MEDIA AND INFORMATION LITERACY (MIL)

LEGAL, ETHICAL, AND SOCIETAL ISSUES

IN MEDIA AND INFORMATION

INTELLECTUAL PROPERTY
FAIR USE AND CREATIVE COMMONS
WHAT IS INTELLECTUAL PROPERTY?

refers to creations of the mind,

such as inventions; literary and
INTELLECTUAL artistic works; designs; and
PROPERTY (IP) symbols, names and images
used in commerce

(Source: http://www.wipo.int/about-ip/en/)
INTELLECTUAL PROPERTY IS PROTECTED IN LAW
 WHAT ARE THE DIFFERENT TYPES OF
INTELLECTUAL PROPERTY?

TYPES OF Intellectual Property

COPYRIGHT PATENT TRADEMARKS

INDUSTRIAL GEOGRAPHICAL
DESIGN ORIGIN
 TYPES OF INTELLECTUAL PROPERTY

TYPES OF IP DEFINITION
1. Copyright • a legal term used to describe the rights that
creators have over their literary and artistic
works
• books, music, paintings, sculpture and films,
to computer programs, databases,
advertisements, maps and technical
drawings
COPYRIGHT
COPYRIGHT
 REPUBLIC ACT 8293
INTELLECTUAL PROPERTY CODE OF THE PHILIPPINES
COPYRIGHT VALIDITY PERIOD
LITERARY WORKS During the lifetime of the author plus 50
years after death
ART 25 years from the date of creation
PHOTOGRAPHIC 50 years from publication
WORK
AUDIO- VISUAL 50 years from publication
WORK
 REPUBLIC ACT 8293
INTELLECTUAL PROPERTY CODE OF THE PHILIPPINES
COPYRIGHT VALIDITY PERIOD
SOUND RECORDING 50 years from year recording took place
BROADCAST 20 years from date of broadcast
RECORDING
TRADEMARK Valid for 10 years and may be renewed for
a periods of 10 years
INVENTION PATENT Valid for 20 years from filing date
application
 CARTOON ANALYSIS

(Source: http://www.esa.int/About_Us/Law_at_ESA/Intellectual_Property_Rights/What_is_intellectual_property)
 TYPES OF INTELLECTUAL PROPERTY (IP)

IP DEFINITION
2. Patent • an exclusive right granted for an invention
• provides the patent owner with the right to
decide how - or whether - the invention can
be used by others
 DESIGN
PATENT
APPLICATIONS
THE FAMOUS GRAVITY-DEFYING LEAN OF
MICHAEL JACKSON
PATENT
THE SHOES THAT MADE MICHAEL JACKSON’S ANTI-
GRAVITY LEAN POSSIBLE
 TYPES OF INTELLECTUAL PROPERTY (IP)

IP DEFINITION
3. Trademarks • a sign capable of distinguishing the goods
or services of one enterprise from those of
other enterprises.
TRADEMARKS
 TRADEMARK INFRINGEMENT?

• TRADEMARK INFRINGEMENT IS THE UNAUTHORIZED USE OF A

TRADEMARK OR SERVICE MARK ON OR IN CONNECTION WITH
GOODS AND/OR SERVICES IN A MANNER THAT IS LIKELY TO
CAUSE CONFUSION, DECEPTION, OR MISTAKE ABOUT THE
SOURCE OF THE GOODS AND/OR SERVICES.
TRADEMARK INFRINGEMENT
 TRADEMARK INFRINGEMENT?

Mars sues Hershey for trademark infringement over MALTESER

brand
 TYPES OF INTELLECTUAL PROPERTY (IP)

IP DEFINITION
4. Industrial • constitutes the ornamental or aesthetic aspect of
Design an article
• may consist of three-dimensional features, such as
the shape or surface of an article, or of two-
dimensional features, such as patterns, lines or
color
INDUSTRIAL DESIGN
INDUSTRIAL DESIGN
INDUSTRIAL DESIGN
 DESIGN INFRINGEMENT?

• A DESIGN INFRINGEMENT IS WHERE A PERSON INFRINGES A

REGISTERED DESIGN DURING THE PERIOD OF REGISTRATION.
• THE DEFINITION OF A DESIGN INFRINGEMENT DIFFERS IN
EACH JURISDICTION BUT TYPICALLY ENCOMPASSES THE
PURPORTED USE AND MAKE OF THE DESIGN, AS WELL AS IF
THE DESIGN IS IMPORTED OR SOLD DURING REGISTRATION.
PATENT OR INDUSTRIAL DESIGN INFRINGEMENT?
 TYPES OF INTELLECTUAL PROPERTY (IP)
IP DEFINITION
5. • signs used on goods that have a specific
Geographical geographical origin and possess qualities, a
Indications reputation or characteristics that are
and essentially attributable to that place of
Appellations
of Origin
origin.
• most commonly includes the name of the
place of origin of the goods.
GEOGRAPHICAL INDICATIONS AND
APPELLATIONS OF ORIGIN
GEOGRAPHICAL INDICATIONS AND
APPELLATIONS OF ORIGIN
 FAIR USE
FAIR USE MEANS YOU CAN USE COPYRIGHTED
MATERIAL WITHOUT A LICENSE ONLY FOR
CERTAIN PURPOSES. THESE INCLUDE:
• COMMENTARY
• CRITICISM
• REPORTING
• RESEARCH
 FAIR USE

GUIDELINES FOR FAIR USE

• A MAJORITY OF THE CONTENT YOU
CREATE MUST BE YOUR OWN.
• GIVE CREDIT TO THE COPYRIGHT HOLDER.
• DON'T MAKE MONEY OFF OF THE
COPYRIGHTED WORK.
DIGITAL CITIZENSHIP, NETIQUETTE,
DIGITAL FOOTPRINTS
AND DIGITAL ISSUES IN THE
PHILIPPINES
WHAT IS DIGITAL CITIZENSHIP?
KEY PRINCIPLES WITH ELEMENTS OF DIGITAL CITIZENSHIP
WHAT IS NETIQUETTE?
 THE CORE RULES OF NETIQUETTE

• RULE 1: REMEMBER THE HUMAN.

• RULE 2: ADHERE TO THE SAME STANDARDS OF
BEHAVIOR ONLINE THAT YOU FOLLOW IN REAL LIFE.
• RULE 3: KNOW WHERE YOU ARE IN CYBERSPACE.
• RULE 4: RESPECT OTHER PEOPLE'S TIME AND
BANDWIDTH.
• RULE 5: MAKE YOURSELF LOOK GOOD ONLINE.
 THE CORE RULES OF NETIQUETTE
• RULE 6: SHARE EXPERT KNOWLEDGE.
• RULE 7: HELP KEEP FLAME WARS UNDER CONTROL.
• RULE 8: RESPECT OTHER PEOPLE'S PRIVACY.
• RULE 9: DON'T ABUSE YOUR POWER.
• RULE 10: BE FORGIVING OF OTHER PEOPLE'S
MISTAKES.