plus 50 years after death literary works and unpublished works works of joint authorship (from death of last surviving author)
50 years from the date of publication anonymous/pseudonyms works photographic and audiovisual works sound recordings and performances
Imprisonment of 1 to 3 years and fine of Php 50,000 to Php 150,000
Imprisonment of 3 to 6 years and fine of
Imprisonment of 6 to 9 years and fine of
Php 150,000 to Php 300,000
Php 500,000 to Php 1,500,000
New Works Protected Computer Programs
Databases Software protected literary work
Reprographic Reproduction by Libraries Code of Ethics for Registered Librarians Art.I, sec.1. Librarians should recognize and respect the supreme authority of the state as expressed through its laws and implemented by its agencies. Art.II, sec.4. Librarians... should refrain from doing acts contrary to laws...
When a single copy may be made by reprographic reproduction
What cannot be produced even for study and research
Problems encountered by librarians
Libraries retain the right to reproduce
How can libraries avoid copyright liability?
Library policies implementing Copyright law
Amendments proposed by HB 3182 to respond to intellectual piracy
Impact of amendments under HB 3182
Copyright in the Digital Age
Challenges Facing Content Owners
Digital Rights Management
The DMCA is divided into five titles
Housed at Stanford Law School Started by legal, academic and business specialists in cyber law/IP, computer science, documentary filmmaking and public domain web-publishing Aimed at developing content, web sites and applications rather than programming
Aims to make creative material more useable by providing free licences that creators can use to give certain permissions in advance
The Purpose of Copyright is... To Expand the Commons “For the Encouragement of Learning”
• Founded in 2001 by Prof Lawrence Lessig at the University of Stanford • Designed to push back against increased enclosure of ‘intellectual commons’ • Six ‘general’, regionalised licences for easy sharing of rights in content • A suite of machine-, human- and lawyerreadable licences
CC is designed to… • provide standardised licences
• facilitate sharing • flexible • easy to use and understand (for people and machines) • applicable anywhere in the world.
Why share? • Facilitates collaboration • Increases reach and reputation • Access new business models • Gives new value to ‘back catalogue’ • Community engagement • Reduces costs for users • Legal clarity and reduced admin • Increases sum of human knowledge, encourages innovation
Creative Commons Licenses Attribution â€˘ Author must be acknowledged on all copies and adaptations of the work, including a link to the original version of the work
Creative Commons Licenses Non-commercial â€˘ The work can only be used for non-commercial purposes
Creative Commons Licenses No Derivatives â€˘ The work can only be distributed in its original form; no adaptations or translations can be made
Creative Commons Licenses Sharealike â€˘ The work can be modified and adapted, but the entire resulting work (including new material added by the adaptor) must be distributed under the same sharealike licence
Final Thoughts ď ąUnauthorised re-use is a fact of life ď ąCreative Commons at least allows a creator to state how they feel about copying and re-use in a well understood form