E-RESERVE: a Provision from the Philippine Copyright Law

(R.A. 8293)

Presenters: KIAL, NORILYN A.

TAWA, DELAILAH A.

• The offending party may also be ordered to pay civil damages.

• Injunction and destruction of the infringing goods or products can also be obtained.

• “SEC 191. Deposit and Notice of Deposit with the National Library and the Supreme Court Library. – At any time during the subsistence of the copyright, the owner of the copyright or of any exclusive right in the work may, for the purpose of completing the records of the National Library and the Supreme Court Library, register and deposit with them, by personal delivery or by registered mail, two (2) complete copies or reproductions of the work in such form as the Directors of the said libraries may prescribe in accordance with regulations: Provided, That only works in the field of law shall be deposited with the Supreme Court Library. Such registration and deposit is not a condition of copyright protection.

• “SEC. 181. Copyright and Material Object. – The copyright is distinct from the property in the material object subject to it. Consequently, the transfer, assignment or licensing of the copyright shall not itself constitute a transfer of the material object. Nor shall a transfer or assignment of the sole copy or of one or several copies of the work imply transfer, assignment or licensing of the copyright. (Sec. 16, P.D. No. 49)”

“SEC. 188. Reprographic Reproduction by Libraries• 188.1. Notwithstanding the provisions of Subsection 177.1., any

library or archive whose activities are not for profit may, without the authorization of the author or copyright owner, make a limited number of copies of the work, as may be necessary for such institutions to fulfill their mandate, by reprographic reproduction:

“ Where the making of such limited copies is in order to preserve and, if necessary in the event that it is lost, destroyed or rendered unusable, replace a copy, or to replace, in the permanent collection of another similar library or archive, a copy which has been lost, destroyed or rendered unusable and copies are not available with the publisher.”

“SEC 191. Deposit and Notice of Deposit with the National Library and the Supreme Court Library. • At any time during the subsistence of the copyright, the

owner of the copyright or of any exclusive right in the work may, for the purpose of completing the records of the National Library and the Supreme Court Library, register and deposit with them, by personal delivery or by registered mail, two (2) complete copies or reproductions of the work in such form as the Directors of the said libraries may prescribe in accordance with regulations: Provided, That only works in the field of law shall be deposited with the Supreme Court Library. Such registration and deposit is not a condition of copyright protection.”

“SEC. 216. Infringement. – A person infringes a right protected under this Act when one:• “(a) Directly commits an infringement;

• “(b) Benefits from the infringing activity of another person who commits an infringement if the person benefiting has been given notice of the infringing activity and has the right and ability to control the activities of the other person;

• “(c) With knowledge of infringing activity, induces, causes or materially contributes to the infringing conduct of another.

“216.1. Remedies for Infringement. – Any person infringing a right protected under this law shall be liable:

• “ To pay to the copyright proprietor or his assigns or heirs such actual damages, including legal costs and other expenses, as he may have incurred due to the infringement as well as the profits the infringer may have made due to such infringement, and in proving profits the plaintiff shall be required to prove sales only and the defendant shall be required to prove every element of cost which he claims, or, in lieu of actual damages and profits, such damages which to the court shall appear to be just and shall not be regarded as penalty: Provided, That the amount of damages to be awarded shall be doubled against any person who:

WHAT IS E-RESERVE??

•Electronic Reserve consists of both personal and library materials that can be scanned or copied, including:

chapters from books, journals, articles, tests, exams and other assignments. Items can be accessed by logging in to the e-reserve system.

E-Reserve Provision from R.A. 8293• Section 171.4. A "computer" is an electronic or similar

device having information-processing capabilities, and a "computer program" is a set of instructions expressed in words, codes, schemes or in any other form, which is capable when incorporated in a medium that the computer can read, or causing the computer to perform or achieve a particular task or result

Sec. 185. Fair Use of a Copyrighted Work. -• 185.1. 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. Decompilation, which is understood here to be the reproduction of the code and translation of the forms of the computer program to achieve the inter-operability of an independently created computer program with other programs may also constitute fair use.

Sec. 189. Reproduction of Computer Program• 189.1. Notwithstanding the provisions of Section 177, the reproduction in one (1) back-up copy or adaptation of a computer program shall be permitted, without the authorization of the author of, or other owner of copyright in, a computer program, by the lawful owner of that computer program: Provided, That the copy or adaptation is necessary for:

• (a) The use of the computer program in conjunction with a computer for the purpose, and to the extent, for which the computer program has been obtained; and • (b) Archival purposes, and, for the replacement

of the lawfully owned copy of the computer program in the event that the lawfully obtained copy of the computer program is lost, destroyed or rendered unusable.

Practices for Electronic Reserves• Library practices for electronic reserve reading services are

derived from the fair use provisions of the United States. Copyright Act expressly permits the making of multiple copies for classroom use. The Association of Research Libraries Bimonthly Report 232, February 2004, "Applying Fair Use in the Development of Electronic Reserves Systems," served as a model for guidelines.

• The University of Illinois, Urbana-Champaign Library purchases collections for the nonprofit educational use of students and faculty. All library materials are acquired with the understanding that there will be multiple uses of a limited number of copies. The Library pays premium institutional prices for many print journal subscriptions and electronic journal license agreements--prices which are many times higher than individual subscription prices--in order to support multiple academic uses. The sole purpose of the electronic reserve service is to facilitate the making of multiple copies for classroom use by students. Considered within this context, electronic reserve services were developed by the Libraries in a manner that conforms to the fair use provisions of copyright law

• The fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified in that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship or research, is not an infringement of copyright.

The purpose and character of the use, including whether such use of a commercial nature or is for nonprofit educational purposes;

•The UIUC Library has implemented our e-reserve system in support of non-profit education• Placement of materials on electronic reserve is at the initiative of faculty solely for non-commercial, educational purposes.

The nature of the copyrighted work;• The amount and substantiality of the portion used in relation to

the copyrighted work as a whole;• The UIUC Library considers the relationship of the amount used

to the whole of the copyright owner's work.• Because the amount that a faculty member assigns depends on

many factors, such as relevance to the teaching objective and the overall amount of material assigned, the UIUC Library may also consider whether the amount, even the entire work, in some cases, is appropriate to support the lesson or make a point

•Whenever possible, if the Library does not already own or have licensed access to the material, it will purchase materials at a reasonable price to be copied or scanned for electronic reserves.

• Copyright notices appear on screen in the online reserve system to indicate that copyright law may cover materials.• There are no charges for access. The charge for copies

made by students will be limited to the nominal cost of laser printing.• Electronic files are no longer accessible from the reserve

system at the end of each semester.

Examples of e-reserve library in the Philippines

Electronic Reserve Copyright Guidelines (Bailey/Howe Library, University of Vermont)• The copyright law of the United States governs the making of

reproductions of copyrighted material. Under certain conditions, libraries are authorized to furnish a reproduction, but one of the specified conditions is that the reproduction will not be used for any purpose other than private study, scholarship, or research.• Because the library is considered an extension of the classroom,

access to reserve materials is limited to course and instructor's name. When faculty submit items to Reserve/EReserve, they should provide the author's name, title of the work, and copyright statement, if there is one.

Fair-use and E-Reserve practices

Fair-use and E-Reserve practices

Fair-use and E-Reserve practices

Fair-use and E-Reserve practices

Fair-use and E-Reserve practices

Fair-use and E-Reserve practices

Fair-use and E-Reserve practices

Fair-use and E-Reserve practices

Fair-use and E-Reserve practices

References:http://rizal.lib.admu.edu.ph/rlereserve.asphttps://library.uvm.edu/services/reserves/ereserveguide.php

THANK YOU!!!