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 MIL PPT 16
Manila, Philippines Updated: June 11, 2017
 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);
 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);
 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
 WHY IS DIGITAL PIRACY A CRIME?
(Source: www.quickmeme.com and www.imgflip.com)

PIRACY - THE UNAUTHORIZED REPRODUCTION OR USE OF A COPYRIGHTED BOOK,

RECORDING, TELEVISION PROGRAM, PATENTED INVENTION, TRADEMARKED PRODUCT, ETC.
 WHAT IS INTELLECTUAL PROPERTY?

refers to creations of the mind,

such as inventions; literary and
INTELLECTUAL
PROPERTY (IP) artistic works; designs; and
symbols, names and images
used in commerce

(Source: http://www.wipo.int/about-ip/en/)
INTELLECTUAL PROPERTY IS PROTECTED IN LAW
WHAT ARE THE DIFFERENT TYPES OF
INTELLECTUAL PROPERTY?
 WHAT ARE THE DIFFERENT TYPES OF
INTELLECTUAL PROPERTY?

TYPES OF IP

INDUSTRIAL GEOGRAPHICAL
COPYRIGHT PATENT TRADEMARKS
DESIGN ORIGIN
 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
 COPYRIGHT

Source:
http://www.slideshare
.net/DaeBogan/music-
publishing-copyright-
administration-in-the
-internet-age
COPYRIGHT
 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 50 years from publication
WORK
AUDIO- VISUAL 50 years from publication
WORK
 REPUBLIC ACT 8293
INTELLECTUAL PROPERTY CODE OF THE PHILIPPINES
COPYRIGHT VALIDITY PERIOD
SOUND 50 years from year recording took place
RECORDING
BROADCAST 20 years from date of broadcast
RECORDING
TRADEMARK Valid for 10 years and may be renewed for
a periods of 10 years
INVENTION Valid for 20 years from filing date
PATENT application
 CARTOON ANALYSIS

(Source: http://www.esa.int/About_Us/Law_at_ESA/Intellectual_Property_Rights/What_is_intellectual_property)
• 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
• A new device, method, or process developed from
study and experimentation
 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
 TYPES OF INTELLECTUAL PROPERTY (IP)

IP DEFINITION
2. Patent •In exchange for this right, the patent owner
makes technical information about the invention
publicly available in the published patent
document.
DESIGN
PATENT
APPLICATIONS
THE FAMOUS GRAVITY-DEFYING LEAN OF
MICHAEL JACKSON
PATENT
THE SHOES THAT MADE MICHAEL JACKSON’S ANTI-
GRAVITY LEAN POSSIBLE
 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.
TRADEMARKS

Trademarks date back to ancient times when

craftsmen used to put their signature or "mark"
on their products.
the owner of the mark has common law rights
even though the mark has not been registered
REGISTERED

is only used for marks that have been granted

registration.
TRADEMARKS
TRADEMARK INFRINGEMENT?
 TRADEMARK INFRINGEMENT?
Mars sues Hershey for trademark infringement over
MALTESER brand
 TYPES OF INTELLECTUAL PROPERTY (IP)

IP DEFINITION
4. Industrial • constitutes the ornamental or aesthetic
Design 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
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.
INDUSTRIAL DESIGN
INDUSTRIAL DESIGN
INDUSTRIAL DESIGN
DESIGN INFRINGEMENT?
PATENT OR INDUSTRIAL DESIGN INFRINGEMENT?
 TYPES OF INTELLECTUAL PROPERTY (IP)

IP DEFINITION
5. Geographical • signs used on goods that have a specific
Indications geographical origin and possess qualities, a
and reputation or characteristics that are
Appellations essentially attributable to that place of origin
of Origin
• most commonly includes the name of the
place of origin of the goods.
GEOGRAPHICAL INDICATIONS AND
APPELLATIONS OF ORIGIN
GEOGRAPHICAL INDICATIONS AND
APPELLATIONS OF ORIGIN
 FAIR USE
Fair use means you can use copyrighted
material without a license only for certain
purposes. These include:
Commentary
Criticism
Reporting
Research
Teaching
 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.
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/
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.
 CREATIVE COMMONS
HTTP://WWW.GCFLEARNFREE.ORG/PRINT/BLOGBASICS/COPYRIGHT-AND-FAIR-USE?PLAYLIST=BLOG_BASI
CS
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-copy
right-administration-in-the-internet-age
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