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INTELLECTUAL PROPERTY CODE

OF THE PHILIPPINES
Republic Act No. 8293

GENERAL OVERVIEW

The law:
Republic Act No. 8293 [An Act Prescribing the Intellectual Property Code and Establishing
the Intellectual Property Office, Providing for Its Powers and Functions, and for Other
Purposes]otherwise known as the Intellectual Property Code of the Philippines.
State policy declaration:
The State recognizes that an effective intellectual and industrial property system is vital
to the development of domestic and creative activity, facilitates transfer of technology,
attracts foreign investments, and ensures market access for our products. It shall
protect and secure the exclusive rights of scientists, inventors, artists and other gifted
citizens to their intellectual property and creations, particularly when beneficial to the
people, for such periods as provided in this Act.
The use of intellectual property bears a social function. To this end, the State shall
promote the diffusion of knowledge and information for the promotion of national
development and progress and the common good.
It is also the policy of the State to streamline administrative procedures of registering
patents, trademarks and copyright, to liberalize the registration on the transfer of
technology, and to enhance the enforcement of intellectual property rights in the
Philippines.
Effect on international conventions and on principle of reciprocity:
Any person who is a national or who is domiciled or has a real and effective industrial
establishment in a country which is a party to any convention, treaty or agreement
relating to intellectual property rights or the repression of unfair competition, to which
the Philippines is also a party, or extends reciprocal rights to nationals of the Philippines
by law, shall be entitled to benefits to the extent necessary to give effect to any provision
of such convention, treaty or reciprocal law, in addition to the rights to which any owner
of an intellectual property right is otherwise entitled by this Act.
Laws repealed:
Republic Act No. 8293 repealed all Acts and parts of Acts inconsistent therewith, more
particularly:
1. Republic Act No. 165, as amended [An Act Creating a Patent Office, Prescribing
its Powers and Duties, Regulating the Issuance of Patents, and Appropriating Funds
Therefor];
2. Republic Act No. 166, as amended[An Act to Provide for the Registration and
Protection of Trademarks, Trade-Names, and Service-Marks, Defining Unfair Competition
and False Marking and Providing Remedies Against the Same, and for Other
Purposes].cralaw
3. Presidential Decree No. 49 [Decree on the Protection of Intellectual Property];
4. Presidential Decree No. 285, as amended [Decree on the Protection of
Intellectual Property];
5. Articles 188 and 189 of the Revised Penal Code of the Philippines.
Parts of the law:
The Intellectual Property Code of the Philippines is divided into five [5] parts, to wit:
PART I - The Intellectual Property Office
PART II - The Law on Patents
PART III - The Law on Trademarks, Service Marks and Trade Names
PART IV - The Law on Copyright
PART V - Final Provisions
Intellectual property rights under the I. P. Code:
The intellectual property rights under the Intellectual Property Code are as follows:
1. Copyright and related rights;
2. Trademarks and service marks;
3. Geographic indications;
4. Industrial designs;
5. Patents;
6. Layout designs [topographies] of integrated circuits; and
7. Protection of undisclosed information.
Government Agencies:
The agency of the government in charge of the implementation of the Intellectual
Property Code is the Intellectual Property Office which replaced the Bureau of Patents,
Trademarks and Technology Transfer. It is divided into six [6] Bureaus, namely:
[1] Bureau of Patents;
[2] Bureau of Trademarks;
[3] Bureau of Legal Affairs;
[4] Documentation, Information and Technology Transfer Bureau;
[5] Management Information System and EDP Bureau; and
[6] Administrative, Financial and Personnel Services Bureau.
Functions of the Intellectual Property Office:
The Intellectual Property Office is mandated under the law to:
1. Examine applications for the grant of letters patent for inventions and register
utility models and industrial designs;

2. Examine applications for the registration of marks, geographic indication and


integrated circuits;

3. Register technology transfer arrangements and settle disputes involving


technology transfer payments covered by the provisions of Part II, Chapter IX on
Voluntary Licensing and develop and implement strategies to promote and facilitate
technology transfer;
4. Promote the use of patent information as a tool for technology development;

5. Publish regularly in its own publication the patents, marks, utility models and
industrial designs, issued and approved, and the technology transfer arrangements
registered;

6. Administratively adjudicate contested proceedings affecting intellectual


property rights;
and

7. Coordinate with other government agencies and the private sector efforts to
formulate and implement plans and policies to strengthen the protection of intellectual
property rights in the country.
Significant features of the law:
1. A shift was made from the "first-to-invent system" under R. A. 165 [old law] to
"first-to-file system" under the new law.
2. In the case of inventions, the period of the grant was increased from 17 years
from grant under the old law to 20 years from date of filing under the new law.
3. In the case of utility models, the previous grant of 5 years plus renewals of 5
years each under the old law was changed to 7 years without renewal under the new
law.
4. In the case of industrial designs, the previous grant of 5 years plus renewals of
5 years each was maintained.
5. Under the old law, there was no opposition proceedings and the examination is
mandatory; under the new law, the examination is made only upon request [possibly
with or without examination].
6. Under the old law, publication is made after the grant; under the new law,
publication is effected after 18 months from filing date or priority date.
7. Under the old law, the penalties for repetition of infringement are: PhP10,000
and/or 5 years of imprisonment and the offense prescribes in 2 years; under the present
law, the penalties range from PhP100,000 to PhP300,000 and/or 6 months to 3 years of
imprisonment and the offense prescribes in 3 years.
Significant changes in the trademark law:
The significant changes in the trademark law under the old law [R. A. No. 166] and
the present law are as follows:
1. Under the former, the element of use before filing a local application is a
requirement although this is not required when the application is based on foreign
registration; while under the latter, the element of use has been eliminated as a
requirement for application.
2. Under the former, the term granted is 20 years renewable for 20-year periods;
while under the latter, the term is for 10 years, renewable for 10-year periods.
3. Under the former, the affidavit of use or non-use is required on the 5th, 10th and
15th anniversaries; while under the latter, proof of use within 3 years from the filing of
the application is required and the affidavit of use should be filed within 1 year from the
5th anniversary.
4. Under the former, a Supplemental Register is required to be maintained; while
under the latter, it is no longer required.
5. Under the former law, penalties for infringement, unfair competition, false
designation of origin and false description or representation range from fine of PhP500
to PhP2,000 and/or 6 months to 3 years and 4 months of imprisonment; while under the
latter law, the penalties range from fine of PhP50,000 to PhP200,000 and/or 2 to 5 years
of imprisonment.
Significant changes in the copyright law:
It is now required that after the first public dissemination of performance by authority
of the copyright owner of certain specified work, there shall, for the purpose of
completing the records of the National Library and the Supreme Court library, within
three (3) weeks, be registered and deposited with it, by personal delivery or by
registered mail, two (2) complete copies or reproductions of the work in such form as
the directors of said libraries may prescribe.cralaw
The scheme of penalties for infringement has also been changed. From the previous
fine of Php200 to Php2,000 and/or imprisonment of 1 year, the current range of penalties
are as follows:

For first offenders - fine of PhP50,000 to PhP150,000 and/or imprisonment of 1 to 3


years
For second offenders - fine of PhP150,000 to PhP500,000 and/or imprisonment
of 3 to 6
years
For third and subsequent offenders - fine of PhP500,000 to PhP1.5 Million
and/or
imprisonment of 6 to 9 years.
In case of insolvency, the offender shall furthermore suffer subsidiary
imprisonment.

Intellectual property
From Wikipedia, the free encyclopedia
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This article is about the legal concept. For the 2006 film, see Intellectual Property (film).

Intellectual property

Primary rights

 Intellectual rights
 Copyright
 Patent
 Trademark
 Trade dress
 Trade secret
 Geographical indication

Sui generis rights


 Authors' rights
 Database right
 Indigenous intellectual property
 Industrial design right
 Integrated circuit layout design protection
 Moral rights
 Plant breeders' rights
 Related rights
 Supplementary protection certificate
 Utility model

Related topics
 Abandonware
 Anti-copyright
 Bioprospecting
 Cultural appropriation
 Limitations and exceptions to copyright
o Fair dealing
o Fair use
o Paraphrasing
o Right to quote
 Orphan works
 Patent troll
 Public domain

 Outline of intellectual property(Outline of patents)

Higher category: Property and Property law

 v
 t
 e

Intellectual property (IP) is a category of property that includes intangible creations of the
human intellect, and primarily encompasses copyrights, patents, and trademarks.[1] It also
includes other types of rights, such as trade secrets, publicity rights, moral rights, and rights
against unfair competition. Artistic works like music and literature, as well as some discoveries,
inventions, words, phrases, symbols, and designs, can all be protected as intellectual
property.[2][3] It was not until the 19th century that the term "intellectual property" began to be
used, and not until the late 20th century that it became commonplace in the majority of the
world.[4]
The main purpose of intellectual property law is to encourage the creation of a large variety of
intellectual goods. To achieve this, the law gives people and businesses property rights to the
information and intellectual goods they create – usually for a limited period of time. This gives
economic incentive for their creation, because it allows people to profit from the information and
intellectual goods they create.[5] These economic incentives are expected to stimulate
innovation and contribute to the technological progress of countries, which depends on the
extent of protection granted to innovators.[6]
The intangible nature of intellectual property presents difficulties when compared with traditional
property like land or goods. Unlike traditional property, intellectual property is "indivisible" – an
unlimited number of people can "consume" an intellectual good without it being depleted.
Additionally, investments in intellectual goods suffer from problems of appropriation – a
landowner can surround their land with a robust fence and hire armed guards to protect it, but a
producer of information or an intellectual good can usually do very little to stop their first buyer
from replicating it and selling it at a lower price. Balancing rights so that they are strong enough
to encourage the creation of intellectual goods but not so strong that they prevent the goods'
wide use is the primary focus of modern intellectual property law.[7]

Intellectual property rights[edit]


Intellectual property rights include patents, copyright, industrial design rights, trademarks, plant
variety rights, trade dress, geographical indications,[24] and in some jurisdictions trade secrets.
There are also more specialized or derived varieties of sui generis exclusive rights, such as
circuit design rights (called mask work rights in the US) and supplementary protection
certificates for pharmaceutical products (after expiry of a patent protecting them) and database
rights (in European law). The term "industrial property" is sometimes used to refer to a large
subset of intellectual property rights including patents, trademarks, industrial designs, utility
models, service marks, trade names, and geographical indications.[25]
Patents[edit]
Main article: Patent
A patent is a form of right granted by the government to an inventor or their successor-in-title,
giving the owner the right to exclude others from making, using, selling, offering to sell, and
importing an invention for a limited period of time, in exchange for the public disclosure of the
invention. An invention is a solution to a specific technological problem, which may be a product
or a process and generally has to fulfill three main requirements: it has to be new, not obvious
and there needs to be an industrial applicability.[26]:17 To enrich the body of knowledge and
stimulate innovation, it is an obligation for patent owners to disclose valuable information about
their inventions to the public.[27]
Copyright[edit]
Main article: Copyright
A copyright gives the creator of an original work exclusive rights to it, usually for a limited time.
Copyright may apply to a wide range of creative, intellectual, or artistic forms, or
"works".[28][29] Copyright does not cover ideas and information themselves, only the form or
manner in which they are expressed.[30]
Industrial design rights[edit]
Main article: Industrial design right
An industrial design right (sometimes called "design right" or design patent) protects the visual
design of objects that are not purely utilitarian. An industrial design consists of the creation of a
shape, configuration or composition of pattern or color, or combination of pattern and color in
three-dimensional form containing aesthetic value. An industrial design can be a two- or three-
dimensional pattern used to produce a product, industrial commodity or handicraft. Generally
speaking, it is what makes a product look appealing, and as such, it increases the commercial
value of goods.[27]
Plant varieties[edit]
Main article: Plant breeders' rights
Plant breeders' rights or plant variety rights are the rights to commercially use a new variety of a
plant. The variety must amongst others be novel and distinct and for registration the evaluation
of propagating material of the variety is considered.
Trademarks[edit]
Main article: Trademark
A trademark is a recognizable sign, design or expression which
distinguishes products or services of a particular trader from the similar products or services of
other traders.[31][32][33]
Trade dress[edit]
Main article: Trade dress
Trade dress is a legal term of art that generally refers to characteristics of the visual and
aesthetic appearance of a product or its packaging (or even the design of a building) that signify
the source of the product to consumers.[34]
Trade secrets[edit]
Main article: Trade secret
A trade secret is a formula, practice, process, design, instrument, pattern, or compilation
of information which is not generally known or reasonably ascertainable, by which
a business can obtain an economic advantage over competitors and customers. There is no
formal government protection granted; each business must take measures to guard its own
trade secrets (e.g., Formula of its soft drinks is a trade secret for Coca-Cola.)

Object of intellectual property law[edit]


The main purpose of intellectual property law is to encourage the creation of a wide variety of
intellectual goods for consumers.[5] To achieve this, the law gives people and businesses
property rights to the information and intellectual goods they create, usually for a limited period
of time. Because they can then profit from them, this gives economic incentive for their
creation.[5] The intangible nature of intellectual property presents difficulties when compared with
traditional property like land or goods. Unlike traditional property, intellectual property is
indivisible – an unlimited number of people can "consume" an intellectual good without it being
depleted. Additionally, investments in intellectual goods suffer from problems of appropriation –
while a landowner can surround their land with a robust fence and hire armed guards to protect
it, a producer of information or an intellectual good can usually do very little to stop their first
buyer from replicating it and selling it at a lower price. Balancing rights so that they are strong
enough to encourage the creation of information and intellectual goods but not so strong that
they prevent their wide use is the primary focus of modern intellectual property law.[7]
By exchanging limited exclusive rights for disclosure of inventions and creative works, society
and the patentee/copyright owner mutually benefit, and an incentive is created for inventors and
authors to create and disclose their work. Some commentators have noted that the objective of
intellectual property legislators and those who support its implementation appears to be
"absolute protection". "If some intellectual property is desirable because it encourages
innovation, they reason, more is better. The thinking is that creators will not have sufficient
incentive to invent unless they are legally entitled to capture the full social value of their
inventions".[16] This absolute protection or full value view treats intellectual property as another
type of "real" property, typically adopting its law and rhetoric. Other recent developments in
intellectual property law, such as the America Invents Act, stress international harmonization.
Recently there has also been much debate over the desirability of using intellectual property
rights to protect cultural heritage, including intangible ones, as well as over risks
of commodification derived from this possibility.[35] The issue still remains open in legal
scholarship.
Financial incentive[edit]
These exclusive rights allow owners of intellectual property to benefit from the property they
have created, providing a financial incentive for the creation of an investment in intellectual
property, and, in case of patents, pay associated research and development costs.[36] In the
United States Article I Section 8 Clause 8 of the Constitution, commonly called the Patent and
Copyright Clause, reads; "[The Congress shall have power] 'To promote the progress of science
and useful arts, by securing for limited times to authors and inventors the exclusive right to their
respective writings and discoveries.'"[37] ”Some commentators, such as David
Levine and Michele Boldrin, dispute this justification.[38]
In 2013 the United States Patent & Trademark Office approximated that the worth of intellectual
property to the U.S. economy is more than US $5 trillion and creates employment for an
estimated 18 million American people. The value of intellectual property is considered similarly
high in other developed nations, such as those in the European Union.[39] In the UK, IP has
become a recognised asset class for use in pension-led funding and other types of business
finance. However, in 2013, the UK Intellectual Property Office stated: "There are millions of
intangible business assets whose value is either not being leveraged at all, or only being
leveraged inadvertently".[40]
Economic growth[edit]
The WIPO treaty and several related international agreements underline that the protection of
intellectual property rights is essential to maintaining economic growth. The WIPO Intellectual
Property Handbook gives two reasons for intellectual property laws:
One is to give statutory expression to the moral and economic rights of creators in their
creations and the rights of the public in access to those creations. The second is to promote, as
a deliberate act of Government policy, creativity and the dissemination and application of its
results and to encourage fair trading which would contribute to economic and social
development.[41]
The Anti-Counterfeiting Trade Agreement (ACTA) states that "effective enforcement of
intellectual property rights is critical to sustaining economic growth across all industries and
globally".[42]
Economists estimate that two-thirds of the value of large businesses in the United States can be
traced to intangible assets.[43] "IP-intensive industries" are estimated to generate 72 percent
more value added (price minus material cost) per employee than "non-IP-intensive
industries".[44][dubious – discuss]
A joint research project of the WIPO and the United Nations University measuring the impact of
IP systems on six Asian countries found "a positive correlation between the strengthening of the
IP system and subsequent economic growth."[45]
Morality[edit]
According to Article 27 of the Universal Declaration of Human Rights, "everyone has the right to
the protection of the moral and material interests resulting from any scientific, literary or artistic
production of which he is the author".[46] Although the relationship between intellectual property
and human rights is a complex one,[47] there are moral arguments for intellectual property.
The arguments that justify intellectual property fall into three major categories. Personality
theorists believe intellectual property is an extension of an individual. Utilitarians believe that
intellectual property stimulates social progress and pushes people to further innovation.
Lockeans argue that intellectual property is justified based on deservedness and hard work.[48]
Various moral justifications for private property can be used to argue in favor of the morality of
intellectual property, such as:

1. Natural Rights/Justice Argument: this argument is based on Locke's idea that a person
has a natural right over the labour and/or products which is produced by his/her body.
Appropriating these products is viewed as unjust. Although Locke had never explicitly
stated that natural right applied to products of the mind,[49] it is possible to apply his
argument to intellectual property rights, in which it would be unjust for people to misuse
another's ideas.[50] Locke's argument for intellectual property is based upon the idea that
laborers have the right to control that which they create. They argue that we own our
bodies which are the laborers, this right of ownership extends to what we create. Thus,
intellectual property ensures this right when it comes to production.
2. Utilitarian-Pragmatic Argument: according to this rationale, a society that protects private
property is more effective and prosperous than societies that do not. Innovation and
invention in 19th century America has been attributed to the development of
the patent system.[51] By providing innovators with "durable and tangible return on their
investment of time, labor, and other resources", intellectual property rights seek to
maximize social utility.[52] The presumption is that they promote public welfare by
encouraging the "creation, production, and distribution of intellectual
works".[52] Utilitarians argue that without intellectual property there would be a lack of
incentive to produce new ideas. Systems of protection such as Intellectual property
optimize social utility.
3. "Personality" Argument: this argument is based on a quote from Hegel: "Every man has
the right to turn his will upon a thing or make the thing an object of his will, that is to say,
to set aside the mere thing and recreate it as his own".[53] European intellectual property
law is shaped by this notion that ideas are an "extension of oneself and of one's
personality".[54] Personality theorists argue that by being a creator of something one is
inherently at risk and vulnerable for having their ideas and designs stolen and/or altered.
Intellectual property protects these moral claims that have to do with personality.
Lysander Spooner (1855) argues "that a man has a natural and absolute right—and if a natural
and absolute, then necessarily a perpetual, right—of property, in the ideas, of which he is the
discoverer or creator; that his right of property, in ideas, is intrinsically the same as, and stands
on identically the same grounds with, his right of property in material things; that no distinction,
of principle, exists between the two cases".[55]
Writer Ayn Rand argued in her book Capitalism: The Unknown Ideal that the protection of
intellectual property is essentially a moral issue. The belief is that the human mind itself is the
source of wealth and survival and that all property at its base is intellectual property. To violate
intellectual property is therefore no different morally than violating other property rights which
compromises the very processes of survival and therefore constitutes an immoral act. [56]

Infringement, misappropriation, and enforcement[edit]


Main article: Intellectual property infringement
Violation of intellectual property rights, called "infringement" with respect to patents, copyright,
and trademarks, and "misappropriation" with respect to trade secrets, may be a breach of civil
law or criminal law, depending on the type of intellectual property involved, jurisdiction, and the
nature of the action.
As of 2011 trade in counterfeit copyrighted and trademarked works was a $600 billion industry
worldwide and accounted for 5–7% of global trade.[57]
Patent infringement[edit]
Main article: Patent infringement
Patent infringement typically is caused by using or selling a patented invention without
permission from the patent holder. The scope of the patented invention or the extent of
protection[58] is defined in the claims of the granted patent. There is safe harbor in many
jurisdictions to use a patented invention for research. This safe harbor does not exist in the US
unless the research is done for purely philosophical purposes, or in order to gather data in order
to prepare an application for regulatory approval of a drug.[59] In general, patent infringement
cases are handled under civil law (e.g., in the United States) but several jurisdictions
incorporate infringement in criminal law also (for example, Argentina, China, France, Japan,
Russia, South Korea).[60]
Copyright infringement[edit]
Main article: Copyright infringement
Copyright infringement is reproducing, distributing, displaying or performing a work, or to
make derivative works, without permission from the copyright holder, which is typically a
publisher or other business representing or assigned by the work's creator. It is often called
"piracy".[61] While copyright is created the instant a work is fixed, generally the copyright holder
can only get money damages if the owner registers the copyright.[citation needed] Enforcement of
copyright is generally the responsibility of the copyright holder.[62] The ACTA trade agreement,
signed in May 2011 by the United States, Japan, Switzerland, and the EU, and which has not
entered into force, requires that its parties add criminal penalties, including incarceration and
fines, for copyright and trademark infringement, and obligated the parties to active police for
infringement.[57][63] There are limitations and exceptions to copyright, allowing limited use of
copyrighted works, which does not constitute infringement. Examples of such doctrines are
the fair use and fair dealing doctrine.
Trademark infringement[edit]
Main article: Trademark infringement
Trademark infringement occurs when one party uses a trademark that is identical or confusingly
similar to a trademark owned by another party, in relation to products or services which are
identical or similar to the products or services of the other party. In many countries, a trademark
receives protection without registration, but registering a trademark provides legal advantages
for enforcement. Infringement can be addressed by civil litigation and, in several jurisdictions,
under criminal law.[57][63]
Trade secret misappropriation[edit]
Main article: Trade secret § Misappropriation
Trade secret misappropriation is different from violations of other intellectual property laws,
since by definition trade secrets are secret, while patents and registered copyrights and
trademarks are publicly available. In the United States, trade secrets are protected under state
law, and states have nearly universally adopted the Uniform Trade Secrets Act. The United
States also has federal law in the form of the Economic Espionage Act of 1996 (18
U.S.C. §§ 1831–1839), which makes the theft or misappropriation of a trade secret a federal
crime. This law contains two provisions criminalizing two sorts of activity. The first, 18
U.S.C. § 1831(a), criminalizes the theft of trade secrets to benefit foreign powers. The
second, 18 U.S.C. § 1832, criminalizes their theft for commercial or economic purposes. (The
statutory penalties are different for the two offenses.) In Commonwealth common
lawjurisdictions, confidentiality and trade secrets are regarded as an equitable right rather than
a property right but penalties for theft are roughly the same as in the United States.[citation needed]

What is Plagiarism?

Published May 18, 2017


3.7K

Many people think of plagiarism as copying another's work or borrowing someone else's original ideas.
But terms like "copying" and "borrowing" can disguise the seriousness of the offense:

According to the Merriam-Webster online dictionary, to "plagiarize" means:

 to steal and pass off (the ideas or words of another) as one's own
 to use (another's production) without crediting the source
 to commit literary theft
 to present as new and original an idea or product derived from an existing source

In other words, plagiarism is an act of fraud. It involves both stealing someone else's work and lying
about it afterward.

But can words and ideas really be stolen?

According to U.S. law, the answer is yes. The expression of original ideas is considered intellectual
property and is protected by copyright laws, just like original inventions. Almost all forms of expression
fall under copyright protection as long as they are recorded in some way (such as a book or a computer
file).

All of the following are considered plagiarism:

 turning in someone else's work as your own


 copying words or ideas from someone else without giving credit
 failing to put a quotation in quotation marks
 giving incorrect information about the source of a quotation
 changing words but copying the sentence structure of a source without giving credit
 copying so many words or ideas from a source that it makes up the majority of your work,
whether you give credit or not (see our section on "fair use" rules)

Most cases of plagiarism can be avoided, however, by citing sources. Simply acknowledging that certain
material has been borrowed and providing your audience with the information necessary to find that
source is usually enough to prevent plagiarism. See our section on citation for more information on how
to cite sources properly.

What about images, videos, and music?

Using an image, video or piece of music in a work you have produced without receiving proper
permission or providing appropriate citation is plagiarism. The following activities are very common in
today’s society. Despite their popularity, they still count as plagiarism.

 Copying media (especially images) from other websites to paste them into your own papers or
websites.
 Making a video using footage from others’ videos or using copyrighted music as part of the
soundtrack.
 Performing another person’s copyrighted music (i.e., playing a cover).
 Composing a piece of music that borrows heavily from another composition.

Certainly, these media pose situations in which it can be challenging to determine whether or not the
copyrights of a work are being violated. For example:

 A photograph or scan of a copyrighted image (for example: using a photograph of a book cover
to represent that book on one’s website)
 Recording audio or video in which copyrighted music or video is playing in the background.
 Re-creating a visual work in the same medium. (for example: shooting a photograph that uses
the same composition and subject matter as someone else’s photograph)
 Re-creating a visual work in a different medium (for example: making a painting that closely
resembles another person’s photograph).
 Re-mixing or altering copyrighted images, video or audio, even if done so in an original way.

The legality of these situations, and others, would be dependent upon the intent and context within which
they are produced. The two safest approaches to take in regards to these situations is: 1) Avoid them
altogether or 2) Confirm the works’ usage permissions and cite them properly.

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