A.

LEGAL ISSUES IN MEDIA AND INFORMATION LITERACY

INTELLECTUAL PROPERTY
Intellectual property refers to creations of the mind, such as inventions; literary and artistic works;
designs; symbols, names, and images used in commerce. It is protected in law by which enables
people to earn recognition or financial benefit from what they invent or create. For example,
patent, trademarks, copyright.
COPYRIGHT
Copyright is a form of intellectual property law that protects original works of creative expression.
It is a legal term used to describe the rights that creators have over their literary and artistic
works.
There are two types of rights under copyright:
1. Economic Rights - It is the right of the creator to derive financial reward from his works.
The creator can authorize or prohibit to
✓ its reproduction in various forms, such as printed publication or sound recording;
✓ its public performance, such as in a play or musical work;
✓ its recording, for example, in the form of compact discs or DVDs;
✓ its broadcasting, by radio, cable, or satellite;
✓ its translation into other languages; and
✓ its adaptation, such as a novel into a film screenplay.
2. Moral Rights - which protect the non-economic interests of the author.
✓ 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;
✓ To make any alterations of his work prior to, or to withhold it from publication;
✓ 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
✓ 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.
What is considered copyrightable works especially in the Philippines?
COPYRIGHT PROTECTED NOT COPYRIGHT PROTECTED
• Audiovisual works – TV shows, movies, and • Ideas
online videos • Facts
• Sound recording and musical compositions • Processes
• Written works – lectures, articles, and books • Names
• Visual works – paintings, posters, • Titles
advertisements • Short phrases (with certain
• Video games and computer software exceptions)
• Dramatic works, such as plays and musicals
(choreography)
Copyrightable works are protected from the moment of their creation. NO need to register to be
copyright protected.
COPYRIGHT INFRINGEMENT
It occurs when there is a violation of any of the exclusive economic or moral rights granted to the
copyright owner. Under Philippine law, copyright infringement is punishable.
Republic Act 8293 states that “an act prescribing the intellectual property code and establishing
the intellectual property office, providing for its powers and functions, and for other purposes.”

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 ▪ Imprisonment of between 1 to 3 years and a fine of between 50,000 to 150,000 pesos for the
first offense.
▪ 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.
▪ 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.
Example:
When someone writes a song they create a musical composition, which is a copyrighted
work. When somebody records themselves performing that composition they create a sound
recording, which is another copyrighted work. Including the sound recording in your video
requires permission from both copyright holders. Creating a new performance of the
composition requires permission from the copyright holder of the composition.
Tips Prevent Copyright Infringement In Social Media Specifically On Facebook
DON’T POST such content even if you the following:
▪ Bought or downloaded the content (ex: a song from iTunes)
▪ Recorded the content onto your own recording device (ex: a song playing in the background
during a party, concert, sporting event, wedding, etc.)
▪ Gave credit to the copyright owner
▪ Included a disclaimer that you didn’t intend to infringe copyright
▪ Didn’t intend to profit from it
▪ Modified the work or added your own original material to it
▪ Found the content available on the internet
▪ Saw that others posted the same content as well
▪ Think the use is a fair use

FAIR USE
It allows the reuse of copyright-protected material under certain circumstances without getting
permission from the copyright owner. Sec. 185 of RA 8293, which states, “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.)

Factors to determine if it is under fair use:

1. The purpose and character of the use, including whether such use is of a commercial nature
or is for nonprofit.
2. The nature of the copyrighted work.
3. The amount and substance of the portion used in relation to the copyrighted work as a whole.
4. The effect of the use upon the potential market for or value of the copyrighted work.

B. ETHICAL ISSUES IN MEDIA AND INFORMATION LITERACY

PLAGIARISM
▪ Copying or closely imitating the work of another author, composer, etc., while not permission
and with the intention of passing the results off as original work.
▪ Plagiarism occurs when a party attempts to pass someone else’s work or ideas off as their
own, without properly giving credit to the original source. Plagiarism, while not against the

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 law, is an ethical construct most commonly enforced by academic intuitions. Consequences
of academic plagiarism may range from receiving a failing grade all the way to the revocation
of a degree.

PLAGIARISM VS COPYRIGHT INFRINGEMENT

a. Plagiarism But Not Copyright Infringement:
A student copies a few sentences of a 20-page book illustrating and describing species of
birds to use in an article on evolution submitted for her high school newspaper but fails to
provide a citation or footnote explaining that the information came from the book. This student
may have committed plagiarism by not properly attributing the information and making it seem
like the information originated from the student. However, the student will most likely not be
found to have committed copyright infringement because such an inconsequential amount
was used in an educational setting in a manner that is unlikely to harm the author’s market
for the work that the use is likely fair use.
b. Copyright Infringement but Not Plagiarism:
This time, the high school student copies the entire bird species book that she includes in
several articles published in the paper, but she puts a citation at the bottom of each article
that includes the author’s name, the title of the book, and how the entire article is taken
directly from the book. While the student properly attributed the author and did not try to pass
the article off as her own work, she copied the entire work without permission, which likely
infringes the author’s rights under copyright law.
c. Both Plagiarism and Copyright Infringement:
A young writer, hoping to be published, copies line for line of a popular wizard book series.
The young writer sends the work to her publisher and says she wrote it. This author has
committed plagiarism by submitting someone else’s work as her own and, in addition, has
committed copyright infringement by copying someone else’s protected work without
permission.
C. ETHICAL ISSUES IN MEDIA AND INFORMATION LITERACY

DIGITAL DIVIDE
▪ Digital divide refers to the gap between demographics and regions that have access to trendy
info and technology, and people that do not or have restricted access. Before the late
twentieth century, the digital divide referred principally to the division between those with and
without phone access.
▪ The digital divide generally exists between those in cities and people in rural areas; between
the educated and the uneducated; between socioeconomic groups; and, globally, between
the more and less industrially developed nations. Even among populations with some access
to technology, the digital divide can be evident in the form of lower-performance computers,
lower-speed wireless connections, low-er-priced connections such as dial-up, and limited
access to subscription-based content.

Factors Influencing the Digital Divide

▪ Low literacy levels
▪ Low-income levels
▪ Lack of motivation on how to use technology.
▪ Lack of physical access to technology, digital illiteracy,
▪ Geographical restrictions

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 COMPUTER ADDICTION
▪ The excessive use of computers to the extent that it interferes with daily life. This excessive
use may for example interfere with work or sleep, result in problems with social interaction,
or affect mood, relationships, and thought processes.
▪ A disorder in which the individual turns to the Internet or plays computer games to change
moods, overcome anxiety, deal with depression, reduce isolation or loneliness, or distract
themselves from overwhelming problems. The elderly, as well as children and adolescents,
are particularly vulnerable because they may not realize the extent of their dependency. In
many instances, individuals with computer addiction may seek help for another condition,
such as depression, phobias, or other addictions.
▪ Types of Computer Addiction
▪ Offline Computer Addiction
▪ Online Computer Addiction
▪ Gaming Addiction
▪ Social Media Addiction

▪ The Effects of Computer Addiction on Students

▪ Reduced Academic Performance
▪ Constantly Feeling Guilt and Pressure
▪ Increased Chances of Anxiety and Depression
▪ Being Unable to Cope Up with the Everyday Tasks
▪ Constantly Procrastinating
▪ Feeling Isolated
CYBERBULLYING
▪ Bullying that takes place over digital devices like cell phones, computers, and tablets.
▪ It can occur through SMS, Text, and apps, or online in social media, forums, or gaming where
people can view, participate in, or share content.
▪ It includes sending, posting, or sharing negative, harmful, false, or mean content about
someone else.
▪ It can include sharing personal or private information about someone else causing
embarrassment or humiliation. Some cyberbullying crosses the line into unlawful or criminal
behavior.

Common Places Cyberbullying Occurs

• Social Media, such as Facebook, Instagram, Snapchat, and Twitter
• SMS (Short Message Service) also known as Text Message sent through devices
• Instant Message (via devices, email provider services, apps, and social media messaging
features)
• Email

NETIQUETTE
▪ NETIQUETTE refers to a collection of rules that governs what conduct is socially acceptable
in a web or digital scenario. It’s a social code of network communication. Netiquette is a set
of rules for behaving properly online. It represents the importance of correct manners and
behavior online. In general, netiquette is the set of skilled and social etiquettes practiced and
advocated in transmission over any electronic network. Common pointers embody being
courteous and precise and avoiding cyber-bullying.

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 ▪ Netiquette additionally dictates that users ought to adopt copyright laws and avoid over
victimization emoticons. It could be a short type of network rule or net rule. The word
netiquette could be a combination of ‘net’ (from the internet) and ‘etiquette’. It suggests
respecting alternative users’ views and displaying common courtesy once posting your views
to online discussion teams.
▪ Following netiquette helps enhance relationships with people you care about while also
protecting your professional reputation. Practicing online etiquette can even reduce
cyberbullying. Proper online information-sharing strategies are important to protecting other
people's privacy and safeguarding your sensitive information.

▪ 10 Basic Rules of Netiquette

(https://www.verywellmind.com/ten-rules-of-netiquette-22285)
1. Make Real People a Priority
2. Use Respectful Language
3. Share With Discretion
4. Don't Exclude Others
5. Choose Friends Wisely
6. Respect People's Privacy
7. Fact Check Before Reposting
8. Don't Spam
9. Respond to Emails and Texts Promptly
10. Update Online Information

"Do not do or say online what you would not do or say offline." Before posting a comment or
publishing a status update, ask yourself if you would feel comfortable saying the same thing
face-to-face to everyone who will see it. If not, don't post it. The same rule applies to images.
If you wouldn't print it out and pass it out to others, don't share it on your online platforms
either.

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