3computer ethics - intellectual property copyright

8/2/2019 3Computer Ethics - Intellectual Property Copyright

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Intellectual PropertyIntellectual PropertyAtty. Ramon Antonio RupertoAtty. Ramon Antonio Ruperto


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By intellectual creation, the following personsBy intellectual creation, the following personsacquire ownership:acquire ownership:

(1) The author with regard to his literary,(1) The author with regard to his literary,dramatic, historical, legal, philosophical,dramatic, historical, legal, philosophical,scientific or other work;scientific or other work;

(2) The composer; as to his musical(2) The composer; as to his musicalcomposition;composition;

(3) The painter, sculptor, or other artist,(3) The painter, sculptor, or other artist,with respect to the product of his art;with respect to the product of his art;

(4) The scientist or technologist or any(4) The scientist or technologist or anyother person with regard to his discovery orother person with regard to his discovery orinvention. (Art. 721, NCC)invention. (Art. 721, NCC)


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Intellectual Property RightsIntellectual Property Rights

Copyright and Related RightsCopyright and Related Rights

Trademarks and Service MarksTrademarks and Service Marks

Geographic IndicationsGeographic Indications

PatentsPatents

LayoutLayout--Designs (Topographies) ofDesigns (Topographies) of

Integrated CircuitsIntegrated Circuits Protection of Undisclosed InformationProtection of Undisclosed Information


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CopyrightCopyright

Has to do with the rights ofHas to do with the rights ofintellectual creators, particularlyintellectual creators, particularly

those usually, though not exclusivelythose usually, though not exclusively..

System of legal protection an authorSystem of legal protection an authorenjoys of the form of expression ofenjoys of the form of expression of

ideas.ideas.


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TrademarkTrademark

"Mark" means any visible sign"Mark" means any visible signcapable of distinguishing the goodscapable of distinguishing the goods

(trademark) or services (service(trademark) or services (service

include a stamped or markedinclude a stamped or markedcontainer of goods;container of goods;


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PatentPatent

Patentable Inventions.Patentable Inventions. -- AnyAnytechnical solution of a problem in anytechnical solution of a problem in any

field of human activity which is new,field of human activity which is new,

industrially applicable shall beindustrially applicable shall bepatentable. It may be, or may relatepatentable. It may be, or may relate

to, a product, or process, or anto, a product, or process, or animprovement of any of the foregoing.improvement of any of the foregoing.


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CopyrightCopyright


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When is work created?When is work created?

A copyrightable work is created whenA copyrightable work is created whentwo (2) requirements are met:two (2) requirements are met:

. or g na y. or g na y

2. expression2. expression


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OriginalityOriginality

How original should original be?How original should original be?

How many ideas are so truly original

that they merit legal protection as a


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ExpressionExpression

Mark Zuckerberg: The grounds areMark Zuckerberg: The grounds areour thing is cool and popular andour thing is cool and popular and

HarvardConnection is lame! I didn'tHarvardConnection is lame! I didn't, ., .didn't use anything! Look, a guy whodidn't use anything! Look, a guy whobuilds a nice chair doesn't owebuilds a nice chair doesn't owe

money to everyone who ever hasmoney to everyone who ever hasbuilt a chair, okay? They came to mebuilt a chair, okay? They came to mewith an idea, I had a better one.with an idea, I had a better one.


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ExpressionExpression

There is creation when an idea isThere is creation when an idea isexpressed in some tangible medium, or atexpressed in some tangible medium, or atleast expressed in such a away that theleast expressed in such a away that the

critical transition from bare idea orcritical transition from bare idea orconcept to product is effected.concept to product is effected.

No protection shall extend to any idea,No protection shall extend to any idea,procedure, system, method or operation,procedure, system, method or operation,

concept, principle, discovery or mere dataconcept, principle, discovery or mere dataas such.as such.


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Copyrightable WorksCopyrightable Works

Original WorksOriginal Works

Derivative WorksDerivative Works


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Original WorksOriginal WorksLiterary and Artistic Works.Literary and Artistic Works. --

Literary and artistic works, hereinafter referred to asLiterary and artistic works, hereinafter referred to as"works""works", are original intellectual creations in the literary, are original intellectual creations in the literaryand artistic domain protected from the moment of theirand artistic domain protected from the moment of theircreation and shall include in particular:creation and shall include in particular:

(a) Books, pamphlets, articles and other writings;(a) Books, pamphlets, articles and other writings;

(b) Periodicals and newspapers;(b) Periodicals and newspapers;c ectures, sermons, a resses, ssertat onsc ectures, sermons, a resses, ssertat ons

prepared for oral delivery, whether or notprepared for oral delivery, whether or notreduced in writing or other material form;reduced in writing or other material form;

(d) Letters;(d) Letters;(e) Dramatic or dramatico(e) Dramatic or dramatico--musical compositions;musical compositions;

choreographic works or entertainment inchoreographic works or entertainment indumb showsdumb shows

(f) Musical compositions, with or without words;(f) Musical compositions, with or without words;(g) Works of drawing, painting, architecture, sculpture(g) Works of drawing, painting, architecture, sculpture

engraving, lithography or other works of art;engraving, lithography or other works of art;models or designs for works of art;models or designs for works of art;


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(h) Original ornamental designs or models for articles of(h) Original ornamental designs or models for articles ofmanufacture, whether or not registrable as anmanufacture, whether or not registrable as anindustrial design, and other works of applied art;industrial design, and other works of applied art;

(i) Illustrations, maps, plans, sketches, charts and three(i) Illustrations, maps, plans, sketches, charts and three--dimensional works relative to geography, topography,dimensional works relative to geography, topography,

architecture or science;architecture or science;

character;character;(k) Photographic works including works produced by a(k) Photographic works including works produced by a

process analogous to photography; lantern slides;process analogous to photography; lantern slides;(l) Audiovisual works and cinematographic works and works(l) Audiovisual works and cinematographic works and works

produced by a process analogous to cinematography orproduced by a process analogous to cinematography orany process for making audioany process for making audio--visual recordings;visual recordings;(m) Pictorial illustrations and advertisements;(m) Pictorial illustrations and advertisements;(n) Computer programs; and(n) Computer programs; and(o) Other literary, scholarly, scientific and artistic works.(o) Other literary, scholarly, scientific and artistic works.


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Derivative WorksDerivative Works

The following derivative works shall also beThe following derivative works shall also beprotected by copyright:protected by copyright:

(a) Dramatizations, translations, adaptations,(a) Dramatizations, translations, adaptations,abridgments, arrangements, and otherabridgments, arrangements, and otheralterations of literary or artistic works; andalterations of literary or artistic works; and

(b) Collections of literary, scholarly or artistic(b) Collections of literary, scholarly or artistic

works, and compilations of data and otherworks, and compilations of data and othermaterials which are original by reason of thematerials which are original by reason of theselection or coordination or arrangement ofselection or coordination or arrangement oftheir contents.their contents.


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Works Not ProtectedWorks Not Protected

Any idea, procedure, system method orAny idea, procedure, system method oroperation, concept, principle, discovery oroperation, concept, principle, discovery ormere data as such, even if they aremere data as such, even if they are

expressed, explained, illustrated orexpressed, explained, illustrated or

News of the day and other miscellaneousNews of the day and other miscellaneousfacts having the character of mere itemsfacts having the character of mere itemsof press information;of press information;

Any official text of a legislative,Any official text of a legislative,administrative or legal nature, as well asadministrative or legal nature, as well asany official translation thereof.any official translation thereof.


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Copyright OwnershipCopyright Ownership

In the case of original literary and artistic works,In the case of original literary and artistic works,copyright shall belong to the author of the workcopyright shall belong to the author of the work

In the case of works of joint authorship, the coIn the case of works of joint authorship, the co--

authors shall be the original owners of theauthors shall be the original owners of the ,,rights shall be governed by the rules on corights shall be governed by the rules on co--ownership. If, however, a work of jointownership. If, however, a work of jointauthorship consists of parts that can be usedauthorship consists of parts that can be usedseparately and the author of each part can beseparately and the author of each part can be

identified, the author of each part shall be theidentified, the author of each part shall be theoriginal owner of the copyright in the part that heoriginal owner of the copyright in the part that hehas createdhas created


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In the case of work created by an author during and in theIn the case of work created by an author during and in thecourse of his employment, the copyright shall belong to:course of his employment, the copyright shall belong to:(a) The employee, if the creation of the object of copyright(a) The employee, if the creation of the object of copyrightis not a part of his regular duties even if the employee usesis not a part of his regular duties even if the employee usesthe time, facilities and materials of the employer.the time, facilities and materials of the employer.

(b) The employer, if the work is the result of the(b) The employer, if the work is the result of theerformance of his re ularlerformance of his re ularl --assi ned duties unless thereassi ned duties unless thereis an agreement, express or implied, to the contrary.is an agreement, express or implied, to the contrary.

In the case of a work commissioned by a person other thanIn the case of a work commissioned by a person other thanan employer of the author and who pays for it and the workan employer of the author and who pays for it and the workis made in pursuance of the commission, the person who sois made in pursuance of the commission, the person who so

commissioned the work shall have ownership of work, butcommissioned the work shall have ownership of work, butthe copyright thereto shall remain with the creator, unlessthe copyright thereto shall remain with the creator, unlessthere is a written stipulation to the contrarythere is a written stipulation to the contrary


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Copyright RightsCopyright Rights

exclusive right to carry out, authorize orexclusive right to carry out, authorize orprevent the following acts:prevent the following acts:1. Reproduction of the work or substantial1. Reproduction of the work or substantialportion of the work;portion of the work;2. Dramatization translation ada tation2. Dramatization translation ada tationabridgment, arrangement or otherabridgment, arrangement or othertransformation of the work;transformation of the work;3. The first public distribution of the3. The first public distribution of the

original and each copy of the work by saleoriginal and each copy of the work by saleor other forms of transfer of ownership;or other forms of transfer of ownership;


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4. Rental of the original or a copy of an4. Rental of the original or a copy of anaudiovisual or cinematographic work, a workaudiovisual or cinematographic work, a workembodied in a sound recording, a computerembodied in a sound recording, a computerprogram, a compilation of data and otherprogram, a compilation of data and other

materials or a musical work in graphic form,materials or a musical work in graphic form,

the copy which is the subject of the rental; (n)the copy which is the subject of the rental; (n)

5. Public display of the original or a copy of the5. Public display of the original or a copy of thework;work;

6. Public performance of the work; and6. Public performance of the work; and7. Other communication to the public of the work7. Other communication to the public of the work


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Fair UseFair Use

A privilege in others than theA privilege in others than theowner of the copyright to useowner of the copyright to use

the co ri hted material in athe co ri hted material in areasonable manner withoutreasonable manner withouthis consent, notwithstandinghis consent, notwithstanding

the monopoly granted to thethe monopoly granted to theowner by the copyright.owner by the copyright.


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Fair UseFair Use

1. criticizing, commenting, and1. criticizing, commenting, andnews reportingnews reporting

2. use for instructional purposes,2. use for instructional purposes,including producing multipleincluding producing multiplecopies for classroom use,copies for classroom use,

scholarship, research, andscholarship, research, andsimilar purposessimilar purposes


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FactorsFactors

In determining whether the use made of a workIn determining whether the use made of a workin any particular case is fair use, the factors to bein any particular case is fair use, the factors to beconsidered shall include:considered shall include:

(a) The purpose and character of the use,(a) The purpose and character of the use,

nature or is for nonnature or is for non--profit education purposes;profit education purposes;(b) The nature of the copyrighted work;(b) The nature of the copyrighted work;(c) The amount and substantiality of the portion(c) The amount and substantiality of the portionused in relation to the copyrighted work as aused in relation to the copyrighted work as awhole; andwhole; and(d) The effect of the use upon the potential(d) The effect of the use upon the potentialmarket for or value of the copyrighted workmarket for or value of the copyrighted work


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Reproduction by librariesReproduction by libraries

(a) Where the work by reason of its fragile character or(a) Where the work by reason of its fragile character orrarity cannot be lent to user in its original form;rarity cannot be lent to user in its original form;(b) Where the works are isolated articles contained in(b) Where the works are isolated articles contained incomposite works or brief portions of other published workscomposite works or brief portions of other published worksand the reproduction is necessary to supply them; whenand the reproduction is necessary to supply them; when

this is considered expedient, to person requesting their loanthis is considered expedient, to person requesting their loanfor purposes of research or study instead of lending thefor purposes of research or study instead of lending thevo umes or oo ets w c conta n t em; anvo umes or oo ets w c conta n t em; an(c) Where the making of such a copy is in order to preserve(c) Where the making of such a copy is in order to preserveand, if necessary in the event that it is lost, destroyed orand, if necessary in the event that it is lost, destroyed orrendered unusable, replace a copy, or to replace, in therendered unusable, replace a copy, or to replace, in thepermanent collection of another similar library or archive, apermanent collection of another similar library or archive, a

copy which has been lost, destroyed or rendered unusablecopy which has been lost, destroyed or rendered unusableand copies are not available with the publisher.and copies are not available with the publisher.


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Reproduction of ComputerReproduction of Computer

ProgramProgramThe reproduction in one (1) backThe reproduction in one (1) back--up copy or adaptation of aup copy or adaptation of acomputer program shall be permitted, without thecomputer program shall be permitted, without theauthorization of the author of, or other owner of copyrightauthorization of the author of, or other owner of copyrightin, a computer program, by the lawful owner of thatin, a computer program, by the lawful owner of thatcomputer program:computer program: ProvidedProvided, That the copy or adaptation, That the copy or adaptationis necessary for:is necessary for:

(a) The use of the computer program in conjunction(a) The use of the computer program in conjunctionwith a computer for the purpose, and to the extent, forwith a computer for the purpose, and to the extent, forwhich the computer program has been obtained; andwhich the computer program has been obtained; and

(b) Archival purposes, and, for the replacement of the(b) Archival purposes, and, for the replacement of the

lawfully owned copy of the computer program in the eventlawfully owned copy of the computer program in the eventthat the lawfully obtained copy of the computer program isthat the lawfully obtained copy of the computer program islost, destroyed or rendered unusable.lost, destroyed or rendered unusable.


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Term of ProtectionTerm of Protection

The copyright in works under shall beThe copyright in works under shall beprotected during the life of the author andprotected during the life of the author andfor fifty (50) years after his death.for fifty (50) years after his death.

In case of works of joint authorship, theIn case of works of joint authorship, the

rights shall be protected during the life ofrights shall be protected during the life ofe as surv v ng au or an or ye as surv v ng au or an or y

years after his death.years after his death.

In case of anonymous or pseudonymousIn case of anonymous or pseudonymousworks, the copyright shall be protected forworks, the copyright shall be protected for

fifty (50) years from the date on which thefifty (50) years from the date on which thework was first lawfully publishedwork was first lawfully published


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In case of works of applied art theIn case of works of applied art theprotection shall be for a period of twentyprotection shall be for a period of twenty--five (25) years from the date of makingfive (25) years from the date of making

In case of photographic works, theIn case of photographic works, the

protection shall be for fifty (50) years fromprotection shall be for fifty (50) years frompu ca on o e wor an , unpu s e ,pu ca on o e wor an , unpu s e ,fifty (50) years from the makingfifty (50) years from the making

In case of audioIn case of audio--visual works includingvisual works includingthose produced by process analogous tothose produced by process analogous to

photography or any process for makingphotography or any process for makingaudioaudio--visual recordings, the term shall bevisual recordings, the term shall befifty (50) years from date of publication and,fifty (50) years from date of publication and,if unpublished, from the date of making.if unpublished, from the date of making.


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Public domainPublic domain

Works are in the public domain if theWorks are in the public domain if theintellectual property rights have expired.intellectual property rights have expired.

When works are placed in the publicWhen works are placed in the public

domain, there is no copyright ownershipdomain, there is no copyright ownershipof the intellectual property.of the intellectual property.

Examples include the works ofExamples include the works ofShakespeare and Rizal and music ofShakespeare and Rizal and music of

Mozart and BeethovenMozart and Beethoven


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Calculation of TermCalculation of Term

The term of protection subsequent toThe term of protection subsequent tothe death of the author shall run fromthe death of the author shall run from

the date of his death or of publication,the date of his death or of publication,

deemed to begin on the first day ofdeemed to begin on the first day of

January of the year following the eventJanuary of the year following the event

which gave rise to them.which gave rise to them.


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Copyright InfringementCopyright Infringement

Infringement of a copyright is a trespassInfringement of a copyright is a trespasson a private domain owned and occupiedon a private domain owned and occupiedby the owner of the copyright, and,by the owner of the copyright, and,

therefore, protected by law.therefore, protected by law. , ,, ,

consists in the doing by any person,consists in the doing by any person,without the consent of the owner of thewithout the consent of the owner of thecopyright, of anything the sole right to docopyright, of anything the sole right to do

which is conferred by statute on the ownerwhich is conferred by statute on the ownerof the copyright.of the copyright.


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Factors in determining whether orFactors in determining whether or

not there is infringementnot there is infringement Is the part taken distinctive, i.e.,Is the part taken distinctive, i.e.,

something on which the first authorsomething on which the first authorspent much skill, effort or ingenuity?spent much skill, effort or ingenuity?

protection sought, to her and otherprotection sought, to her and otherproducers to produce works of thatproducers to produce works of that

sort? Would takings like this impairsort? Would takings like this impairincentive?incentive?


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Has the claimants present or futureHas the claimants present or futureability to exploit her work beenability to exploit her work beensubstantially affected?substantially affected?

at the authors expense?at the authors expense?

Do the two works compete for muchDo the two works compete for much

of the same market?of the same market?


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PlagiarismPlagiarism

To plagiarize is "to steal and pass off asTo plagiarize is "to steal and pass off asones own" the ideas or words of another.ones own" the ideas or words of another.

The "deliberate and knowing presentationThe "deliberate and knowing presentation

of another person's original ideas orof another person's original ideas orcreative expressions as ones own.creative expressions as ones own.

Plagiarism is using someone else's workPlagiarism is using someone else's workwithout giving proper creditwithout giving proper credit -- a failure toa failure to

cite adequately.cite adequately.


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Infringement vs. PlagiarismInfringement vs. Plagiarism

Usually, plagiarism and copyrightUsually, plagiarism and copyrightviolations go hand in hand.violations go hand in hand.

However, it is possible to commitHowever, it is possible to commit

plagiarizing. Likewise, it is possible toplagiarizing. Likewise, it is possible tocommit plagiarism without committingcommit plagiarism without committing

copyright infringement.copyright infringement.


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Proposed AntiProposed Anti--Piracy LegislationPiracy Legislation

Stop Online Piracy Act (SOPA)Stop Online Piracy Act (SOPA) nownowpending before the US House ofpending before the US House ofRepresentativesRepresentatives

(PIPA)(PIPA) now pending before the USnow pending before the USSenateSenate


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Proposed AntiProposed Anti--Piracy LegislationPiracy Legislation

The US bills are designed to block access to sitesThe US bills are designed to block access to sitescontaining unauthorized copyright material.containing unauthorized copyright material.

Content owners and the US government would beContent owners and the US government would begiven the power to request court orders to shutgiven the power to request court orders to shut

down sites associated with piracy.down sites associated with piracy. Advertisers, payment processors and internetAdvertisers, payment processors and internet

service providers would be forbidden from doingservice providers would be forbidden from doingbusiness with infringers based overseas.business with infringers based overseas.

Sopa also requires search engines to removeSopa also requires search engines to remove

foreign infringing sites from their results, aforeign infringing sites from their results, aprovision absent in Pipa.provision absent in Pipa.


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Wikipedias Statement:Wikipedias Statement: My hope is that when Wikipedia shuts down on January 18,My hope is that when Wikipedia shuts down on January 18,

people will understand that were doing it for our readers.people will understand that were doing it for our readers.We support everyones right to freedom of thought andWe support everyones right to freedom of thought andfreedom of expression. We think everyone should havefreedom of expression. We think everyone should haveaccess to educational material on a wide range of subjects,access to educational material on a wide range of subjects,even if they cant pay for it. We believe in a free and openeven if they cant pay for it. We believe in a free and open

Internet where information can be shared withoutInternet where information can be shared withoutimpediment. We believe that new proposed laws like SOPAimpediment. We believe that new proposed laws like SOPAan , an ot er s m ar aws un er scuss on ns ean , an ot er s m ar aws un er scuss on ns eand outside the United States, dont advance the interestsand outside the United States, dont advance the interestsof the general public.of the general public.

Why is this a global action, rather than USWhy is this a global action, rather than US--only?only? SOPA andSOPA and

PIPA are just indicators of a much broader problem.PIPA are just indicators of a much broader problem.All around the world, were seeing the developmentAll around the world, were seeing the developmentof legislation intended to fight online piracy, andof legislation intended to fight online piracy, andregulate the Internet in other ways, that hurt onlineregulate the Internet in other ways, that hurt onlinefreedoms.freedoms. Our concern extends beyond SOPA and PIPA:Our concern extends beyond SOPA and PIPA:they are just part of the problem. We want the Internet tothey are just part of the problem. We want the Internet toremain free and open, everywhere, for everyone. (Sueremain free and open, everywhere, for everyone. (Sue

Gardner, Executive Director)Gardner, Executive Director)


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Googles StatementGoogles Statement

PIPA & SOPA will censor the web. These bills would grant new powers toPIPA & SOPA will censor the web. These bills would grant new powers tolaw enforcement to filter the Internet and block access to tools to getlaw enforcement to filter the Internet and block access to tools to getaround those filters. We know from experience that these powers are onaround those filters. We know from experience that these powers are onthe wish list of oppressive regimes throughout the world. SOPA and PIPAthe wish list of oppressive regimes throughout the world. SOPA and PIPAalso eliminate due process. They provide incentives for Americanalso eliminate due process. They provide incentives for Americancompanies to shut down, block access to and stop servicing U.S. andcompanies to shut down, block access to and stop servicing U.S. andforeign websites that copyright and trademark owners allege are illegalforeign websites that copyright and trademark owners allege are illegal

without any due process or ability of a wrongfully targeted website to seekwithout any due process or ability of a wrongfully targeted website to seekrestitution.restitution. PIPA & SOPA will risk our industrys track record of innovation and jobPIPA & SOPA will risk our industrys track record of innovation and job

creation. These bills would make it easier to sue lawcreation. These bills would make it easier to sue law--abiding U.S.abiding U.S.companies. Lawcompanies. Law--abiding payment processors and Internet advertisingabiding payment processors and Internet advertisingservices can be subject to these private rights of action. SOPA and PIPAservices can be subject to these private rights of action. SOPA and PIPAwould also create harmful (and uncertain) technology mandates on U.S.would also create harmful (and uncertain) technology mandates on U.S.Internet companies, as federal judges secondInternet companies, as federal judges second--guess technologicalguess technologicalmeasures used by these companies to stop bad actors, and potentiallymeasures used by these companies to stop bad actors, and potentially

impose inconsistent injunctions on them.impose inconsistent injunctions on them. PIPA & SOPA will not stop piracy. These bills wouldnt get rid of piratePIPA & SOPA will not stop piracy. These bills wouldnt get rid of pirate

sites. Pirate sites would just change their addresses in order to continuesites. Pirate sites would just change their addresses in order to continuetheir criminal activities. There are better ways to address piracy than totheir criminal activities. There are better ways to address piracy than toask U.S. companies to censor the Internet. The foreign rogue sites are inask U.S. companies to censor the Internet. The foreign rogue sites are init for the money, and we believe the best way to shut them down is to cutit for the money, and we believe the best way to shut them down is to cutoff their sources of funding. As a result, Google supports alternativeoff their sources of funding. As a result, Google supports alternativeapproaches like the OPEN Act. (David Drummond, SVP Corporateapproaches like the OPEN Act. (David Drummond, SVP CorporateDevelopment and Chief Legal Officer)Development and Chief Legal Officer)

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