Copyrights 2: Infringement, Plagiarism, & Piracy (Intellectual Property Law Philippines)

Name: Copyrights 2: Infringement, Plagiarism, & Piracy (Intellectual Property Law Philippines)
Uploaded: 2021-04-25T06:13:11.000Z
Duration: 1 h 27 s

Understanding Copyright Law in the Philippines

Introduction to Copyright Law

Attorney Javier introduces the topic of discussion, focusing on the copyright law of the Philippines as outlined in Republic Act number 8293.

Emphasizes that this content is for educational purposes and not a substitute for legal advice.

Overview of Previous Discussions

Recaps previous episodes covering rights offered by copyright, works covered, duration of protection, and registration processes.

Infringement of Copyright

Definition and Types

Defines infringement as copying substantial portions or entire copyrighted works without consent; also referred to as piracy or plagiarism.

Outlines three ways a person can infringe copyright: directly committing infringement, benefiting from another's infringement with notice, or inducing another's infringing conduct.

Legal Precedents

Discusses the case of Habana vs. Robless where authors found their work substantially copied in another textbook.

Provides specific examples from the case illustrating direct similarities between both works (e.g., dates and addresses).

Criteria for Infringement

Substantial Reproduction Test

The Supreme Court ruled that substantial reproduction does not require copying an entire work; even minor changes can constitute infringement if they diminish original value.

Legal Implications

Highlights that even partial copying leading to diminished value constitutes copyright infringement; it is treated as trespass on private domain owned by the copyright holder.

Consequences of Infringement

Acknowledgment and Commercial Use

States that unauthorized copies are still considered infringements regardless of whether the copier knew about the copyright status; intent does not absolve responsibility.

Importance of Attribution

Overview of Copyright Infringement

The discussion begins with a reference to a notable case involving Farel, which highlights the issue of copyright infringement without proper acknowledgment.

The case of "Blurred Lines" is mentioned, where substantial similarities between Marvin Gaye's music and Farel's work were found, emphasizing the importance of attribution.

Key Principles of Copyright Law

In the Philippines, copyright infringement is determined by the act itself rather than the intent behind it; good faith or lack of knowledge does not serve as a valid defense.

The primary goal of copyright law is to protect creators' rights and incentivize them to produce more works while promoting knowledge and learning.

Limitations on Copyright

Intellectual property rights create a limited monopoly that rewards creativity but also necessitates access to copyrighted works for public benefit.

Without enforceable rights, creators struggle to recover costs or profit from their works, which can hinder overall creative output.

Remedies for Copyright Infringement

Available remedies include injunctions against further infringement, payment for actual or statutory damages, and destruction of infringing materials.

Penalties for infringement can range from one year to nine years in prison depending on the number of offenses; actions must be initiated within four years from when they arise.

Specific Limitations Under Philippine Law

Certain uses are permissible under Section 184 of the Intellectual Property Code:

Reproduction for blind or visually impaired individuals if done non-profit and with proper citation.

Private recitation or performance for charitable purposes without infringing copyrights.

Quotations from published works are allowed if they align with fair use principles; full books cannot be quoted without permission. Proper citation is required.

Mass media reproduction related to current events is permitted if it serves informational purposes and includes source citations.

Key Limitations on Copyrighted Works

Temporary recordings by broadcasting organizations for their own broadcasts are permissible under copyright law.

Public performances in non-profit settings, such as clubs or educational institutions without admission fees, do not constitute copyright infringement.

Public displays of original works or copies are allowed if the work has been published or transferred to another person by the author.

Doctrine of Fair Use

The doctrine of fair use allows for criticism, comment, news reporting, teaching, scholarship, and research without constituting copyright infringement.

Factors determining fair use include the purpose of use (commercial vs. nonprofit), nature of the copyrighted work, amount used relative to the whole work, and effect on market value.

Decompilation and Interoperability

Decompilation is permitted for achieving interoperability between independently created computer programs; this may also fall under fair use if done for necessary information retrieval.

Unpublished works can still be considered under fair use based on a comprehensive evaluation of all relevant factors.

Reproduction Rights Under Section 187

Private reproduction of published works is allowed for personal research and study but mass production or commercial use is prohibited.

Unauthorized reproduction constitutes infringement unless it falls within specific exceptions like private study.

Restrictions on Reproducing Certain Works

Reproduction does not extend to architectural works that replicate substantial parts or entire buildings without permission from the copyright owner.

Libraries may reproduce limited copies of fragile or rare works without authorization when necessary for fulfilling their mandate.

Conditions for Library Reproductions

Libraries can make reproductions when original works cannot be lent due to fragility or rarity.

Preservation and Replacement of Copies

The reproduction of limited copies is allowed for preservation purposes, particularly if an original copy is lost, destroyed, or rendered unusable.

Under Section 189, lawful owners can create one backup copy or adaptation of a computer program without needing authorization from the copyright owner.

Conditions for Backup Copies

A backup copy is permissible only if it is necessary for:

The use of the computer program with its intended computer.

Archival purposes to replace a lawfully owned copy that has been lost or damaged.

Any other use beyond these specified conditions will result in confiscation and destruction of the unauthorized copies.

Case Study: Microsoft vs. Comic Alley

In this case, Comic Alley was found liable for copyright infringement by distributing Microsoft software without permission.

The Supreme Court clarified that copyright infringement includes unauthorized performance of any economic rights held by the copyright owner.

Economic Rights and Liability

Individuals performing any economic rights without consent are subject to civil and criminal liability for copyright infringement.

No need to prove who specifically copied the software; selling illicit copies suffices as evidence of probable cause.

Limitations on Performers' Rights

Certain acts do not constitute infringement:

Personal use by individuals.

Using short excerpts for reporting current events.

Educational or scientific research purposes.

Fair use in broadcasting contexts.

Anti-Camcording Act Overview

Prohibited Acts Under Republic Act No. 1088

This act prohibits using audiovisual recording devices to capture performances in exhibition facilities without authorization from the copyright owner.

Specific Violations Include:

Attempting to record a performance using an audiovisual device during its exhibition in theaters.

Possessing such devices with intent to record performances unlawfully.

Penalties for Violating Anti-Camcording Laws

Offenders face fines ranging from ₱50,000 up to ₱750,000 and imprisonment between six months and six years.