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Intellectual

Property Rights
Ken Cruz
Ed Gamboa
Ram Santos
George Yap
Alan Cabije

Introduction

Definition of Terms
O Author - Anauthoris broadly defined as "the person

who originated or gave existence to anything" and


whose authorship determines responsibility for what
was created.
O Law/Republic Act- Lawis, generally, asystemof rules
which areenforced through social institutionsto
govern behaviour. Republic act_ Present
nomenclature of Philippine laws from 1987 to the
present.
O Plagiarism- Plagiarismis the "wrongful
appropriation" and "stealing and publication" of
anotherauthor's "language, thoughts, ideas, or
expressions" and the representation of them as one's
ownoriginal work.

Definition of Terms
O Copyright -is a legal right created by the law of a
country, that grants the creator of an original work
exclusiveto its use and distribution, usually for a
limited time, with the intention of enabling the creator
(e.g. the photographer of a photograph or the author of
a book) to receive compensation for their intellectual
effort.
O Intellectual Property (IP) - is a legal term that refers to
creations of the mind.
O Computer crime,orCybercrime - refers to any
crime that involves a computerand anetwork.
O Torrents -is acomputer filethat contains codesthat
allows your computer to access or download or share
other files from other computers.

What is Ethical Writing?

What is Ethical Writing?


O A general principle underlying ethical writing is the

notion that the written work of an author represents an


implicit contract between the author of that work and its
readers.
O The reader assumes that the author is the sole originator
of the written work, that any text or ideas borrowed from
others are clearly identified as such by established
scholarly conventions, and that the ideas conveyed
therein are accurately represented to the best of the
authors abilities.
O In sum, as Kolin (2002) points out, Ethical writing is
clear, accurate, fair, and honest.
O It also conveys to the reader that we strive for ethical
conduct as well as ethical practice.

What is Plagiarism?

O In addition to the meaning stated

earlier, plagiarism is "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."

What are the 2 forms of


Plagiarism?

What are the 2 forms of


Plagiarism?
O Plagiarism of Ideas
O Appropriating an idea (e.g., an
explanation, a theory, a conclusion, a
hypothesis, a metaphor) in whole or in
part, or with superficial modifications
without giving credit to its originator.
O Plagiarism of Text
O Copying a portion of text from another

source without giving credit to its author


and without enclosing the borrowed text
in quotation marks.

Intellectual Property

Examples of Intellectual
Property
O A: Literature (books, pamphlets, etc.)
O B: Periodicals (newspapers, tabloids,

magazines, etc.)
O C: Public speeches and other public
speaking works (speeches, lectures,
sermons, etc.)
O D: Letters
O E: Television or movie scripts,
choreography, and entertainment in
shows

O F: Musical works (lyrics, songs, song

arrangements, etc.)
O G: Art products (drawings, paintings.
sculptures, etc.)
O H: Ornamental designs and other forms of
applied art (not necessarily industrial
designs)
O I: Geographical, topographical, architectural,
and scientific works (maps, charts, plans,
etc.)
O J: Scientific and technical drawings

O K: Photographs and cinematographic works

made in a process similar to photography


O L: Audio-visual works and cinematographic
works made in a process similar to making
audio-visual works
O M: Pictures used in advertising (includes logos)
O N: Computer programs
O O: Other works not covered in classes A-N of a
literary, scholarly, scientific, or artistic nature
O P: Sound recordings
O Q: Broadcasts

Copyright Laws in the


Philippines and its Penalties

Copyright Laws in the


Philippines and its Penalties
O Intellectual Property Code of the

Philippines, RANo. 8293


O TheCybercrime Prevention Actof
2012, RA No. 10175

Intellectual Property Code of the


Philippines, RANo. 8293
O According to Section 217 of RA 8293, Any

person infringing any right secured by


provisions of Part IV (The Law on
Copyright) of this Act or aiding or abetting
such infringement shall be guilty of a crime
punishable by:
O (a) Imprisonment of one (1) year to three
(3) years plus a fine ranging from Fifty
thousand pesos (P50,000) to One hundred
fifty thousand pesos (P150,000) for the first
offense;

O (b) Imprisonment of three (3) years and

one (1) day to six (6) years plus a fine


ranging from One hundred fifty thousand
pesos (P150,000) to Five hundred thousand
pesos (P500,000) for the second offense;
O (c) Imprisonment of six (6) years and one
(1) day to nine (9) years plus a fine ranging
from five hundred thousand pesos
(P500,000) to one million five hundred
thousand pesos (P1,500,000) for the third
and subsequent offenses.

TheCybercrime Prevention Actof 2012, RA


No. 10175
O Under

theAnti-Camcording Law, any person who is


caught using or attempting to use an audiovisual
recording device to transmit or make a copy of any part
of a performance in an exhibition facility of any
cinematographic film or other audiovisual work will be
fined from P50,000 to P750, 000 face imprisonment of a
minimum six months and one day to six years and one
day.
O By this definition, mobile phones with built-in cameras,
which are so common nowadays, are included in the
purview of the law. Being able to send and receive
messages including MMS which contains video or audio
clips it falls squarely as a device capable of recording
and transmission of a audiovisual work.

Guidelines in avoiding
Plagiarism

Guidelines in avoiding
Plagiarism
O Guideline 1: An ethical writer ALWAYS

acknowledges the contributions of


others and the source of his/her ideas.
O Guideline 2: Any verbatim text taken
from another author must be enclosed in
quotation marks.
O Guideline 3: We must always
acknowledge every source that we use
in our writing; whether we paraphrase it,
summarize it, or enclose it quotations.

O Guideline 4: When we summarize,

we condense, in our own words, a


substantial amount of material into a
short paragraph or perhaps even into
a sentence.
O Guideline 5: Whether we are
paraphrasing or summarizing we
must always identify the source of
our information

Guidelines in avoiding
Plagiarism
O Guideline 6: When paraphrasing and/or summarizing

others work we must reproduce the exact meaning of


the other authors ideas or facts using our words and
sentence structure.
O Guideline 7: In order to make substantial modifications
to the original text that result in a proper paraphrase,
the author must have a thorough understanding of the
ideas and terminology being used.
O Guideline 8: A responsible writer has an ethical
responsibility to readers, and to the author/s from whom
s/he is borrowing, to respect others ideas and words, to
credit those from whom we borrow, and whenever
possible, to use ones own words when paraphrasing.

Guidelines in avoiding
Plagiarism
O Guideline 9: When in doubt as to whether a

concept or fact is common knowledge, provide


a citation.
O Guideline 10: Authors who submit a manuscript
for publication containing data, reviews,
conclusions, etc., that have already been 19
disseminated in some significant manner (e.g.,
published as an article in another journal,
presented at a conference, posted on the
internet) must clearly indicate to the editors
and readers the nature of the previous
dissemination.

Guidelines in avoiding
Plagiarism
O Guideline 11: Authors of complex studies should heed

the advice previously put forth by Angell & Relman


(1989). If the results of a single complex study are best
presented as a cohesive single whole, they should not
be partitioned into individual papers. Furthermore, if
there is any doubt as to whether a paper submitted for
publication represents fragmented data, authors
should enclose other papers (published or
unpublished) that might be part of the paper under
consideration (Kassirer & Angell, 1995). Similarly old
data that has been merely augmented with additional
data points and that is subsequently presented as a
new study is an equally serious ethical breach.

Guidelines in avoiding
Plagiarism
O Guideline 12: Because some

instances of plagiarism,
selfplagiarism, and even some
writing practices that might
otherwise be acceptable (e.g.,
extensive paraphrasing or quoting of
key elements of a book) can
constitute copyright infringement,
authors are strongly encouraged to
become familiar with basic elements
of copyright law.

O Guideline 13: While there are some

situations where text recycling is an


acceptable practice, it may not be so in
other situations. Authors are urged to
adhere to the spirit of ethical writing
and avoid reusing their own previously
published text, unless it is done in a
manner consistent with standard
scholarly conventions (e.g., by using of
quotations and proper paraphrasing).

PLAGIARISM
Just DONT Do It!