TALACTAC, Aira Rowena A.

2017400080
LIP SPL-G
December 9, 2020

QUIZ ON COPYRIGHTS

1. Alta Cruz is the owner and author of the fictionalized short story. Thus, the copyright
belongs to her. In the case at bar, the act of Bess Santos in writing a script based on
Alta’s short story is considered as a derivative work. It is based on an existing work, the
short story of Alta. Thus, the script shall be protected as new work. It shall also be noted
that the copyright extends only to the expression of the idea and not to the property or
product itself. However, in the case at bar, Bess did not obtain the consent of Alta to
make alterations on the short story. Thus, Bess commits infringement by benefiting to
the activity or work of Alta. Alta may file an injunction to stop such infringement or Bess
be ordered to pay damages. Philippine Daily is the author of the critique and thus, its
copyright owner. While on the other hand, XXX Group has undertaken the stage play
and thus, it is the copyright owner of such stage play.

2. No, the use of Ms. X of the catchy phrase “Uuuy, sobrang cheesy!” does not fall
within the fair use limitations. To determine whether or not there is fair use, the following
factors shall be considered: (a) the purpose and character of the use; (b) nature of
copyrighted work; (c) amount and substantiality of the work; and (d) effect of the market
value of the original work. As to the first factor, the purpose of Ms. X in the use of the
catchy phrase is to sell the same in her boutique. As to the nature of the copyrighted
work, the catchy phrase is used in an advertisement to promote a particular brand of
pizza. As to the amount and substantiality of the work, Ms. X copied the whole catchy
phrase and printed it on mugs to be sold. Lastly, the Ms. X’ use of the catchy phrase
may injure GPC as a copyright owner because people may have the impression that the
same is what is being advertise in GPC’s various television advertisement. Thus, Ms. X
cannot invoke fair use.