Unit VIII: Work and Property Rights Flashcards
Why people commit plagiarism?
Two Main Reasons
- Many people have little or no knowledge at all of intellectual property right.
- Some people are unaware that such right and such law exist.
- is a violation of intellectual honesty. It is both a form of cheating and is a form of
stealing. It is taking and presenting as one’s own, the ideas, writings, creations, or invention of another
Plagiarism
How to avoid plagiarism
- Paraphrase
- Cite
- Referencing
t refers to the exclusive right to published and sell the expression embodied in a literary, musical or artistic work, and of other works that involves original creative effort.
, copyrigh
which protects an inventor against the unauthorized production, use or sale of his
invention.
. Patent
which a word or symbol associated with the source of a particular product or service
and is legally protected to prevent its used in a manner lightly to confused the public about the
source.
. Trademark
The modern concept of copyright had its statutory beginnings in the ??
British copyright law of
1710 known as the Statute of Anne
which, for the first time, both recognized the author’s right to
protection statutorily, established a limited term of protection, after which, the work entered the
public domain
Statute of Anne
refers to a work which has been created by two or more natural persons of the
initiative and under the direction of another, with the understanding that it will be disclosed by the
latter under his own name, and that contributing natural persons will not be identified.
Collective Work
means works which, with the consent of the authors, are made available to the
public by wire or wireless means in such a way that public may access this works from a place
and time individually chosen by them-provided that, availability of such copies has been such as
to satisfy the reasonable requirements of the public having regard to the nature of the work
Published Works
Work that are Protected by the Copyright Law
- Books
- Pamphlets
- Articles and other writings or Scholarly work
- Lectures
- Sermons
- Addresses
- Dissertations and other research material
- Periodicals and newspapers
- Literary works
- Scientific works
- Artistic works in the literary and artistic domain
Copyrights/economic rights consists of the exclusive right to carry out authorized or prevent the following acts:
- Reproduction of the work or a substantial portion of the work.
- Dramatization, translation, adaptation, abridgement, arrangement or other transformation
of the work. - The first public distribution of the original and each copy of work by sale or other forms of
transfer of ownership. - Rental of the original or a copy of an audio visual or cinematographic work, a work
embodied in a sound recording, a computer program, a compilation of data and other
materials or a musical work in graphic form. - Public display of the original or a copy of the work.
- Public performance of the work for profit.
- Other communications to the public of the work.
Copyright as a Moral Right
- Require that the authorship of the works be attributed to him, in particular, the right that
his name, as far as practicable, be indicated in a prominent way on the copies and in
connection with the public use of his works. - Make alterations of his work prior to, or to withhold from publication.
- Object to any distortion, mutilation, or other modification of, or other derogatory action in
relation to his works which would be prejudicial to his honour or reputation. - Restrain the use of his name with respect to any work not of his own creation, or in
distorted version of his work.
Copyright and the Principle of Fair Use
- The recitation or performance of a work, once it has been made accessible to the public,
if done privately and free of charge or if made strictly for charitable and religious institutions
or society. - The making of quotations from a published work if they are compatible with fair use and
only to the extent justified for the purpose, including quotations from newspaper articles
and periodicals in the form of press summaries: Provided, that the source and the name of the author, if appearing on the work are mentioned. - The inclusion of a work in publication, broadcast, or other communication to the public,
sound recording, or film, if such, inclusion is made by way of illustration for teaching
purposes, and is compatible with the fair use: Provided, that the source and the name of
the author, if appearing in the work, are mentioned.
1st offense of copyright
1-3 yrs plus imprisonment
50k-150k fine
2nd offense of copyright
3 yrs and 1 day to 6 yr imprisonment
150k-500k fine
3rd offense of copyright
6 yrs and 1 day to 9 yrs imprisonment
500k-1,500,00 fine