Copyright and Related Laws : Copyright and Related Laws Effects on Library Service in the Philippines
Vyva Victoria M. Aguirre, LL.M., M.L.S.
Rep. Act 9246: The Philippine Librarianship Act of 2003 : Rep. Act 9246: The Philippine Librarianship Act of 2003 Art.I, sec.2. The state recognizes the essential role of librarianship as a profession in developing the intellectual capacity of the citizenry, thus making library service a regular component for national development...
LIBRARIANSHIP:A SERVICE PROFESSION : LIBRARIANSHIP:A SERVICE PROFESSION Its commodity:
INFORMATION
Limitations to free access to information: : Limitations to free access to information: Copyright
Related Laws:
E-Commerce Law
Optical Media Law
Philippine Constitution, art. XIV, sec.13: : Philippine Constitution, art. XIV, sec.13: The state shall protect and secure
the exclusive rights of scientists, inventors, artists and other gifted citizens
to their intellectual property and creations,
particularly when beneficial to the people...
Creator’s rights: : Creator’s rights: Effects on library service in the Philippines
the digital environment
INTELLECTUAL CREATION : INTELLECTUAL CREATION Author: literary, dramatic , historical, legal, philosophical, scientific or other work
Composer: musical composition
Painter, sculptor, other artists: product of their art
Scientist, technologist, other persons: discovery or invention
Intellectual Property Code, sec.172.2 : Intellectual Property Code, sec.172.2 Works are protected by the sole fact of creation,
irrespective of their mode or form of expression,
as well as of their content, quality and purpose.
Copyright, defined: : Copyright, defined: an intangible, incorporeal right
granted by statute to the author or originator of certain literary or artistic productions
whereby he is invested, for a limited period,
with the sole and exclusive privilege of multiplying copies of the same and publishing and selling them. (Sibal, 1986)
Limitations to copyright: : Limitations to copyright: ideas, concepts, principles, discoveries or mere data as such, even if expressed, not subject to copyright
procedure, system, method or operation,
Limitations... : Limitations... news of the day
other miscellaneous facts of mere items of press information
official texts of legislative, administrative or legal nature, including translations thereof
Registration and deposit requirements (IPR Code, sec.191) : Registration and deposit requirements (IPR Code, sec.191) After the first public dissemination or performance by authority of the copyright owner...
there shall, for the purpose of completing the records of the National Library and the Supreme Court Library,
within three weeks,
Registration and deposit... : Registration and deposit... be registered and deposited with it...
two (2) copies or reproductions of the work
in such form as the directors of said libraries may prescribe...
Philippine law on “fair use” : Philippine law on “fair use” for criticism, comment
news reporting
teaching, including multiple copies for classroom use,
scholarship, research and similar purposes
FAIR USE, CRITERIA : FAIR USE, CRITERIA purpose and character of use – commercial or non-profit?
nature of copyrighted work – for general audience or textbook?
amount and substantiality of the portion used in relation to the whole
effect of use on potential market
When a single copy may be made by reprographic reproduction: : When a single copy may be made by reprographic reproduction: work of fragile character or rarity
isolated articles or brief portions of works... for study or research
for preservation
for replacing lost or destroyed copies, if no longer available with publisher
What cannot be produced even for study and research: : What cannot be produced even for study and research: work of architecture
entire book or substantial part thereof
musical work in graphic form
compilations
computer program (except back-up)
any reproduction that will conflict with normal use or prejudice author’s interests
Code of Ethics for Registered Librarians, 1992. : Code of Ethics for Registered Librarians, 1992. 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...
Piracy (E-Commerce Act) : Piracy (E-Commerce Act) the unauthorized copying, reproduction, dissemination, distribution, importation, use removal, alteration, substitution, modification, storage, uploading, downloading, communication, making available to the public, or broadcasting
Piracy... : Piracy... of protected material, electronic signatures or copyrighted works including legally protected sound recordings or phonograms or information material on protected works,
Piracy... : Piracy... through the use of telecommunication networks such as, but not limited to, the internet,
in a manner that infringes intellectual property rights...
Optical Media Act of 2003 : Optical Media Act of 2003 Prohibits
mastering, manufacture or replication
of any intellectual property in optical media
intended for commercial profit or pecuniary gain
without authority or consent of the owner.
U.S. Digital Millennium Copyright Act (DMCA) : U.S. Digital Millennium Copyright Act (DMCA) Negative implications:
exclusive right of access differs from copyright
inapplicability of “fair use” doctrine
inapplicability of traditional distinction between copyrightable and non-copyrightable works
Government works : Government works No copyright
No prior approval or conditions for use or exploitation except if for profit
BUT
Compilations which are original by reason of selection or coordination or arrangement are protected by copyright.
Copyright law awareness in Manila Universities : Copyright law awareness in Manila Universities Problems encountered by librarians:
students photocopy textbooks to avoid cost of expensive original copies (60%);
readers photocopy portions of theses without permission (55.1%);
requests for photocopy of whole books by other institutions (48%).
(F. de la Rosa, 2000)
THANK YOU AND GOOD DAY! : THANK YOU AND GOOD DAY!