MODULE 7: LEGAL, ETHICAL, AND SOCIETAL ISSUES IN MEDIA AND INFORMATION

INTELLECTUAL PROPERTY IN INTERNATIONAL AND LAND CONTEXT

Intellectual property or IP
• Defined by the World Intellectual Property Organization (WIPO) is the 455“creation of mind, such as
inventions, literary and artistic works, design and symbols, names, and images used in commerce.”
➢ Laws are enacted to force respect and recognition toward the fruits of other people’s ingenuity.
➢ Inventions or creations are serving some benefits to users, thus, in the logic of commerce of business,
investors and creators should be properly compensated for their contribution.
World Intellectual Property Organization (WIPO)
• Is the “global forum for intellectual property services, policy, information, and cooperation.”
• In the Convention Establishing in The World Intellectual Property Organization signed at Stockholm
on 14 July 1967 and amended on 28 September 1979, it has been agreed among the state signatories
that the WIPO will “ responsible for the promotion and protection of intellectual property throughout the
world through cooperation among states and, where appropriate, in collaboration with other international
organizations, and for the administration of various treaties dealing with intellectual property rights”
WIPO has classified the forms of intellectual property
Terms Description Coverage

Copyright ❖ Legal term used to describe the rights ❖ Books ❖ computer

that creators have over their literary ❖ Music programs
and artistic works ❖ Paintings ❖ databases
❖ Sculptures ❖ advertisements
❖ films ❖ maps
❖ technical drawings
Patent ❖ provides the patient owner with the ❖ exclusive right granted for an
right to decide how, or whether, the invention
invention can be used by others in
exchange for this right. The patent
owner makes technical information
about the invention publicly available
in the published patent document
Trademark ❖ a sign capable of distinguishing goods ❖ Product sold or services offered by
or services of one enterprise from a business entity
those of other enterprises.
❖ Dates back to ancient times when
craftsmen used to put their signature
or “mark” on their products
Industrial design ❖ Constitute the ornamental or aesthetic ❖ Design of an object (shape or
aspect of an article/object surface, patterns, lines, or colors)
Geographical ❖ Sign used on goods that have a ❖ The name of the place of origin of
Indication and specific geographical origin and the goods/products
Appellation of origin possess qualities, a reputation or
characteristics that are essentially
attributable to that place of origin

Copyright
• It is mainly the protection of one’s expressions which only becomes tangible and concrete when
objects are created as manifestation of these expression.
• Does not cover “ideas, procedures, methods of operation or mathematical concepts” because no one
person or institution can claim sole ownership of these. Sufficient authorship must exist for these to be
covered by copyright. Even tittles, slogans, or logos may or may not have copyright.

• According to WIPO, laws do not normally have a complete list of all the works protected by copyright, thus,
it would serve more practical to be familiar with the broader list of those commonly protected.
• Literary works such as novels, poems, plays, reference works, newspaper articles
• Computer programs, database
• Films, musical compositions, and choreographies
• Artistic works such as paintings, drawings, photographs, and sculptures
• Advertisements, maps, and technical drawings

Two types of rights under a copyright law

1. Economic rights
• or the rights of an owner/author to be properly compensated financially upon his nor her
permission for the work to be used by another.
2. Moral rights
• Or the rights to non-economic interest of the author.
• To protect his or her economic rights, an author has the discretion to limit or prohibit the use of the work in
terms of the following:
• Reproduction in various forms, such as printed publication or sound recording
• Public performance, such as in a play or musical work
• Recording, for example, in the form of compact discs, or DVDs
• Broadcasting by radio, capable, or satellite
• Translation into other languages
• Adaptation such as a novel into a film screenplay
An author ‘s moral rights pertain to his “rights to claim authorship of a work and the right to opposes changes to
a work that could harm the (his) reputation.
Registering copyright
• Majority of the state signatories of WIPO adhere to the Berne Convention that provides automatic
copyright protection. As for most countries, including Philippines, there is as system for voluntary
registration of works. Such system “ help to solve disputes over ownership or creation, as well as
facilitate financial transactions, sales, and the assignments and/or transfer of rights.
The Intellectual Property Law of the Philippines
The Philippines, as a State signatory in the Convention Establishing the World Intellectual Property
Organization, is duty-bound to pass a law on intellectual property protection. Thus, the enactment of Republic
Act 8293, otherwise known as "The Intellectual Property Code of 1997."
• According to this piece of legislation, intellectual property rights consist of
1. Copyright and related rights;
2. Trademarks and service marks;
3. Geographic indications;
4. Industrial designs;
5. Patents;
6. Layout-designs (Topographies) of integrated circuits; and
7. Protection of undisclosed information. As you can see, these are all adhering to the broader classifications
of IP provided by WIPO.
• The Philippine IP Law has provisions on copyright and are found on the fourth part of the law. Chapter I of
the law provides the legal definitions of terms related to copyright. Here are a few of the terms indicated in
RA 8293 which you may find helpful in your understanding of copyright and intellectual property.
Terms Related to Copyright

Term Definition
Author • The natural person who has created the work
Collective work • A work which has been created by two (2) or
more natural persons at the initiative and under
the direction of another with the understanding
that it will be disclosed by the latter under his
own name and that contributing natural persons
will not be identified
Communication to the public or • The making of a work available to the public by
wire or wireless means in such a way that
communicate to the public
members of the public may access these works
from a place and time individually chosen by
them
Public lending • The transfer of possession of the original or a
copy of a work or sound recording for a limited
period, for non- profit purposes, by an institution;
the services of which are available to the public.
such as public library or archive
Public performance • In the case of a work other than an audiovisual
work, is the recitation, playing, dancing, acting or
otherwise performing the work, either directly or
by means of any device or process

• In the case of an audio-visual work, the showing

of its images in sequence and the making of the
sounds accompanying it audible

• In the case of a sound recording, making the

recorded sounds audible at a place or at places
 where persons outside the normal circle of a
family and that family's closest social
acquaintances are or can be present, irrespective
of whether they are or can be present at the same
place and at the same time, or at different places
and/or at different times, and where the
performance can be perceived without the need
for communication within the meaning of
subsection 171.3
Published works • Works, which, with the consent of the authors,
are made available to the public by wire or
wireless means in such a way that members
of the public may access these works from a
place and time individually chosen by them:

• Provided. That availability of such copies has

been such, as to satisfy the reasonable
requirements of the public, having regard to
the nature of the work
Rental • The transfer of the possession of the original
or a copy of a work or a sound recording for a
limited period of time, for profit-making
purposes
reproduction • The making of one (1) or more copies of a
work or a sound recording in any manner or
form (Sec. 41 (E), P.D. No. 49 a)
Work of applied art • An artistic creation with utilitarian functions or
incorporated in a useful article, whether made
by hand or produced on an industrial scale
Work of the Government of the Philippines • A work created by an officer or employee of
the Philippine Government or any of its
subdivisions and instrumentalities, including
government-owned or controlled corporations
as a part of his regularly prescribed official
duties

Copyright Protected Works

Under Philippine copyright, both original works and derivative works are protected. Original works are those
that are literary or artistic in nature which include the following:
• Books, pamphlets, articles, and other writings
• Periodicals and newspapers
• Lectures, sermons, addresses, dissertations prepared for oral delivery, whether or not reduced in
writing or other material form
• Letters
• Dramatic or dramatico-musical compositions; choreographic works or entertain- ment in dumb shows
• Musical compositions, with or without words
• Works of drawing, painting, architecture, sculpture, engraving, lithography or other works of art; models
or designs for works of art
• Original ornamental designs or models for articles of manufacture, whether or not registrable as an
industrial design, and other works of applied art
• Illustrations, maps, plans, sketches, charts and three-dimensional works relative to geography,
topography, architecture or science
• Drawings or plastic works of a scientific or technical character Photographic works including works
produced by a process analogous to photography; lantern slides
• Audiovisual works and cinematographic works and works produced by a process analogous to
cinematography or any process for making audio-visual recordings; Pictorial illustrations and
advertisements
• Computer programs
• Other literary, scholarly, scientific and artistic works

➢ Works "by the sole fact of their creation, irrespective of their mode or form of expression, as well as of their
content, quality and purpose (Sec. 2, P.D. No. 49a)" are also protected.
Derivative works, on the other hand, refer to:
• Dramatizations, translations, adaptations, abridgments, arrangements, and other alterations of literary
or artistic works
• Collections of literary, scholarly or artistic works, and compilations of data and other materials which are
original by reason of the selection or coordination or arrangement of their contents. (Sec. 2, [P] and [Q],
P.D. No. 49)
➢ Publishers own copyright limited to the right of reproduction of the typographical arrangement of the
published edition of the work.

Works Not Protected

There are also works that are not covered by copyright due to insufficient authorship or due to the work
being of importance to public interest.
1. Unprotected Subject Matter
▪ any 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
▪ news of the day and other miscellaneous facts having the character of mere items of press
information
▪ any official text of a legislative, administrative or legal nature, as well as any official translation

2. Works of the Government

• any purpose of statutes, rules and regulations, and speeches, lectures, sermons, addresses, and
dissertations, pronounced, read or rendered in courts of justice, be- fore administrative agencies, in
deliberative assemblies and in meetings of public character. (Sec. 9, first par., P.D. No. 49)
The Use of Fair Use
• The IP law of the Philippines specifies certain limitations or exceptions to copyright including a
provision also referred to as fair use or fair dealing clause.
• Fair use limits the rights of holders who are entitled to reproduce works for a limited time period.
• The rationale of fair use is to "guarantee a breathing space for new expression within the confines of
Copyright Law." In other words, if copyright holders have complete control of their works, information
may be constrained and restrained from ever reaching a wider audience.
As much as copyright protects the interests of the producers of a work for economic and moral reasons, it is
also important to make the works a little more accessible to the public. The expiration of a copyright term
empowers the general public to have unlimited access and use of the work as it has become part of the "public
domain." Anything that is within the realms of the public domain cannot owned by anyone and has no copyright
coverage. So what works are covered by fair use? When the work is
• a criticism or a commentary;
• a parody:
• a news report;
• an artistic expression or artifact;
• scholarly and research works;
• a product of a time-shifting device such as a TV program recorder; or an information found through
Web search engines;
it becomes available for unlimited use by the public provided that
• its use is based on a factual and historical news event;
• its use is "transformative";
• it is only a small portion of the work and the purpose is a commentary;
• it is used solely for the purpose of scholarly analysis; and it is not infringing and does not hurt the
market value of the copyrighted material.
Legal Sharing using Creative Commons
• Apart from invoking fair use, licenses provided by Creative Commons (a nonprofit licensing
organization) can enable the legal sharing and use of works.
• Creative Common licenses enable copyright holders to easily change terms of copyright "from the
default of all rights reserved to some rights reserved."
• According to Creative Commons "licenses are not an alternative to copyright... [they] work alongside
copyright" to modify the copyright terms to best suit the need of the copyright holder.
• A Creative Commons license can "give people the right to share, use, and even build upon a [created]
work" (e.g., automatic permission for noncommercial use of a work) as well as protect users against
threat of copyright infringement with the condition that these users abide by the conditions specified by
the owner or holder of the copyright.
• Creative Commons has opened opportunities for universal access through "a free, public, and
standardized infrastructure" of sharing content and information within the bounds of free flow of
information and protection of copyright.
Flame Wars

• Information is a valuable intellectual commodity; thus, you are expected to consume information as
responsibly as possible. Part of the responsible use of information is the maintenance of appropriate
behavior in the production, consumption, and sharing of information. In this day and age of the Internet,
even the exchange of subjective and objective information calls for the observation of such propriety.
• Known among Internet users (or netizens) is the term flamer defined as someone who knowingly attacks
other netizens, or expresses in aggressive manner his opinion on controversial issues.
To widen your online vocabulary, you may check the following terms on the Internet:
1. Flame 2. Flame War 3. Troll 4. Flaming

Taxonomy of Online Discussion Archetypes

• A certain Web illustrator named Mike Reed has come up with a list of online discussion archetypes known
to cyber communities as Flame Warriors. This list is a product of a long period of exposure to the
dynamics that exist among participants of online discussions. What Reed provides is not a formal list of
these archetypes, but rather a self-made "compendium of the different species of virtual combatant that
inhabit today's online forums, mailing lists and other communities." Throughout the years, netizens have
added more categories in the list.
Responsible Netizenship
Becoming a flame warrior can be an indication of one's failure to be a responsible netizen. Like any
other social activity, an online discussion group typically requires its members or participants to abide by rules
of acceptable behavior. Flame warriors are not necessarily consciously violating these rules but instead they
might, in certain occasions, only be too emotional or opinionated in expressing their thoughts. They may often
fail to display good netiquette.
Netiquette refers to observing proper etiquette as you engage in activities over the Internet. It is
contrary to what Flame Warriors display. Online discussion members who adhere to rules of netiquette have
high respect for the views and opinions of other members and have high regard for courtesy.
Core Rules of Netiquette

Virginia Shea, author of a book titled Netiquette, has these following core principles for observing
proper Internet etiquette:

1. The virtual world does not dismiss the fact that you are talking to another human
2. being who is entitled to his or her feelings. 2. Behavior does not necessarily have to change when you
are online. The same set of expectations when it comes to attitude and behavior still apply. Give other
people their due.
3. Online users are using the same space and are also utilizing bandwidth. You can show some respect
by refraining maligning this space and bandwidth.
4. In the online world, impression is everything since people can take any identity. It is important to create
good impression and maintain a respectable stature.
5. 5. Share only knowledge that matters. Do not share knowledge that may not be productive or that may
jeopardize others.
6. Do not provoke or attack others. This way, you help avoid flame wars.
7. Privacy is a natural human right. Utmost respect of this right should always be observed.
8. Great power comes with great responsibility. Yield your power over the Internet wisely.
9. Nobody is perfect. Learn to admit your mistakes and forgive errant netizens.
Alternatively, others suggest the following rules:
1. Avoid attacking the personhood of another online user.
2. Do not post multiple versions of the same message. Spamming is disrespectful of other's space and
bandwidth.
3. Observe clear language when expressing your thoughts to avoid misinterpretation that may lead to
misunderstanding.
4. Think before you click. Information over the Internet move so fast that you barely have control over those
you posted by mistake. Posts are public and may be kept even when you have deleted them.
5. Do not veer away from the topic especially in forums that talk about certain topics. Being off-topic is not just
annoying but also impolite, intrusive, and disruptive.
6. Use common sense. Do not ask for something you are capable of doing by yourself. When asking for help
with other online users, it is common courtesy to provide a much details as you can to spare them the trouble
of providing for information you already know.
7. If it is not your own idea, cite the source. Respect intellectual property.
8. Follow rules and policies as imposed by moderators in forums or discussion boards.
Presenting Yourself and Managing Impressions
The tagline. “Think before you click” just about summarizes the campaign.
• It simply means that before you post anything on the Web, you have to think through the repercussions
of sharing that information. And if the information is meant to be kept private or away from the prying
eyes of the public, you have to make sure that you keep this information as secure as possible or not
produce the information at all, if necessary.
Cyberbullying
• cyberbullying has been one of the worst kinds of flaming activities because even innocent people are
victimized by this.
• Cyberbullying is a type of offensive action toward another which takes place using electronic
technology. This is a phenomenon that can trigger traumatic experiences and can be worse than
physical bullying since cyberbullying can happen anytime of the day.
• Cyberbullies anonymously post hateful and mean messages and images and can reach other people
very quickly.
• Excluding people from online conversations in bad faith, invading their privacy, or mocking them
through offensive Web sites are other instances of cyberbullying.
Internet Addiction
• The Internet has introduced a whole new experience to human civilization. You, being part of the
Information Age, perhaps, have grown overly reliant on the Internet for almost everything. But excessive
use of online media can interfere with certain mechanisms that keep flame wars and cyberbullying at
bay.
According to an article at HealthGuide.org, internet addiction, "otherwise known as computer
addiction, online addiction, or Internet addiction disorder (IAD) is an impulse- control problem." It can take the
form of any of the following:
• Cybersex addiction
▪ compulsive use of Internet pornography, adult chat rooms, or adult fantasy role-play sites
impacting negatively on real-life intimate relationships.
• Cyber-relationship addiction
▪ addiction to social networking, chat rooms, texting, and messaging to the point where virtual,
online friends become more important than real-life relationships with family and friends.
• Net compulsions
▪ such as compulsive online gaming, gambling, stock trading, or compulsive use of online auction
sites often resulting in financial and job-related problems.
• Information overload
▪ compulsive web surfing or database searching, leading to lower work productivity and less
social interaction with family and friends.
• Computer addiction
▪ obsessive playing of off-line computer games or obsessive computer programming.
The most common of these Internet addictions are cybersex, online gambling, and cyber-
relationship addiction.
Internet addiction is often triggered by factors such as stress, anxiety, depression, some other
forms of addiction, lack of social support, inactivity, and unhappiness.
Some of the signs and symptoms of Internet addiction, or computer addiction, that can be observed may be
the following:
• Being less conscious of the time sent online or with gadgets that enable Internet access
• Failing to complete tasks or activities intended to be finished at the time you were using the Internet
• Having less time with friends and family
• Lack of remorse for your excessive Internet use
• Feeling more excited with Internet activities rather than physical activities

Stealing or Borrowing?
• When the first situation happens, the person committed a grave sin in scholarship which is called
plagiarism.
• The American Association of University Professors defined plagiarism as “taking over the ideas,
methods, or written words of another, without acknowledgment and with the intention that they be
taken as the work of the deceiver.”
• Simply put, plagiarism is when you use others' ideas or words without informing your
readers/audience of the origin of the information.
• Plagiarism is often committed largely because of not knowing what it is and of failing to respect other
people's right over their work.
According to Ballenger (2009), plagiarism persists "because of that awkward feeling of reading someone
else's words and having to make a concerted effort to understand what they mean, and then finding your own
words to restate the ideas." Some people find plagiarizing a work tempting because they might have a difficult
time understanding the language of the work. It may also be the case that the author of the work writes beautifully
that it seems the material couldn't be said any better.
But plagiarism is a tricky business. Institutions differ in the way they perceive the concept of plagiarism.
Types of Plagiarism

The ghost writer • The writer turns in another's work, word-

for-word, as his or her own.
The photocopy • The writer copies significant portions of
text straight from a single source, without
alteration.
The potluck • The writer tries to disguise plagiarism by
paper copying from several different sources,
Sources not
tweaking the sentences to make them fit
cited together while retaining most of the
original phrasing.
The poor • Although the writer has retained the
disguise essential content of the source, he or she
has altered the paper's appearance
slightly by changing key words and
phrases.
The labor of • The writer takes the time to paraphrase
laziness most of the paper from other sources and
make it all fit together, instead of spending
the same effort on original work.
The self-stealer • The writer "borrows" generously from his
or her previous work, violating policies
concerning the expectation of originality
adopted by most academic institutions.
The forgotten • The writer mentions an author's name for
footnote a source, but neglects to include specific
information on the location of the material
referenced. This often masks other forms
of plagiarism by obscuring source
locations.
Misinformer • The writer provides inaccurate information
regarding the sources, making it
Sources impossible to find them.
cited The too-perfect • The writer properly cites a source, but
paraphrase neglects to put in quotation marks text
that has been copied word-for-word, or
close to it. Although attributing the basic
ideas to the source, the writer is falsely
claiming original presentation and
interpretation of the information.
The resourceful • The writer properly cites all sources,
citer paraphrasing and using quotations
appropriately. The catch? The paper
contains almost no original work! It is
sometimes difficult to spot this form of
plagiarism because it looks like any other
well-researched document.
The perfect crime • [T]he writer properly quotes and cites
sources in some places, but goes on to
paraphrase other arguments from those
sources without citation. This way, the
writer tries to pass off the paraphrased
material as his or her own analysis of the
cited material.
 • . Teodoro and De Jesus (2007) argued that recognizing and promoting the basic human values guide
ethical journalism. Because journalism is a practice that entails management and sharing of information, it
is safe for you to adopt these values in your own handling of information in your daily life.
Basic Human Values

Truth-telling • Demands both factual and contextual accuracy (requires

practitioner to check and recheck information by including the
capacity to anticipate possibilities of error, as well as alertness to
questionable or biased information)
Justice • Fairness in the presentation of all sides of a given issue
Freedom • Not limited to the absence of government control or regulation; a
necessary condition for the discharge of the information function
humaneness • keeping the names of crime victims, women, and minors
Stewardship • Journalists become responsible stewards of the media when they
value and observe the basic responsibilities of their craft

ESSENTIAL LEARNING
Media and information literate individuals have high regard for the law and ethics of information
production, consumption, and sharing. Intellectual property right is a guarantee for the protection of the
product of the mind. IP is a valuable concept because it is where respect and recognition toward the
work of creators and inventors emanate. Copyright is a specific kind of protection for works that are
expressions of human creativity. Fair use, on the other hand, is a limitation to the rights of holders
entitled to reproduce works for a limited period. Fair use makes sure that a wider audience may benefit
from a work when its copyright has expired. A Creative Commons license is another leeway for greater
access to information within the bounds of agreed terms on a copyright.
Information is a valuable resource, thus, the legal and ethical use of it is imperative. Activities
such as flaming and cyberbullying are indications of a breakdown of responsible netizenship. Abiding
by the rules of acceptable behavior over the Internet can reduce your tendency to engage in flame wars
or cyberbullying.
Netiquette is a courtesy accorded to other online participant. When you adhere to proper
netiquette, it means you have high respect for the views and opinions of other netizens. It also means
that you are responsible enough to anticipate the consequences of your actions, most especially in the
aspect of information handling.
Some other issues that contend the use of media and information are the excessive use of the
Internet (computer addiction), and failure to recognize rules of attribution (plagiarism).
Having a high regard for the ethical and legal use of media and information is not as easy as it
seems. But once you hurdle the challenges and exploit the opportunities, you can harness the power
of media and information to benefit yourself and others.