First Integration Lecture:

Multi-Media Ethics & Copyright Law

Marlon Anthony R. Tonson,
Esq.

Outline
Multimedia & Ownership, Ethics &
Law
What is Intellectual Property?
What is Copyright, Other Related
Rights?

Multimedia & Ownership, Ethics &

Law
"Media", plural form of "medium"
Mass media, a.k.a. "the Press"
Purpose: to INFORM

Social media, e.g., Facebook,

Instagram, Twitter
Purpose: to SHARE
Differentiate from "Social Network"

Multimedia
Purpose: to INFORM, to CREATE

Multimedia & Ownership, Ethics &

Law
When
violated...
Who
enforces?
Covers what?
Mostly
about

Ethics

Law

"unethical"

Illegal

Society

State/Government

Morality

Legality

Character
of the individual

Liability
of the individual

What is Intellectual
Property?
Intellectual Creation: Mode of
Ownership

Copyright & Other Related Rights

CANNOT BE COPYRIGHTED
PER SE (Latin for by itself; Sec. 175)
WORKS OF GOVERNMENT (Sec. 176)
USEFUL ARTICLE (Sec. 171.10)

Copyright & Other Related Rights

PER SE CANNOT BE COPYRIGHTED
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 & 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 thereof.

Copyright & Other Related Rights

WORK OF GOVERNMENT CANNOT
BE COPYRIGHTED
No prior approval or conditions shall be
required for the use for any purpose of
statutes, rules & regulations, &
speeches, lectures, sermons, addresses, &
dissertations,
pronounced, read or rendered
in courts of justice, before administrative
agencies, in deliberative assemblies & in
meetings of public character.

Copyright & Other Related Rights

WORK OF GOVERNMENT CANNOT BE
COPYRIGHTED
But then: Prior approval of the government
agency or office wherein the work is created
shall be necessary for exploitation of such work
for profit.
Work here must not be statutes, rules & regulations,
speeches, lectures, sermons, addresses, &
dissertations

Such agency or office may, among other things,

impose as a condition the payment of royalties.

Copyright & Other Related Rights

USEFUL ARTICLE MAY (SOMETIMES!)
NOT BE COPYRIGHTED
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
A useful article has both copyrightable &
uncopyrightable features. A copyright may
protect any pictorial, graphic, or sculptural
authorship that can be identified separately
from the utilitarian aspects of an object.

Copyright & Other Related Rights

USEFUL ARTICLE MAY (SOMETIMES!) NOT
BE COPYRIGHTED
No copyright protection for the merely
utilitarian aspects of a design.
Examples: clothing, automobile bodies, furniture,
machinery, household appliances, dinnerware, &
lighting fixtures.

To keep patent and copyright separate by

preventing the use of copyright protection
as a "backdoor patent" on a functional
article that cannot be patented.

Moral Rights

Right of attribution
Right to make alterations
Right to the works integrity
Right to restrain the use of authors
name