Refer to blog: http://batangmataba.blogspot.com/2009/11/law-on-copyrightsir-amador.html (notes of sir on Copyright)
Pivot Point Intern: "conceptual separability"
-there is an author w/c created a small statuette of a lady w/a lantern, holding it up. It's intended to work as a lantern, but it is also considered a sculptural work because of the design on the lantern itself. Question is WON the sculpture should be protected by copyright.
H: Based on Mazer vs. Stein (?): conceptual separability applies. The functional feature is considered comparable to the ornamental design. Protect both ornamental and artistic function of the lantern.
Original works derived from public domain materials
Public domain: free for all
-not copyright-protected anymore
-DISTINGUISHABLE VARIATION: but can protect by copyright if author, through skill and effort, contributed distinguishable variation from the older works which is substantial (not merely trivial)
Original Compilation of Facts
-bare facts never copyrightable because they have no author to speak of
-but if author arranged the facts in such a way that it could be easily comprehended by his readers, not mere compilation but selection of particular data based on his own discretion, copyrightable
Hodge Mason Case: case where Hodge Mason made a tri-dimensional map. He selected which facts he should include…copyrightable even if based on certain facts only because Hodge Mason made certain choices which are very novel at the time (1st one who introduced such illustrative map).
Computer Programs
-treated as literary works under the current convention
Judicial Opinions
-works of government are not copyrightable
-and these works of government must be disseminated to the public, we're even required to read them (Ignorance of the law excuses no one) = public policy element
…Judges usually compile all the decisions they have made throughout their tenure. Sabi ni sir these books are not subject to copyright. Even the headnotes, syllabi are not copyrightable
Law Reports (SCRA, Phil)
-can be copyrightable IFF the reporters took great pains to write the syllabi (not like now where just cut and paste)
-what about lex libris? Sabi ni sir non-copyrightable ung written form, neither should the digital form!
News stories, History, Biography
-copyright extends not only to literal phrasing…but also to author's original narrative style and arrangements of facts
-author makes decisions on what to say
Derivative works
-can't claim any copyright for derivative works w/o authorization from the author of the original work from which the derivative work was derived or else copyright infringement
...similar to the Underlying Work
-new work must be more than inspired by the earlier work
Adaptation of OLD Play
-play may be itself a common property (because it's old), but copyright may be still secured
-sir: there must still be a license from author of old work
Abridgments of Literary Works
e.g. Reader's digest
-protected because the person making the abridgment makes choices on what to include in his work
Derivative Works of the Visual arts
Visual arts: photographs, figurine, fabric design....
-should have distinguishable nontrivial variation over the work
-deny if minor alterations which consumers would ordinarily overlook
-grant if change work's actual appearance to consumers
Derivative Musical works
-higher standard of distinguishable, non-trivial variation: musical vocabulary constrain original and expressive contributions in musical contributions
-Pretty Woman case-parody (Campbell vs. Acuff Rose Music)
-Suntrust Bank vs. Houghton Mifflin
-NY Times vs. Tasini: digital publications
Collective Works
-A & B creates a work at initiative of C, with understanding that C would attribute the work to himself and no identification of A & B.
-e.g. Encyclopedia. A & B would be the contributors who would be paid by C to make the articles in the encyclopedia. A & B's right to attribution is deemed waived unless expressly provided (Section 196?)
Compilation of Works w/o License
-so this is infringement
-there should be license or assignment for use of the copyrighted work
Uncopyrightable Subject Matter
-idea, procedure, system, method or operation, concept, principle, discovery or mere data
Works of Goverment
GR: No copyright
X: when there's a necessary exploitation of work for profit w/ prior approval of the government agency - may impose payment of royalties
...sir: this is a dead-letter law: why would you make one for profit if these things are not really copyrightable
RULES on COPYRIGHT OWNERSHIP
-Sec 178
-author of work: natural person + created the work = owns the copyright
*joint ownership (several authors of a single work): co-authors shall be the original authors of the copyright. Right governed by rules of co-ownership
e.g. if a group decided to write a treatise in intellectual property, this would be considered a joint ownership of the group. ALl those who participated would be considered owners of the copyright
-but if the parts are separable, his part would be owned by him (copyright over his work be attributed to him)
*works created during course of employment
-works not in the course of employment: own copyright
-works in the course of employment: ER owns copyright
-commissioned works: person who commissioned the work owns the work BUT the maker owns the copyright, unless there's a stipulation to the contrary
-audiovisual work: considered multifarious work
...the individuals whose works are incorporated in the audiovisual work owns copyright that corresponds to their work
...copyright exercised by producer to an extent required for exhibition of the work
X: for the right to collect performing license fees for musical compositions w/c may be incorporated into the work
*Letters: writer owns the copyright
Joint Authorship Test:
*De Minimis Test: very minimum participation ~ limited contribution ~ impact on claim to copyright
Copyrightable matters test: appears to be favored by the courts: performer contributes copyrightable matter to the performance
-Sec172: co-authors original authors of copyright
*Rules on Co-Ownership
-you cannot file suit vs your co-owner because as co-owners each has a right to the exploitation of your work.
*anonymous works
-publishers deemed to represent the authors with pseudonyms, unless contrary agreement
ECONOMIC RIGHTS in Copyright (PERA!!!!)
Sec 177. carry-out, authorize, prevent…
Sec 177. carry-out, authorize, prevent…
*reproduction of the work: primary source of author's economic right ("the bedrock")
-copies are material objects
*dramatization, translation, adaptation, abridgment, arrangement or other TRANSFORMATION OF WORK (right of adaptation - derivative work)
-first public distribution (transfer of ownership)
-infringement: merely by transfer of copies of the work, WON lawfully or unlawfully made
…buyer acquires a copy, not the copyright. You can lend the copy of the book, and this is permissible, you can even sell it
*Rental of the original…audiovisual or cinematographic work, computer program, compilation of data…irrespective of ownership of original or copy which is the subject of the rental (RENTAL RIGHTS)
-TRIPS agreement contain rental rights
*Public display of the original work
DISPLAY: show a copy of it, directly or by means of any other device or process
Copyright infringement: public display (why: right un ni copyright holder eh - display right)
*public performance right: show immages in any sequence…
*other communication to the public
-copyrights rights may be transferred in whole or in part (assignment), subject to payment to the original holder
e.g. novel - right to adaptation may be assigned to a movie maker
-transfer must be clear in WRITTEN instrument
-assignee has standing to sue for infringement of the right assigned to him
-in this case, assignee and not the author benefit
SEC 180.3: submission to a publication of copyrightable work is limited only to single publication UNLESS a greater right is expressly granted
-di kasama ung published online in newspapers
LIMITATIONS ON COPYRIGHT
...
*LAWFUL ACTIVITIES - PD 49
Making Quotations - if compatible w/ fair use and if for the purpose, provided the name of author mentioned (cite in references, footnotes…)
Making Quotations - if compatible w/ fair use and if for the purpose, provided the name of author mentioned (cite in references, footnotes…)
Reproduction of communications to public…
-as long as you publish the source
Lawful inclusion of a work if inclusion is made by way of illustration for teaching purposes + compatible w/ fair use
e.g. knowledge channel…
Recording made in schools…included in broadcast for use of such schools
-provided: recording must be deleted w/n a reasonable period after they were first broadcasted
Making of ephemeral recordings by broadcasting organization by means of own facilities
-ephemeral recordings: they just retain recordings for short period of time, then delete it from facilities
Performance of a work in a free performance
-charitable, educational purposes
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