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CORE SUBJECT-HUMSS

MEDIA AND INFORMATION


LITEARCY
QUARTER 1, MODULE 8
Intellectual Property, Copyright and
Fair Use Guidelines

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Media and Information Literacy
Self-Learning Module
2nd Semester – Module 8: (Intellectual Property, Copyright and Fair Use Guidelines)
First Edition, 2021

Republic Act 8293, section 176 states that: No copyright shall subsist in any work of the
Government of the Philippines. However, prior approval of the government agency or office
wherein the work is created shall be necessary for exploitation of such work for profit. Such
agency or office may, among other things, impose as a condition the payment of royalties.
Borrowed materials (i.e., songs, stories, poems, pictures, photos, brand names, trademarks,
etc.) included in this module are owned by their respective copyright holders. Every effort has
been exerted to locate and seek permission to use these materials from their respective
copyright owners. The publisher and authors do not represent nor claim ownership over them.

Published by the Division of Romblon


Superintendent: Maria Luisa D. Servando, Ph.D.,CESO VI
OIC-Asst. Superintendent: Mabel F. Musa, Ph.D., CESE

Development Team of the Module


Writer/Layout: Gaycel M. Recto
Language Evaluator: Glaiza M. Molo
Content Evaluator: Rosalyn M. Wagwag
Layout Evaluator: Rosalyn M. Wagwag

Management Team: Patrick T. Patiño


Roselita F. Repizo
Remedios R. Mayor

Division Management Team:


Maria Luisa D. Servando, Ph.D., CESO VI
Mabel F. Musa, Ph.D.
Melchor M. Famorcan, Ph.D.
Apryl C. Bagnate-Project Coordinator
Ruben R. Dela Vega
Leopoldo M. Mago Jr.
Leona Lvnn F. Famorcan

Printed in the Philippines by


Department of Education – Region IVB,Schools Division of Romblon
Office Adress :Brgy.Capaclan, Romblon, Romblon
Email Adress :deped.sdoromblon@deped.gov.ph

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Lesson Intellectual Property, Copyright
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and Fair Use Guidelines

INTRODUCTION

The internet started in the 1960s as a way for government researchers to share
information. There is one exact moment that changed things forever, and that was when the
internet came out of our home. The Internet is still relatively young (it just celebrated its 32 nd
birthday in 2021) and yet the connectivity has already produced long-lasting effects.

Copyright has a relatively short history compared to other laws, and it helps to
understand how our Copyright Law developed. Understanding how the law protects private
interests, while it restricts some freedoms is important to help us accept the law, and perhaps
understand the real issues.

As with other rights, such as liberty and organization, intellectual property (IP) right are
often overlooked or disregarded simply because they are intangible. Yet, IP rights are
essential to the workings of our society, and upholding them means greater freedom to invent,
create, and advance.

After going through this module, you are expected to:

• Cite practical situations when to apply knowledge in intellectual property, copyright


and fair use guidelines

LESSON AND PRACTICES

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/)

• The intangible value we place on original, creative work: the ideas and concepts, and the
physical things that represent that effort. Inventions, songs, paintings, formulas, designs,
and the models, recordings, products etc. that result from or represent the creative effort.

TYPES OF IP

COPYRIGHT PATENT TRADEMARKS


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1. Copyright

A copyright is a collection of rights that automatically vest to


someone who creates an original work of authorship like a literary
work, song, movie, or software.

• These rights include the right to reproduce the work, to prepare


derivative works, to distribute copies, and to perform and
display the work publicly.
• The primary objective of copyright is to induce and reward
authors, through the provision of property rights, to create new
works and to make those works available to the public to enjoy.
• By granting exclusive rights to creators, which allow them to protect their creative works
against theft, they receive the benefit of economic rewards and the public receives the
benefit of the creative works that might not otherwise be created or disseminated.
• Copyright infringement is a violation of such right. Copyright infringement is against the
law and it can lead to criminal charges. One of the greatest dangers is that an instructor,
consultant, or learner will carry misinformation or careless behavior from personal uses
to professional use. Attitudes such as ‘I don’t think there’s anything wrong. ’ ‘Everyone
else does it.’ ‘It isn’t really hurting anybody.’ or ‘They won’t catch me.’ will create major
difficulties when carried over into the workplace.

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

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

WHAT CAN BE COPYRIGHTED?

Fiction or non-fiction writings, photographs, drawings, models, designs, software,


formulas, performances and recordings of dramatic or musical works - nearly any work of
intellectual expression; as long as three conditions are met: 1.) It is original, 2.) It includes a
degree of creativity, and 3.) It is in a fixed format. Facts, data and other non-creative
expression cannot be copyrighted- but the ‘expression’ of those facts, in a chart or graph for
example, may be.

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1. the right to reproduce
2. the right to distribute
The 4 Rights in Copyright
3. the right to display or perform the work in public
“All Rights Reserved’ 4. the right to create derivatives of the original work

2. Patent

• protects a product and/or process that are innovative, making it unlawful for anyone
else to copy – one of a kind.
• 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

3. Trade Marks
• protects a name, logo and/or symbol that is used to differentiate itself from its
competitor’s links with brandings.
• a sign capable of distinguishing the goods or services of one enterprise from those of
other enterprises.

FAIR USE

Fair use is a principle in Copyright Law that provides us with a limited ability to use
copyrighted material without getting permission for limited purposes: personal use, non-profit
uses, education, criticism or commentary, news reporting and parody. There are no hard rules
to determine if an intended use is a Fair Use, but there are ‘test criteria’ to help in making the
decision:

1. What is the purpose and character of the intended use?


2. What is the nature of the copyrighted work?
3. How much of the work will be used? And how important is that part?
4. How would widespread use of this work impact its market value?

Getting Permission
To avoid the effort and expense required to defend against and infringement claim, you should
get permission anytime you want to use work in a way that does not ‘fit’ the criteria for Fair
Use or there is a strong likelihood the material will be incorporated in a work for commercial
distribution.

Republic Act No. 8293 or the Intellectual Property Code of the Philippines

AN ACT PRESCRIBING THE INTELLECTUAL PROPERTY CODE AND ESTABLISHING


THE INTELLECTUAL PROPERTY OFFICE, PROVIDING FOR ITS POWERS AND
FUNCTIONS, AND FOR OTHER PURPOSES

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.
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PRACTICE EXERCISES

PRACTICE EXERCISE 1: IMPORTANCE OF INTELLECTAUL PROPERTY

An entrepreneur will want to protect an idea in order to recover the costs of bringing that idea
to the market. Enterprises often protects their products, processes, and ideas through
intellectual property. The existence of this protection means the business are more willing to
invest because they know their efforts will be safeguarded long enough to recover some of
their money invested.

TASK: Identify what type of intellectual property the following items are categorized as:
patent, copyright or trade mark. Write your answer on the blank provided.

1.

_________________________
Slam Dunk Character

2.

__________________________
Jollibee’s Symbol

3.

__________________________
Nike Logo
4.

_________________________
Coca-Cola Formula

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5.

__________________________
Starbucks Emblem
6.

__________________________
RedMi Note 10 Pro Design
7.

________________________
Disney Animation

8. __________________________
FPJ’s Ang Probinsyano Story Line Script

9.

___________________________
Palmolive Shampoo Formula

10.

__________________________
Modern “Pang-aaro” Equipment

Since you know what patent, copyright and trademark are write a one paragraph consisting
three to five sentences about the difference between the three.

_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________.

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PRACTICE EXERCISE 2: COMPLETE ME

Direction: Complete the sentences by providing the correct terms or phrases.

1. Copyright is a collection of __________ that automatically vest to someone who creates an


original work of ____________ like a literary work, song, movie, or software.

2. Fair use is a principle in Copyright Law that provides us with a limited ability to _______
copyrighted material without getting __________ for limited purposes

3. Copyright infringement is a ____________ of such ___________.

4. Patent protects a product and/or ________ that are ___________, making it unlawful for
anyone else to copy – one of a kind.

5. Trade Marks protects a name, logo and/or symbol that is used to ___________ itself from
its competitor’s links with _______________.

PRACTICE EXERCISE 3: PRACTICAL APPLICATION: UNDERSTANDING INTELLECTUAL


PROPERTY LAW, VALUABLE BUT INTANGIBLE

Intellectual property is incredibly valuable, but not always tangible. You must be able to
accurately identify intellectual property and articulate the characteristics of the laws that
protect it.

Directions: Read and analyze the scenario then answer the questions that follow.

SCENARIO 1: Protecting Ideas

Researchers all over the country are working on finding a cure for COVID-19. Many advances
have been made, but none that rise to the level of a “cure”. Let’s imagine that a prominent
university has a team of researchers who have made a significant breakthrough. They have,
in fact, formulated a medication that works in a way that is unique. No other drug present on
the market uses the ingredients and synthetic compounds as the new breakthrough drug.

Question:

• Do the researchers who developed the medication have to share their findings?
• How would the researchers protect their unique medication so that no one else can
profit from it (in the immediate future)?

Your stand on the issue:

_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
___________________________________.

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Let’s summarize our lesson by answering the following questions. Do it in your activity
notebook.

1. What is the difference between trademarks, patents, and copyrights? (3 points)

_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
________________________________________________________________________

2. What is meant by intellectual property? (2 points)

_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________

3. Do you agree with the idea that someone can “own” intellectual property? Why? (5 points)

_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________

WRITTEN WORKS

Multiple Choice
Directions: Read the statement carefully and encircle the best answer.
1. Linda comes up with an innovative way to market to her clients. This business secret is
likely something that can be protected by:
A. Patent B. Trade secret
C. Trademark D. Copyright
2. When is a creative and original work put in the public domain?
A. when it is posted in the Internet
B. when the phrase “All Rights Reserved” is not present
C. when it does not have a TM
D. when you have explicit permission from the author or owner
3. How can you make sure that your work is eligible for copyright protection.
A. You don’t need to do anything, as copyright protection is automatic.
B. Register the copyright with your national intellectual property agency
C. Post a copy of the work to yourself in a sealed envelope.
D. None of the above.

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4. Can you use the same trademark name as someone else?
A. No.
B. Yes.
C. Yes, as long as you have different logo.
D. Maybe yes, maybe no.
5. Fair use was created to allow all of the following except:
A. parody B. commentary
C. news reporting D. derivative works
6. All of the following are factors use to consider whether a use is fair or not, EXCEPT:
A. the nature of the copyrighted work
B. the amount and substantiality of the portion used in relation to the copyrighted
work as a whole
C. the source of the information
D. the effect of the use upon the potential market
7. The following are ‘test criteria’ to help in making the decision on fair use, EXCEPT:

A. How much of the work will be used? And how important is that part?
B. What is the purpose and character of the intended use?
C. What are story conventions from other sources?
D. What is the nature of the copyrighted work?
8. What copyright law which protects trademarks, patents and even various forms of
intellectual property?
A. Republic Act No. 8293 B. Republic Act No. 8090
C. Republic Act No. 8392 D. Republic Act No. 9053
9. If you are commenting upon or critiquing a copyright work – for instance, writing a book
review – what principle allows you to reproduce some of the work to achieve your purpose?
A. Patent B. Fair Use
C. Trademark D. Copyright
10. The following are examples of intellectual property, EXCEPT:
A. authors copyright on a book or article
B. a distinctive logo design representing a soft drinks company and its products
C. a patent on a particular process to manufacture a chewing gum
D. owning a song lyric copy-pasted from Google

PERFORMANCE TASK

Directions: Create a poster about rules of proper netiquette on Intellectual Property,


Copyright and Fair Use Guidelines. You are encouraged to use recycled materials found at
home. You can also make your design layout if you have cellphones or personal computers
at home. You can show and enumerate what you consider are proper guidelines to prevent
copyright problems. Your output will be rated based on the rubric below.

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MEDIA AND INFROMATION LITERACY Performance Task Poster Making

Rubric

Needs
Excellent Good Fair
Rubric Criteria Improvement
10 8 5
2
Content: Message is Message is Message is Message is
• How to clear, accurate, clear and clear and unclear and/or
prevent and strong accurate questionable inaccurate
copyright
issues?
All graphics All graphics All graphics Graphics and
and text are and text are and text relate text do not
related to the related to the to the topic. relate to the
topic and make topic and make Two borrowed topic and/or
Graphics and
it easier to it easier to graphics have three or more
Text
understand. All understand. no source borrowed
• Relevance
borrowed One borrowed citation. graphics do not
and
graphics have graphics have have source
Citations
a source no source citation.
citation. citation.

The poster is The poster is The poster is The poster is


exceptionally attractive in acceptably poorly
attractive in terms of attractive in designed and
Design and terms of design, layout, though layout is the layout is
Layout design, layout, and neatness cluttered cluttered
and neatness

Total Points

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Website
Source: “Research Guides: Copyright and Fair Use: Common Scenarios,”,
https://csulb.libguides.com/copyrightforfaculty/scenarios
Source: “Use Information Correctly: Copyright and fair Use”,
https://edu.gcfglobal.org/en/useinformationcorrectly/copyright-and-fair-use/1/
Source: “Intellectual Property, Copyright and Fair Use”, by Susan Barrett, March 19,
2014, https://www.slideshare.net/suebeeinaz/fair-use-34806482
Source: Library of Congress, U.S. Copyright Office, http://www.copyright.gov/
Source: Kenton, Will. “Copyright Definition.” Investopedia, 29 Mar. 2020,
Source: https://www.investopedia.com/terms/c/copyright.asp
Source: KnowBe4. “Phishing | What Is Phishing?” Phishing | General Phishing
Information and Prevention Tips, https://www.phishing.org/what-is-phishing
Accessed 9 July 2020.
Source: “Republic Act No. 8293 | Official Gazette of the Republic of the Philippines.”
Official Gazette of the Republic of the Philippines,
https://www.officialgazette.gov.ph/1997/06/06/republic-act-no-8293/
Accessed 9 July 2020.
Source: Teaching Guide for Senior High School MEDIA AND INFORMATION
LITERACY. Commission on Higher Education, 2016, p. 65.

Source: Zarate, Maria Jovita. Media and Information Literacy. First Edition, Rex
Bookstore, 2016.

Source: http://www.federislaw.com.ph/faqs-resources/copyright/

Source: “Media and information Literacy (mil) Legal, Ethical, and Societal Issues in
Media and Information (part 1)”, Mr. Arniel Ping, June 11, 2017

Photographs and Images


Source: “Hacker Group Composition with Computer Crimes Headline and Five Scammers
Steal Information Illustration | Free Vector.” Freepik, 11 Feb. 2020,
https://www.freepik.com/free-vector/hacker-group-composition-with-computercrimes-
headline-five-scammers-steal-informationillustration_6870813.htm#position=2

Source: https://pixabay.com/illustrations/network-technology-global-digital-3574748
https://julie808blog.wordpress.com/

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Practice Exercise No. 3
Scenario 1/Possible Answer
Metallica’s lawsuit absolutely raised a
legitimate complaint of copyright infringement.
Napster and its users violated copyright laws
by freely circulating creative material without
permission (or compensating) the owners of
the music.
Scenario 2/Possible Answer
The researchers do not have to immediately
share the technical details of their discovery.
Although other companies will eventually have
the opportunity to see and produce the drug,
the Constitution provides for the exclusive
right to profit from one’s discovery. This is
accomplished by obtaining a patent. Patents
provide a period of time in which a creator or
inventor can be the only entity who can profit
from their intellectual property.
Practice Exercise No.1
1. Copyright
Practice Exercise No. 2 2. Trade Mark
1. rights, authorship 3. Trade Mark
4. Patent
2. presenting, own 5. Trade Mark
6. Patent
3. attack, steal
7. Copyright
4. process, innovative 8. Copyright
9. Patent
5. differentiate, brandings 10. Patent
Key to Practice Exercises

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