Lesson 26

Intellectual Property Rights in the Education Setting

The global networks and cyberspace of the information culture that today's students
live in unavoidably lead to various social, political, and ethical issues. This means numerous
Issues relating to interpersonal connections and communities become apparent when most
activities occur online. Protection technologies and the enactment of regulations are just two
of the many actions taken to solve these problems. In order to use global information legally
for future gain and applications, policies and plans are put into place.
In this lesson, the students will be acquainted with intellectual property rights in an
educational setting. Specifically, at the end of the lesson, the students are expected to:
 Define intellectual property rights;
 Discuss salient features of the Intellectual Property Code of the Philippines; and
 Give examples of how to assume legal responsibility in using technology tools and
resources in the educational setting.

Intellectual Property Rights

Intellectual property refers to creations of the mind: inventions, literary and artistic works,
symbols, names, and images used in commerce. According to the World Intellectual Property
Organization (WIPO), Intellectual property right is divided into two categories: industrial
property, which covers inventions (patents), trademarks, industrial designs, and geographic
indications of source, and copyright, which covers literary and artistic works such as novels,
poems, and plays, films, musical works, artistic works such as drawings, paintings,
photographs and sculptures, and architectural designs.
Intellectual property rights are intangible legal protections for intelligence, creativity, and
innovative products. Intellectual property rights prevent others from taking advantage of the
product of intelligence or creativity without the author's permission. Examples of intellectual
property rights include a patent granted for a machine designed by a group of faculty
members, a trademark of the logo of a university, or a copyright of a book written by a
professor.

Patent. A patent is a right granted that prevents anyone but the owner of an invention from
making, using, or selling an invention.

Trademark. A trademark protects symbolic information that relates to goods or services.

A trademark prevents competitors from using the same symbol.

Copyright. Copyright grants the exclusive right to produce and distribute original work
created by writers, artists, composers, and publishers. While the work need not be in writing,
it must be reduced to a tangible form such as on paper, in film, or in audio recording. Only
the expression of an idea can be copyrighted, not the idea. The expressive work must also be
original-sufficiently new and different from other works.

The Intellectual Property Code of the Philippines

 The resources that teachers utilize in the classroom must not violate copyright
regulations. They can do this by buying the author's or publisher's materials or by using ones
marked as "free" to use in the classroom per the publisher's stated policies.
Copyright in the school setting can be fully understood through the Republic Act
8293, described as "An Act Prescribing the intellectual Property Code and Establishing the
Intellectual Property Office, Providing for its Powers and Functions, and other Purposes."
This is widely known as the Intellectual Property Code of the Philippines.
According to RA 8293, copyright is a collection of all rights enjoyed by the owner of
an artistic or literary work. Copyright protection gives the creator the right to reproduce,
distribute, perform, and display his/her work and protects him/her from others' stealing ideas.
In RA 8293, the term intellectual property right consists of:
 Copyright and Related Rights;
 Trademarks and Service Marks;
 Geographic Indications;
 Industrial Designs;
 Patents;
 Layout-Designs (Topographies) of integrated Circuits; and
 Protection of Undisclosed information

Government Agencies in Charge of Copyright

The Intellectual Property Office of the Philippines (IPOPHIL), which superseded the
Bureau of Patents, Trademarks, and Technology Transfer, is the main government institution
responsible for administering the Intellectual Property Code of the Philippines. It is divided
into six bureaus: the Bureau of Patents, the Bureau of Trademarks, the Bureau of Legal
Affairs, the Bureau of Documentation, Information, and Technology Transfer, the Bureau of
Management Information System and Electronic Data Processing, and the Bureau of
Administrative, Financial, and Personnel Services.

Copyrightable Works in the Philippines

Under Philippine laws, original intellectual creations in the literary and artistic
domain, which are copyrightable Include:
 books, pamphlets, articles, and other writings;
 periodicals and newspapers;
 lectures, sermons, addresses, dissertations prepared for oral delivery,
 letters;
 dramatic or dramatico-musical compositions;
 choreographic works or entertainment in dumb shows;
 musical compositions;
 drawing, painting, architecture, sculpture, engraving, lithography;
 models or designs for works of art;
 original ornamental designs or models for articles of manufacture;
  illustrations, maps, plans, sketches, charts, and three-dimensional works relative to
geography, topography, architecture, or science;
 drawings or plastic works of a scientific or technical character;
 photographic works, including works produced by a process analogous to
photography:
 lantern slides;
 audiovisual works and cinematographic works and works produced by a process
analogous to cinematography or any process for making audio-visual recordings; and
 pictorial illustrations and advertisements and computer programs.
Derivative works are also protected as new works, provided that they do not affect the
existing copyright on original works. Derivative works include:
 dramatizations, translations, adaptations, abridgments, arrangements, and other
alterations of literary music work;
 collections of literary, scholarly, or artistic works and compilations of data; and
 other materials that are original by reason of the selection, coordination, or
arrangement of their contents.
However, the following works are not protected by copyright under Philippine laws, to wit:
 idea, procedure, system method or operation, concept, principle, discovery, or mere
data as such, even if they are 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
 official text of a legislative, administrative, or legal nature, as well as any official
translation thereof
 work of the Philippine Government, unless there was a prior approval by the
appropriate government agency
 statutes, rules and regulations, speeches, lectures, sermons, addresses, and
dissertations, pronounced, read, or rendered in courts of justice, before administrative
agencies, in deliberative assemblies, and meetings of public character
RA 8293 further provides that copyrightable works are protected from the moment of
their creation. Thus, copyright registration is not necessary to protect artistic or literary
works. The owner of the work or his/her assignees or successors-in-interest has the right to
apply for copyright registration. The owners of original literary and artistic works are:
1. The author of the work;
2. If the work is of joint ownership:
2.1 The co-authors are the original owners, and in the absence of agreement, their
rights shall be governed by co-ownership rules; and
2.2 The author of each part is the owner of such part he/she created if the work
consists of parts that can be used separately and the author of each part can be
identified;
3. If the work is created in the course of employment:
 3.1 The employee is the owner when the work created is not part of the
employee's regular duties even when he uses the time, facilities, and materials of
the employer;
3.2 The employer is the owner when the work created results from the
performance of the employee's regularly assigned duties unless otherwise agreed
upon; and
4. If the work was commissioned, the one who commissioned the work jointly owns it with
the author/creator- but the copyright of the work remains with author/creator, unless
otherwise agreed upon.
In the case of audio-visual work, the copyright belongs to the producer, the author of
the scenario, the music composer, the film director, and the author of the work adapted.
However, unless otherwise agreed upon among the creators, the producer has the right to
exercise copyright to the extent required for the exhibition of the work in any manner, except
for the right to collect license fees for the performance of musical compositions, with or
without words, which are incorporated into the work.
With respect to letters, the copyright belongs to the writer subject to the following:
 Letters and other private written communications are owned by the person to whom
they are addressed and delivered. However, the same cannot be published or
disseminated without the writer's or his heirs' consent.
 However, the court may authorize the publication or dissemination if the public goods
or the interest of justice so requires.

Duration of Copyright Protection

The duration of the copyright protection is further provided in RA 8293, as follows:
 In the Philippines, copyright protection for artistic, literary, and derivative works lasts
during the author's lifetime plus 50 years after the author's death. This term of
protection also applies to posthumous works. In the case of joint authorship, the
economic rights shall be protected during the lifetime of the last surviving author plus
50 years after such author's death.
 In the case of anonymous or pseudonymous works, copyright protection shall last for
50 years from the date the work was first lawfully published. If the work was not
published, it shall be protected for 50 years from the creation of the work.
 Works of applied art shall be protected for 25 years from the date of their creation.
 Audio-visual works shall be protected for 50 years from the publication date. If it is
unpublished, it is protected for 50 years from the date of creation.
 Performances not incorporated in recordings shall be protected for 50 years from the
end of the year in which the performance took place. Sound or image and sound
recordings and performances incorporated therein shall be protected for 50 years from
the end of the year in which the recording took place.
 Broadcasts shall be protected for 20 years from the date the broadcast took place.

Rights Conferred to the Author of a Work

 The author has the exclusive right to carry out, authorize, or prevent the:
 reproduction of the work or substantial portion of the work;
 dramatization, translation, adaptation, abridgment, arrangement, or other
transformation of the work,
 the first public distribution of the original and each copy of the work by sale or other
forms of transfer of ownership:
 rental of the original or a copy of an audio-visual or cinematographic work, a work
embodied in a sound recording, a computer program, a compilation of data and other
materials or a musical work in graphic form, and irrespective of the ownership of the
original or the copy which is the subject of the rental;
 public display of the original or a copy of the work;
 public performance of the work; and
 other communication to the public of the work.
Moral rights confer the following on the author of a work that his name, as far as
practicable, be indicated prominently on the copies and in connection with the public use of
his work;
 to make any alterations of his work prior, or to withhold it from publication;
 to object to any distortion, mutilation, or other modification of, or other derogatory
action in relation to, his work which would be prejudicial to his honor or reputation;
and
 to restrain the use of his name with respect to any work not of his creation or in a
distorted version of his work.

Copyright Infringement in the Philippines

Under Philippine law, copyright infringement occurs when there is a violation of any of
the exclusive economic or moral rights granted to the copyright owner, such as:
 selling or letting for hire, or by way of trade offering or exposing for sale or hire, the
article;
 distributing the article for trade or for any other purpose to the extent that will
prejudice the rights of the copyright owner in work; or
 trade exhibit of the article in public.
Under Philippine law, copyright infringement is punishable by the following:
 Imprisonment of 1 to 3 years and a fine of 50,000 to 150,000 pesos for the first
offense;
 imprisonment of 3 years and one day to six years plus a fine of 150,000 to 500,000
pesos for the second offense;
 imprisonment of 6 years and one day to 9 years plus a fine ranging from 500,000 to
1,500,000 pesos for the third and subsequent offenses, and
 the offending party may also be ordered to pay civil damages.

The Optical Media Act of 2003

 Republic Act 9239, also known as the Optical Media Act of 2003, regulates optical
media manufacture, mastering, replication, importation, and exportation. Optical media refers
to a storage medium or device in which information, including sounds and/or images or
software code, has been stored, either by mastering and/or replication or duplication, which
may be accessed and read using a lens scanning mechanism employing a high intensity light
source such as laser. Examples of optical media are compact disks (CDs), digital versatile
discs (DVDs), and video compact discs (VCDs), among others.

Fair Use
Fair use is any copying of copyrighted material done for a limited purpose. Fair use is
a doctrine that allows limited use of copyrighted material without requiring permission from
the right holders. It is a defense against a claim of copyright infringement (Stanford Libraries,
n.d.).
Four factors are looked at to determine fair use, namely:
1. the purpose and character of the use, including whether such use is of a commercial
nature or is for nonprofit educational purposes
2. the nature of the copyrighted work
3. the amount and substantiality of the portion used in relation to the copyrighted work
as a whole
4. the effect of the use upon the potential market for, or value of, the copyrighted work
The fair use of a copyrighted work for criticism, comment, news, reporting, and teaching,
including multiple copies for classroom use, scholarship, research, and similar purposes, is
not an infringement of copyright. Decompilation, which is the reproduction of the code and
translation of the forms of the computer programs to achieve the Interoperability of an
independently created computer program with other programs, may also constitute fair use.

Creative Commons
Creative Commons is an internationally active nonprofit organization that provides
free licenses for creators to use when making their work available to the public and when
permitting others to use the work in advance under certain conditions.
Every Creative Commons license allows one to:
1. copy the work (e.g., download, upload, photocopy, and scan the work);
2. distribute the work (e.g., provide copies of the work to teachers, students, parents,
and the community);
3. display or perform the work (e.g. play a sound recording or film in class, or stage
a play);
4. communicate the work (e.g., make the work available online on the school
internet, learning management system, or on a class blog); and
5. format shift verbatim copies of the work (e.g., copy a MP3 version of music onto
a CD or an MP4 version of a film onto a DVD to play in class).
There are six standard creative common licenses listed from most to least permissive,
namely:
Plagiarism in the Academic Setting
The most common area of intellectual property concern for educators is plagiarism.
Plagiarism in the classroom refers to passing off someone else's research as one's own.
Students frequently simplify this idea to mean "word for word copying," which is a fairly
accurate understanding of plagiarism outside the classroom. Plagiarism happens when
someone copies portions from another book or riffs from another album without permission,
for instance. Authors who borrow concepts, regurgitate facts, and reword arguments are not
guilty of plagiarism. On the contrary, such an author genuinely produces his intellectual
property by rephrasing borrowed intellectual substance into his own words.
Some common forms of plagiarism are:
 turning in someone else's work as your own;
 copying words or ideas from someone else without giving credit; falling to put a
quotation in quotation marks;
 giving incorrect information about the source of a quotation;
 changing words but copying the sentence Fucture of a source without giving credit;
and
 copying so many words or ideas from a source that it makes up the majority of
your work, whether you give credit or not.
To easily avoid plagiarism:
1. understand what is expected, e.g., the assignment goals, evaluation criteria/ rubric,
recommended sources to use, essay length and format, and citation style, among
others;
2. collect credible sources to avoid using plagiarized materials;
3. make notes, plan, and structure efficiently; and
4. when in doubt, cite.

TECHNOLOGY FOR
TEACHING AND
LEARNING 1
 SUBMITTED BY:
ARABELA AGRABIO
MAUREEN EBILANE

BEED 3A

SUBMITTED TO:
MR. REY E. DALUSONG