Copyright and Infringement Share MR Cafe Updated

REGION VIII – EASTERN VISAYAS
PLAGIARISM AND
COPYRIGHT INFRINGEMENT
MR. ALFREDO P. CAFÉ
EPS, CLMD-ALS
MEMORANDUM
Re:Frequently Asked Questions on Plagiarism and Copyright Infringement
Date: 13 July 2020
This memorandum prepared by Estrada & Aquino Law discusses the answer to
frequently asked questions or FAQs on plagiarism and copyright infringement as
educational institutions shift to the “new normal” setting, as requested by the
Philippine Association of Private Schools, Colleges, and Universities (PAPSCU); the
National Book Development Board; and the Philippine Book Publishing Development
Federation (Philbook). This is intended to serve as a guide on ‘what-to-do’ and ‘what-
not-to-do’ in crafting modules, learner materials, instructional kits, and other print
and non-print materials for the students under various modalities in flexible learning.
This memorandum also provides remedies in case of copyright infringement.
Tuesday, May 18, 2021 Department of Education Region VIII 2
Plagiarism
Plagiarism is presenting someone else's work or ideas
as your own, with or without their consent, by
incorporating it into your work without full
acknowledgement. All published and unpublished
material, whether in manuscript, printed or electronic
form, is covered under this definition.
Plagiarism | University of Oxford
https://www.ox.ac.uk › academic › guidance › skills › pla..

Plagiarism
According to the Merriam-Webster online dictionary, to
"plagiarize" means:
• to steal and pass off (the ideas or words of another) as one's own
• to use (another's production) without crediting the source
• to commit literary theft
• to present as new and original an idea or product derived from
an existing source
Plagiarism | University of Oxford

https://www.ox.ac.uk › academic › guidance › skills › pla..

Infringement
Infringement is the unauthorized
use of copyrighted or patented
material or of a trademark, trade
name, or trade dress
(https://www.merriam-webster.com/dictionary/infringement)

Infringement
Infringement of a trademark, trade name, or trade dress
involves use of one by the infringer that is the same as that of
the owner or so similar that it is likely to deceive or to cause
confusion or mistake on the part of the average purchaser.
Infringement of a copyright involves the copying of a material
and substantial portion of the protected work. If the alleged
infringer denies copying, the copyright holder may be able to
prove infringement with circumstantial evidence of the
infringer's access to the protected work and of similarities
between the two works.

Infringement
Infringement of a copyright involves the copying of a
material and substantial portion of the protected work.
If the alleged infringer denies copying, the copyright
holder may be able to prove infringement with
circumstantial evidence of the infringer's access to the
protected work and of similarities between the two
works.

I. COPYRIGHT
GENERAL
1) What is Copyright
Copyright is the legal protection extended to the owner of the rights in

an original work. Copyright laws grant authors, artists and other creators
automatic protection for their literary and artistic creations, from the
moment they create it.
Works are protected from the moment of their creation by the sole fact of
such creation, irrespective of their mode or form of expression, as well as
of their content, quality and purpose; registration is not prerequisite in
order for the copyright owner to be protected.
Department of Education Region VIII Tuesday, May 18, 2021 8
I. COPYRIGHT GENERAL
2) What law governs the copyright?
Copyright protection is governed by Republic Act No. 8293, as

amended by R.A 10372. The law grants copyright owner limited rights
to exclude others from reproducing the copyrighted expression,
publicly performing or displaying the copyrighted expression,
distributing copies of the copyrighted expression, and from creating
derivative works based on the copyrighted expression.
3. What does copyright protect?
Copyright protects both the original work and derivative works.
“Original Work” refers to works which are created by his own skill, labor and
judgement without directly copying or evasively imitating the work of another.
“Derivative work” refers to works based upon one or more preexisting works. It
includes dramatizations, translations, adaptations, abridgements, and
collections of literary, scholarly or artistic works. Generally, such protection
exists during the lifetime of the author and for fifty(50) years after his death.
I. COPYRIGHT
GENERAL
4. Who owns the copyright to a work?
The first owner of the copyright and material of the literary

or artistic work is generally the author, being the original
creator of the work. Depending on the author’s
circumstances at the time of the work was created, if
created with a co-author or under an employment
arrangement, the copyright may be shared with or may be
owned by a person other than the original creator.
5) What are literary and artistic creations that can be subject
of a copyright?
a) Books, pamphlets, articles and other writings;

b) Periodicals and newspapers;
c) Lectures, sermons, addresses, dissertations prepared for oral
delivery, whether or not reduced in writing or other material form;
d) Letters;
e) Dramatic or dramatico-musical compositions; choreographic
works or entertainment in dumb shows;
f) Musical compositions, with or without words;

5) What are literary and artistic creations that can be
subject of a copyright?
g) Works of drawing, painting, architecture, sculpture, engraving,
lithography or other works of art; models or designs for works of art;
h) Original ornamental designs or models for articles of manufacture,
whether or not registrable as an industrial design, and other works of
applied art;
i) Illustrations, maps, plans, sketches, charts and three-dimensional
works relative to geography, topography, architecture or science;
j) Drawings or plastic works of a scientific or technical character;

5) What are literary and artistic creations that can be subject of a
copyright?
k) Photographic works including works produced by a process

analogous to photography; lantern slides;
l) Audiovisual works and cinematographic works and works produced
by a process analogous to cinematography or any process for making
audio-visual recordings;
m) Pictorial illustrations and advertisements;
n) Computer programs; and
o) Other literary, scholarly, scientific and artistic works.

6) What materials can be copied, performed or distributed in
the classroom without obtaining permission from the
copyright owner?
a) Idea, procedure, system, method or operation, concept, principle,

discovery or mere data;
b) News of the day and other miscellaneous facts having the character
of mere items of press information;
c) Any official text of a legislative, administrative or legal nature, as well
as any official translation thereof.

6) What materials can be copied, performed or distributed in the
classroom without obtaining permission from the copyright owner?
d) Any work of the Government of the Philippines. However, 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.
e) Statutes, rules and regulations, and speeches, lectures, sermons, addresses,

and dissertations, pronounced, read or rendered in courts of justice, before
administrative agencies, in deliberative assemblies and in meetings of public
character.

6) What materials can be copied, performed or distributed in the
classroom without obtaining permission from the copyright owner?
f) The recitation or performance of a work, once it has been lawfully made
accessible to the public, if done privately and free of charge or if made
strictly for a charitable or religious institution or society;
g) The 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.
h) Other use that will fall under the exemptions under Sec. 184 of the law.

7) What are the rights of the author or copyright owner?
There are two (2) types of rights under copyright:
a) Economic rights, which basically allows the owner to authorize or
prevent certain uses of his work. It also pertains to his right to
receive remuneration for the use of his work.
To illustrate, the owner has the right to prevent the use or

reproduction of his work or a substantial portion of his work. This
especially if it is without his prior authorization and that he has not
been compensated for its use or reproduction.

7) What are the rights of the author or copyright owner?
b) Moral rights, which includes the right to claim authorship of a work,

and the right to oppose changes to a work that could harm the
creator’s reputation. It also includes the right to object to any
distortion, mutilation or other modification of his work which would
be prejudicial to his honor or reputation.

Sec.177 of the Intellectual Property Code-Copyright owners have the exclusive
right to carry out, authorize or prevent the following acts:
a) Reproduction of the work or substantial portion of the work;
b) Dramatization, translation, adaptation, abridgement, arrangement or other
transformation of the work;
c) The first public distribution of the original and each copy of the work by sale
or other forms of transfer of ownership;
d) Rental of the original or a copy of an audiovisual 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;

Sec.177 of the Intellectual Property Code-Copyright owners have the exclusive
right to carry out, authorize or prevent the following acts:
e) Public display of the original or a copy of the work;

f) Public performance of the work, and
g) Other Communication to the public of the work.
Sec. 198 of the Intellectual Property Code-In addition to the aforementioned

economic rights, copyright owners also have the following rights:
h) To require attribution to the authorship of the works, particularly, the right
that his name be indicated in a prominent way on the copies, and in
connection with the public use of his work;
Sec. 198 of the Intellectual Property Code-In addition to the aforementioned
economic rights, copyright owners also have the following rights:
b) To make any alterations of his work prior to, or to withhold it from
publication;
c) 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
d) To restrain the use of his name with respect to any work not of his own
creation or in a distorted version of his work.

8) What is the right of a publisher in a published edition of
work?
In addition to the right to publish granted by the author, his heirs, or

assigns, the publisher shall have a copyright consisting merely of the
right of reproduction of the typographical arrangement of the
published edition of the work.

9) What is Plagiarism?
The deliberate and knowing presentation of another person’s

original ideas or creative expressions as one’s own. Plagiarism can
involve oral, visual, auditory or written work.

10) What is the difference between Copyright and Plagiarism?
Plagiarism Copyright Infringement
The deliberate and knowing To constitute infringement, it is
presentation of another not necessary that the whole or
person’s original idea or even a large portion of the
creative expressions as one’s work shall have been copied. If
own. so much is taken that the value
of the original is sensibly
diminished, or the labors of the
original author are substantially
Tuesday, May 18, 2021
and to an injurious extent
Department of Education Region VIII 25
10)What is the difference between Copyright and Plagiarism?en ?
appropriated by another, that is
sufficient in point of law to constitute
piracy.
Infringement of a copyright is a
trespass on a private domain owned
and occupied by the owner of the
copyright, and, therefore, protected
by law, and infringement of
copyright, or piracy, which is a
Tuesday, May 18, 2021
synonymous term in this connection,26
Department of Education Region VIII
10)What is the difference between Copyright and Plagiarism?en
consists in the doing by any person,
without the consent of the owner of
the copyright, of anything the sole
right to do which is conferred by
statute on the owner of the
copyright.
It is an ethical issue or an act of It involves legal issue
academic dishonesty. It involves
injury to a person’s reputation
through an exclusion (the failure to
attribute)
10)What is the difference between Copyright and Plagiarism?en
May or may not give rise to a criminal Always give rise to criminal or civil
or civil action under the copyright action.
law. It is mostly an administrative
matter or disciplinary action.
Liability for plagiarism involves job Liability for copyright infringement
dismissal/suspension, besmirched results in an award of damages.
reputation, denial of certification or
recognition of achievement.

II. USING OTHER PEOPLE’S WORK
11) Is authorization needed when using another person’s work?
A person intending to use another person’s work must always obtain

authorization from the copyright owner before using a protected
work, especially if the resulting work or use will have a significant
effect on the owner’s rights, if it will affect the normal exploitation of
the work or would otherwise reasonably prejudice the legitimate
interests of the author.
Such authorization is usually in the form of a licensing agreement or

an assignment of rights.

12) When is authorization not necessary? What are the
limitations of a copyright?
Use of a work without prior authorization is allowed so long as it is

consistent with the principle of ‘fair use’.
Fair use has been defined as a privilege to use the copyrighted material in
a reasonable manner without the consent of the copyright owner or as
copying the theme or ideas rather than their expression. Fair use of
copyrighted work or criticism, comment, news reporting, teaching
including multiple copies for classroom use, scholarship, research and
similar purposes is not an infringement of copyright.

12)When is authorization not necessary? What are the
limitations of a copyright?
Proper use of citations does not ordinarily result in infringement.

However, the attribution or citation must be consistent within the
parameters of ‘fair use’. Otherwise, there will be infringement.

13) What are the factors to be considered in determining if
the use of a work is within the ambit of ‘fair use’?
In determining whether the use made of a work in any particular case

is fair use, the factors to be considered shall include:
a) The purpose and character of the use, including whether such use
is of a commercial nature or is for non-profit educational
purposes;
b) The nature of the copyrighted work;

13) What are the factors to be considered in determining if
the use of a work is within the ambit of ‘fair use’?
c) The amount and substantiality of the portion used in relation to the

copyrighted work as a whole. This means use is considered fair for
small quantities, where the portion used is not significant to the entire
work, and where the amount is appropriate for the intended
educational purpose.
d) The effect of the use upon the potential market for or value of the
copyrighted work.

14) Is the reproduction of copyrighted material for personal
purposes punishable by this law?
NO. If a person uses a book as reference for personal use, there is no
infringement.
But if, for example, a person makes several copies of the book to sell, or
substantially copied its contents, then infringement occurs. Infringement in
this context refers to the economic rights of the copyright owner.
There is also infringement when a work is used as a reference material and the
resulting work is later on widely disseminated without proper authorization
from the copyright owner. This is because it violates his economic right to be
remunerated for his work.
15) May a teacher use copyrighted materials without
violating the author’s rights?
Unless it falls under fair use as defined by law(cited under number 12), a
teacher who provides copies of articles or excerpts of a journal, or shares
computer files, creates musical performances or public shows a film, must
obtain permission from the author or owner before a copyrighted
material may be used.
As a rule, these activities are covered by the exclusive right of the author
which the teacher cannot exercise without the latter’s permission.

16) What are the acts that do not constitute copyright
infringement?
The following acts do not constitute copyright infringement:
1. The performance of a work done privately and free of charge, or
those made for a charitable or religious institution;
2. The quotations from a published work, provided that the source
and the name of the author is mentioned;
3. The reproduction or communication of articles on current political,
social, economic, scientific or religious topic, lectures, addresses
and other works of the same nature, which are delivered in public
if such use is for information purposes, provided that the source is
indicated.

16) What are the acts that do not constitute copyright
infringement?
The following acts do not constitute copyright infringement:
4. The reproduction and communication by means of photography,

cinematography or broadcasting of works which form part of
current events;
5. Inclusions of a work compatible with fair use and by way of
illustration for teaching purposes, provided that the source and of
the name of the author, if appearing in the work, are mentioned;

16) What are the acts that do not constitute copyright infringement?
6. The 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 its first broadcast; Provided further, that such recording may
not be made from audiovisual works which are part of the general
cinema repertoire of feature films except for brief excerpts of the
work;
7. The recordings by a broadcasting organization using its own
facilities, and for its own broadcast;
8. The use of works made or under the control of the Government, by
the National Library, educational, scientific or professional
institutions;
16)What are the acts that do not constitute copyright
infringement?
9. The free public performance or communication of a work by a club or

charitable or educational institution;
10. Public display of works which are not made by means of a film, slide,
television image or otherwise on screen or by means of any other device or
process; provided that either the work has been published or it was
transferred to another person by the author or the copyright holder.
11. Use of work for any judicial proceedings or for the giving of professional
advice by a legal practitioner.

17) Does ‘fair use’ include non-print materials, such as sources
from the internet?
YES, the principle of fair use applies to non-print materials, including those
disseminated or published in the internet. It must be remembered that a
work is protected from the moment it is created. Whether it is created in
the traditional print format or in a digital format, the work remains
protected.
Moreover, the Philippines acceded to the WIPO Internet Treaties (march

2002), which ensure that copyright owners continue to be protected when
their works are disseminated through the internet.

18) Is using citations sufficient compliance to ‘fair use’?
NO, Mere attribution or citation of the work is not sufficient. The making
of quotations from a published work does not constitute infringement
only if it is compatible with fair use and only to the extent justified for the
purpose. To illustrate, although the protected work is referenced, if the
resulting work is sold, whether for profit or not, it may arise into an
infringement.
Moreover, if the dissemination of the resulting work or use results to a

significant drop in the protected work’s market or value, it is no longer
fair use.

19) Is there copyright infringement when the person who failed
to properly cite the copied work obtained it from a free
source i.e., internet website?
Yes. The law does not require that in order to be protected, the work must
be sold for a fee. The mere fact that the source where he obtained the work
is free of charge does not absolve him of using it in accordance to fair use,
and making proper attributions or citations to the author of the work.
The law requires that making quotations from a published work must be (1)
compatible to fair use; (2) only to the extent justified for the purpose; and
(3) its source and name of the author must be mentioned.

20) Is there copyright infringement if a person reproduced a
single copy published work?
None. However, the single copy reproduction must be made by a natural

person exclusively for research and private study, and further provided that it
will not comprise the entire book, or a substantial part thereof, nor would
comprise of compilation of data and other materials. The permitted
reproduction should likewise not extend in cases where it would unreasonably
conflict with the normal exploitation of the work or would otherwise
reasonably prejudice the legitimate interests of the author. Therefore, the
reproduction of an entire book by a student or teacher is not permitted.

20) Is there copyright infringement if a person reproduced a
single copy published work?
Moreover, if the work is reproduced by a company, department or other

juridical entity, or several copies are reproduced, there is copyright
infringement. This is no longer consistent with ‘fair use’.

III. REMEDIES AGAINST COPYRIGHT
INFRINGEMENT
21) When is there copyright infringement?
A person infringes on the copyright owner’s rights when he:
a) Directly commits copyright infringement;
b) Benefits from the infringement activity, induces, causes or materially
contributes to the infringement.
c) With knowledge of the infringing activity, induces, causes or materially
contributes to the infringement.
In other words, there is copyright infringement when there is an unauthorized

performance of any right exclusively granted by law to the copyright owner.

INFRINGEMENT
22) Who are liable in case of copyright infringement ?
The following persons or entities may be held liable:
a) The one who commits the infringement being the direct infringer.
b) The buyer of the material is likewise liable because mere possession of
infringed materials is a violation of copyright laws.
c) If the lessor or owner of the establishment where the infringing material
are sold or found has knowledge of such activity, they may be liable. The
receipt of a share from the sale of the materials is not necessary. The
payment of rent to the lessor is deemed to be a “benefit”.
d) Any person who has knowledge of the infringing activity and induces,
causes or materially contributes to the infringement may be held liable.

INFRINGEMENT
23) Can a school be held liable if it sells modules, which contents
are cut and pasted from different published books and
materials?
Yes. Under the circumstance the school may either be considered as
direct infringer or a person who has knowledge of an infringing activity
and materially contributes to the infringement

INFRINGEMENT
24) What can a copyright owner do if he discovers an
establishment sells illegally reproduce work, i.e. book-a-like?
In order to serve as proof of notice to the infringing activity and to afford the
seller or distributor of copyrighted owner may send a demand letter to the
owner of the establishment, informing him of the infringed articles being
sold in his store and asking for the removal therof.
If the owner of the establishment failed to remove the requested articles, he

or she may be held solidarily liable with the person who directly committed
the infringing activity.

INFRINGEMENT
25) What are the remedies available to a copyright owner in case
of infringement?
A copyright owner has civil or criminal remedies under the law.
a) Civil- The copyright owner may apply for search warrants before the
Special Commercial Courts of Quezon City, Manila, Makati, and Pasig to
be enforceable nationwide. Thereafter, the owner shall file a civil
complaint within 31 days after the issuance of the writ, which may
include injunction, destruction, impounding, and damages.

INFRINGEMENT
of infringement?
Copyright owners who opt to exercise civil remedies may ask for the
following reliefs from the courts.
i. To issue an order for injunction restraining the commission of the

infringing activity.
ii. To pay the copyright owner (1) actual damages; (2) legal costs; (3) other
expenses such as the profits the infringer has made due to the infringing
activity; and (4) moral and exemplary damages;

INFRINGEMENT
of infringement?
Copyright owners who opt to exercise civil remedies may ask for the
following reliefs from the courts.
iii. To impound during the pendency of the case the documents evidencing
sales, all the articles and its packaging; and
iv. To destroy all infringing copies or devices, as well as all plates, molds, or
other means for making such infringing copies.

INFRINGEMENT
of infringement?
b) Criminal- The copyright owner may likewise apply for a search warrant
which includes the authority to seize and break open. Thereafter, the
owner shall file a criminal case within 60 days from the issuance thereof.
Any person who commits an infringing activity, or aiding or abetting such

infringement shall be guilty of a crime punishable by:
(a) Imprisoning of one (1) year to three (3) years plus a fine ranging from
Fifty thousand pesos (P50,000) to One hundred fifty thousand pesos
(P150,000) for the first offense.
INFRINGEMENT
of infringement?
Any person who commits an infringing activity, or aiding or abetting such
infringement shall be guilty of a crime punishable by:
(b) Imprisonment of three (3) years and one (1) day to six (6) years plus a
fine ranging from One hundred fifty thousand pesos (P150,000) to Five
hundred thousand pesos (P500,000) for the second offense.
(c) Imprisonment of six (6) years and one (1) day to nine (9) years plus a
fine ranging from Five hundred thousand pesos (P500,000) to One million
five hundred thousand pesos (P1,500,000) for the third and subsequent
offenses.
In all cases, subsidiary imprisonment in cases of insolvency.

INFRINGEMENT
26) Are other remedies available to a copyright owner outside of
court?
The copyright owner may file an administrative complaint before the Bureau
of legal Affairs (BLA) for intellectual property violations valued Two Hundred
Thousand Pesos (Php 200,000) and above.

INFRINGEMENT
27) What should we remind the students when using copyrighted
materials found on the internet?
a) Materials found on the Internet may be protected by copyright even if

there is no copyright notice.
b) They should use proper citations.
c) They should be properly educated about fair use and how to determine
whether use of copyrighted materials falls within fair use.

INFRINGEMENT
28) If the use is not covered by the exemption or fair use, how can
one obtain permission to use the copyrighted work?
Identify the copyright holder and request permission for all the specific
purposes you intend. Keep written documentation for all requests and
responses.

ex©ept
 made specifically for public consumption
Expired, forfeited, expressly waived
ǀ public domain consists of all the creative works

to which no exclusive intellectual property rights
apply.
ex©ept
Examples:
Project Gutenberg - offers over 58,000 free eBooks
Musopen Project - is a non-profit offering free access to sheet music,
royalty free public domain music recordings, and other music resources.
Works of authors who died in or before 1967
ǀ public domain consists of all the creative works

to which no exclusive intellectual property rights apply.

ex©ept
Made or commissioned by the government
Original works for public consumption
Non-commercial; permission-based
ǀ government works
ex©ept
Copyright contents with provision to share
Creative commons materials
World license materials
ǀ copyleft is an arrangement whereby software or artistic work may

be used, modified, and distributed freely on condition that anything
derived from it is bound by the same conditions of rights.

ex©ept
For non-profit educational purposes only
Common ideas and concepts
Limited amount and sustainability
Does not negatively affect potential market
ǀ The fair use of a copyrighted work for criticism, comment, news reporting,
teaching including multiple copies for classroom use, scholarship, research, and
similar purposes is not an infringement of copyright.

Working around ©opyright
Grasp ideas, not the expression of the
contents
When in doubt as to the right to use or

acknowledge a source, the most prudent
course may be to seek the permission of the
copyright owner.
“When you have wit of your
own, it's a pleasure to credit ― Criss Jami, Killosophy
other people for theirs.”

References:
• Booksphilippines.gov.ph. 2021. FAQ on Plagiarism and Copyright
Infringement (by Estrada and Aquino Law) | National Book Development
Board. [online] Available at: <https://booksphilippines.gov.ph/faq-on-
plagiarism-and-copyright-infringement-by-estrada-and-aquino-law/>
[Accessed 11 February 2021].
• Republic Act No. 10372 - AN ACT AMENDING CERTAIN PROVISIONS OF
REPUBLIC ACT NO. 8293, OTHERWISE KNOWN AS THE “INTELLECTUAL
PROPERTY CODE OF THE PHILIPPINES”, AND FOR OTHER PURPOSES
• REPUBLIC ACT NO. 8293 - AN ACT PRESCRIBING THE INTELLECTUAL
PROPERTY CODE AND ESTABLISHING THE INTELLECTUAL PROPERTY
OFFICE, PROVIDING FOR ITS POWERS AND FUNCTIONS, AND FOR
OTHER PURPOSES

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REGION VIII – EASTERN VISAYAS

Date: 13 July 2020

Tuesday, May 18, 2021 Department of Education Region VIII 3

Plagiarism | University of Oxford

Tuesday, May 18, 2021 Department of Education Region VIII 4

Tuesday, May 18, 2021 Department of Education Region VIII 5

Tuesday, May 18, 2021 Department of Education Region VIII 6

Tuesday, May 18, 2021 Department of Education Region VIII 7

Copyright is the legal protection extended to the owner of the rights in

2) What law governs the copyright?

Copyright protection is governed by Republic Act No. 8293, as

3. What does copyright protect?

Copyright protects both the original work and derivative works.

The first owner of the copyright and material of the literary

a) Books, pamphlets, articles and other writings;

Tuesday, May 18, 2021 Department of Education Region VIII 12

Tuesday, May 18, 2021 Department of Education Region VIII 13

k) Photographic works including works produced by a process

Tuesday, May 18, 2021 Department of Education Region VIII 14

a) Idea, procedure, system, method or operation, concept, principle,

Tuesday, May 18, 2021 Department of Education Region VIII 15

d) Any work of the Government of the Philippines. However, prior approval of

e) Statutes, rules and regulations, and speeches, lectures, sermons, addresses,

Tuesday, May 18, 2021 Department of Education Region VIII 16

Tuesday, May 18, 2021 Department of Education Region VIII 17

To illustrate, the owner has the right to prevent the use or

Tuesday, May 18, 2021 Department of Education Region VIII 18

b) Moral rights, which includes the right to claim authorship of a work,

Tuesday, May 18, 2021 Department of Education Region VIII 19

Tuesday, May 18, 2021 Department of Education Region VIII 20

e) Public display of the original or a copy of the work;

Sec. 198 of the Intellectual Property Code-In addition to the aforementioned

Tuesday, May 18, 2021 Department of Education Region VIII 22

In addition to the right to publish granted by the author, his heirs, or

Tuesday, May 18, 2021 Department of Education Region VIII 23

The deliberate and knowing presentation of another person’s

Tuesday, May 18, 2021 Department of Education Region VIII 24

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A person intending to use another person’s work must always obtain

Such authorization is usually in the form of a licensing agreement or

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Use of a work without prior authorization is allowed so long as it is

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Proper use of citations does not ordinarily result in infringement.

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In determining whether the use made of a work in any particular case

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c) The amount and substantiality of the portion used in relation to the

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4. The reproduction and communication by means of photography,

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9. The free public performance or communication of a work by a club or

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Moreover, the Philippines acceded to the WIPO Internet Treaties (march

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Moreover, if the dissemination of the resulting work or use results to a

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None. However, the single copy reproduction must be made by a natural

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Moreover, if the work is reproduced by a company, department or other