Intellectual

Property,
Copyright
and Fair
Quarter 3 Use
Lesson 8 Guidelines
oytliangiri
originality
originality
the ability to think independently and
creatively.
crytivitae
creativity
creativity
the use of the imagination or original
ideas, especially in the production of an
artistic work.
goiprhcty
copyright
copyright
a legal term used to describe the
rights that creators have over their
literary and artistic works
tapent
patent
patent
an exclusive right granted for an
invention, which is a product or a
process that provides, in general, a
new way of doing something, or offers
a new technical solution to a problem.
kartdamer
trademark
trademark
a symbol, word, or words legally
registered or established by use as
representing a company or product.
As a
responsible
citizen, we
must be aware
of these
existing laws
and guidelines
in the
Philippines.
 INTELLECTUAL PROPERTY CODE OF THE PHILIPPINES
Republic Act No. 8293

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.
INTELLECTUAL PROPERTY CODE OF THE PHILIPPINES
Republic Act No. 8293
It shall protect and secure the
State policy exclusive rights of scientists,
declaration:
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.
https://www.chanrobles.com/legal7code.htm#.YB37ZegzY2x
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. https://www.chanrobles.com/legal7code.htm#.YB37ZegzY2x
 What are considered
copyrightable works in the
Philippines?
>Under Philippine law, original
intellectual creations in the literary and artistic domain are
copyrightable. These include books, pamphlets, articles and
other writings; periodicals and newspapers; lectures,
sermons, addresses, dissertations prepared for oral delivery;
letters; dramatic or dramatico-musical compositions;
choreographic works or entertainment in dumb shows;.
;musical compositions; drawing, painting,
architecture, sculpture, engraving,
lithography; models or designs for works of
art; original ornamental designs or models for
articles of manufacture; illustrations, maps,
plans, sketches, charts and three-dimensional
works relative to geography, topography,
architecture or science; drawings or plastic
works of a scientific or technical character;
photographic works including works produced by a proces
analogous to photography; lantern slides; audiovisual work
cinematographic works and works produced by a process
to cinematography or any process for
making audiovisual recordin
pictorial illustrations
and advertisements
and computer programs
Derivative works are also
protected as new works,
provided that it does not
affect the existing copyright
on original works.
Derivative works may
include: dramatizations,
translations, adaptations,
abridgements,
and other alterations of literary music work; collections
of literary, scholarly or artistic works, and compilations
of data and other materials which are original by reason
of the selection or coordination or arrangement of their
contents.
 Other than the Intellectual Property Code of the
Philippines, is there any special law that ensures the protection to
copyright owners of audio-visual works? Yes, the Optical Media
Act of 2003. This Act regulates the manufacture, mastering,
replication, importation and exportation of optical media in which
information, including sounds
and/or images, or software code,
has been stored, either by
Mastering and/or replication.
Under the Optical Media
Act, any person,
establishment or entity
shall, prior to engaging in
one or more of the
following business or
activities, register with
and secure the appropriate
licenses from the Optical
Media Board (OMB):
1. Importation, exportation,
acquisition, sale or
distribution of optical media,
manufacturing equipment,
parts and accessories and
manufacturing materials
used or intended for use in
the mastering, manufacture
or replication of optical
media;
2. Possession or operation
of manufacturing
equipment, parts and
accessories, or the
possession acquisition, sale
or use of manufacturing
materials for the
mastering, manufacture or
replication of optical media;
and
3. The mastering, manufacture,
replication, importation or
exportation of optical media. The
Optical Media Act also requires that
Source Identification (SID) Codes,
prescribed by the OMB to, be applied
to each and every optical media
mastered, manufactured or replicated
including glass masters, stampers or
other parts used for the manufacture
of optical discs.
 ?
The fair use of a copyrighted work for criticism, comment,
news, reporting, teaching including multiple copies for
classroom use, scholarship, research and similar purposes is
not an infringement of copyright.
Decompilation, which is the reproduction of the code and
translation of the forms of the computer programs to achieve
the inter-operability of an independently created computer
program with other programs, may also constitute fair use.
To determine whether use of a work constitutes fair use,
the following factors are considered:
1. The purpose and character of the use, including
whether such use is of a commercial nature or is for
non-profit educational purposes;
2. The nature of the copyrighted work;
3. The amount and substantiality of the portion used in
relation to the copyrighted work as a whole; and 4. The
effect of the use upon the potential market for or value of
the copyrighted work.
What constitutes copyright infringement in the
Philippines? Under Philippine law, copyright
infringement occurs when there is a violation of any of
the exclusive economic or moral rights granted to the
copyright owner. It may also consist in aiding or
abetting such infringement. The IP Code also provides
for the liability of a person who at the time when
copyright subsists in a work has in his possession an
article which he knows, or ought to know, to be an
infringing copy of the work for the following purposes:
(a) selling or letting for hire, or by way of trade
offering or exposing for sale or hire, the article;
(b) distributing the article for the purpose of trade,
or for any other purpose to an extent that will
prejudice the rights of the copyright owner in the
work; or
(c) trade exhibit of the article in public.
What are the remedies available to an owner of a copyright against an
infringer? The copyright owner can file a criminal, civil or administrative
action for copyright infringement. A criminal case for copyright
infringement must be filed in the court situated in the place where the
violation occurred. The administrative suit is filed at the Bureau of Legal
Affairs at the Intellectual Property Office of the Philippines. A civil
infringement lawsuit is filed in the appropriate court located at the place
where the defendant resides/is located, or where the plaintiff resides/is
located, at the option of the plaintiff.
 What are the penalties provided by Philippine law for
copyright infringement? Under Philippine law, copyright
infringement is punishable by the following:
1. Imprisonment of between 1 to 3
years and a fine of between 50,000
to 150,000 pesos for the first
offense.
2. Imprisonment of 3 years and 1 day
to six years plus a fine of between
150,000 to 500,000 pesos for the
second offense.
3. Imprisonment of 6 years and 1 day
to 9 years plus a fine ranging from
500,000 to 1,500,000 pesos for the
third and subsequent offenses.
 The offending party may also be ordered
to pay civil damages. Injunction and
destruction of the infringing goods or products
can also be obtained, as well as seizure and
impounding of any article which may serve as
evidence in the court proceedings.

Excerpt from Intellectual Property Law Read full article

@ http://www.federislaw.com.ph/faqs-
resources/copyright/
1.) Set a campaign goal: Typically, when we think about
‘goals’ most people tend to think of sales. But, the truth is
that there are many other advertising objectives to focus
on. The most common goals include acquiring new
clients, promoting current products, and launching new
products. You can also create an advertising campaign
designed to improve brand awareness or to help
associate a certain brand with certain feelings or
emotions. Whichever your goal may be, it’s important to
identify it before proceeding.
2.) Define a target: Part of a campaign’s success is
directly tied to your target audiences. If you have a well-
defined target market or audience, it is much easier to
accomplish and measure your goals. Defining the
following points will help you understand who you’re
trying to reach through your advertising campaign
strategy: Age, sex, social class, marital status, education
level, likes, habits and hobbies can all be helpful in
correctly identifying your target audience.
3.) Segment your audiences: Once you have clearly
defined your target audience, you should then segment
the audience, dividing them into various groups based
on the products or services you want to sell and their
various demographics. Put yourself into the shoes of your
potential customers and try to identify what would spark
their interest. Is what you offer useful for them? How will
you grab their attention? Are they aware of your brand
or product? Do they have the purchasing power to buy
your product/service at the set price?
4.) Decide on your advertising mediums: There are
many helpful tools at your disposal that can help
you get your campaign's message to your target
segment. Let's review the different types of
advertising options that exist:
Advertising on Social Media. As the name suggests,
advertising on social media allows you to create ads
on the social networks where your target audience is;
this means opening up a line of communication which
allows you to easily reach your audience. The different
formats and platforms available offer personalized
design strategies which yield a high success rate.
Email Marketing: Email
marketing is another means of
Advertising which could be of
interest to your campaign.
Although you can use it to
acquire new leads (which could
then result in potential clients),
the use of its 'loyalty formula'
generates incredible results.
Did you know that getting a
new buyer is 7 times more
expensive than maintaining just
one you already have active?
 Content Marketing: Thanks to the popularity of
branded content and video marketing, content
marketing is a great avenue for digital advertising
campaigns. However, there is a bit confusion
regarding what content marketing actually is.
According to Content Marketing Institute, “Content
marketing is a strategic marketing approach
focused on creating and distributing valuable,
relevant, and consistent content to attract and retain
a clearly defined audience — and, ultimately, to
drive profitable customer action.”
 Therefore, content cannot be exclusively
promotional; you have to add value (such as
entertainment, new information, promotions, etc.)
to it as well. Moreover, keep in mind that there are
four stages within the execution of content
marketing: traffic generation, lead generation, lead
nurturing and client generation.
SEM: Search Engine Marketing is paid
advertisements on search engines. They
consist of ads displayed on search engine
networks, and are paid for by a pay-per-click
(PPC) model. SEM is a great way to boost your
position on search engines and, like social
ads, they can be highly targeted and
segmented.
5.) Communication: The message of an advertising
campaign is also a fundamental matter. Even though
each company and each strategy are different, the copy
should always be natural sounding, well organized,
clear, concise, fluid and coherent. It may seem easy but
if you add to the fact that the message should also be
brief (as to not bore your audience) ...the pressure to
get it right can really build up. We recommend leaving
the task to experienced experts within the sector or
copywriters.
6.) Mind your Design: The
design is just as important as
the message is. Utilize
responsive design and UX
friendly websites to win over
your audience; Delight them
first by sight, and then
through everything else you
have to tell them. Sounds
good, right?
7.) Track Metrics and KPIs: Measuring is important in
many different fields but in the world of advertising it’s
absolutely crucial. If we don’t track our results, we
won’t know what’s going well nor what we could
improve on. In an advertising campaign, the metrics
should make up an integral part of the process.
 The only way to understand the campaign is to
track and measure the metrics and data. Furthermore,
we have to note the difference between general
metrics and KPIs. Even though the latter do not offer
metrics per se, they deal with to how to measure your
company’s set strategic goals