Module 5: Intellectual Creation Flashcards
A protected work must be an expression of what?
The human mind
The “manifestation of a human expression of thought”
A term used to describe works of the mind—such as art, books, films, formulas, inventions, music, and processes—that are distinct and owned or created by a single person or group.
Intellectual creation
Works excluded from protection
Purely natural phenomena (e.g., stones, plants, etc.)
A work can exist when:
Something new is designed from objects through human intervention.
(e.g., painting or a photograph of a plant, an object designed by human hands with a 3D printer)
The different modes of acquiring ownership provided by our civil code:
- Occupational;
- Law;
- Donation;
- Tradition;
- Intellectual Creation;
- Prescription and
- Succession.
Intellectual property is protected through these laws.
Together, these form a complex body of law that addresses the ownership of intellectual property
Copyright
Patent
Trade secret
Contains the most important provisions concerning ICT professionals including computer and electronic engineers with regards o legal aspects of computing.
The intellectual property code (RA 8293)
What is the difference between other laws that govern the use of technology such as the E-Commerce Law, Access Devices Regulation Act and the Cybercrime Law from the Intellectual Property Code?
Other technology laws generally contain the norms and proper usage of technologies and penalize those who shall disobey.
The IPC on the other hand, contains provisions which protect the rights of authors, investors, programmers, and other gifted citizens regarding their intellectual creations.
The exclusive right to distribute, display, perform, or reproduce an original work in copies or to prepare derivative works based on the work.
Copyright
Copyright protection is granted to whom?
The creators of original works of authorship in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device.
A violation of the rights secured by the owner of a copyright.
Copyright infringement
When does infringement occur?
When someone copies a substantial and material part of another’s copyrighted work without permission
The Eight possible categories of protected work
- Linguistic works
- Musical and sound works
- Works of art
- Technical or scientific works
- Buildings
- Works of applied art
- Photographs and films
- Websites, homepages and web pages
Allows portions of copy-righted materials to be used without permission under certain circumstances.
This was developed over the years as courts worked to maintain the balance copyright law tries to strike between protecting an author’s rights and enabling public access to copyrighted works.
Fair Use Doctrine
The concept that is key to understanding copyright protection
An idea cannot be copyrighted but the expression of an idea can