Media and Information Literacy (MIL) Legal, Ethical, and Societal Issues in Media and Information (Part 1)
Topics:
1. Intellectual Property in International
and Local Context
2. Fair Use and Creative Commons
LEARNING COMPETENCIES:
1. explain intellectual property and its different types (SSHS);
2. explain copyright, fair use, etc.vis-a-vis human rights (MIL11/12LESI-IIIg20);
3. discuss current issues related to copyright vis-à-vis gov’t./provide sectors actions (MIL11/12LESI-IIIg21);
4. put into practice their understanding of the intellectual property, copy right, and fair use guidelines (MIL11/12LESI-IIIg17); and
5. explain actions to promote ethical use of media and information (MIL11/12LESI-IIIg22);
Media and Information Literacy (MIL) - Intellectual Property, Fair Use, and Creative Commons
1. MEDIA AND INFORMATION LITERACY (MIL)
LEGAL, ETHICAL, AND SOCIETAL ISSUES
IN MEDIA AND INFORMATION (PART 1)
INTELLECTUAL PROPERTY
FAIR USE AND CREATIVE COMMONS
Mr. Arniel Ping
St. Stephen’s High School
Manila, Philippines
MIL PPT 16
Updated: June 11, 2017
2. LEARNING COMPETENCIES
Learners will be able to…
define intellectual property (SSHS);
identify and explain the different types of intellectual
property (SSHS);
explain copyright, fair use, etc.vis-a-vis human rights
(MIL11/12LESI-IIIg20);
discuss current issues related to copyright vis-à-vis
gov’t./provide sectors actions (MIL11/12LESI-IIIg21);
3. LEARNING COMPETENCIES
Learners will be able to…
put into practice their understanding of the
intellectual property, copy right, and fair use
guidelines (MIL11/12LESI-IIIg17); and
explain actions to promote ethical use of media
and information (MIL11/12LESI-IIIg22);
4. TOPIC OUTLINE
I- Legal, Ethical, and Societal Issues in media and Information
(Part 1)
A. Current Events: Digital Piracy in the Philippines
B. Intellectual Property in International and Local Context
1. Definition of IP
2. Types of IP
3. IP Rights (WIPO and R.A. 8293)
B. Fair Use (Fair Dealings) and Creative Commons
5. CURRENT EVENTS 1
UB: Mahigit P100-M halaga ng pirated DVD,
nakumpiska sa Quiapo, Manila
(Aug. 2, 2016). GMA News and Public Affairs. YouTube.
Retrieved on Oct 5, 2016, from
https://www.youtube.com/watch?v=bABC_7wOI5g
6. CURRENT EVENTS 2
BT: Suspek sa Pamimirata ng mga Pelikula at TV
Series, Arestado
(Oct. 3, 2016). GMA News and Public Affairs. YouTube.
Retrieved on Oct 4, 2016, from
https://www.youtube.com/watch?v=BaALtvPAUnA
7. WHY IS DIGITAL PIRACY A CRIME?
(Source: www.quickmeme.com and www.imgflip.com)
8. WHAT IS INTELLECTUAL PROPERTY?
INTELLECTUAL
PROPERTY (IP)
refers to creations of the
mind, such as inventions;
literary and artistic works;
designs; and symbols, names
and images used in
commerce
(Source: http://www.wipo.int/about-ip/en/)
10. WHAT ARE THE DIFFERENT TYPES OF
INTELLECTUAL PROPERTY?
11. WHAT ARE THE DIFFERENT TYPES OF
INTELLECTUAL PROPERTY?
TYPES OF IP
COPYRIGHT PATENT TRADEMARKS
INDUSTRIAL
DESIGN
GEOGRAPHICAL
ORIGIN
12. TYPES OF INTELLECTUAL PROPERTY
TYPES OF IP DEFINITION
1. Copyright • a legal term used to describe the rights
that creators have over their literary and
artistic works
• books, music, paintings, sculpture and
films, to computer programs, databases,
advertisements, maps and technical
drawings
15. VIDEO PRESENTATION
The Creative Industry: Artists' Intellectual Property Rights.
(2012). cictcreativecontent's channel. YouTube.
Retrieved September 19, 2016, from
https://www.youtube.com/watch?v=jA6q-jgyhgc
16. REPUBLIC ACT 8293
INTELLECTUAL PROPERTY CODE OF THE PHILIPPINES
COPYRIGHT VALIDITY PERIOD
LITERARY WORKS During the lifetime of the author plus 50
years after death
ART 25 years from the date of creation
PHOTOGRAPHIC
WORK
50 years from publication
AUDIO- VISUAL
WORK
50 years from publication
17. REPUBLIC ACT 8293
INTELLECTUAL PROPERTY CODE OF THE PHILIPPINES
COPYRIGHT VALIDITY PERIOD
SOUND RECORDING 50 years from year recording took place
BROADCAST
RECORDING
20 years from date of broadcast
TRADEMARK Valid for 10 years and may be renewed
for a periods of 10 years
INVENTION PATENT Valid for 20 years from filing date
application
19. TYPES OF INTELLECTUAL PROPERTY (IP)
IP DEFINITION
2. Patent • an exclusive right granted for an
invention
• provides the patent owner with the right
to decide how - or whether - the
invention can be used by others
24. THE SHOES THAT MADE MICHAEL JACKSON’S ANTI-
GRAVITY LEAN POSSIBLE
25. TYPES OF INTELLECTUAL PROPERTY (IP)
IP DEFINITION
3. Trademarks • a sign capable of distinguishing the
goods or services of one enterprise from
those of other enterprises.
29. TYPES OF INTELLECTUAL PROPERTY (IP)
IP DEFINITION
4. Industrial
Design
• constitutes the ornamental or aesthetic
aspect of an article
• may consist of three-dimensional
features, such as the shape or surface of
an article, or of two-dimensional features,
such as patterns, lines or color
35. TYPES OF INTELLECTUAL PROPERTY (IP)
IP DEFINITION
5.
Indications
and
Appellations
of Origin
• signs used on goods that have a specific
geographical origin and possess qualities,
a reputation or characteristics that are
essentially attributable to that place of
origin
• most commonly includes the name of the
place of origin of the goods.
38. VIDEO PRESENTATION: FAIR USE
Copyright and Fair Use Animation
.(2014). Common Sense Education. YouTube.
Retrieved September 19, 2016, from
https://www.youtube.com/watch?v=suMza6Q8J08
39. FAIR USE
Fair use means you can use copyrighted
material without a license only for certain
purposes. These include:
Commentary
Criticism
Reporting
Research
Teaching
40. FAIR USE
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.
41. VIDEO PRESENTATION: CREATIVE COMMONS
Creative Commons & Copyright Info
.(2012).Lifestyle & Living. YouTube.
Retrieved September 19, 2016, from
https://www.youtube.com/watch?v=8YkbeycRa2A
42. CREATIVE COMMONS
is an American non-profit organization
devoted to expanding the range of
creative works available for others to build
upon legally and to share. The
organization has released several
copyright-licenses known as Creative
Commons licenses free of charge to the
public.
Website
https://creativecommons.org/about/
43. CREATIVE COMMONS
Attribution: You must credit the creator.
Non-Commercial: You can't make a profit.
No Derivative Works: You can't change the
content.
Share Alike: You can change the content,
but you have to let other people use your
new work with the same license as the
original.
47. CLASS ACTIVITY PART 1
Watch the talk show “Legal HD”
Legal HD Episode 64 - Intellectual Property Code.
(2014). 9 News & Current Affairs. YouTube.
Retrieved September 19, 2016, from
https://www.youtube.com/watch?v=IwEeTscHdng
48. CLASS ACTIVITY PART 1
Answer and discuss the following guide questions:
1. How can the intellectual property protect the rights
of inventors, scientists, and artists?
2. What acts are considered as a violations of the
Intellectual Property Code?
3. What agencies are in-charge of implementing the
Intellectual Property Code?
49. CLASS ACTIVITY PART 2:
Read “The Intellectual Property Law of the
Philippines”,
Textbook pp.72- 75
50. CLASS ACTIVITY PART 2:
Answer and discuss the following guide questions:
1. What are examples of copyright protected works
under the Philippine law?
2. What is the difference between original works and
derivative works?
3. What are examples of works not protected by
copyright?
51. CLASS ACTIVITY PART 2:
Answer and discuss the following guide questions:
4. Why is it important to protect intellectual property?
5. As a student, how can you promote ethical use of
media and information?
52. REFERENCES
Media and Information Literacy Curriculum Guide by
DepEd
Media and Information Literacy by Boots C. Liquigan,
Diwa Learning Systems Inc.
http://www.wipo.int/about-ip/en/
http://www.slideshare.net/DaeBogan/music-publishing-
copyright-administration-in-the-internet-age
What is the news all about?
What Philippine law is being violated by piracy?
What government agency headed this raid in Quiapo, Manila?
What crime was committed by the suspect Rainier Tamayo?
What Philippine law was violated by the suspect?
Who was the complainant in this case?
What is piracy?
the unauthorized reproduction or use of a copyrighted book, recording, television program, patented invention, trademarked product, etc.(www.dictionary.com/browse/piracy)
Definition from http://www.wipo.int/about-ip/en/
World Intellectual Property Organization (WIPO) is the global forum for intellectual property services, policy, information and cooperation
IP is protected in law by, for example, patents, copyright and trademarks, which enable people to earn recognition or financial benefit from what they invent or create. By striking the right balance between the interests of innovators and the wider public interest, the IP system aims to foster an environment in which creativity and innovation can flourish.
World Intellectual Property Organization (WIPO) is the global forum for intellectual property services, policy, information and cooperation
The World Intellectual Property Organization (WIPO) is the UN agency responsible for treaties involving copyright, patent, and trademark laws. WIPO can be a force for progressive change, helping the world take into account public interest and development needs.
Copyright is a legal term used to describe the rights that creators have over their literary and artistic works. Works covered by copyright range from books, music, paintings, sculpture and films, to computer programs, databases, advertisements, maps and technical drawings.
What is the message in this cartoon?
What is an invention?
something that has never been made before, or the process of creating something that has never been made before (http://dictionary.cambridge.org/dictionary/english/invention)
A new device, method, or process developed from study and experimentation (www.thefreedictionary.com)
A patent is an exclusive right granted for an invention. Generally speaking, a patent provides the patent owner with the right to decide how - or whether - the invention can be used by others. In exchange for this right, the patent owner makes technical information about the invention publicly available in the published patent document.
Do you recognize the following design? (Oakley sunglasses and original Coca-Cola bottle)
Designers have used these patents to protect renowned works like Clarence Fender’s electric guitar, Adam Ziska’s early Harley Davidson motorcycle, Charles Eames’ iconic chairs, and even Christiansen’s little lego man. Design patents also protect moderns works of high-tech and digital design like Google’s famously simple search interface, and of course, every iteration of Steve Jobs and Jony Ives’ iPhone.(http://pnwstartuplawyer.com/design-patents-illustrated/)
So THAT’S the secret behind Michael Jackson’s gravity-defying lean (http://metro.co.uk/2015/10/29/so-thats-the-secret-behind-michael-jacksons-gravity-defying-lean-5469651/)
The Shoes That Made Michael Jackson’s Anti-Gravity Lean Possible Was Granted A Patent and It Expired In 2005 For Non Payment of Maintenance Fees (Source: http://netloid.com/life-geek/the-shoes-that-made-michael-jacksons-anti-gravity-lean-possible-was-granted-a-patent-and-it-expired-in-2005-for-non-payment-of-maintenance-fees)
So THAT’S the secret behind Michael Jackson’s gravity-defying lean (http://metro.co.uk/2015/10/29/so-thats-the-secret-behind-michael-jacksons-gravity-defying-lean-5469651/)
The Shoes That Made Michael Jackson’s Anti-Gravity Lean Possible Was Granted A Patent and It Expired In 2005 For Non Payment of Maintenance Fees (Source: http://netloid.com/life-geek/the-shoes-that-made-michael-jacksons-anti-gravity-lean-possible-was-granted-a-patent-and-it-expired-in-2005-for-non-payment-of-maintenance-fees)
So THAT’S the secret behind Michael Jackson’s gravity-defying lean (http://metro.co.uk/2015/10/29/so-thats-the-secret-behind-michael-jacksons-gravity-defying-lean-5469651/)
The Shoes That Made Michael Jackson’s Anti-Gravity Lean Possible Was Granted A Patent and It Expired In 2005 For Non Payment of Maintenance Fees (Source: http://netloid.com/life-geek/the-shoes-that-made-michael-jacksons-anti-gravity-lean-possible-was-granted-a-patent-and-it-expired-in-2005-for-non-payment-of-maintenance-fees)
A trademark is a sign capable of distinguishing the goods or services of one enterprise from those of other enterprises. Trademarks date back to ancient times when craftsmen used to put their signature or "mark" on their products.
TM means the owner of the mark has common law rights even though the mark has not been registered while the ®, on the other hand, is only used for marks that have been granted registration.
A trademark is a sign capable of distinguishing the goods or services of one enterprise from those of other enterprises. Trademarks date back to ancient times when craftsmen used to put their signature or "mark" on their products.
TM means the owner of the mark has common law rights even though the mark has not been registered while the ®, on the other hand, is only used for marks that have been granted registration.
Infringement refers to the violation of a law or a right.
(http://www.candyindustry.com/articles/86210-mars-sues-hershey-for-trademark-infringement-over-malteser-brand)
An industrial design constitutes the ornamental or aesthetic aspect of an article. An industrial design may consist of three-dimensional features, such as the shape or surface of an article, or of two-dimensional features, such as patterns, lines or color.
An industrial design right protects only the appearance or aesthetic features of a product, whereas a patent protects an invention that offers a new technical solution to a problem. In principle, an industrial design right does not protect the technical or functional features of a product. Such features could, however, potentially be protected by a patent. Find out more about patents. (http://www.wipo.int/designs/en/faq_industrialdesigns.html)
On May 20, 2011, Crocs filed a complaint and initiated a new suit against Skechers, case number 1:11-cv-01330, in the U.S. District Court for the District of Colorado. Crocs alleges the Swifts line introduced in the summer of 2010 by Skechers is an “obvious imitation” of Crocs’ original shoe design for the CROCBANDTMmodel footwear, which is protected by U.S. D610,784.
http://www.protectingdesigns.com/deja-vu-crocs-sues-skechers-for-design-infringement
Geographical indications and appellations of origin are signs used on goods that have a specific geographical origin and possess qualities, a reputation or characteristics that are essentially attributable to that place of origin. Most commonly, a geographical indication includes the name of the place of origin of the goods.
Can you think of other examples of geographical indications and appellations of origin?
http://www.gcflearnfree.org/print/blogbasics/copyright-and-fair-use?playlist=Blog_Basics
Guidelines for fair use:
A majority of the content you create must be your own.
To return to the example above, it's probably fair use to include a few relevant photos to support your ideas in a blog post, presentation, or research paper. However, using these same photos in a project with only a few lines of commentary might not be fair use. As another example, let's imagine you found a useful tutorial you wanted to feature on your blog. Including one tip from the tutorial would be fair use. Simply republishing the entire tutorial would not be fair use, even if you linked to the original source.
Give credit to the copyright holder.
In order for something to be fair use, you must give full credit to the person who created it. This includes the creator's name, as well as other information that will help people find the original work or source. For example, if you adapt a recipe that was originally published on a cooking website, you should include a link to the original page. For more help citing your sources, review Avoiding Plagiarism.
Don't make money off of the copyrighted work.
In general, it's much easier to claim fair use when you're using the copyrighted material for noncommercial purposes. While posting images of your favorite TV shows and adding funny captions and commentary might be considered fair use, selling these images on T-shirts would not.
http://www.gcflearnfree.org/print/blogbasics/copyright-and-fair-use?playlist=Blog_Basics
Guidelines for fair use:
A majority of the content you create must be your own.
To return to the example above, it's probably fair use to include a few relevant photos to support your ideas in a blog post, presentation, or research paper. However, using these same photos in a project with only a few lines of commentary might not be fair use. As another example, let's imagine you found a useful tutorial you wanted to feature on your blog. Including one tip from the tutorial would be fair use. Simply republishing the entire tutorial would not be fair use, even if you linked to the original source.
Give credit to the copyright holder.
In order for something to be fair use, you must give full credit to the person who created it. This includes the creator's name, as well as other information that will help people find the original work or source. For example, if you adapt a recipe that was originally published on a cooking website, you should include a link to the original page. For more help citing your sources, review Avoiding Plagiarism.
Don't make money off of the copyrighted work.
In general, it's much easier to claim fair use when you're using the copyrighted material for noncommercial purposes. While posting images of your favorite TV shows and adding funny captions and commentary might be considered fair use, selling these images on T-shirts would not.
Attribution: You must credit the creator in order to use, copy, or share the content.
Non-Commercial: You can't make a profit from the content.
No Derivative Works: You can't change the content.
Share Alike: You can change the content, but you have to let other people use your new work with the same license as the original. You can't treat any Share Alike work that you adapt as your own copyright, even if you radically change it.
http://www.gcflearnfree.org/print/blogbasics/copyright-and-fair-use?playlist=Blog_Basics
Analyze the infographics.
What is public domain?
https://creativecommons.org/licenses/
Running time: 4: 25 minutes
How is the intellectual property law helps the inventors?