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Intellectual Property Law > Copyright > Flashcards

Flashcards in Copyright Deck (7)
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1

Notwithstanding the provisions of Chapter V, the following acts shall not constitute infringement of copyright:

a. the recitation or performance of a work, once it has been lawfully made accessible to the public, if done privately and free of charge or if made strictly for a charitable or religious institution or society

b. the making of quotations from a published work if they are compatible with fair use and only to the extent justified for the purpose, including quotations from newspaper articles and periodicals in the form of press summaries: Provided, That the source and the name of the author, if appearing on the work, are mentioned

c. the reproduction or communication to the public by mass media of articles on current political, social, economic, scientific or religious topic, lectures, addresses and other works of the same nature, which are delivered in public if such use is for information purposes and has not been expressly reserved: Provided, That the source is clearly indicated

d. the reproduction and communication to the public of literary, scientific or artistic works as part of reports of current events by means of photography, cinematography or broadcasting to the extent necessary for the purpose

e. the inclusion of a work in a publication, broadcast, or other communication to the public, sound recording or film, if such inclusion is made by way of illustration for teaching purposes and is compatible with fair use: Provided, That the source and the name of the author, if appearing in the work, are mentioned

f. the recording made in schools, universities, or educational institutions of a work included in a broadcast for the use of such schools, universities or educational institutions: Provided, That such recording must be deleted within a reasonable period after they were first broadcast: Provided, further, That such recording may not be made from audiovisual works which are part of the general cinema repertoire of feature films except for brief excerpts of the work

g. the making of ephemeral recordings by a broadcasting organization by means of its own facilities and for use in its own broadcast

h. the use made of a work by or under the direction or control of the Government, by the National Library or by educational, scientific or professional institutions where such use is in the public interest and is compatible with fair use

i. the public performance or the communication to the public of a work, in a place where no admission fee is charged in respect of such public performance or communication, by a club or institution for charitable or educational purpose only, whose aim is not profit making, subject to such other limitations as may be provided in the Regulations

j. Public display of the original or a copy of the work not made by means of a film, slide, television image or otherwise on screen or by means of any other device or process: Provided, That either the work has been published, or, that the original or the copy displayed has been sold, given away or otherwise transferred to another person by the author or his successor in title

k. Any use made of a work for the purpose of any judicial proceedings or for the giving of professional advice by a legal practitioner

2

Copyright vs. Plagiarism

While copyright infringement has one victim, the copyright holder(s), plagiarism has two sets of victims, the copyright holder(s) and the people who were lied to about the origin of the work. The other important way to look at is that plagiarism is an ethical construct and copyright infringement is a legal one.

3

In determining whether the use made of a work in any particular case is fair use, the factors to be considered shall include:

a. the purpose and character of the use, including whether such use is of a commercial nature or is for non-profit educational purposes

b. the nature of the copyrighted work

c. the amount and substantiality of the portion used in relation to the copyrighted work as a whole

d. the effect of the use upon the potential market for or value of the copyrighted work

4

The fact that a work is unpublished shall by itself bar a finding of fair use. T or F.

False. The fact that a work is unpublished shall not by itself bar a finding of fair use if such finding is made upon consideration of all the above factors.

5

General rule: Notwithstanding the provision of Section 177, and subject to the provisions of Subsection 187.2, the private reproduction of a published work in a single copy, where the reproduction is made by a natural person exclusively for research and private study, shall be permitted, without the authorization of the owner of copyright in the work.

XPNS?

The permission granted under Subsection 187.1 shall not extend to the reproduction of:

a) a work of architecture in the form of building or other construction

b) an entire book, or a substantial part thereof, or of a musical work in graphic form by reprographic means

c) a compilation of data and other materials

d) a computer program except as provided in Section 189

e) any work in cases where reproduction would unreasonably conflict with a normal exploitation of the work or would otherwise unreasonably prejudice the legitimate interests of the author

6

When an author contributes to a collective work, his right to have his contribution attributed to him is deemed waived unless he expressly reserves it. T or F.

True.

7

Term of moral rights

The rights of an author under this chapter shall last during the lifetime of the author and for fifty (50) years after his death and shall not be assignable or subject to license.