SY 2012-2013, First Semester
- Is your Personal Data secured?(Data Privacy Act of 2011)
- Fan Art-Legally Acceptable or Not?
- Caveat:Protect your Intellectual Property
Is your Personal Data secured? Nowadays, we are not anymore certain that our personal information given to third parties are still secured or kept with confidentiality. Some of us, were apparently troubled by those private or government sectors who can’t control the disclosure of their client’s personal information.
It is a fact that most of the companies located in the Philippines are implementing their own guidelines with respect to handling personal information. I, myself is a witness to that. Our company sees to it that we complete and must fully understand the importance of Handling Personal Information through a mandatory training module in compliance with our Global Standards.But, is this enough for every individual to be assured that their personal data will not be disclosed to third parties? For some, it can be a YES,but for people who have a high profile would not probably agree or should I say satisfied with just such an internal control policy. To end the agony of each and every person, a bill has been passed to protect the individual’s personal information and this was called “Data Privacy Act of 2011”.
Last September 21, 2011, in the senate session, Senator Edgardo J Angara introduced the details of the act for protecting data to restrict data and information fraudulences. The measure is taken by special recommendation of the ICT to enhance the smooth functioning of the Information Technology (IT) and Business Process Outsourcing (BPO) sector in the nation. The session was also addressed by eminent personalities from the Business Process Association of the Philippines (BPAP). Delegates from the Foreign Chamber of Commerce were also present on the day.
On his speech Angara said, in the current scenario the BPO and IT sector is facing issues such as identity theft, data manipulation, information fraudulence and etc as we have to reveal the personal information to a third party vendor and there are loop holes and pith holes for corrupted people to access our personal information and details. It is time for us to say enough! We can’t continue this corruption to be followed any more.
According to him, out of 22 countries that has to go through severe situations caused by data violate in the previous year, the nation is one among. Today hacking and malware is a trend, but it cannot be promoted, right rules and regulations are essential to suppress these mishaps, he added.
The introduced law is to ensure that data manipulation is taken care of, particularly in both private and public sector. The Data privacy act along with Cybercrime Prevention act will make sure that unauthorized access to data is regulated, individuals revealing their data for services are not harmed, and also putting limits to the liberty of data collections from buyers by the service providers. Limits to data collection means any service provider or vendor can only collect information about the client and customer which is required for the transaction process. There are many vendors who collect information in addition to what they require.
He also said that the implementation of new rules and regulations will enhance the outsourcing business. Service buyers will be more confident enough to get into a contract with any service provider in the Asia-Pacific offshore region. There are many service buyers who are looking forward to outsource healthcare information management related jobs to the offshore which has direct access to the key information and details of any customer. Implementation of the Data privacy act will make such clients to be more confident to disclose the personal details.
As a good citizen of this nation and a future administrator of justice, I strongly hope that proper implementation of this act will be made and justice will be served to those people whose rights were violated.
Audemus jura nostra defendere! ( We Dare To Defend Our Rights)
FAN ART- Its Definition
FAN ART is merely a graphic representation of various media forms that have numerous fans. The term, while it can apply to art done by fans of characters from books, is usually used to refer to art derived from visual media such as comics, movies or video games. In addition to traditional paintings and drawings, fan artists may also create web banners, avatars, or web-based animations, as well as photo collages, posters, and artistic representation of movie/show/book quote. Fan Art is based on someone else creation.
Fan Art in Terms of Copyright
WHAT IS COPYRIGHT?
Copyright means that, as the author of the work, you, and you alone have the right to do any of the following or to let others do any of the following:
- Make copies of your work;
- Distribute copies of your work; (this includes selling it, like how we sell prints)
- Perform your work publicly (such as for plays, film, dances or music);
- Display your work publicly (such as for artwork, or stills from audiovisual works, or any material used on the Internet or TV).
- Make “derivative works” (including making modifications, adaptations or other new uses of a work, or translating the work to another media)
So, if you do something, fixed on some medium (paper, digital data… Etc) you automatically OWN the copyright. Of course you can trespass that right to someone else, via contract, but that is not the question that we are trying to answer here. We need to determine if Fan Art is Legal here in the Philippines.
Fan Art is a Derivative Work of the original source. To further understand if there’s a legal basis for this, the specific section from the Intellectual Property Code of the Philippines which is known as R.A 8293 has been provided below:
Section 173. Derivative Works. – 173.1. The following derivative works shall also be protected by copyright:
(a) Dramatizations, translations, adaptations, abridgments, arrangements, and other alterations of literary or artistic works; and
(b) 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. (Sec. 2, [P] and [Q], P.D. No. 49)
173.2. The works referred to in paragraphs (a) and (b) of Subsection 173.1 shall be protected as new works: Provided however, That such new work shall not affect the force of any subsisting copyright upon the original works employed or any part thereof, or be construed to imply any right to such use of the original works, or to secure or extend copyright in such original works. (Sec. 8, P.D. 49; Art. 10, TRIPS).
It’s clearly construed that only the copyright owner had the right of making derivative works. Does this means that Fan Art is Illegal?Technically YES. Since, Fan Art of copyrighted characters have no legal protection. But if we refer to the below section, we can easily understand the things that we need to consider for us not to commit a copyright infringement.
Section 185. Fair Use of a Copyrighted Work. – 185.1. 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 understood here to be the reproduction of the code and translation of the forms of the computer program to achieve the inter-operability of an independently created computer program with other programs may also constitute fair use. In determining whether the use made of a work in any particular case is fair use, the factors to be considered shall include:
(a) The purpose and character of the use, including whether such use is of a commercial nature or is for non-profit educational purposes;
(b) The nature of the copyrighted work;
(c) The amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
(d) The effect of the use upon the potential market for or value of the copyrighted work.
Since there’s still no jurisprudence that will prove that such Fan Art is Legal nor Illegal, then we can honestly conclude that, FAN ART can be accepatable here in the Philippines if:
a. Copyright holders, for good reasons, tolerate fan art and even encourage it, but this should not be taken as a discretion to do what you want with the source material.
b. You license a work from its Author so you can make a derivative work agreed upon.
c. The use of Fan Art will satisfy the Doctrine of Fair Use.
Internet as a medium of Free Expression
The Internet has enabled and accelerated new forms of human interactions through instant messaging, Internet forums, and social networking. Online shopping has boomed both for major retail outlets and small enterprises and traders. Business-to-business and financial services on the Internet affect supply chains across entire industries. Through internet, we can easily transfer data from one point of destination to another point of destination. In short, people nowadays consider the internet as a basic essential to their day-to-day activities.
File sharing is an example of transferring large amounts of data across the Internet. A computer file can be emailed to customers, colleagues and friends as an attachment. It can be uploaded to a website easy download by others. It can be put into a “shared location” or onto a file server for instant use by colleagues. The load of bulk downloads to many users can be eased by the use of “mirror” servers or peer-to-peer networks. In any of these cases, access to the file may be controlled by user authentication, the transit of the file over the Internet may be obscured by encryption, and money may change hands for access to the file. The price can be paid by the remote charging of funds from, for example, a credit card whose details are also passed usually fully encrypted across the Internet.
Streaming media is the real-time delivery of digital media for the immediate consumption or enjoyment by end users. Many radio and television broadcasters provide Internet feeds of their live audio and video productions. They may also allow time-shift viewing or listening such as Preview, Classic Clips and Listen Again features. These providers have been joined by a range of pure Internet “broadcasters” who never had on-air licenses. This means that an Internet-connected device, such as a computer or something more specific, can be used to access on-line media in much the same way as was previously possible only with a television or radio receiver. The range of available types of content is much wider, from specialized technical webcasts to on-demand popular multimedia services. Podcasting is a variation on this theme, where,usually audio material is downloaded and played back on a computer or shifted to a portable media player to be listened to on the move. These techniques using simple equipment allow anybody, with little censorship or licensing control, to broadcast audio-visual material worldwide.
Internet activities:Might lead to Copyright Infringement
Copyright infringement is the unauthorized use of works under copyright, infringing the copyright holder’s “exclusive rights”, such as the right to reproduce or perform the copyrighted work, spread the information contained within copyrighted works, or to make derivative works. It often refers to copying “intellectual property” without written permission from the copyright holder, which is typically a publisher or other business representing or assigned by the work’s creator.
“downloading copyrighted works, shared by others who are not copyright owners of such works, is an act of copyright infringement on the part of the downloader.”
Since the web is open to the public, many users think that copying or downloading some information, movies, music and the like from the internet is okay. They are not aware that copying, distributing, downloading and uploading of these works on the internet may infringe the rights of the copyright owner. Generally speaking, every audio, visual or written work has copyright protection unless that protection has expired or the creator places it in the public domain. The work does not have to have a copyright notice or a copyright symbol to be protected by copyright. If you cannot determine whether or not a work is copyrighted assume that it iscopyrighted.
Thus, the act of downloading copyrighted works shared by others who are not copyright owners of such work, is an act of copyright infringement on the part of the downloader if he will not get permission before doing the download from the copyright owner.
On the other hand, you may use all or part of a copyrighted work legally if you have the copyright owner’s permission or be qualified for a legal exception that is called “FAIR USE” stated in section 185 of the Intellectual Property Code of the Philippines.
AGREE OR DISAGREE: Let’s Hear the Other Side
Several countries around the world have already laws that are being implemented to protect people’s Intellectual property. To start with, we have the ” Stop Online Piracy Act (SOPA) and the “Protect IP Act” (PIPA).These are bills in the U.S. House of Representatives and the the U.S. Senate, respectively.These bills are presented as effort to stop copyright infringement committed by foreign websites. Similar to this, we have the New Zealand’s”Three Strike Rule” wherein illegal downloaders who will be caught three times will be fined and the United Kingdom’s “Digital Economy Act 2010”.This act establishes a system of law which aims to first increase the ease of tracking down and suing persistent infringers, and after a minimum of one year permit the introduction of “technical measures” to reduce the quality of, or potentially terminate those infringer’s Internet Connections.
It is a fact that these laws will certainly protect the copyright owners and will apparently be benefited. But, did they consider the impact of these laws to all internet users? The people and Institutions that were affected and will be affected by the said laws? Let’s hear the other side of the story. SOPA and PIPA would put the burden on website owners to police user-contributed material and call for unnecessary blocking of entire sites. Small sites won’t have sufficient resources to defend themselves. Big media companies may seek out funding sources for their foreign competitors, even if copyright isn’t being infringed. Some foreign sites would be prevented from showing up in major search engines. An example of this is the Wikipedia wherein it would be threatened in many ways. In its current form, SOPA could require Wikipedia to actively monitor every site we link to, to ensure it doesn’t host infringing content.
People don’t want websites they like to be taken offline, as that tactic could be abused to suppress whistleblowers, competitors, or free speech. There must be some alternative legal tools to protect global intellectual property rights without jeopardizing the openness of the internet. To sum it up, we can definitely conclude that, any legislation intended to combat online piracy should be scrutinized if it would really work without harm.
Philippines to have a law against Online Piracy
It is good to know that, there’s already a proposal for a bill to combat online piracy in the Philippines. It’s also quite good that the congress and the senate are taking this into consideration. But what’s not good to hear is that they would pass a bill similar to SOPA or PIPA of the United States. If you’re going to read some articles related to these Acts, you will realize that majority of the writers who voiced out their opinions are against these acts because of the negative impact to the internet users as well as to website owners. The congress and the senate must first consider the impact of this, before the proposal will be enacted into a bill. They should also consider the monetary fund that will be used to implement this. Thus, I’m opposing the passage of this bill similar to SOPA and PIPA. But, I’ll support a bill that would definitely benefit the majority, meaning, copyright owners can claim damages against illegal downloaders and parties illegally lifting their copyrighted works. On the other hand, Allow internet users or website owners to enjoy their freedom and privacy through the internet. In line with this, should the Philippines get involve with the so- called “Anti-Counterfeiting Trade Agreement (ACTA)? The agreement was signed by 8 countries in October 2011 and another 24 countries in 2012. As we can see, there’s quite a large number of signatories of this agreement, but we can also notice that none of them have ratified it. This agreement would come into force after ratification by six countries. I don’t think the Philippines will enter and ratify the ACTA treaty, to remedy online piracy.
If we’re going to analyze the current status of the ACTA treaty, no countries have ratify it yet. We can conclude that majority of the people opposed the convention since it adversely affects fundamental rights including freedom of expression and privacy. Also, according to a British national, the intended benefits of this International agreement are far outweighed by the potential threats to civil liberties. Thus, I will strongly disagree with the passage of the bill as well as the participation of the Philippines with the said ACTA treaty.