Copyright Works
They refer to intellectual creation in the literary, scientific and artistic domain
Original Works
True or False: A copyrightable work refers to literary and artistic works defined as original intellectual creations in the literary and artistic domain.
True
Is copying considered copyright infringement?
No, unless it produces an injurious effect.
What are the rights conferred by copyright?
Economic and Moral Rights
True or False:
Recording made in educational institutions of a work included in a broadcast for the use of such educational institutions can be kept at anytime.
False:
Recording made in educational institutions of a work included in a broadcast for the use of such educational institutions, provided that such recording must be deleted within a reasonable period after they were first broadcast;
What is an expressive creation that includes major copyrightable elements of a first, previously created original work
Derivative Works
True or False: Are works of the government of the Philippines subject to copyright?
True
True or False: copyright infringement is not committed if the person unconsciously committed acts constituting copyright infringement.
False; Intent is irrelevant. A person may consciously or unconsciously copy or infringe a copyrighted material and still be held liable for such act.
Who is the owner of a commissioned work?
a. the creator
b. the person who commissioned the work
c. the employer of the creator
B. the person who commissioned the work
True or False; Making of quotations from a published work is allowed if they are compatible with fair use and made for any purpose
False: Making of quotations from a published work if they are compatible with fair use and only to the extent justified for the purpose, including quotations from newspaper articles and periodicals in the form of press summaries: Provided, That the source and the name of the author, if appearing on the work, are mentioned
What is the name of this principle: Works are protected from the moment of their creation, irrespective of their mode or form of expression, as well as of their content, quality, and purpose
Principle of Automatic Protection
What is required for a work of the Government of the Philippines in order for it to be exploited?
Prior approval of the government agency or office wherein the work is created shall be necessary for exploitation of such work for profit. Such agency or office may, among other things, impose as a condition the payment of royalties.
Fill in the blanks: It is not necessarily required that the entire copyrighted work, or even a large portion of it, be copied so long as it is not _____.
Substantial
What is required for an assignment of rights to be valid?
Assignment of rights must be in writing to be valid.
Complete the sentence: Public performance or the communication to the public of a work, in a place where no admission fee is charged in respect of such public performance or communication, by a club or institution for ____ or _____ purpose only, whose aim is not profit making, subject to such other limitations as may be provided in the Regulations
Charitable or Educational
Which is an example of an Original Work:
Dramatization of a literary work or Works relative to Geography
Works relative to Geography
X stumbled upon what appeared to be a massive volcanic eruption in Jupiter while peering at the planet through his telescope. The following week, X, without notes, presented a lecture on his findings before the Association of Astronomers of the Philippines. To his dismay, he later read an article in a science journal written by Y, a professional astronomer, repeating exactly what X discovered without any attribution to him. Has Y infringed on X's copyright, if any? (2011 BAR)
NO, because no protection extends to any discovery, even if expressed, explained, illustrated, or embodied in a work. (Sec. 175, IPC)
True or False: Copyright Infringement exists even if none of the same words are used to express an idea.
False;
In Copyright Infringement, the copying must refer to an expression of an idea
Plagiarism may exist even if none of the same words are used to express an idea.
Employee or Employer; who is the owner of the work if the result of the performance of the employee's regularly-assigned duties, unless there is an agreement, express or implied, to the contrary?
Employer
Fill in the blanks: Use made of a work by or under the direction or control of the government, by the National Library or by educational, scientific, or professional institutions where such use is in the _______ and is compatible with fair use;
Public Interest
Are derivative works protected as new works? Explain
Yes, provided that such new work shall not affect the force of any subsisting copyright upon the original works employed or any part thereof or be construed to imply any right to such use of the original works, or to secure or extend copyright in such original works
Statutes, rules and regulations, and speeches made in courts of justice, administrative agencies and in meetings of public character. What right does the author of such work have?
The author of the works mentioned shall have the exclusive right of making a collection of his works.
give three remedies in case of copyright infringement
What does Article 723 of the New Civil Code say about the ownership of letters and other private communications in writing and the courts authority to publish and disseminate them?
ARTICLE 723,NCC: Letters and other private communications in writing are owned by the person to whom they are addressed and delivered, but they cannot be published or disseminated without the consent of the writer or his heirs. However, the court may authorize their publication or dissemination if the public good or the interest of justice so requires.
Which does not belong:
The private reproduction of a published work in a single copy, where the reproduction is made by a natural person exclusively for research and private study, shall be permitted, without the authorization of the owner of copyright in the work but shall not extend to the reproduction of:
a.) A work of architecture in floorplans or blueprints;
b.)An entire book, or a substantial part thereof, or of a musical work in graphic form by reprographic means;
c.) A compilation of data and other materials;
d.) All computer program except as provided in Sec. 189; and
e.) Any work in cases where reproduction would unreasonably conflict with a normal exploitation of the work or would otherwise unreasonably prejudice the legitimate interests of the author. (Sec. 187, IPC)
A. A work of architecture in the form of building or other construction