Media and Information Literacy MODULE 13 14 WEEK 7

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Module 13-14: Intellectual

Property, Copyright and


Fair Use Guidelines

HAZEL MAE M. HERRERA, LPT


SUBJECT TEACHER

Ridgewood School of Caloocan, Inc.


31 L27, Acacia St., Rainbow 5, Ph.2 Bagumbong
Caloocan City

Days: 3 days

Expected date: March 21-23, 2022

This module was designed and written with you in mind. It is here to help you understand
what Intellectual property and its types. This module will also give you the background to help
ensure that we have appropriate information and resources about intellectual property and
copyrighted materials. The scope of this module permits it to be used in many different learning
situations. The language used recognizes the diverse vocabulary level of students. The lessons
are arranged to follow the standard sequence of the course.

This lesson will expand your knowledge of Intellectual Property and some of the
Legal, Ethical, and Societal Issues in Media and Information.

After going through this module, you are expected to:

a. define Intellectual property;


b. differentiate copyright and fair use;
c. identify the different Legal, Ethical, and Societal Issues in Media and
Information from the pictures given; and
d. cite practical situation when to apply your knowledge in intellectual property,
copyright, and fair use guidelines.

What is Intellectual Property?


Intellectual Property (IP) -refers to the creations of the mind, such as inventions; literary and
artistic works, designs and symbols, names, and images used in commerce.
-RA 8293 Intellectual Property Code of the The Philippines.
World Intellectual Property Organization (WIPO) - refers to creations of the mind, such as
inventions, literary and artistic works, designs and symbols, names, and images used in
commerce.

- is the global forum for intellectual property services,


policy, information, and cooperation.

- is the UN agency responsible for treaties involving


copyright, patent, and trademark laws. WIPO can be a force
for progressive change, helping the world consider public
interest and development needs.

Why are Intellectual Property Laws necessary?

-Intellectual laws are necessary. It protects creations; these laws and protections also boost
innovation by ensuring that those with profitable ideas are properly rewarded.

-Intellectual Property: A product of the intellect that has value. Intellectual property can be
intangible - like an idea. For example, if you came up with a great way of selling something you
could patent your idea.

Copyright is the legal right granted to a creator to make money from what they create. Items that
can be copyrighted are a form of intellectual property that is in a TANGIBLE form. For example,
if you create a song, that is intellectual property. However, before it can be protected by
copyright, it has to be in a tangible form. (Written down, recorded, etc.)

A copyright is a type of intellectual property protection extended to authors of original,


creative, fixed works that gives the owner exclusive rights to expressing the idea(s). It
protects written and artistic expressions. Examples include books, web sites, logos,
artwork, commercials, pictorial and sculptural works, photographs, drawings, graphic
designs. Copyright protects literary or artistic works = books, music, art, film, computer
programs, advertisements, maps.

There are examples of copyright-like art, literary/creative writing, academic writing,


photography, computer-generated images, videos, music.

A. Copyright Owner has the right to:

1. Make copies of their work.


2. Sell, publish, or distribute copies.
3. Prepare new works based on the original.

B. Requirements for Copyright Protection


1. Original: independently created by the author. It can be similar to other works; it can
be of any quality and created without copying from someone else.
2. Physical or fixed in a tangible medium: digital (computer, DVD, cell phone, tablet)
paper, magnetic tape (VCR, cassette).
3. Creative: copyright does not protect facts (historical, biographical, news, scientific).

C. Examples of Copyright Protection Limits

1. Published after 1977: the life of the author + 70 years.


2. Published between 1922 - 1978: 95 years after publication date.
3. Unpublished between 1922 - 1978: the life of the author + 70 years.

Plagiarism is an instance of using or closely imitating the


language and thoughts of another author without authorization;
the representation of that author's work as one's own, as by not
crediting the original.

Phishing is a cybercrime in which a target or targets are


contacted by email, telephone or a text message by someone
posing as a legitimate institution to lure individuals into
providing sensitive data such as personally identifiable
information, banking, and credit card details, and
passwords. The information is then used to access important
accounts and can result in identity theft and financial loss.

Fair use is a set of legal exceptions to copyright. Fair use allows


certain ways of using copyrighted material for educational
purposes. Fair use allows the reproduction of copyrighted works
for criticism, comment, news reporting, teaching, scholarship, and
research. Fair use supports scientific discovery and the sharing of
culture and ideas.

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.

Four Factors of Fair Use

1. The purpose of reproduction.


2. The nature of the original work.
3. What percentage of the original work is reproduced.
4. Any effect on the market (sales) potential of the original.
Basic Terminology/Concepts There are basic terms and concepts we need to be familiar with in
order to work with intellectual property and copyrighted material; and be on firm legal footing.
More detailed information about these items can be found using the resources cited at the end of
this guide.

Intellectual Property: The intangible value we place on original, creative work: the ideas
and concepts, and the physical things that represent that effort. Inventions, songs,
paintings, formulas, designs, and the models, recordings, products etc. that result from or
represent the creative effort.

Copyright, Trademark, Service Marks, Trade Secret, Patent: The property rights assigned
by law to protect intellectual property. Copyrights and patents are the most familiar, but
we see trademarks and service marks all around us, and the trade secret is often used as a
marketing device.

What Can Be Copyrighted? Fiction or non-fiction writings, photographs, drawings,


models, designs, software, formulas, performances and recordings of dramatic or musical
works - nearly any work of intellectual expression; as long as three conditions are met:
1.) It is original, 2.) It includes a degree of creativity, and 3.) It is in a fixed format. Facts,
data and other non-creative expression cannot be copyrighted- but the ‘expression’ of
those facts, in a chart or graph for example, may be.

The 4 Rights in Copyright, “All Rights Reserved’. Copyrights include: the right to
reproduce, distribute, display or perform the work in public, and the right to create
derivatives of the original work. Rights may be unbundled. ‘All rights reserved ‘means
just that.

Infringement, Contributory Infringement. An infringement is any action, deliberate or


unknowing, that violates the rights protected by copyright, without permission of the
owner. If your actions make it possible for someone else to infringe a copyright, you
could be charged with contributory infringement.

Who Owns the Rights? Typically, the author or creator alone owns the copyright. If
there are multiple authors they share the copyrights. Copyrights can be given away, sold
or negotiated as part of a contract.

Works Made for Hire. The employer owns all copyrightable or patentable works created
by employees within the scope of work defined for the job. Commissioned works, and
those commissioned as part of a collective work are works for hire. Written contracts and
agreements may stipulate the employer’s ownership of the work.

Term of Copyright. The law defines the period that copyright remains in effect. For
individual works, the term is for the life of the author plus 70 years. For works for hire,
the term lasts for 95 years from the first date of publication. As a good rule of thumb:
assume that any individual work created after 1923 and any commercial works published
after 1908 will still be under copyright.

Fixed Works. Works are not copyrightable until they are expressed in a format that is
tangible or accessible for others to read or use. Copyright is automatic upon ‘fixing the
work. Registration with the Copyright Office is not required.

Copyright Marks. The use of copyright marks: the symbol © or the long format -
Copyright 2004, John C. Jones are no longer required. The absence of copyright marks
does not mean the work is free to use.

Public Domain. Works in the public domain are free to for anyone to use without
limitation. Works go into public domain when: 1) The original copyright expires and has
not been renewed, or 2.) When the original author clearly designates the work for public
domain. Certain government works (but not all) also are designated for the public
domain. However- the published versions or editions of works in the public domain are
copyrighted. This caution is particularly important for works of fiction, art, music, etc.
REFRENCES
Computer Crimesaccessed November 24, 2020 https://www.freepik.com/free-vector/hacker-
groupcomposition-with-computer- crimes-headline-five-scammers-steal-
informationillustration_6870813.htm#position=2.

"Copyright Quiz" accessed November 24, 2020, https://www.slideshare.net/agillam27/copyright-


quiz19602968

Dr. Melanie Wiscount, Ed.D., Copyright, July 4,2012


file:https:///C:/Users/wishful/Downloads/copyrightscenariocases-120704162313-phpapp01.pdf

Dr. Melanie Wiscount, Ed.D., Copyright Scenario Cases, July 4,2012


https://www.slideshare.net/mwiscount/copyright-scenario-cases-13544278,July 4, 2012

"Hacker Group Composition with Computer Crimes Headline and Five Scammers Steal
Information Illustration | Free Vector." Freepik, February 11, 2020,

Herman Melville, Moby-Dick; or, The Whale (New York: Harper & Brothers, 1851), 627,
https://mel.hofstra.edu/moby-dick-the-whale-proofs.html.

KnowBe4. "Phishing | What Is Phishing?" Phishing General Phishing Information and


Prevention Tips, Accessed July 9, 2020, https://www.phishing.org/what-is-phishing.

Mark Jhon Qxillo, Legal, Ethical, and Societal Issues in Media and Information, July 30, 2017,
https://www.scribd.com/document/416030181/Lesson-Plan-SHS

"Media and Information Literacy" (First Edition), Zarate, Maria Jovita. Rex Bookstore, 2016.

Teaching Guide for SHS: Media and Information Literacy, CHED in collaboration with the PNU
Quezon City: 2016, electronic version. https://www.academia.edu/39154647/
Teaching_Guide_for_Senior_High_School_MEDIA_AND_INFORMATION_LITERACY_CO
RE_S UBJECT

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