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
The reproduction of the code and translation of the forms of the computer program to achieve the inter-operability of an independently created computer program with other programs
An example of a Fair Use of Copyright Work
Decompilation
What Factors are to be Considered in Determining Fair Use of Copyrighted Material?
According to Sec. 185, RA 8293:
1. The purpose and character of the use, including whether such use is of a commercial nature or is for non-profit educational purposes;
- The nature of the copyrighted work;
- The amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
- The effect of the use upon the potential market for or value of the copyrighted work.
Can the Employer Demand as a Matter of Right the Source Code of the System Developed by His Programmer-Employee?
As a general rule yes, because he is the copyright owner of the source code (Sec. 178.3 (b)). This rule, however, admits of an exception, that is, when there is an agreement that the programmer-employee shall own the copyright of the source code.
If a person commissioned a programmer to design a system for him where there is NO employer-employee relationship, is the rule of copyright ownership the same?
If there is no employer-employee relationship, the person who commissioned the work shall have the ownership of the work, BUT the COPYRIGHT thereto shall remain with the creator, unless there is a written stipulation to the contrary (Sec 178.4 RA 8293).
Why are the rules of copyright different between an employer and an employee from a commissioner to a client?
When there is an employer-employee relationship, it is reasonable to presume that the relationship of the programmer and his employer is continuous, and thus there is the principle of shared responsibility between workers and employers.
On the other hand, where a work is commissioned, the above provisions do not apply considering that from the very start of the undertaking, both parties are aware of their temporary relationship.
However, the law allows a commissioner and a client to stipulate in their contract who will have the copyright ownership.
The Intellectual Property Code allows the lawful owner the reproduction of one (1) back up copy of a computer program without the authorization of the author of, or other owner of copyright: Provided, that the copy or adaptation is necessary for:
- The use of the computer program in conjunction with a computer for the purpose, and to the extent, for which the computer program has been obtained; and
- Archival purposes, and, for the replacement of the lawfully owned copy of the computer program is lost, destroyed or rendered unusable.
