Module 9

Intellectual Property Rights

in the Digital Age

Lesson 1
What Are Intellectual Property Rights?

UNESCO EIPICT MODULE 9. LESSON 1 1

Introduction
Libraries are institutions committed to
providing equitable access to information for
the communities they serve. How do
intellectual property rights and copyright
affect this mission?

UNESCO EIPICT MODULE 9. LESSON 1 2

What Are Intellectual
Property Rights?

WIPO defines intellectual property as
“creations of the mind: inventions, literary
and artistic works, and symbols, names,
images, and designs used in commerce”

According to WIPO, “Intellectual property
is divided into two categories: Industrial
property and copyright

UNESCO EIPICT MODULE 9. LESSON 1 3

What is Copyright?

Copyright is a legal term describing rights
given to creators for their literary and
artistic works. Copyright protection is
automatic whether the work is registered
or not. As soon as the work is written, it is
protected.

Copyright is complex and varies from
country to country

UNESCO EIPICT MODULE 9. LESSON 1 4

Activity 9.1.1
Read these articles:

Stanford University. Copyright Law and Fair Use.
http://www-sul.stanford.edu/cpyright.html

Library of Congress. Copyright Office. Copyright
Basics.
http://www.loc.gov/copyright/circs/circ1.html

Copyright Office Basics.
http://www.copyright.gov/circs/circ1.html

American Library Association. ALA Copyright
Issues.
http://www.ala.org/ala/washoff/WOissues/copyrig
htb/copyright.htm
UNESCO EIPICT MODULE 9. LESSON 1 5
Who Owns Copyright?

In general, the creator of the work owns the
copyright

In cases when there are two or more creators, it is
important to have a written agreement as to who
owns the copyright - there are, however,
exemptions to this rule, and such exemptions vary
from country to country

Copyright can also be reassigned (for example, to
a publisher) and/or expire after the death of the
author

UNESCO EIPICT MODULE 9. LESSON 1 6

Copyright Owner’s
Exclusive Rights

To reproduce the work

To make the work public for the first time

To communicate the work to the public

To perform the work in public

To make an adaptation

To transmit files and sound recordings to the
public using any form of technology

To re-broadcast by television or radio broadcasts

UNESCO EIPICT MODULE 9. LESSON 1 7

How long will a
Copyright Last?

The duration of copyright varies from
country to country
 in the Philippines copyright lasts for the
duration of the life of the creator plus 50
years
 in Australia, effective January 1, 2005, the
duration of copyright is the duration of the
life of the creator plus 70 years or 70 years
from the time the work is first published.
 in the US provisions are more complicated

UNESCO EIPICT MODULE 9. LESSON 1 8

What is Copyright
Infringement?

Copyright infringement is using material
protected by copyright without permission
from the owner or authorizing and/or
selling an infringement

UNESCO EIPICT MODULE 9. LESSON 1 9

Activities that do not
Infringe Copyright

Those that fall under fair use

Use of information, etc, not covered by
copyright

UNESCO EIPICT MODULE 9. LESSON 1 10

Works not Protected by
Copyright

Ideas, procedures, systems, methods or operation,
concept, principle, discovery or mere data as such
even if expressed, explained, illustrated or embodied
in a work

News of the day and other miscellaneous facts having
the character of mere items of press information

Any official text of a legislative, administrative or legal
nature, as well as any official translation thereof

Works of the government; however, prior approval is
required for exploitation of such work for profit

The authors of speeches, lectures, sermons,
addresses and dissertations shall have the exclusive
right of making a collection of their works
UNESCO EIPICT MODULE 9. LESSON 1 11
Morals Rights
In addition to copyright, creators have
“moral rights”

These are rights attributed as creator of the

work, and take action if falsely attributed to
someone else, or if the work is distorted

UNESCO EIPICT MODULE 9. LESSON 1 12

What is the First Sale
Doctrine?

When a library or an individual has lawfully
acquired a copy of a work, the first sale doctrine of
the copyright law (17 USC Section 109) allows
that the library or individual may exercise another
exclusive right of copyright – the right to distribute
the copy without permission of the copyright
holder

First sale enables libraries to loan books or
conduct interlibrary loans without committing
copyright infringement

UNESCO EIPICT MODULE 9. LESSON 1 13

Fair Use Guidelines
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 the copyright of the
work
Copying however, shall not extend to:

The reproduction of an entire book, or a
substantial part thereof, or of a musical work in
graphic form by reprographic means

A compilation of data and other materials

A computer program

UNESCO EIPICT MODULE 9. LESSON 1 14

Fair Use Guidelines (2)

Any work where reproduction would unreasonably
prejudice the legitimate interest of the author

Copying or adaptation of a computer program is
limited to the necessity for the use of the
computer program in conjunction with the
computer for the purpose, and to the extent for
which the computer program has been obtained

Archival purposes, and, for the replacement of the
lawfully owned copy if the computer program is
lost, destroyed or rendered unusable

UNESCO EIPICT MODULE 9. LESSON 1 15

The Four-Factor Test for
Fair Use
Use this test to determine if the use is fair

The purpose and character of the use, including
whether such use is of a commercial nature or is
for non-profit educational purposes

The nature of the copyrighted work

The amount and substantiality of the portion used
in relation to the copyrighted work as a whole

The effect of the use upon the potential market for
or value of the copyrighted work

UNESCO EIPICT MODULE 9. LESSON 1 16

Library’s Special Rights
Libraries are authorized to exercise
special rights in addition to fair use. Some of
these are:

Archiving lost, stolen, damaged or

deteriorating works

Making copies for library patrons

Making copies for other libraries’ patrons

(interlibrary loan)

UNESCO EIPICT MODULE 9. LESSON 1 17

Performances and Displays
in Face-to-Face Teaching and
Distance Education
Educational institutions are also
authorized to publicly display and perform
others’ works in the course of face-to-face
teaching activities, and to a lesser degree in
distance education

UNESCO EIPICT MODULE 9. LESSON 1 18

Activity 9.1.2
Go to the following sites to see
differences in the provisions of copyright law
in the Philippines, the US and Australia.

http://www.chanrobles.com/legal7copyright.

htm

http://www.copyright.org.au

http://dml.indiana.edu/html/crewssec108/se

ction108oerview.html

UNESCO EIPICT MODULE 9. LESSON 1 19

International Copyright
Protection
There is no such thing, but most
countries do offer protection for foreign
works under copyright treatises and
conventions

UNESCO EIPICT MODULE 9. LESSON 1 20

Reminder

If in doubt about the provisions of the law
for a particular application, ask permission
to use the material from the copyright
owner and/or consult a lawyer because
copyright laws in different countries vary

Remember that because of international
conventions, there is reciprocity in the law
with countries that are party to the
convention, treaty or agreement relating to
intellectual property rights

UNESCO EIPICT MODULE 9. LESSON 1 21