ipl quiz - group 1 - 20130914

8/13/2019 IPL Quiz - Group 1 - 20130914

http://slidepdf.com/reader/full/ipl-quiz-group-1-20130914 1/4

INTELLECTUAL PROPERTY LAW

ASSIGNMENT

Group 1

ABELLA, DALE

ABUCEJO, VINCENTSUMAWAY, TOM

BAJAMUNDI-PURA, YAZMINE

BASA, MICHELLE

1. Distinguish moral rights from economic rights of rights holders as to the coverage ofthese rights, and the transferability or assignment of copyright.

8/13/2019 IPL Quiz - Group 1 - 20130914


Section 177 of R.A. 8293 deals ith !economic rights" of a copyrightholder#oner. $conomic rights shall consist of the e%clusive right to carry out, authori&eor prevent the folloing acts'

a. Production Right ( reproduction of the or) or substantial portion of the or) *1++.1

b. Derivative Right ( dramati&ation, translation, adaptation, abridgment, arrangement orother transformation of the or) *1++.2c. Distribution Right ( first public distribution of the original and each copy of the or)by sale or other forms of transfer of onership *1++.3d. Rental and Lending Right ( rental of the original or a copy of an audiovisual orcinematographic or), a or) embodied in a sound recording, a computer program, acompilation of data ang other materials or a musical or) in graphic form, irrespectiveof the onership of the original or the copy hich is the sub-ect of the rental *1++.e. Right of Communication to the Public ( public display of the original or a copy of theor) *1++./ and other communication to the public of the or) *1++.0f. Public Performance Right ( public performance of the or) *1++.0g. Droit de suite or Resale Right ( not embodied in section 177 but recogni&ed byinternational writers as a component of the !economic right" *see section 2 of the 4ode1

5he above(mentioned rights are the components defining the e%tent of!economic rights" under the copyright la. 5hese rights are hoever different andindependent ith the !moral rights" or droit moral under section 193 of the 4ode andvice versa. 6oral right is loosely defined as the rights that the author of a or) ofcopyright has, independent to the economic rights of the copyright oner. 5here arefour rights comprising the same'a. Paternit! Right or Right of "ttribution ( the right to be identified as the author of aor) *193.1b. Right to #ithhold Publication or Right of Disclosure ( the right to ma)e alterations ofhis or) prior to or to ithold it from publication *193.2c. $ntegrit! Right or Right to %b&ect to Derogator! 'reatment of the #or( ( the right toob-ect to any distortion, mutilation or other modification of, or other derogatory action inrelation to, his or) hich ould be pre-udicial to his honor or reputation *193.3d. Right "gainst )alse "ttribution of a #or( ( the right to restrain the use of his nameith respect to any or) not of his on creation or in distorted version of his or)*193.

Aside from the different components of protected rights, moral rights andeconomic rights are also distinguised as to their transferability or assignability. 6oralrights are inalienable and nontransferable as it is en-oyed by the author!independently of the economic rights under section 1++ or the grant or assignmentith respect to such right". 7urthermore, moral rights shall last during the lifetime of theauthor and for fifty */ years after his death and shall not be assignable or sub-ect tolicense.2 n the otherhand, !economic rights" may be assigned in hole or in part uponritten indication by the author of such intention.3 o that, an author may assign some

1 Dennis B. Funa; Intellectual Property Law; 2012; p. 580-5812 section 198 of te IP !o"e# section 180.1 an" 180.2 of te IP !o"e

8/13/2019 IPL Quiz - Group 1 - 20130914


of his economic rights and retain the rest, or assign all his economic rights but toseveral individuals as assignees thereto.

2. 5he 4ollective 6anagement rgani&ation *46 is an organi&ation designated by

rights holders to act in behalf of their interest, particularly in the collection of their royalty fees.5he recent amendment to the 4ode *RA 132+ provides that necessary accreditation hasto be secured by a 46 before the in order to enforce the rights of its members. 5heneed for regulation is brought about by the collateral issues on chec) and balance,transparency and the freedom to contract vis(:(vis government regulation. 5hus, thecontinuing challenge for the e;uilibrium of the rights and liabilities of the organi&ation, themiddle users and the end(users. Discuss.

4ollective management organi&ations are an important lin) beteen creators andusers of copyrighted or)s *such as radio stations because they ensure that, asoners of rights, creators receive payment for the use of their or)s.*http'##.ipo.int

4ollective management does a valuable service to the orld of music and othercreative arts. <y managing their rights, the system is rearding creators for their or),and the creators in turn are more inclined to develop and apply their talents in anenvironment that provides ade;uate copyright and related rights protection and anefficient system for the management of rights. uch a situation encourages creators tocontribute to the development of the cultural sector, attracts foreign investment andgenerally enables the public to ma)e the most of a broad array of or)s.*http'##.ipo.int

n the e%ercise of its inherent olice oer, the tate ensures that members ofsocieties or collective management are protected from scrupulous organi&ations hichill not properly represent these creators and deliver to them their rightful royaltiesfrom their creations. =ence, in RA 13+2, ection 183 of RA 8293 is amended toinclude the necessity of collective management organi&ations to secure accreditationfrom the in order for them to enforce the rights of their members.

*$4. 183. Designation of ociety. > 5he oners of copyright and related rights or theirheirs may designate a society of artists, riters, composers and other right(holders tocollectively manage their economic or moral rights on their behalf. )or the saidsocieties to enforce the rights of their members* the! shall first secure the necessar!accreditation from the $ntellectual Pro+ert! %ffice. *ec. 32, .D. ?o. 9a

3. s the provision on the liability imposed by the la for circumvention of 5echnologicalrotection 6easures violative of the Right to nformation provision of the 4onstitution.

RA 13+2 has amended the la in hich circumvention of a technological measurein a protected or) is an aggravating circumstance in infringement cases, alloing the

http://www.wipo.int/




8/13/2019 IPL Quiz - Group 1 - 20130914


right holder to receive a greater amount of damages. 5his does not violate theprovision of the 4onstitution regarding right to information. As Article ection + ofthe 4onstitution provides'

"R'$CL, $$$ of the Constitution

Section 7. 'he right of the +eo+le to information on matters of +ublicconcern shall be recogni-ed. "ccess to official records* and todocuments and +a+ers +ertaining to official acts* transactions* ordecisions* as well as to government research data used as basis for

+olic! develo+ment* shall be afforded the citi-en* sub&ect to suchlimitations as ma! be +rovided b! law.

5he public is not barred from accessing information or creations hich they may deemnecessary for their on purposes, as such is prohibited by the 4onstitution. =oever,the right to access such information or creations must come ith a price as a to)en ofroyalty for the creator, hose or) the public may ant to utili&e and e%ploit came fromhis on ingenuity and hard or).

. A senator delivered a privilege speech herein he ;uoted and translated in 7ilipinolanguage, a speech delivered by a former resident of the @nited tates of America. Doesthe senator commit copyright infringement Assuming that the or) is a part of public domainin the @nited tates, is the senator still liable for copyright infringement 5he senator claimedthat the speech is in 7ilipino, and therefore he is not liable for the offense. Discuss.

Bes. n the case at hand there is a clear une;uivocal e%ample of plagiarism, acopyright infringement of someoneCs or) to claim it as his on. <ut if the speech is apart of a public domain it is not sub-ect to copyright infringement issues but still mustbe cited for it can still be considered as plagiarising e%ample is, if you are given ariting assignment and you turn in 4harles Dic)ensC A 5ale of 5o 4ities, passing it offas your on. Bou ould not be liable for copyright infringement in that instance, butyou ould be plagiari&ing, because you have passed off someone elseCs boo) as youron.

ipl quiz - group 1 - 20130914

Documents