2010copyright laws and cases

8/22/2019 2010Copyright Laws and Cases

1/75

INTELLECTUAL PROPERTY LAW

(Rep. Act No. 8293) & THE LATEST

INFORMATION TECHNOLOGYby

MILAGROS SANTOS-ONGSEMINAR ON: BREAKING THE BARRIERS:PHILIPPPINE GROUP OF LAW LIBRARIANS

PALMAS DEL Mar, Bacolod City

April 27, 2010


2/75

LAWS

Agpalo in his book entitled, StatutoryConstruction, (1995, p.1) defined Law as

a rule of conduct formulated and made

obligatory by legitimate power of thestate. It includes statutes enacted bylegislature, issuances of the President in

exercise of legislative power..


3/75

LAWS

SOME OF LAWS NEED TO BE AMENDEDTO BE ATTUNED TO THE TIMES OR TOTHE PRESENT CONDITIONS

ONE OF THESE LAWS IS THE

INTELLECTUAL PROPERTY LAW - Rep.Act No. 8293


4/75

HISTORY OF COPYRIGHT LAWS

1. Law on Intellectual Propertyon January 10, 1879published in the Gaceta de Madrid on Jan. 12, 1879.

2. Spanish Copyright Lawcame to the Phil by way of the RoyalDecree of May 5, 1887.

3. US Copyright Lawunder the Treaty of Paris of 10th December1898.

4. Act No. 3134 by the Philippine Legislature on March 6, 1924.

1st intellectual property law patterned after the US Copyright Law.

5. Republic Act No. 167, An Act to Provide the Transfer ofPowers, Duties and Functions Relating to the Registration and

Protection of Copyrights From the National Library to the Patent Office.

June 20, 1947.


5/75

6. Civil Code (1949),Art. 721-724 of Rep. Act No.386 (of. Provisions are on Intellectual Creations.

7. Presidential Decree No. 49,Decree on IntellectualProperty.passed during Martial Law on December 15, 1972.

8.Presidential Decree No. 285,Authorizing theCompulsory Licensing or Reprinting of Educational Scientific orCultural Books and Materials as a Temporary or Emergency

Measure Whenever the Prices Thereof Become So Exorbitant as tobe Detrimental to the National Interest. September 3, 1973

9. Presidential Decree No. 400, Amending PresidentialDecree No. 285. March 1, 1974.

10. Presidential Decree No. 1203, Further AmendingPresidential Decree 285, as Amended by PresidentialDecree No. 400. September 27, 1977


6/75

11. Republic Act No. 8792, An ActProviding for the Recognition and Use of

Electronic Commercial and, Non-Commercial

Transactions, Penalties for Unlawful UseThereof, and Other Purpose, popularly known

as the E-Commerce Law, signed into law on

June 14, 2000, Implementing Rules and

Regulations of the Electronic Commerce Actone

month after the approval of the law, 13th July

2000.


7/75

11. INTELLECTUAL PROPERTY LAW

Republic Act No. 8293,An Act Prescribing theIntellectual Property Code and Establishing theIntellectual Property Office, passed June 6 1997and took effect January 1, 1998.

Incorporated provisions of international agreements wherein thePhil. is a signatory such as the Berne Convention for the Protectionof Literary and Artistic Works ( August 1, 1951), Exchange of Noteswith the United States for the protection and enforcement of intllectual property rights on April 6, 1993, WTO TRIPS Agreement

(Agreement on Trade Related Aspects in Intellectual PropertyRights) on Dec. 15, 1994 and the Dec. 1996 World IntellectualProperty Organization(WIPO) Geneva Protocolwhich covered theprotection of digital technology.


8/75

AMENDMENTS TO REP. ACT NO. 8293,

INTELLECTUAL PROPERTY CODE

Republic Act No. 9502 June 6, 2008

CHEAPER AND QUALITY MEDICINES ACT,

Chapter 2 of Rep. Act No. 8293, on patents ofmedicines

Republic Act No. 9239 Feb. 10, 2004

Regulating Optical Media, Reorganizing

the VIDEOGRAM REGULATORY BOARD
http://www.lawphil.net/statutes/repacts/ra1997/ra_8293_1997.htmlhttp://www.lawphil.net/statutes/repacts/ra1997/ra_8293_1997.html


9/75

REPUBLIC ACT NO. 9168 June 7, 2002 Phil. Plant Variety Protection Act of 2002 Section 2. Statement of Policies. a) The State recognizes that an effective

intellectual property system in general and thedevelopment of new plant variety in particular isvital in attaining food security for the country. Tothis end, it shall protect and secure the exclusiverights of breeders with respect to their new plantvariety particularly when beneficial to the peoplefor such periods as provided for in this Act.

b) The use of intellectual property bears a

socioeconomic function. To this end, the Stateshall promote the diffusion of technology andinformation for the promotion of nationaldevelopment and progress for the common good.


10/75

REPUBLIC ACT NO. 10055S.B. NO. 3416 H.B. 5208

An act providing the framework and support system forthe ownership, management, use and commercializationof Intellectual Property generated from research and

development funded by government and other purposes. Approved March 23, 2010.

Effective 15 days after publication

Business Mirror, April 23, 2010

PHILIPPINE TECHNOLOGY TRANSFERACT OF 2009


11/75

S.B. NO. 3416Prepared by the Jt. Cttee.on Trade & Commerce, Science

& Technology and Finance with Senators Angara,

Legarda and Roxas

S. B. 1721 introduced by Sen. Angara

S. B. No. 2595 introduced by Sen.

Legarda

H.B. 5208 introduced by CongressmanAbaya, Piamonte, Castelo-Daza,

Chavez, etc.


12/75

Business Mirror, April 23, 2010

or last FRIDAY!

Approved March 23, 2010.Effective 15 days after publication

TECH-TRANSFER LAW SEEN TO BOOST&D, ECONOMY

By Lynn Resurreccion (front page)

REPUBLIC ACT NO. 10055 - FULL TEXT (middle)

Hasten the process of technology commercialization andbroaden the scope protection of intellectual-propertyrights in government research and development

institutions Low patents for local research

1,215 patents, 24 local (sambong) 2006

1,814 patents, 28 local - 2007


13/75

COPYRIGHT PROVISIONS

Copyrightis vested upon the author orcreator from the time of creationirrespective of their mode or form of

expression,as well as their content,quality and purpose. Existing copyrightlaws primarily cover tangible or printed

literary and artistic works.


14/75

LIMITATIONS ON COPYRIGHT

Section 184.Limitations on Copyright. - 184.1. Notwithstanding the

provisions of Chapter V, the following acts shall not constitute

infringement of copyright:

(h) The use made of a work by or under thedirection or control of the Government, bythe National Library or by educational, scientificor professional institutions where such use is inthe public interest and is compatible with fairuse;

(k) Any use made of a work for the purposeof any judicial proceedings or for the giving

of professional advice by a legal practitioner. GOVERNMENT/PUBLIC RECORDS such as official legislation (law), court

decisions, administrative or legal documents. - Section 176 of Republic ActNo. 8293). This holds true to other works of government


15/75

Pirated bills

Atty. Adrian Cristobal Jr., Director of the Intellectual PropertyOffice, wrote an article, Copyright and GovernmentWorks. Business Mirror, Aug. 30, 2007,

stated that recently a member of Congress complained that one ofhis bills was pirated and passed into law but under anotherlegislators name.

Bills are considered as government works which are not protectedby the Copyright law (Section 176 of Republic Act No. 8293). This

holds true to other works of government such as official legislation(law), court decisions, administrative or legal documents. However,the government has proprietary rights if works are exploited forprofits.


16/75

EXCEPTIONNOT FOUND IN THE IPL BUT WASPROMULGATED COVERING DIGITAL WORKS

5.A.M. No. 04-7-06-SC, Re: Conditions on theCommercial Exploitation of Supreme CourtDecisions (July 20, 20040 - covers those whocompile and reproduce decisions in printed and

digital forms. Publishers are required to depositto the Supreme Court Library twenty (20) copiesof their publications.


17/75

The term "compilation" shall refer to acomplete collection of all decisions ofthe Supreme Court covering a period

of more than twenty (20) years."Commercial exploitation" shallmean selling such compilation to the

public for profit;


18/75

6.A.M. No. 04-7-06-SC on Aug. 17, 2004 clarified theterm compilation to cover complete collection of all decisions of the Supreme

Court covering the period of more than twenty (20) years.

SECTION 176. Works of the Government. -176.1. No copyright shall subsist in any work ofthe Governmentof the Philippines. However,

prior approval of the government agencyor office wherein the work is created shallbe necessary for exploitation of such workfor profit. Such agency or office may,

among other things, impose as a conditionthe payment of royalties.


19/75

DURATION OF COPYRIGHT

Sec. 213.1 of Republic Act No. 8293

the lifetime of the author and for50 years after his death.Joint authorship, the economic rights are protectedduring the lifetime of the surviving author and for 50

years after his death. anonymous or pseudonymous works, protection is for 50

years from the date of publication or from the date of itsmaking if unpublished, 50 years after his death

audio-visual or photographic works, be 50 years frompublication or from its making, if unpublished.

Works ofapplied arts, 25 years from the date of making


20/75

ISSUES AND CONCERNS FOR

Librarians

1.Fair Use Doctrine, sec 185

2. Reproduction of the work,

sec.177.1, sec 187.3. Reproduction by Libraries, Sec. 188.

4. Digital works


21/75

Supreme Court on copyright

There are thirty eight (38) decided cases(APPENDIX ), wherein the copyrightowners complied with the copyright

registration at the National Library.


22/75

COPYRIGHT INFRINGEMENT IN

BOOKS/PRINTED MATERIALS

1. Pedro Serrano Laktaw v. MamertoPaglinawan,G.R. No. 11937, April 1, 1918,

(44 Phil. 856-866) - registered literary workentitled Diccionario Hispano-Tagalog whichwas copied entries in the book entitledDiccionariong Kastila-Tagalog, in violation to

article 7 of the Intellectual Property Law ofJanuary 10, 1879. The Court rule that therewas infringement and ordered the book to bepulled out of the market.


23/75

Habana v. RoblesG.R. No. 131522, July 1, 1999

(369 Phil. 764-798)

This case may be classified as a landmark case for librarians for it is theonly case that deals with books and fair use of Republic Act No. 8293.

Chief Justice Davide Jr. dissenting opinion, evaluated and analyzed thefacts of caseas if he was a Librarian for he included library practice and

terminologies in cataloging and classification

system of book classification, the different kinds of card catalogs andtheir entries, use of punctuation marks,paragraphs, the characteristics ofan effective paragraph language structure, different parts of a book, etc.

recognized library classification systems (Dewey Decimal System and theLibrary of Congress System), or how a book can be divided into parts(frontispiece, title page, copyright page, preface, table of contents, etc.) orto the different headings used in a card catalogue (title card, author cardand subject card)


24/75

Major Consideration

Petitioners claim that respondentslifted,copied, plagiarized and/or transposedcertain portions oftheir book, College Englishfor Today, (CET)withoutsecuring their

permissionin the respondents book,Developing English Proficiency. DEP) Inaddition toplagiarismthe complaintincludemisrepresentationadversely andsubstantially diminished the sale of the

petitioners book and caused them damage byway of unrealized income. Both books wereissued copyright registration.


25/75

The Court ruled that the copying alone is not thecause of infringement but injurious effect or theharm that it has caused to the complainant. The injurycaused by the respondent Robles is lifting from

petitioners book materials and misrepresentingthem as her own. When respondent circulated thebook for commercial use without acknowledgingpetitioners as her source, this may have adverselyand substantially diminished the sale of the

petitioners book and caused them damage by way ofunrealized income.


26/75

Reproduction

Reproduction is a major problem as far as copyright lawsare concerned. Photocopying shops surround theuniversities. This condition has not been solved andbased on International Intellectual Property Alliance(IIPA) in their 2007 Special 301 Report (page 373),

statistics trade loss attributed to reproduction isincreasing. Said report has even identified the areasuniversitybeltin Manila and a particular street in mostcities

Reproduction of downloaded works by uploading thenin other websites/blogs, etc. OR printing/photcopying Reproduction of Computer Programs, Sec. 189.1


27/75

DIGITAL WORKS

AND THE NET


28/75

In the Unites States, the Digital Millennium

Copyright Act (DMCA), Pub. L. No. 105-

304, 112 Stat. 2860, was signed by PresidentBill Clinton on 28th October 1998l, covers

webcasting activities. This law provides that

it is a crime to create or sell any technologythat could be used to break copyright

protection devises.


29/75

Intellectual Property Code Rep.Act No. 8293

passed June 6 1997 and took effectJanuary 1, 1998.


30/75

DIGITAL WORKS

There are no clear cut rules or expressed provisions ofcopyright law on digital technology.

Sec. 172, Republic Act No. 8293 explicitly includedcomputer programs in its enumeration of said works.However the use of mode or form of expression in

section 172.2 maybe interpreted as to cover digital

works.


31/75

4. Reproduction of Computer Programs,

Sec. 189.1

Reproduction of one backup copy or adaptation is

permitted provided:

(a) Use of the program in conjunction with the

purpose and to the extent to which the computerprogram is obtained;

(b) Archival purposes or replacement of the lawfully

obtained copy which is lost,

destroyed or rendered unusable.


32/75

Section 189.2

No copy or adaption mentioned in this Section

shall be used for any other purpose other than

the ones determined in this Section, and any

such copy or adaptation shall be detestroyed inthe event that continued posession of the copy

of the computer program ceases to be lawful.


33/75

Section 189.3

This provision shall be without prejudice to the

application of Section 185 whenever

appropriate.

Section 185- Fair use of copyrighted works

Republic Act No 8792


34/75

Republic Act No. 8792

E-Commerce Law

More explicit provisions on digital works but ismore inbusiness-to business and business-to-consumerstransaction. However, it recognizes the use ofelectronic documents, criminalizes hacking of

computers or the launching of viruses and penalizespiracy of copyrighted works (Sec. 31(b)). Toguarantee its implementation, this law provides for

penalties to related crimes particularly those that

involve hacking and piracy.


35/75

Republic Act No. 8484 is an act

regulating the issuance and use of access

devices, prohibiting fraudulent acts

committed relative thereto, providing

penalties. - Deals more specifically on

commercial devices such as ATMs and

commercial transactions


36/75

AMENDMENT TO

Rep. Act No. 8293 - Intellectual Property Code

passed June 6 1997

MUST BE ATTUNED TO THE TIME ORTO THE PRESENT CONDITIONS AND TO

COMPLY WITH INTERNATIONAL LAWS

AND TREATIES WHEREIN THE

PHILIPPINES IS A SIGNATORY


37/75

EXECUTIVE ISSUANCE

Adm. Order No. 86 Nov. 3, 2003

Directing All Government Agencies and

Intrumentalities, Including Local Government Units,to Render Full Assistance and Cooperation in the

Creation of Appropriate Linkages of their Existing

Electronic Databases with the Executive Information

System of the Office of the President.


38/75

PENDING BILLS

Senate Bill No. 880An Act Amending Certain Provisions ofRep. Act No. 8293 - Intellectual Property Code

Senator Edgardo J. Angara who authored this bill, stated that

this bill was filed to respond to the upsurge of internetpiracy internet hackers victimizing even governmentwebsites and contents.

(www.senate.gov.ph/press_release/2009/0606_angara2.asp)

DOJEnchanted Kingdom


39/75

House Bills No. 322 and 3308 by CongresswomanImee Marcos (Ilocos) and Congressman Joey Salceda (Albay),

the House of Representativess amendments to the IPL were

deliberated on in the Committee on Trade & Industry chairedby Congressman Junie Cua (Quinine)(http://congress.gov.ph)committees/commnews_det.p..)

House Bills No. 3741 and 4217 byCongresmen Rodriguez and Tieng

respectively


40/75

WIPO COPYRIGHT TREATY (WCT)&

WIPO PHONOGRAMS TREATY (WPPT)

came into force in the Philippines on October 4, 2002

A signatory is under obligation to providelegal framework of basic rights, to ensure

that creators may control the use andemployment of their works as they aredisseminated through the newtechnologies and communication systems;

and technological adjuncts to ensure thatrightholders can effectively protect theirrights and to license their works online.


41/75

INTELLECTUAL PROPERTY

COALITION INC. REPORT Submitted via http://regulations .gov John J. Lesaca, Chairman

Numeriano F. Rodriguez , Jr., Secretary-General

2008: Issues and Challenges in the Protection andAdvancement of Intellectual Property Rights in the

Philippines

Recommendations:

1.Passage of the bills specially to implement Internet Treaties

2. Adoption of defintiverules on the prosecution level, including search andseizures, search warrants

4. Strengthening the role and function of the OMB

5. Creation of more IP Courts or IP dedicated


42/75

Software Piracy

Aniceto Ribao in his article Legal and practical

considerations of software piracy (World Bulletin

13, 44. (1997)

Now Popular - Open Source

Software in the Internet which can beused to suit specific needs


43/75

http://www.strategiweb.com/Phil_ipr.php

5 Common types of software piracy:

1. End-user piracy -corporate end-user piracy, additional copies without authorization

2. Client-server overusetoo many employees on a network use a central copy program atthe same time

3. Internet piracysoftware sale online

Pirate websites software for free in exchange for uploaded programsInternet auction sites offer counterfiet, out-of-channel infringing softwarePeer-to-Peer networks enable unauthorized transfer of copyrighted programs

4. Hard disk Piracy OLD new computer loads illegal copies of software

5. Software counterfeitingillegal duplication and sale of copyrighted material with theintent of directly imitating the copyrighted product

MOST VISIBLESale of Counterfeit CD-Roms


44/75

SOFTWARE PIRACY

http:www.strategiweb.com/Phil_ipr.php

YOU MAY ONLY COPY, ADOPT OR

RENT A COMPUTER PROGRAM IF THECOPYRIGHT OWNER GIVES YOU THEPERMISSION TO DO THIS. THIS

PERMISSION IS GIVEN IN THE FORM OFLICENSE.

T hi M L i d t hi li


45/75

Techie Mommy;Learning and teaching online

Good Possibilities (A Series Part 1)

By JAYE C. BAUTISTA April 7, 2009, 2:40pm

Internet usage increased from 23 percent in 2007 to 28 percent in2008. Around 28% of Filipinos in National Urban Philippines haveaccessed the internet in the past month. 5% access the internetevery day. That is an estimated 20 million internet users up by 5%

from the last years estimate. They also look for advice online before buying things as

well as other avenues of learning. Internet cafes are animportant access point. 71% have accessed the internetfrom internet cafes in the past 3 months. 47% of allinternet time are spent in internet cafes. (This wasbased on Yahoo! & Nielsen First Ever Internet HabitsStudy for the Philippines)


46/75

WORKS IN THE ON THE

INTERNET

BLOGS

FRIENDSTER

FACEBOOK

WHAT MUST BE DONE?


47/75

PHILIPPINES STILL IN THE

WATCHLIST International Intellectual Property Alliance (IIPA) in their

2007 Special 301 Report (page 377)

(www.iipa.com/rbc/2007/2007SPEC301PHILIPPINESpdf) stated that the increase in 2006, the

availability of broadband both homes and internet cafeshas increase the threat of illegal downloads tolegitimate sales and distribution. Motion picture industryand local music recording industry are affected by theillegal loading of pirated music. MP3 format recording

are illegally downloaded to mobile phones, flash drives,recordable discs and even computer hard drive.
http://www.iipa.com/rbc/2007/2007SPEC301PHILIPPINESpdfhttp://www.iipa.com/rbc/2007/2007SPEC301PHILIPPINESpdfhttp://www.iipa.com/rbc/2007/2007SPEC301PHILIPPINESpdfhttp://www.iipa.com/rbc/2007/2007SPEC301PHILIPPINESpdf


48/75

Copyrighted works placed in the

Internet

Full text ofArticles,transactions or anyinformation found in the Internet have

implied consent or implied licensefrom theauthor to download or printed and/or use it

The full text of some cannot be read unless thereader pays or subscribes to it.

House Bills No. 322 & 3308 deliberation IPO DirectorGeneral Adrian Cristobal Jr. stated, data, music. Otherworks posted in the internet form part of the publicdomain and are this freely downloable. However,there is infringement of the law if these information,dataare being exploited for profit.


49/75

FOR BOTH INSTANCES

Infringement is committed when aportion(s) or the whole material is copiedand forms part of another

publication/website/blog withoutacknowledging AND/OR asking theauthor or asking his consent.

OTHER LAWSAFFECTED/INFRINGED


50/75

1. PLAGIARISM

Another cause of action when there is noacknowledgment and/or consent of the author

The much publicized plagiarism case is thecommencement address of Manuel Pangilinan at thegraduation exercises of Ateneo de Manila Schools ofHumanities & Social Science last March 27 whichcontains passages or paragraphs from the works orspeeches of J. K. Rowling, Conan OBrien, Oprah Winfrey

an Barack Obama. Mr. Pangilinan admitted his guilt for the speech

was done by 2 speechwriters


51/75

Academic dishonesty in China by Gillian Wong, ManilaStandard, April 12, 2010

Ghostwriting, plagiarizing is rampant in China forprofessors need to author research papers to get

promoted. One ghost writers fee is aout 300 yuan or$45. This pressure to publish created ghostwriting boomwerein nearly 1 billion yuan (about $145 million) wassenton academic papers.

This is also required in some colleges and universities inthe Philippines not only for promotion but forpermanent/full-time status.


52/75

PLAGIARISM

INQUIRER EDITORIAL (April 5, 2010)

Defined Plagiarism as the act of passing off asones own the ideas or writings of another.

William Shakespeare, T.S. Elliot, Jack London.Alex Haley settled out of court for $650,000 formore than 80 passages of Harold Courlanders

TheAfrican in his Pulitzer Prize winning, TheRoots.

INQUIRER EDITORIAL (April 5,


53/75

INQUIRER EDITORIAL (April 5,2010)

Measures to avoid charge of plagiarism:

1. If you use someone elses ideas, YOUSHOULD CITE THE SOURCE;

2. If the way youre using the source is unclear,MAKE IT CLEAR; and

3. If you receive help from someone in writingthe paper (or report or speech), ACKNOWLEDGE

IT Even if one is paraphrasing, one is still usingsomeones ideas and arguments and MUST CITEthe original work.


54/75

Rina Jimenez-David

Like the Inquirer editorial, Ms. David wrote

that plagiarism could have been sidestepped

by the wise use of quotation marks and timely

use of such remarks as: as J.K. Rowling put

it or as a far wiser person like Oprah

Winfrey put it

U l d d i th K ft E G


55/75

Uploaded in the Kraft E-Group

acknowledging the Source POPEYESFritters

Recipe By: Popeye'sPublished in: Detroit NewsPublish Date: January, 2008Makes 4 side dishes.

Ingredients:1 box spinach -- chopped frozen thawed and squeezed dry1/4 cup onion -- finely chopped2 eggs2 Tbsp flour1 tsp cuminsalt and pepper to taste2 Tbsp olive oil

Method:In a large bowl, stir together 1 (10-ounce) package frozen, chopped spinach, thawed and squeezed dry, with 1/4 cup finely chopped onion, 2 eggs, 2tablespoons flour, 1 teaspoon ground cumin and salt and pepper to taste. Heat 2 tablespoons olive oil in large skillet and spoon heaping tablespoons ofspinach batter into hot oil, do not overcrowd pan. Cook the fritters on each side until brown and crispy, about 4-5 minutes total.

Recipe Notes:Coming up with a super veggie dish isn't always easy in the winter months. Options are limited, but these spinach fritters are so good you could evenserve them as a main course along with rice or a Waldorf salad.


56/75

2. LIBEL

Article 353 of the Revised Penal Codedefineslibel as a public and maliciousimputation of a crime,or of a vice or

defect, real or imaginary, or any act,omission, condition, status orcircumstance tending to cause the

dishonor, discredit or contempt of anatural or juridical person, or to blackenthe memory of one who is dead.


57/75

2. LIBEL

Requisites must concur:

(a) it must be defamatory;

(b) it must be malicious;

(c) it must be given publicity;

and (d) the victim must be identifiable.

.


58/75

A recent case of Libel is

The case filed by Supreme Court JusticePresbitero Velasco for 13 counts of libelagainst Marites Vitug for her online article

on ABS-CBNNEWS.com/Nesbreak entitledSC Justice in Partisan Politics, whichappeared for 13 consective days.

Senatorial candidate - Libel for internet

data line with the issue of a candidatespsychological tests


59/75

c. Election Law

Internet ads not restricted by new Comelec guidelines KIMBERLY JANE T. TAN, GMANews.TV02/05/2010 | 11:38 PM

Moreover, the Commission is unable to restrict election propagandadisseminated on the Internet.

"There are no guidelines as of yet [but] this is not something that we aregoing to tread lightly on," he said, without elaborating.

Candidates are already advertising on social media such as Facebook andthrough Google ads, not to mention established media web sites(Disclosure: GMANews.TV is one such news site that has hosted politicalads).

With its millions of web sites and blogs, the Internet is a nightmare forgovernment regulators anywhere.

Jaemark Tordecilla and Justine


60/75

Jaemark Tordecilla and Justine

Espina-Letrgo (PCIJ) Election laws abandoned by candidates in online

campainging, Manila Times, April 8-10, 2010

Online, betws wage war sans rules, cap on costs,

Phil. Star, April 9-10, 2010

Filipino internet users is pegged at aro und 24 million and mobile phoneusers at around 63 million

Candidates have taken interets on those figures to put up complex,interactive websites of their own, even as they litter popular online

publications, blogs and social networks with political propaganda. Text-blasting or sending of unsolicited SMS messages

YouTube

d Labor law


61/75

d. Labor law 1. Dismissal from serviceBlog material

2 Appointments

3. On-Line application


62/75

e. Censorship vis--vis INTERNET FREEDOM

Chin Wong in article Protecting onlinefreedom (Digitial Life column, Manila Standard,)

Sec of State Hillarys speech in support of

Internet Freedom U.S. vision of singleinternet where all of humanity has equalaccess to knowledge and ideas

Internet censorship in China, Vietnam,Saudi Arabia, Egypt, Tunisia & Uzbekistan


63/75

Googles announcement to pull out of Chinaunless it stop censoring search results. Toinvestigate reports that hackers are exploiting asecurity hole in Microsofts Internet explorer

browser to hack Google Mail accounts of humanrights activists protesting policies.

Italys censorship from the evils of pornography.Australia

Philippines is thru the bill Cybercrime PreventonAct as an offshoot of the Hyden Khos case


64/75

Access Policy

Blocking of Facebook and some social social

networks, even YouTube

Rationle

1. work disruption

2. viruses

3. affects the access speed of institutionalnetworks

POLYTECHNIQUE UNIVERSITY OF


65/75

POLYTECHNIQUE UNIVERSITY OF

THE PHILIPPINES WEBSITE

Terms of Use Acceptance of Terms

The information contained in PUPWebSite ("INFO") is provided by PUP and may be used for informationalpurposes only. By downloading any of the INFO contained in PUPWebSite, you agree to the terms and provisionsas outlined in this legal notice. If you do not agree to them, do not use this site or download INFO.

PUPWebSite and all its components (that are located within PUPWebSite) are protected by copyright laws andinternational copyright treaties, as well as other intellectual property rights laws and treaties. PUPWebSite isaccessed within conditional usage, not on full-entry access. These include, but not limited to, the followingprovisions:

GRANT OF CONDITIONAL USAGE. PUPWebSite is within conditional usage as follows:

Visiting, Browsing, and Interaction. PUP grants you conditional access to visit, browse, and interact withPUPWebSite as long as you abide with this TOU on your computers running validly licensed copies of software forwhich PUPWebSite was designed.

Ownership of Data. The INFO in PUPWebSite is owned by PUP and is managed by PUP ICT Center. This INFOis protected by intellectual property rights and may not be distributed, modified, reproduced in whole or in partwithout prior written permission from PUP and PUP ICT Center. The images from PUPWebSite may not bereproduced in any form without the prior advance written consent from PUP ICT Center (from which the imageswere originally developed). The University and PUPWebSite's inscription and PUPWebSite, consisting the logoand the typeface, should follow the standard. It cannot be altered in any way, such as in layout, shape, font, fontstyle, font size, position or color. When permission to reproduce materials are granted, the University andPUPWebSite should be acknowledged as the source of the materials. Other data used in PUPWebSite, which is

copyrighted by other entities are properly acknowledged within the Web page. Reference Copies. You may also make copies of CERTAIN parts of PUPWebSite as may be necessary for

educational, reference, and archival purposes only. (Please read the "Ownership of Data" clause) Links to Other Web sites. . When you access a non-PUPWebSite, it is independent from the University and

that PUP has no control over the content on that site and it does not mean that PUP endorses or accepts anyresponsibility for the content or use of such site. Other name entities of other organizations used withinPUPWebSite are also protected by copyright laws and international treaties.


66/75

CONCLUSION

LIBRARIANS AS PROFESSIONALS must be honest andupright and should not compromise their principles.

They should: 1. Always cite the source and/or simply remember to I

quote.. 2. Internet use mustnot be abused Blocking and/or restrictions 3. Police each other Might have forgotten the law or

are simply not aware that a law is infringed

4. Library Cooperation - Post in the library associationwebsites or blog important articles. PAARLwikipediaCongratulation

5. Respect website policy specially its restrictions

APPENDIXSUPREME COURT DECISIONS ON COPURIGHT


67/75

SUPREME COURT DECISIONS ON COPURIGHT

INFRINGEMENT

1. Habana v. Robles, G.R. No. 131522, July 19,1999

2.Pearl and Dean (Phil) Inc. v. Shoemart Inc. G.R.No. 148222, August 15, 2003

Illuminated Display units wherein certificate of registration wasissued Pres. Decree No. 49

3. Ching v. Salinas Sr., G.R. No.161295, June 29,2005

4. Leif Spring Eye Bushing for Automobilemanufacturers

5. Joaquin Jr. v. Drilon, G.R. No. 108946, January

28, 1999, 302 SCRA 225 (1999). Co ri ht to a TV ro ram Its a Date

6. NBI-Microsoft Corp. v. Hwan, G.R. No. 147043,June 21 2005


68/75

June 21, 2005Licensing agreement and the Department of Justices grave abuse ofdiscretion

7. Microsoft Corp. v. Maxicorp. Inc., G.R. No.140946, September 13, 2004Unfair competition pursuant to Pres. Decree No. 49 and the RevisedPenal Code

8. Columbia Pictures Inc. v. Court of Appeals. G.R.No. 110318, August 29, 1996, , 261 SCRA 144Copyright on motion pictures and the validity of the search warrants- Pres. Decree No. 49

9. Sambar v. Levis Straus & Co., Gr. No. 132604,

March 6, 2002Director of National Library was order to cancel registration - Designon the back pocket of European jeans

10. Levis Straus (Phil) v. Vogue Traders ClothingCo., G.R. No. 132993, June 29, 2000Copyright infringement of Live & Original Jeans, pocket design

12. Summerville Merchandising v. Court ofAppeals G R No 158767 June 26 2007


69/75

Appeals, G.R. No. 158767, June 26, 2007Plastic container of playing cards

13. Uniliver Philippines v. Court of Appeals, G.R.

No. 119298, August 10,2006 Airing of TV commercial of laundry soap double tagtac-toc.Certificate of registration was issued

14. Mighty Corporation v. E & J Gallo Winery, G.R.No. 154342, July 14, 2004

Certificate of registration by the National Library was issued forLa Campanas lifetime copyright claim over Gallo cigarettelabels

15.Columbia Pictures Entertainment Inc. v. Courtof Appeals. G.R. No. 111267, September 20,

1996 Probable cause to determine copyright infringement of

films

16. Mirpuri v. Court of Appeals, G.R No.114508 N b 19 1999


70/75

114508, November 19, 1999Trademark infringement of Barbison - Convention ofParis for the Protection of Industrial Property

17. Manly Sportwear v. Dsdotte Ent., G.R.No. 165306, September 20, 2005

Copyright on sportswear

18. Bayanihan Music v. BMG, G.R. No.166337, March 7, 2005

Certificate of registration by the National Library wasissued for 2 musical composition of Jose Mari Chan

19. Sony Music Phils. V. Espanol, G.R. No.156804, March 14, 2005

Pirated CDs


71/75

20. Kho v. Court of Appeals, G.R. No. 115758,March 19, 2002Oval facial cream case as shown in its Certificate of registration

21. Kho v. Summerville Merchandising, G.R. No.144100, August 29, 2000

Certificate of registration by the National Library on container ofbeauty cream

22. Kho v. Lansanas, G.R. No. 150877, May 4,2006

Oval facial cream case

23. People v. Choi, G.R. No. 152950 Probable cause on copyright infringement on fake cigaretts

24. People v. Estrada, G.R. No. 124461,


72/75

September 25, 1998, 296 SCRA 383Search for pirated CD Pres. Decree No. 49

25. Serrano v. NLRC, G.R. 117040, May 4,2000Probable cause for issuance of search warrant

26.McDonalds v. Big Mak, G.R. No. 143993,August 18, 2004

27. Cucueco v. Court of Appeals, October

25, 200428. Sony Computer Entertainment Inc. v.

Right Future Technology, G.R. No.169156. Feb. 15, 2007

29. Phoenix Publishing House, Inc. v. Ramos, G.R.No. L-32339, March 29, 1988, 159 SCRA 383


73/75

No. L 32339, March 29, 1988, 159 SCRA 383(1988).Reprint, published and distributed the of 2 books

30. 20th Century Fox Film Corp. v. Court ofAppeals, G.R. Nos. 76649-51, August 19, 1988.164 SCRA 655 (1988).

31. Laktaw v. Mamerto Paglinawan, G.R. No.

11937, April 1, 1918 (44 Phil. 856-866) Copyright infringement of a dictionary32. United States v. Yam Tung Way, G. R. No.

L6217, December 18, 1911Copied, printed and reproduced a literary work with out consent

33. Philippine Education Co. Inc. V. Sotto, G.R. No.


74/75

L-300774, January 29, 1929

Common courtesy among newspaper men to give the

source of reproduction34. Ocampo v. Tancinco, G.R. No. L-5967, January

31, 1955)

35. Mauro Malang Santos v. McCullough Printing

Co., G.R. No. L-19439, October 31, 1964Use of a design for a christmas card used by Amb. Neri

36. Filipino Society of Composers, Authors andPublishers Inc. v. Tan, G.R. NO. 36402, March

16, 1987Singing of Dahil sa Iyo in a restaurant

37 SANRIO COMPANY LIMITED vs EDGAR C LIM


75/75

37. SANRIO COMPANY LIMITED vs. EDGAR C. LIM,doing business as ORIGNAMURA TRADING, G.R. No.168662 , February 19, 2008

38.PEOPLE vs. CHRISTOPHER CHOI, G.R. No. 152950,August 3, 2006

a search warrant for violation of Section 168, paragraphs 2 and 3(a) and (c), in relation to Section 169 of RA 8293

2010copyright laws and cases

Documents