Copyright

By G. Tribiana, M.S.

What is COPYRIGHT?
a law that gives you ownership over
the things you create
protects "original works of authorship"
that areFIXEDin "a tangible form
of expression
a set of rights that prevents other
people from copying your work and
doing other things with your work that
you may not like

Brief History

Which works are protected by

Copyright?
literary works
musical works, including any
accompanying words
pictorial, graphic, and sculptural works
pantomimes and choreographic works
motion pictures and other audiovisual works
architectural plans, drawings and actual
buildings
dramatic works, including any
accompanying words

Literary works

books
newspaper articles
poetry
blog posts
speeches
dissertations/thesis/repo
rts
brochures
games

Musical works

instrumental component
accompanying words
author of the lyrics
music notation
performer

Dramatic works
plays
Screenplays
TV scripts

Choreographic works
dances
ballets
mime performances

Pictorial, graphic &

sculptural works

paintings
drawings
photographs
digital illustrations

Motion pictures &

audiovisual works

movies
live webcasts
slideshows
video podcasts

Exclusive rights of the owner

under Copyright Law

the right to reproduce the work

to prepare derivative works
to distribute copies
to perform the work
to display the work publicly
These are your rights and your rights alone. Unless you
willingly give them up, no one can violate them legally. No one
can perform a piece written by you or make copies of it, even
with attribution, unless you give the OK.
.

Creative Commons(CC)license
enable the free distribution of an
otherwise copyrighted work
CClicenseis used when an author
wants to give people the right to
share, use, and build upon a work
that they have created

Public domain
the copyright has expired and all of
the rights have been forfeited
domain work is a creative work that
is not protected by copyright
andwhich may be freely used by
everyone
ask permission or confirm if the work
is in the public domain to the
National Library of the Philippines

The reasons that the work is not

protected include:
the term of copyright for the
work has expired
the author failed to satisfy
statutory
formalities to perfect the
copyright
the work is for the government

FLICKR CREATIVE COMMONS IMAGES

FLICKR CREATIVE COMMONS IMAGES

One of the most common sources of

Creative Commons images used by
bloggers is
(an online photo sharing
website)
Unfortunately many assume that all
images are licensed under creative
commons and allowed to be used.
Thisisntthe case.

All Rights Reservedare

copyrighted and require
permission from the person who
uploaded it to Flickr.

Images withSome rights

reservedmeans the Flickr user
has applied a Creative Commons
license to their photo and you can
use the image in the manner
specified by the license

Which works are NOT protected

by Copyright?
Not everything is protected by copyright law.
The following are categories of things not protected:
.

Ideas, procedures, methods, systems, processes,

concepts, principles, discoveries, or devices, (but
written or recorded descriptions, explanations, or
illustrations of such things are protected by copyright)
Titles, names, short phrases, and slogans; mere
listings of ingredients or contents (but some titles and
words might be protected under trademark law if
their use is associated with a particular product or
service)

Which works are NOT protected

by Copyright?
Not everything is protected by copyright law.
The following are categories of things not protected:
.

works that are not fixed in a tangible form of

expression, such as an improvised speech or
performance that is not written down or
otherwise recorded
works consisting entirely of information that is
commonly available and contains no originality
(for example, standard calendars, standard
measures and rulers, lists or tables compiled from
public documents or other common sources)
works by the Philippine government

Moral Rights
set of rights that are separate from
the authors copyright on a piece
rights that are generally considered
inalienable, which means that they
can not be given away or sold, and
thus persist even if the copyright to a
work is completely sold

As defined by the Berne Convention, the moral rights of an author are as follows:

the right to claim authorship of the

work
the right to object to any distortion,
mutilation or modification of the work
the right to object to any derogatory
action that may damage the authors
honor
ortoreputation
It is easy
see how moral rights can be useful in
fighting plagiarism since such an act is not only a
violation of the authors copyright, if he or she holds
it, but also the moral rights. It may also be useful in
cases where the copyright of a work has been lost,
either sold or given away, but plagiarism continues

Copyright Symbols

Form of Notice for Visually Perceptible Copies The notice

for visually perceptible copies should contain all the
following three elements:

The symbol (the letter C in a circle), or the word

Copyright, or the abbreviation Copr.
The year of first publication of the work (The year
date may be omitted where a pictorial, graphic, or
sculptural work, with accompanying textual matter,
if any, is reproduced in or on greeting cards,
postcards, stationery, jewelry, dolls, toys, or any
useful article)
The name of the owner of copyright in the work, or
an abbreviation by which the name can be
recognized, or a generally known alternative
designation of the owner.
Example: 2011 John
Doe

Copyright Symbol on Windows

Press and hold theALTkey, type

the numbers0169
2016 www.alt-codes.net

Copyright Symbol on Mac

Press Option Keyandg

Form of Notice for Phonorecords of Sound Recordings

The notice for phonorecords embodying a sound
recording should contain all the following three
elements:

The symbol
(the letter P in a circle)
The year of first publication of the sound
recording
The name of the owner of copyright in the
sound recording, or an abbreviation by
which the name can be recognized, or a
generally known alternative designation
Example:
2011 A.B.C.
of the owner
Records Inc.

Unpublished Works
The author or copyright owner may
wish to place a copyright notice on
any unpublished copies or
phonorecords that leave his or her
control.
Example: Unpublished work 2011 Jane Doe

Trademark
trademarks are for words, symbols, devices or names
that are used to distinguish the goods of
manufacturer or seller
any distinctive name, symbol, or word is designated
as trademarked with the symbol
this trademark does not protect the company from
another company that produces a similar product or
uses a similar name
if such a thing were to happen, the original
company would have to prove that it produced
the name or design first, but still may not have
a legal defense without a registration.

Examples Trademark
Logos

Registration
(or Registered Trademark)
registered trademark is designated with the
symbol
a trademark is protected against another
companys use of the name or image
a federal and legal registration of the mark
any future companies wishing to register its own
design/name/image has to check to be sure that
it is not like any registered trademarks
if the image is too similar and is still produced,
the company is guilty of trademark infringement
infringement means the action of breaking the terms of a law or agreement

Examples Registered Trademark

Logos
Trademark Registration services in
the Philippines

How to register: Trademark

Registration services in the
Philippines
applications at 8999PHP and full
packages for 13,999PHP


How long does copyright last?
In general, the term of protection of works under copyright
covers the

lifetime of the author and

fifty (50) years after his death

How to register?
National Library of the Philippines
5/F East Wing, NLP Building,
T.M. Kalaw Avenue, Manila
copyright@nlp.gov.ph

Application form
CopyrightAppForm.pdf

Requirements
CopyrightRegRequirements.pdf

Fair use
allows limited copying of copyrighted
works for educational and research
purposes
this policy permits those who are
working in the school setting to
borrow parts of an original work
without obtaining written permission
from the author.
the courts created fair use guidelines
for teachers and students.

There are four basic guidelines used

for the fair use policy

Examples of cases involving the

defense of fair use:
The court held that the use in a TV biography about Muhammed
Ali of up to 14 film clips of historical footage, each between 41
seconds and two minutes long, was likely to be fair use. Ali was
a public figure and his TV biography was the subject of public
interest. The allegedly infringingfilm clips were not the focus of
documentary and were not particularly noticeable, and use of
the film clips was not likely to the undercut market for a motion
picture.Monster Communications, Inc. v. Turner Broadcasting
System, Inc., 935 F. Supp. 490 (S.D.N.Y. 1996).
The court held that a parody of the song "I Love New York"
performed in a skit on "Saturday Night Live" poking fun at New
York City's public relations campaign and its theme song was a
protected fair use.Elsmere Music, Inc. v. NBC, 623 F.2d 252 (2d
Cir. 1980).