Napoles, Shanelle T.

TOPIC: Intellectual Property Law; Copyright 1989

PROBLEM:

X copyrighted a scientific research paper consisting of 50 pages dealing with the Tasadays. Y
wrote a 100-page review of X’s paper criticizing X’s findings and dismissing X’s story as a hoax.
Y’s review literally reproduced 90% of X’s paper. Can X sue Y for infringement of his copyright?

ANSWER:

Yes, X can sue Y for infringement of his copyright. Section 185 of the Intellectual Property Code
provides that to an external compatible with fair practice and justified by scientific, critical,
informatory or educational purpose, it is permissible to make quotations or excerpts from a work
already made accessible to the public. Such quotations may be utilized in their original form or
in translation. In the case at bar, a review by another that “literally reproduced 90%” of the
research work done by X may no longer be considered as fair use if a copyrighted work. Thus,
X can sue Y for the violation of the copyright.