copyright law
DESCRIPTION
THE COPYRIGHT LAWThe Philippine entered another dark phase in its history on 21 September 1972 when President Ferdinand E. Marcos declared martial law throughout the country. A total ban on all mass media was enforced initially. Even when publishing activity resumed the dictatorial rule of Marcos kept a stern eye on the output of the presses. But more than censorship, the ultimate factor that hampered the development of the publishing industry was the economy. The nation was plagued by steadily inflation, a burgeoning foreign bedt, and the constant depletion of the national treasury due to graft and corruption. The economic crisis bore significant effects on the structure of society: the gap between the classes was further widened and there was a steady increase in the number of the Filipinos migrating overseas to seek permanent resident or contractual employment. The migration of professionals (including writers and artists) and skilled workers resulted in what has been called a brain drain in the country. As far as publishing is concerned, the government took steps toward professionalizing the country. The existing copyright law (Act no. 3134), patterned after US Copyright Law of 1909 and passed in 1924, was replaced by the Decree of Intellectual Property (Presidential Decree No. 49) in November 1972. The new law granted copyright to the author from the moment of the creation of a work even without prior registration and deposit with the National Library. The duration of the copyright was for the lifetime of the author until 50 years after his/her death.TRANSCRIPT
PHOTOCOPYING:
A WAY OF LIFE IN UPD
SYSTEM
Now bring you…
LEGAL ISSUES
on
COPYRIGHT LAW
RA 8293
| Copyright Law
By: Jesame Domingo | Raissa |
WHAT
IS VIOLATED
BOOKS
ADOPT
ARE
It's called the Intellectual Property Code of the
Philippines, or Republic Act No. 8293, specifically the
Law on Copyright.
• is enshrined in the Intellectual Property Code of the Philippines, officially known as Republic Act No. 8293.
• law is partly based on United States copyright law • principles of the Berne Convention for the Protection of Literary and
Artistic Works. • also protect patents, trademarks, and other forms of intellectual
property. • There are laws that protect copyrights: the Optical Media Act (which
protects music, movies, computer programs, and video games) is an example of such.
• enforced through a body established by the law: the Intellectual Property Office, or IPO, and its various branches.
• implementation is done with the coordination of the IPO and the Copyright Division of the National Library of the Philippines.
Philippine Copyright Law
THE
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LITS
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TED
LEGAL ACTION
on
COPYRIGHT
INFRINGEMENT
The Intellectual Property Code gives the power of mediating copyright problems (before, during, and after the copyright application process) to a bureau of the Intellectual Property Office known as the Bureau of Legal Affairs, as covered by Section 10 of the code. This body is empowered with the following functions: 1. Hear objections on items being applied for copyright 2. Address copyright violations where damages are no less than 200,000 pesos
a. Give the following penalties for copyright violations: i. Issue cease and desist orders which have a fixed time where the
copyright violator must stop violating the copyright being infringed ii. Accept voluntary orders of compliance or discontinuance as ordered by
the Director of Legal Affairs which must consist of the following: iii. Assurance to comply with the intellectual property law violated iv. Assurance to refrain from unlawful activity on the case being
investigated v. Assurance to refund, replace, recall, or repair defective products vi. Assurance to reimburse the complainant (usually the copyright holder)
of all charges, fees, and payments related to the case
vii. Seizure of the products that have been subject to infringement viii. Forfeiture of all paraphernalia and properties (whether real or personal) involved with the infringement ix. Imposition of administrative of fines no less than 50,000 pesos but no more than 300,000 pesos. For every day of continued violation, a fine of 5,000 pesos is imposed. x. Cancellation of any document (permit, registration, etc.) attributed to the product at the discretion of the Director of Legal Affairs xi. Withholding of any document pending approval of the Bureau from the respondent (the copyright violator) xii. Assessment of damages xiii. Censorship of the product xiv. Other penalties in line with Executive Order 983 (1983)
3. The power to implement this section
References:
• The Lawphil Project. 6 June 1997. Republic Act No. 8293. 9 May 2011. <http://www.lawphil.net/statutes/repacts/ra1997/ra_8293_1997.html>
• The Lawphil Project. 6 June 1997. Republic Act No. 8293. 9 May 2011. <http://www.lawphil.net/statutes/repacts/ra1997/ra_8293_1997.html
End http://ipophil.gov.ph