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Module 6
for

Media Information Literacy

Second Quarter
School Year 2020-2021

___________________________________
Learner’s Name:

___________________________________
Parent’s/Guardian’s Signature

Teacher: James Enoveno

Contact Number: 09552747135
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Module 6
Copyright and Plagiarism
MEMORY VERSE:

Matthew 7:7-12
“Your eye is the lamp of your body. When your eye is healthy, your whole body is full of light,
but when it is bad, your body is full of darkness.”

Enabling Outcomes: (MELC)

Based on the curriculum guide (CG), the student should be able to:
 Define copyright and plagiarism;
 Understand intellectual property, copy right and fair guidelines;
 Understand legal rights and responsibilities with respect to copyright.

Concepts (Generalization)
What is Copyright?

Copyright is a collection of all rights enjoyed by the owner of an artistic or literary work.

What are considered copyrightable works in the Philippines?

Under Philippine law, original intellectual creations in the literary and artistic domain are copyrightable.

These include books, pamphlets, articles and other writings; periodicals and newspapers; lectures, sermons,
addresses, dissertations prepared for oral delivery; letters and so on. Copyright protection does not cover:
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What are considered copyrightable works in the Philippines?

Under Philippine law, original intellectual creations in the literary and artistic domain are copyrightable.

These include books, pamphlets, articles and other writings; periodicals and newspapers; lectures,
sermons, addresses, dissertations prepared for oral delivery; letters; dramatic or dramatic-musical
compositions; choreographic works or entertainment in dumb shows; musical compositions; drawing,
painting, architecture, sculpture, engraving, lithography; models or designs for works of art; original
ornamental designs or models for articles of manufacture; illustrations, maps, plans, sketches, charts and
three-dimensional works relative to geography, topography, and so on.

Copyright protection does not cover:

Idea, procedure, system method or operation, concept, principle, discovery or mere data as such, even if
they are expressed, explained, illustrated or embodied in a work;

Copyright protection does not cover:

News of the day and other miscellaneous facts having the character of mere items of press information;

Copyright protection does not cover:

Official text of a legislative, administrative or legal nature, as well as any official translation thereof;

Copyright protection does not cover:

Work of the Philippine Government, unless there was a prior approval by the appropriate government
agency; and

Copyright protection does not cover:

Statutes, rules and regulations, and speeches, lectures, sermons, addresses, and dissertations, pronounced,
read or rendered in courts of justice, before administrative agencies, in deliberative assemblies and in
meetings of public character.

Is a copyright registration necessary to protect artistic or literary works?

No, copyrightable works are protected from the moment of their creation.

Who can apply for a copyright registration?

The owner of the work or his/her assignees or successors-in- interest has the right to apply for a
copyright registration.
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Who are considered owners of the copyrightable works?

The owners of original literary and artistic works are:

1. The author of the work;

2. If the work is of joint ownership:

 The co-authors are the original owners and in the absence of agreement, their rights shall be
governed by the rules on co- ownership.
 The author of each part is the owner of such part he/she created, if the work consists of parts
that can be used separately and the author of each part can be identified.
3. If the work is created in the course of employment:

 Employee is the owner, if the work created is not part of employee’s regular duties even if he uses
the time, facilities and materials of the employer;
 Employer is the owner, if the work created is the result of the performance of employee’s
regularly-assigned duties, unless otherwise agreed upon.
 If the work was commissioned, the one who commissioned the work jointly owns it with the
author/creator – but the copyright of the work remains with author/creator, unless otherwise
agreed upon;
 In the case of audio-visual work, the copyright belongs to the producer, the author of the scenario,
the music composer, the film director, and the author of the work adapted. However, unless
otherwise agreed upon among the creators, the producer has the right to exercise copyright to the
extent required for the exhibition of the work in any manner, except for the right to collect license
fees for the performance of musical compositions, with or without words, which are incorporated
into the work.
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Can the author or creator waive or transfer copyright?

Yes, the author/creator of any work can waive or transfer copyright on his/her work in favor of a
corporation or another individual.

What is the duration of copyright protection?

In the Philippines, copyright protection for artistic, literary and derivative works lasts during the lifetime
of the author plus 50 years after the author’s death. This term of protection also applies to posthumous
works. In the case of joint authorship, the economic rights shall be protected during the lifetime of the
last surviving author plus 50 years after such author’s death.

What is the duration or term of protection for works with anonymous owner/creator?

In case of anonymous or pseudonymous works, copyright protection shall last for 50 years from the date
on which the work was first lawfully published. If the work was not published, it shall be protected for 50
years counted from the creation of the work.

What is the duration or term protection for works of applied art?

Works of applied art shall be protected for 25 years from the date of its creation.

What is the duration or term of protection for audio-visual works?

Audio-visual works shall be protected for 50 years from the date of publication. If it is unpublished, it is
protected for 50 years from the date of creation.

What is the duration or term of protection for performers and producers of sound recordings?

Performances not incorporated in recordings shall be protected for 50 years from the end of the year in
which the performance took place. Sound or image and sound recordings and performances incorporated
therein shall be protected for 50 years from the end of the year in which the recording took place.

What are the rights conferred to the author of work?

The author of a work has copy or economic rights, as well as moral rights over the work.
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The author has the exclusive right to carry out, authorize or prevent the:

 Reproduction of the work or substantial portion of the work;

 Dramatization, translation, adaptation, abridgment, arrangement or other transformation of the
work;
 The first public distribution of the original and each copy of the work by sale or other forms of
transfer of ownership;
 Rental of the original or a copy of an audio-visual or cinematographic work, a work embodied in
a sound recording, a computer program, a compilation of data and other materials or a musical
work in graphic form, irrespective of the ownership of the original or the copy which is the
subject of the rental;
 Rental of the original or a copy of an audio-visual or cinematographic work, a work embodied in
a sound recording, a computer program, a compilation of data and other materials or a musical
work in graphic form, irrespective of the ownership of the original or the copy which is the
subject of the rental;
 Public display of the original or a copy of the work;
 Public performance of the work; and
 Other communication to the public of the work.

Moral rights confer the following on the author of a work:

1. To require that the authorship of the works be attributed to him, in particular; the right that his name,
as far as practicable, be indicated in a prominent way on the copies, and in connection with the public
use of his work;
2. To make any alterations of his work prior to, or to withhold it from publication;
3. To object to any distortion, mutilation or other modification of, or other derogatory action in relation
to, his work which would be prejudicial to his honor or reputation; and
4. To restrain the use of his name with respect to any work not of his own creation or in a distorted
version of his work.

Can a copyright be transferred or assigned?

Yes. Copyright can be transferred or assigned in whole or in part.

Is the sale of an original work, for example a painting, equivalent to the transfer of the copyright
therein?

No. The copyright is distinct from the object or property subject to it. Consequently, the transfer or
assignment of the copyright does not necessarily constitute a transfer of the object. Nor shall a transfer or
assignment of the copy or several copies of the work imply a transfer or assignment of the copyright.

What is the extent of authority granted to the publisher of newspapers, periodicals or magazines
when a work is submitted for publication?

The authority constitutes only a license to make a single publication unless expressly stated otherwise. If
the copyright is owned by more than 1 person, neither of the owners shall be entitled to grant a license
without the prior written consent of the other owner or owners.
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What is the extent of copyright protection in works of architecture?

Copyright in a work of architecture includes the right to control the erection of any building, which
reproduces the whole or substantial part of the work either in its original form or in any form
recognizably derived from the original. It shall not include the right to control the reconstruction or
rehabilitation in the same style as the original of the building to which the copyright relates.

Can a computer program be reproduced without violating the author’s copyright?

Yes, in cases of fair use. Decompilation, which is the reproduction of the code and translation of the
forms of the computer program to achieve the inter-operability of an independently created computer
program with other programs constitutes fair use and is allowed.

Other than the Intellectual Property Code of the Philippines, is there any special law that ensures
the protection to copyright owners of audio-visual works?

Yes, the Optical Media Act of 2003. This Act regulates the manufacture, mastering, replication,
importation and exportation of optical media in which information, including sounds and/or images, or
software code, has been stored, either by mastering and/or replication.

Under the Optical Media Act, any person, establishment or entity shall, prior to engaging in one or
more of the following business or activities register with and secure the appropriate licenses from
the Optical Media Board (OMB):

 Importation, exportation, acquisition, sale or distribution of optical media, manufacturing

equipment, parts and accessories and manufacturing materials used or intended for use in the
mastering, manufacture or replication of optical media;
 Possession or operation of manufacturing equipment, parts and accessories, or the possession
acquisition, sale or use of manufacturing materials for the mastering, manufacture or replication
of optical media; and
 The mastering, manufacture, replication, importation or exportation of optical media.

What is fair use?

The fair use of a copyrighted work for criticism, comment, news, reporting, teaching including
multiple copies for classroom use, scholarship, research and similar purposes is not an infringement of
copyright.

To determine whether use of a work constitutes fair use, the following factors are considered:

1. The purpose and character of the use, including whether such use is of a commercial nature or if or
non-profit educational purposes;
2. The nature of the copyrighted work;
3. The amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
4. The effect of the use upon the potential market for or value of the copyrighted work.
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What constitutes copyright infringement in the Philippines?

Under Philippine law, copyright infringement occurs when there is a violation of any of the exclusive
economic or moral rights granted to the copyright owner. It may also consist in aiding or abetting such
infringement.

The IP Code also provides for the liability of a person who at the time when copyright subsists in a work
has in his possession an article which he knows, or ought to know, to be an infringing copy of the work
for the following purposes:
 selling or letting for hire, or by way of trade offering or exposing for sale or hire, the article;
 distributing the article for the purpose of trade, or for any other purpose to an extent that will
prejudice the rights of the copyright owner in the work; or
 trade exhibit of the article in public.

What are the remedies available to an owner of a copyright against an infringer?

The copyright owner can file a criminal, civil or administrative action for copyright infringement. A
criminal case for copyright infringement must be filed in the court situated in the place where the
violation occurred.

What are the penalties provided by Philippine law for copyright infringement?

Under Philippine law, copyright infringement is punishable by the following:

1. Imprisonment of between 1 to 3 years and a fine of between 50,000 to 150,000 pesos for the first
offense.
2. Imprisonment of 3 years and 1 day to six years plus a fine of between 150,000 to 500,000 pesos
for the second offense.
3. Imprisonment of 6 years and 1 day to 9 years plus a fine ranging from 500,000 to 1,500,000
pesos for the third and subsequent offenses.
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Be Active (Exercises/Activities)
Instruction: Answer the following question.

1. What is copyright and what are the considered copyrightable works in the Philippines?

2. What works are not protected by copyright under Philippine law? Give at least 3 statements.

3. Is a copyright registration necessary to protect artistic or literary works?

4. Can the author or creator waive or transfer copyright?

5. What is the duration of copyright protection?

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Ignite (Evaluation)
Instruction: Create a 5 minutes video that promotes anti-plagiarism, the mechanics will be: message
encourages the youth to fight plagiarism of works, such as photography, artistic visual designs, academic
works, and others. The message should also inspire youth to create their own original work.

Note: This video will be posted through social media (Facebook)

IFL (Integration of Faith & Learning)

We know about Jesus because faithful men wrote down what He said. Now we can embrace those
comforting and challenging words in our own lives. Your ministry can have greater returns if you
extend it through social media.

References:
EDUCODE _ PowerPoint Lesson 1 Grade 12