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Understanding Intellectual Property, Fair Use and Creative Commons
- 1. MEDIA AND INFORMATION LITERACY (MIL) LEGAL, ETHICAL, AND SOCIETAL ISSUES IN MEDIA AND INFORMATION (PART 1) INTELLECTUAL PROPERTY FAIR USE AND CREATIVE COMMONS Mr. Arniel Ping St. Stephen’s High School Manila, Philippines MIL PPT 16 Updated: June 11, 2017
- 2. LEARNING COMPETENCIES Learners will be able to… define intellectual property (SSHS); identify and explain the different types of intellectual property (SSHS); explain copyright, fair use, etc.vis-a-vis human rights (MIL11/12LESI-IIIg20); discuss current issues related to copyright vis-à-vis gov’t./provide sectors actions (MIL11/12LESI-IIIg21);
- 3. LEARNING COMPETENCIES Learners will be able to… put into practice their understanding of the intellectual property, copy right, and fair use guidelines (MIL11/12LESI-IIIg17); and explain actions to promote ethical use of media and information (MIL11/12LESI-IIIg22);
- 4. TOPIC OUTLINE I- Legal, Ethical, and Societal Issues in media and Information (Part 1) A. Current Events: Digital Piracy in the Philippines B. Intellectual Property in International and Local Context 1. Definition of IP 2. Types of IP 3. IP Rights (WIPO and R.A. 8293) B. Fair Use (Fair Dealings) and Creative Commons
- 5. CURRENT EVENTS 1 UB: Mahigit P100-M halaga ng pirated DVD, nakumpiska sa Quiapo, Manila (Aug. 2, 2016). GMA News and Public Affairs. YouTube. Retrieved on Oct 5, 2016, from https://www.youtube.com/watch?v=bABC_7wOI5g
- 6. CURRENT EVENTS 2 BT: Suspek sa Pamimirata ng mga Pelikula at TV Series, Arestado (Oct. 3, 2016). GMA News and Public Affairs. YouTube. Retrieved on Oct 4, 2016, from https://www.youtube.com/watch?v=BaALtvPAUnA
- 7. WHY IS DIGITAL PIRACY A CRIME? (Source: www.quickmeme.com and www.imgflip.com)
- 8. WHAT IS INTELLECTUAL PROPERTY? INTELLECTUAL PROPERTY (IP) refers to creations of the mind, such as inventions; literary and artistic works; designs; and symbols, names and images used in commerce (Source: http://www.wipo.int/about-ip/en/)
- 9. INTELLECTUAL PROPERTY IS PROTECTED IN LAW
- 10. WHAT ARE THE DIFFERENT TYPES OF INTELLECTUAL PROPERTY?
- 11. WHAT ARE THE DIFFERENT TYPES OF INTELLECTUAL PROPERTY? TYPES OF IP COPYRIGHT PATENT TRADEMARKS INDUSTRIAL DESIGN GEOGRAPHICAL ORIGIN
- 12. TYPES OF INTELLECTUAL PROPERTY TYPES OF IP DEFINITION 1. Copyright • a legal term used to describe the rights that creators have over their literary and artistic works • books, music, paintings, sculpture and films, to computer programs, databases, advertisements, maps and technical drawings
- 14. COPYRIGHT
- 15. VIDEO PRESENTATION The Creative Industry: Artists' Intellectual Property Rights. (2012). cictcreativecontent's channel. YouTube. Retrieved September 19, 2016, from https://www.youtube.com/watch?v=jA6q-jgyhgc
- 16. REPUBLIC ACT 8293 INTELLECTUAL PROPERTY CODE OF THE PHILIPPINES COPYRIGHT VALIDITY PERIOD LITERARY WORKS During the lifetime of the author plus 50 years after death ART 25 years from the date of creation PHOTOGRAPHIC WORK 50 years from publication AUDIO- VISUAL WORK 50 years from publication
- 17. REPUBLIC ACT 8293 INTELLECTUAL PROPERTY CODE OF THE PHILIPPINES COPYRIGHT VALIDITY PERIOD SOUND RECORDING 50 years from year recording took place BROADCAST RECORDING 20 years from date of broadcast TRADEMARK Valid for 10 years and may be renewed for a periods of 10 years INVENTION PATENT Valid for 20 years from filing date application
- 19. TYPES OF INTELLECTUAL PROPERTY (IP) IP DEFINITION 2. Patent • an exclusive right granted for an invention • provides the patent owner with the right to decide how - or whether - the invention can be used by others
- 22. THE FAMOUS GRAVITY-DEFYING LEAN OF MICHAEL JACKSON
- 23. PATENT
- 24. THE SHOES THAT MADE MICHAEL JACKSON’S ANTI- GRAVITY LEAN POSSIBLE
- 25. TYPES OF INTELLECTUAL PROPERTY (IP) IP DEFINITION 3. Trademarks • a sign capable of distinguishing the goods or services of one enterprise from those of other enterprises.
- 26. TRADEMARKS
- 28. TRADEMARK INFRINGEMENT? Mars sues Hershey for trademark infringement over MALTESER brand
- 29. TYPES OF INTELLECTUAL PROPERTY (IP) IP DEFINITION 4. Industrial Design • constitutes the ornamental or aesthetic aspect of an article • may consist of three-dimensional features, such as the shape or surface of an article, or of two-dimensional features, such as patterns, lines or color
- 34. PATENT OR INDUSTRIAL DESIGN INFRINGEMENT?
- 35. TYPES OF INTELLECTUAL PROPERTY (IP) IP DEFINITION 5. Indications and Appellations of Origin • signs used on goods that have a specific geographical origin and possess qualities, a reputation or characteristics that are essentially attributable to that place of origin • most commonly includes the name of the place of origin of the goods.
- 36. GEOGRAPHICAL INDICATIONS AND APPELLATIONS OF ORIGIN
- 37. GEOGRAPHICAL INDICATIONS AND APPELLATIONS OF ORIGIN
- 38. VIDEO PRESENTATION: FAIR USE Copyright and Fair Use Animation .(2014). Common Sense Education. YouTube. Retrieved September 19, 2016, from https://www.youtube.com/watch?v=suMza6Q8J08
- 39. FAIR USE Fair use means you can use copyrighted material without a license only for certain purposes. These include: Commentary Criticism Reporting Research Teaching
- 40. FAIR USE Guidelines for Fair Use A majority of the content you create must be your own. Give credit to the copyright holder. Don't make money off of the copyrighted work.
- 41. VIDEO PRESENTATION: CREATIVE COMMONS Creative Commons & Copyright Info .(2012).Lifestyle & Living. YouTube. Retrieved September 19, 2016, from https://www.youtube.com/watch?v=8YkbeycRa2A
- 42. CREATIVE COMMONS is an American non-profit organization devoted to expanding the range of creative works available for others to build upon legally and to share. The organization has released several copyright-licenses known as Creative Commons licenses free of charge to the public. Website https://creativecommons.org/about/
- 43. CREATIVE COMMONS Attribution: You must credit the creator. Non-Commercial: You can't make a profit. No Derivative Works: You can't change the content. Share Alike: You can change the content, but you have to let other people use your new work with the same license as the original.
- 45. VIDEO PRESENTATION PINOY INVENTORS .(2015). ABS-CBN NEWS. YouTube. Retrieved on Oct 4, 2016, from https://www.youtube.com/watch?v=yQSPEZSEWnk
- 46. CLASS ACTIVITY
- 47. CLASS ACTIVITY PART 1 Watch the talk show “Legal HD” Legal HD Episode 64 - Intellectual Property Code. (2014). 9 News & Current Affairs. YouTube. Retrieved September 19, 2016, from https://www.youtube.com/watch?v=IwEeTscHdng
- 48. CLASS ACTIVITY PART 1 Answer and discuss the following guide questions: 1. How can the intellectual property protect the rights of inventors, scientists, and artists? 2. What acts are considered as a violations of the Intellectual Property Code? 3. What agencies are in-charge of implementing the Intellectual Property Code?
- 49. CLASS ACTIVITY PART 2: Read “The Intellectual Property Law of the Philippines”, Textbook pp.72- 75
- 50. CLASS ACTIVITY PART 2: Answer and discuss the following guide questions: 1. What are examples of copyright protected works under the Philippine law? 2. What is the difference between original works and derivative works? 3. What are examples of works not protected by copyright?
- 51. CLASS ACTIVITY PART 2: Answer and discuss the following guide questions: 4. Why is it important to protect intellectual property? 5. As a student, how can you promote ethical use of media and information?
- 52. REFERENCES Media and Information Literacy Curriculum Guide by DepEd Media and Information Literacy by Boots C. Liquigan, Diwa Learning Systems Inc. http://www.wipo.int/about-ip/en/ http://www.slideshare.net/DaeBogan/music-publishing- copyright-administration-in-the-internet-age
- 53. REFERENCES https://www.legalzoom.com/articles/posting-cover-songs-on- youtube-what-you-need-to-know http://www.ipophil.gov.ph/images/Patents/IRRs/RepublicAct8293. pdf https://www.thoughtstopaper.com/knowledge/design- patents.php http://fairuse.stanford.edu/overview/fair-use/what-is-fair-use/ https://creativecommons.org/about/ http://www.gcflearnfree.org/print/blogbasics/copyright-and-fair- use?playlist=Blog_Basics
Hinweis der Redaktion
- What is the news all about? What Philippine law is being violated by piracy? What government agency headed this raid in Quiapo, Manila?
- What crime was committed by the suspect Rainier Tamayo? What Philippine law was violated by the suspect? Who was the complainant in this case?
- What is piracy? the unauthorized reproduction or use of a copyrighted book, recording, television program, patented invention, trademarked product, etc.(www.dictionary.com/browse/piracy)
- Definition from http://www.wipo.int/about-ip/en/ World Intellectual Property Organization (WIPO) is the global forum for intellectual property services, policy, information and cooperation
- IP is protected in law by, for example, patents, copyright and trademarks, which enable people to earn recognition or financial benefit from what they invent or create. By striking the right balance between the interests of innovators and the wider public interest, the IP system aims to foster an environment in which creativity and innovation can flourish. World Intellectual Property Organization (WIPO) is the global forum for intellectual property services, policy, information and cooperation The World Intellectual Property Organization (WIPO) is the UN agency responsible for treaties involving copyright, patent, and trademark laws. WIPO can be a force for progressive change, helping the world take into account public interest and development needs.
- Copyright is a legal term used to describe the rights that creators have over their literary and artistic works. Works covered by copyright range from books, music, paintings, sculpture and films, to computer programs, databases, advertisements, maps and technical drawings.
- https://www.legalzoom.com/articles/posting-cover-songs-on-youtube-what-you-need-to-know
- What is the message in this cartoon? What is an invention? something that has never been made before, or the process of creating something that has never been made before (http://dictionary.cambridge.org/dictionary/english/invention) A new device, method, or process developed from study and experimentation (www.thefreedictionary.com)
- A patent is an exclusive right granted for an invention. Generally speaking, a patent provides the patent owner with the right to decide how - or whether - the invention can be used by others. In exchange for this right, the patent owner makes technical information about the invention publicly available in the published patent document.
- Do you recognize the following design? (Oakley sunglasses and original Coca-Cola bottle)
- Designers have used these patents to protect renowned works like Clarence Fender’s electric guitar, Adam Ziska’s early Harley Davidson motorcycle, Charles Eames’ iconic chairs, and even Christiansen’s little lego man. Design patents also protect moderns works of high-tech and digital design like Google’s famously simple search interface, and of course, every iteration of Steve Jobs and Jony Ives’ iPhone.(http://pnwstartuplawyer.com/design-patents-illustrated/)
- So THAT’S the secret behind Michael Jackson’s gravity-defying lean (http://metro.co.uk/2015/10/29/so-thats-the-secret-behind-michael-jacksons-gravity-defying-lean-5469651/) The Shoes That Made Michael Jackson’s Anti-Gravity Lean Possible Was Granted A Patent and It Expired In 2005 For Non Payment of Maintenance Fees (Source: http://netloid.com/life-geek/the-shoes-that-made-michael-jacksons-anti-gravity-lean-possible-was-granted-a-patent-and-it-expired-in-2005-for-non-payment-of-maintenance-fees)
- So THAT’S the secret behind Michael Jackson’s gravity-defying lean (http://metro.co.uk/2015/10/29/so-thats-the-secret-behind-michael-jacksons-gravity-defying-lean-5469651/) The Shoes That Made Michael Jackson’s Anti-Gravity Lean Possible Was Granted A Patent and It Expired In 2005 For Non Payment of Maintenance Fees (Source: http://netloid.com/life-geek/the-shoes-that-made-michael-jacksons-anti-gravity-lean-possible-was-granted-a-patent-and-it-expired-in-2005-for-non-payment-of-maintenance-fees)
- So THAT’S the secret behind Michael Jackson’s gravity-defying lean (http://metro.co.uk/2015/10/29/so-thats-the-secret-behind-michael-jacksons-gravity-defying-lean-5469651/) The Shoes That Made Michael Jackson’s Anti-Gravity Lean Possible Was Granted A Patent and It Expired In 2005 For Non Payment of Maintenance Fees (Source: http://netloid.com/life-geek/the-shoes-that-made-michael-jacksons-anti-gravity-lean-possible-was-granted-a-patent-and-it-expired-in-2005-for-non-payment-of-maintenance-fees)
- A trademark is a sign capable of distinguishing the goods or services of one enterprise from those of other enterprises. Trademarks date back to ancient times when craftsmen used to put their signature or "mark" on their products. TM means the owner of the mark has common law rights even though the mark has not been registered while the ®, on the other hand, is only used for marks that have been granted registration.
- A trademark is a sign capable of distinguishing the goods or services of one enterprise from those of other enterprises. Trademarks date back to ancient times when craftsmen used to put their signature or "mark" on their products. TM means the owner of the mark has common law rights even though the mark has not been registered while the ®, on the other hand, is only used for marks that have been granted registration.
- Infringement refers to the violation of a law or a right. (http://www.candyindustry.com/articles/86210-mars-sues-hershey-for-trademark-infringement-over-malteser-brand)
- (http://www.candyindustry.com/articles/86210-mars-sues-hershey-for-trademark-infringement-over-malteser-brand)
- An industrial design constitutes the ornamental or aesthetic aspect of an article. An industrial design may consist of three-dimensional features, such as the shape or surface of an article, or of two-dimensional features, such as patterns, lines or color. An industrial design right protects only the appearance or aesthetic features of a product, whereas a patent protects an invention that offers a new technical solution to a problem. In principle, an industrial design right does not protect the technical or functional features of a product. Such features could, however, potentially be protected by a patent. Find out more about patents. (http://www.wipo.int/designs/en/faq_industrialdesigns.html)
- On May 20, 2011, Crocs filed a complaint and initiated a new suit against Skechers, case number 1:11-cv-01330, in the U.S. District Court for the District of Colorado. Crocs alleges the Swifts line introduced in the summer of 2010 by Skechers is an “obvious imitation” of Crocs’ original shoe design for the CROCBANDTMmodel footwear, which is protected by U.S. D610,784. http://www.protectingdesigns.com/deja-vu-crocs-sues-skechers-for-design-infringement
- Geographical indications and appellations of origin are signs used on goods that have a specific geographical origin and possess qualities, a reputation or characteristics that are essentially attributable to that place of origin. Most commonly, a geographical indication includes the name of the place of origin of the goods.
- Can you think of other examples of geographical indications and appellations of origin?
- http://www.gcflearnfree.org/print/blogbasics/copyright-and-fair-use?playlist=Blog_Basics Guidelines for fair use: A majority of the content you create must be your own. To return to the example above, it's probably fair use to include a few relevant photos to support your ideas in a blog post, presentation, or research paper. However, using these same photos in a project with only a few lines of commentary might not be fair use. As another example, let's imagine you found a useful tutorial you wanted to feature on your blog. Including one tip from the tutorial would be fair use. Simply republishing the entire tutorial would not be fair use, even if you linked to the original source. Give credit to the copyright holder. In order for something to be fair use, you must give full credit to the person who created it. This includes the creator's name, as well as other information that will help people find the original work or source. For example, if you adapt a recipe that was originally published on a cooking website, you should include a link to the original page. For more help citing your sources, review Avoiding Plagiarism. Don't make money off of the copyrighted work. In general, it's much easier to claim fair use when you're using the copyrighted material for noncommercial purposes. While posting images of your favorite TV shows and adding funny captions and commentary might be considered fair use, selling these images on T-shirts would not.
- http://www.gcflearnfree.org/print/blogbasics/copyright-and-fair-use?playlist=Blog_Basics Guidelines for fair use: A majority of the content you create must be your own. To return to the example above, it's probably fair use to include a few relevant photos to support your ideas in a blog post, presentation, or research paper. However, using these same photos in a project with only a few lines of commentary might not be fair use. As another example, let's imagine you found a useful tutorial you wanted to feature on your blog. Including one tip from the tutorial would be fair use. Simply republishing the entire tutorial would not be fair use, even if you linked to the original source. Give credit to the copyright holder. In order for something to be fair use, you must give full credit to the person who created it. This includes the creator's name, as well as other information that will help people find the original work or source. For example, if you adapt a recipe that was originally published on a cooking website, you should include a link to the original page. For more help citing your sources, review Avoiding Plagiarism. Don't make money off of the copyrighted work. In general, it's much easier to claim fair use when you're using the copyrighted material for noncommercial purposes. While posting images of your favorite TV shows and adding funny captions and commentary might be considered fair use, selling these images on T-shirts would not.
- Attribution: You must credit the creator in order to use, copy, or share the content. Non-Commercial: You can't make a profit from the content. No Derivative Works: You can't change the content. Share Alike: You can change the content, but you have to let other people use your new work with the same license as the original. You can't treat any Share Alike work that you adapt as your own copyright, even if you radically change it. http://www.gcflearnfree.org/print/blogbasics/copyright-and-fair-use?playlist=Blog_Basics
- Analyze the infographics. What is public domain? https://creativecommons.org/licenses/
- Running time: 4: 25 minutes How is the intellectual property law helps the inventors?
- Note: running time: 53: 05 minutes
- https://www.nibusinessinfo.co.uk/content/importance-protecting-intellectual-property http://www.wipo.int/sme/en/documents/ip_innovation_development_fulltext.html