Work and Property Rights

How to Work Ethically?

One manifestation of working ethically is to work honesty. To work with honesty means to work with integrity and fairness, that is, to work without cheating or stealing.

How to become an Honest Worker?

To be an honest worker is to be intellectually honest. To be intellectually honest is to respect the right of other people to the product of their intellectual labor.

Intellectual Work and Honesty in School School is an academic community devoted to the life of the mind. It exist to train students in academic and moral excellence in order for them to be successful members of their society in the future.

Habit of Intellectual Honesty

The Habit of Intellectual Honesty is essential to bot intellectual and moral growth. The school, therefore, needs to help build an environment where intellectual honesty is respected, both by teachers and students. But the widespread cases of cheating and plagiarism in every schools today suggest that our educators are failing in their duties to promote the culture of intellectual honesty among their students. Without genuine respect for intellectual honesty, all the noble objectives of every academic exercise in school, designed to train every students turn into more exercise in futility.

Plagiarism
Plagiarism is a violation of intellectual honesty. It is both a form of cheating and is a form of stealing. Students who commit plagiarism unfairly claim for themselves somebody elses work. It is taking and presenting as ones own, the ideas, writings, creations or inventions of another. It does not make any difference whether the source is a student or a professional in some field. For example, in a written work, whenever a sentence or a key phrase is taken form it without specific citation, there is already an issue of Plagiarism.

Paraphrasing
Paraphrasing anothers work, without the proper acknowledgement of the author/creator of the work, is also a form of plagiarism. Paraphrased statement could the hardly be original, because they simply restate the idea but they simply have to be acknowledge. Paraphrasing without acknowledgement of authorship is a serious violation as an unacknowledged quotation.

Intellectual Honesty and the Law

The need to ensure intellectual honesty in society is the foremost reason why laws protecting intellectual creations are formulated and enforced. Without such protection, people will not be motivated to create and produce ideas that are useful for the advancement of human acknowledge.

The formulation of laws protecting the labor of the mind, so to speak, is also grounded on the basic idea of justice. It is only fair to recognize and reward people for giving their time and effort to producing valuable work. The law guarantees that people will enjoy the benefits of being creative and productive by affording them legal right over their creative work. This legal right over the intangible product of the mind is what we call Copyright.

On Copyright

Generally, a copyright refers to the exclusive right to publish and sell the expression embodied in a literary, musical or artistic work, and of other works that involve original creative effort. It is called intellectual property right because the Copyright Law protects the intangible product of the mind than physical objects.

Other forms of intellectual property rights include the patent, which protects an inventor against the unauthorized production, use or sale of his invention; and the trademark, which is a word or symbol associated with the source of a particular product or service and is legally protected to prevent its use in a manner likely to confuse the public about source. All publicly circulated copies of a work usually bear a copyright notice, frequently the symbol , or the word copyright or the abbreviation copr., with the year of the works first publication and the name of the copyright owner.

History of Copyright
The modern concept of copyright had its statutory beginnings in the British copyright law of 1710, known as the Statute of Anne which, for the first time, both recognized the authors right to protect and statutorily, established a limited term of protection, after which, the work entered the public domain. In the US, the first federal copyright act, which followed British law and covered books, maps and charts, was passed in 1790.

In the Philippines, the passing Republic Act 8293, otherwise know as the Intellectual Property Code of the Philippines has changed the way information are created and diffused in the country. Aside from Republic Act 8293, other governing laws on copyright ownership in the Philippines include the Civil Code and Supreme Court decision.

The Economic Philosophy Behind Copyright Ownership The Philosophy behind copyright ownership is based on the natural tendencies of men to pursue only those things that will personally benefit them. To afford and to protect the right of people over their creative creation, that is to protect their rights to be acknowledge and to be paid for their work is the surest way of encouraging authors and inventors to write and to invent.

 Individual efforts are best encouraged by

personal gain and it is the best way to advance public welfare through the talents of authors and inventors in the science and useful arts. (MAZER vs. STEIN, 347 U.S. 201)

Basic terms
The Philippine Intellectual Property Law. Otherwise known as RA 8293, defines author as the natural person who created the work, or the natural person whose name is indicated on a work in the usual manner even if the name is a pseudonym, where the pseudonym leaves no doubt as to the identify of the author. (RA 8293, Sec. 219.1).

A collective work refers to a work which has been created by two or more natural persons at the initiative and under the directions of another, with the understanding that it will be disclosed by the latter under his own name, and that contributing natural person will not be identified. (Ibid.. Sec 171.2).

Published works means works which, with the consent of the authors, are made available in the public by wire or wireless means in such a way that the public may access these works from a place and time individually chosen by them-provided that, availability of such copies has been such as to satisfy the reasonable requirements of the public having regard to the nature of the work (Ibid.. Sec. 171.1).

When Copyright Applies

The Philippines Copyright Law declares that works are protected by the sole fact of their creation, irrespective of their mode or form of expression, as well as of their content, quality and purpose. It should be clear, however, that the law establishes ownership of original works of authorship in intellectual creations in the literary and artistic domain only on creation that are fixed in any tangible medium of expression. In short, once an original work is created and fixed, copyright exist.

Works That Are Not Protected by the Copyright Law

1. The work must be an original creation. The

form through which the idea is expressed must be an original creation of the author the idea presented in the work is not necessarily original. 2. The work must be of some value or importance. The idea behind the Copyright Law is to ensure the creation of useful materials for the advancement of human knowledge. If a material has no perceived value or use for society, then it does not deserve any legal protection.

Copyright as an Economic Right

The economic rights consists of the exclusive right to carry out, authorize or prevent the following acts(Sec. 177.1-177.7).

1. Reproduction of the work or a substantial portion of the work 2.Dramatization, translation, adaptation, abridgement, arrangement or other transformation of the work.

3. The first public distribution of the original and each copy of the work by sale or other forms of transfer of ownership. 4. 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, irrespective of the ownership of the original or the copy which is the subject of the rental. 5. Public display of the original or a copy of the work 6. Public performance of the work for profit 7. Other communications to the public of the work

Copyright as a Moral Right

The moral rights of the author consist of the ff.

1. To require that the authorship of the works be attributed to him, in particular, the right that his name, as far as practicable, be indicated in a prominent way on the copies and in connection with the public use of his work.
2. To make alterations of his work prior to, or to withhold from publication.

3. 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. 4. To restrain the use of his name with respect to any work not of his own creation, or in distorted version of his work.

Copyright and the Principle of Fair Use

The law recognizes the Principle of Fair Use which limits the Copyright enjoyed by authors. The Following are, among others, the major limitations on Copyright ownership: 1. The recitation or performance of a work, once it has been made accessible to the public, if done privately and free of charge or if made strictly for charitable and religious institutions or society (Sec. 184. par .a)

2. Making quotations from a published works 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 3. Inclusion of a work in publication, broadcast, or other communication to the public, sound recording, or film, if such inclusion is made by way of illustration for teaching purposes, and is compatible with fair use: Provided, that the source and the name of the author, if appearing on the work are mentioned

Liabilities and Penalties for Infringement

Any person infringing a right protected by shall be liable to an injunction restraining such infringement and to pay to the copyright proprietor or his assigns or heirs actual damages, including all the expenses as he may have incurred due to the infringement as well as the profits the violator may have made due to such infringement (Sec. 216.1)

In Section 217, the Criminal Penalties for Copyright Infringement are set as follows: .

(a) Imprisonment of 1yr. to 3yrs. plus a fine ranging from

P 50,000 to P 150,000 for 1st Offense (b) Imprisonment of 3yrs. and 1 day to 6yrs. plus a fine ranging from P 150,000 to P 500,000 for 2nd Offense (c) Imprisonment of 6yrs. and 1 day to 9yrs. Plus a fine ranging from P 500,000 to P 1,500,000 for 3rd and subsequent offenses (d) In all cases, subsidiary imprisonment in cases of insolvency

Arigatou Gozaimasu
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For Listening

Credits
Group 3 Aladdin Paolo Sanvictores John Eugene Alcantara