INTELLECTUAL PROPERTY LAW

ASSIGNMENT

Group 1
ABELLA, DALE ABUCEJO, VINCENT SUMAWAY, TOM BAJAMUNDI-PURA, YAZMINE BASA, MICHELLE

1. Distinguish moral rights from economic rights of rights holders as to the coverage of these rights, and the transferability or assignment of copyright.

Section 177 of R.A. 8293 deals ith !economic rights" of a copyright holder#o ner. $conomic rights shall consist of the e%clusive right to carry out, authori&e or prevent the follo ing acts' a. Production Right ( reproduction of the or) or substantial portion of the or) *1++.1, b. Derivative Right ( dramati&ation, translation, adaptation, abridgment, arrangement or other transformation of the or) *1++.2, c. Distribution Right ( first public distribution of the original and each copy of the or) by sale or other forms of transfer of o nership *1++.3, d. Rental and Lending Right ( rental of the original or a copy of an audiovisual or cinematographic or), a or) embodied in a sound recording, a computer program, a compilation of data ang other materials or a musical or) in graphic form, irrespective of the o nership of the original or the copy hich is the sub-ect of the rental *1++.., e. Right of Communication to the Public ( public display of the original or a copy of the or) *1++./, and other communication to the public of the or) *1++.0, f. Public Performance Right ( public performance of the or) *1++.0, g. Droit de suite or Resale Right ( not embodied in section 177 but recogni&ed by international writers as a component of the !economic right" *see section 211 of the 23 4ode,1 5he above(mentioned rights are the components defining the e%tent of !economic rights" under the copyright la . 5hese rights are ho ever different and independent ith the !moral rights" or droit moral under section 193 of the 23 4ode and vice versa. 6oral right is loosely defined as the rights that the author of a or) of copyright has, independent to the economic rights of the copyright o ner. 5here are four rights comprising the same' a. Paternit! Right or Right of "ttribution ( the right to be identified as the author of a or) *193.1, b. Right to #ithhold Publication or Right of Disclosure ( the right to ma)e alterations of his or) prior to or to ithold it from publication *193.2, c. $ntegrit! Right or Right to %b&ect to Derogator! 'reatment of the #or( ( the right to ob-ect to any distortion, mutilation or other modification of, or other derogatory action in relation to, his or) hich ould be pre-udicial to his honor or reputation *193.3, d. Right "gainst )alse "ttribution of a #or( ( the right to restrain the use of his name ith respect to any or) not of his o n creation or in distorted version of his or) *193.., Aside from the different components of protected rights, moral rights and economic rights are also distinguised as to their transferability or assignability. 6oral rights are inalienable and non transferable as it is en-oyed by the author !independently of the economic rights under section 1++ or the grant or assignment ith respect to such right". 7urthermore, moral rights shall last during the lifetime of the author and for fifty */1, years after his death and shall not be assignable or sub-ect to license.2 8n the otherhand, !economic rights" may be assigned in hole or in part upon ritten indication by the author of such intention. 3 9o that, an author may assign some
1 2 # Dennis B. Funa; Intellectual Property Law; 2012; p. 580-581 section 198 of t e IP !o"e section 180.1 an" 180.2 of t e IP !o"e

of his economic rights and retain the rest, or assign all his economic rights but to several individuals as assignees thereto.

2. 5he 4ollective 6anagement 8rgani&ation *468, is an organi&ation designated by rights holders to act in behalf of their interest, particularly in the collection of their royalty fees. 5he recent amendment to the 23 4ode *RA 1132+ provides that necessary accreditation has to be secured by a 468 before the 238 in order to enforce the rights of its members. 5he need for regulation is brought about by the collateral issues on chec) and balance, transparency and the freedom to contract vis(:(vis government regulation. 5hus, the continuing challenge for the e;uilibrium of the rights and liabilities of the organi&ation, the middle users and the end(users. Discuss. 4ollective management organi&ations are an important lin) bet een creators and users of copyrighted or)s *such as radio stations, because they ensure that, as o ners of rights, creators receive payment for the use of their or)s. *http'## . ipo.int, 4ollective management does a valuable service to the orld of music and other creative arts. <y managing their rights, the system is re arding creators for their or), and the creators in turn are more inclined to develop and apply their talents in an environment that provides ade;uate copyright and related rights protection and an efficient system for the management of rights. 9uch a situation encourages creators to contribute to the development of the cultural sector, attracts foreign investment and generally enables the public to ma)e the most of a broad array of or)s. *http'## . ipo.int, 2n the e%ercise of its inherent 3olice 3o er, the 9tate ensures that members of societies or collective management are protected from scrupulous organi&ations hich ill not properly represent these creators and deliver to them their rightful royalties from their creations. =ence, in RA 113+2, 9ection 183 of RA 8293 is amended to include the necessity of collective management organi&ations to secure accreditation from the 238 in order for them to enforce the rights of their members. *9$4. 183. Designation of 9ociety. > 5he o ners of copyright and related rights or their heirs may designate a society of artists, riters, composers and other right(holders to collectively manage their economic or moral rights on their behalf. )or the said societies to enforce the rights of their members* the! shall first secure the necessar! accreditation from the $ntellectual Pro+ert! %ffice . *9ec. 32, 3.D. ?o. .9a,

3. 2s the provision on the liability imposed by the la for circumvention of 5echnological 3rotection 6easures violative of the Right to 2nformation provision of the 4onstitution. RA 113+2 has amended the 23 la in hich circumvention of a technological measure in a protected or) is an aggravating circumstance in infringement cases, allo ing the

right holder to receive a greater amount of damages. 5his does not violate the provision of the 4onstitution regarding right to information. As Article 222 9ection + of the 4onstitution provides' "R'$CL, $$$ of the Constitution Section 7. 'he right of the +eo+le to information on matters of +ublic concern shall be recogni-ed. "ccess to official records* and to documents and +a+ers +ertaining to official acts* transactions* or decisions* as well as to government research data used as basis for +olic! develo+ment* shall be afforded the citi-en* sub&ect to such limitations as ma! be +rovided b! law. 5he public is not barred from accessing information or creations hich they may deem necessary for their o n purposes, as such is prohibited by the 4onstitution. =o ever, the right to access such information or creations must come ith a price as a to)en of royalty for the creator, hose or) the public may ant to utili&e and e%ploit came from his o n ingenuity and hard or). .. A senator delivered a privilege speech herein he ;uoted and translated in 7ilipino language, a speech delivered by a former 3resident of the @nited 9tates of America. Does the senator commit copyright infringementA Assuming that the or) is a part of public domain in the @nited 9tates, is the senator still liable for copyright infringementA 5he senator claimed that the speech is in 7ilipino, and therefore he is not liable for the offense. Discuss. Bes. 8n the case at hand there is a clear une;uivocal e%ample of plagiarism, a copyright infringement of someoneCs or) to claim it as his o n. <ut if the speech is a part of a public domain it is not sub-ect to copyright infringement issues but still must be cited for it can still be considered as plagiarising e%ample is, if you are given a riting assignment and you turn in 4harles Dic)ensC A 5ale of 5 o 4ities, passing it off as your o n. Bou ould not be liable for copyright infringement in that instance, but you ould be plagiari&ing, because you have passed off someone elseCs boo) as your o n.