Mary Queen M.

Ramones

BSA-2

PROBLEM I: Greg Tulfo, an accomplished writer and blogger, was hired by

Wattpad to write a weekly storyline for their company in exchange for P500 for
each story that was published. Later, Greg Tulfo was planning to include his
works in his own bibliography but Wattpad opposes it. Who owns the
Intellectual Property over the stories published - is it Wattpad or Greg Tulfo?

Wattpad will owns the Intellectual Property Rights of the stories published since
the work is the outcome or result of the execution of his regular assigned duties
wherein it is stated on Section 178.3 (b) Republic Act No. 8293 Intellectual
Property Code. Though it was created by Greg Tulfo, the author but, a work
created by an employee within the scope of his or her employment the copyright
belong to the employer or the wattpad.

PROBLEM II: Piccaso is a side-line painter staying in an apartment with his

roommate, Michael. He would just paint and leave his finished works lying
around the boarding house. One day, he saw one of his works - an abstract
painting - on display at an exhibit nearby. The operator said he purchased the
painting from Michael who represented himself as its painter and owner. When
confronted, Michael claimed ownership of its copyright since he had already
registered it in his name with the National Library as provided in the Intellectual
Property Code. Who owns the copyright to the painting? Explain.

Picasso owns the copyright since it was stated in section 178.1 of Intellectual
Property Rights that in the case of original literary and artistic works, copyright
shall belong to the author of the work. Also copyright registration is not necessary
to protect artistic or literary works since works are protected from the moment of
their creation. Aside from that, Michael violated the moral rights granted to the
copyright owner.

 
PROBLEM III: The students of HTC-GSC photocopied a book on intellectual
property of a certain Atty. DeLeon from the school library as they need the
contents to make their assignment. Naturally, they were not able to seek
permission from the author. Are they violating the copyright law?

 No, because it is under the Limitations Of Copyright Section 185. Fair Use of a
Copyrighted Work. - 185.1. 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. It
was determined the nature of the copyrighted work and the purpose and
character of the use work is fair use.

PROBLEM IV: The Sogo Hotel chain reproduces videotapes, distributes the
copies thereof to its hotels and makes them available to hotel guests for
viewing in the hotel guest rooms. No additional charge or fee is being collected
from the customers for this amenity.

Is the hotel liable for copyright infringement? Why or why not?

Under 178.5. In the case of audiovisual work, the copyright shall belong to the
producer, the author of the scenario, the composer of the music, the film
director, and the author of the work so adapted. However, subject to contrary or
other stipulations among the creators, the producer shall exercise the copyright
to an extent required for the exhibition of the work in any manner, except for the
right to collect performing license fees for the performance of musical
compositions, with or without words, which are incorporated into the work.
Therefore, Yes, Sogo hotel is liable for copyright infringement since they don’t
have any right to the video tape because they did not seek permission or consent
to the owner of the copyright.