Ola, Winnie Fred: The Scope of “Educational Purpose” to Qualify as Exceptions in Limitations of Copyright

SY 2008-2009, First Semester


I. OBJECTIVE:

This paper aims to determine the rights and duties of professors with their works in conjunction with their employment in the Universities where they teach. With the issue on whether or not these kinds of works can be subject to the protection of law concerning new or artistic works made by creative individuals for the reason that the former were primarily derived or adopted from the latter which are posted over the internet.

This paper also seeks to know whether the Universities or institutions possess certain rights over the works of said professors during their employment period. With the issue on whether or not these can be published by the University management without incurring any liability under the law to the prejudice of the original owners thereof.

II. INTRODUCTION:

The Copyright Law has been adopted by Congress on June 06, 1997, which became effective on the first day of the year following its approval. The Law on Copyright was enacted for the purpose of protecting the rights of “genius” individuals having to create or have made some creations by their unique abilities.

The law is technical in some aspect, that the appreciation of its spirit can be ascertained only by means of strict reading and understanding of every words of its provision. Several provisions of this law are very technical that requires serious appreciation.

i. Definition of Terms:

In order for us to fully understand the discussions in the subsequent chapter of this research, the following important provision of the Copyright law must be made a reference which are very much applicable to this research, to wit:

a) Author – is the natural person who has created the work.

b) Collective Work – a work which has been created by two or more natural person at the initiative and under the direction of another with the understanding that it will be disclosed by the latter under his own name and that the contributing natural persons will not be identified.

c) Published Works – means works, which, with the consent of the authors, are made available to the public by wire or wireless means in such a way that members of the public may access these works from a place and time individually chosen by them: Provided, that the availabilities of such copies has been such, as to satisfy the reasonable requirements of the public, having regard to the nature of the work.

d) Rental – is the transfer of the possession of the original or a copy of a work or a sound recording for a limited period of time, for profit making purposes.

e) Reproduction – is the making of one or more copies of the or sound recording in any manner or form.

Copyright Law has provided two kinds of work protected under its ambit. These are:

f) The Original Works, which according to law are those original creations in the literary and artistic domain. Some of these works are:

  1. Books, pamphlets, articles and other kinds of writings;
  2. Periodicals and newspaper;
  3. Lectures, sermons, addresses, dissertations prepared for oral delivery, whether or not reduced in writing or other material form;
  4. Letters;
  5. Dramatic or dramatico-musical compositions; choreographic works or entertainment in dumb shows;
  6. Musical composition, with or without works;
  7. works of drawing, painting, architecture, sculpture, engraving, litography or other works of art; models or designs for works of art;
  8. Original ornamental designs or models for articles of manufacture, whether or not registrable as an industrial design, and other works of applied art;
  9. Illustrations, maps, plans, sketches, charts and three dimensional works relative to geography, topography, architecture or science;
  10. Drawings or plastic works of a scientific or technical character;
  11. Photographic works including works produced by a process analogous to photography; lantern slides;
  12. Audiovisual works and cinematographic works and works produced by a process analogous to cinematography or any process for making audio-visual recordings;
  13. Pictorial illustrations and advertisements;
  14. Computer programs; and
  15. Other literary, scholarly, scientific and artistic works

These works are protected by the sole fact of their creation, irrespective of their mode or form of expression, as well as of their content, quality and purpose.

g) The second work protected under this law is the Derivative Works. These are:

  1. Dramatizations, translation, adaptations, abridgements, arrangements, and other alterations of literary or artistic works;
  2. Collections of literary, scholarly and artistic works, and compilations of data and other materials which are original by reason of the selection or coordination or arrangement of their contents. It is necessary to note what derivative works are so that an individual opting to make this kind of works may validly use as a defense whenever any action that they may face in the future questioning their works alleging infringement of the Copyright.

The work of authors under Copyright law is not accorded with absolute right or monopoly over their work without any limitation. Here comes the pertinent provision of law on the limitation of owning a copyright. Limitations on Copyright is very important to know and understand so that Infringement to Copyright will be avoided. And also, as a defense of alleged Infringement being thrown to an individual by the owner of the work. The specific provision of the law on limitation on copyright is found in section 184 while the fair use in relation to copyrighted work is found in section 185.

Here, in order to be cleared up with the true meaning of the law particularly on the part of Limitation on Copyright, we have deal with it in presenting a particular situation wherein prevalently done at present. It is a situation wherein a Professor of certain University who made a work for purposes of his lecture in his class. The said professor derived his works from original works from the Internet. After, the same to which the works are intended to be used only, the works of said professor was subsequently published by the University Management on the concept that the University has the right over the work of their professor because it was done by the latter in connection with this duty as a professor.

A question now come to arise whether or not this work are copyrightable and whether the original owner’s of which the published work were derived can claim that their works were infringed by the professor and the university. And whether they can claim damages by reason of said act of publication.

ii. Laws Applicable:

The law applicable to the protection of these works, whether original or derivative works are:

(a) Principally, by Copyright Law, which was specifically designed for that effect.

(b) Secondarily, by the provision of the civil code whenever, necessary and applicable, such in the case of settlement of the owner of copyright and the transferee when the provision of the Copyright law are not deemed applicable between them.

The finding of a solution whether professors have to avoid violation of the law in making their research and works, guide must be made in the codal provision of copyright law, particularly part IV, Volume I, Commercial Code of the Philippines.

Second, as mentioned above, when the law on copyright is equitably applicable to both parties, help must be resorted to the general provision of the Civil Code of the Philippines. Most of the laws applicable to property rights in Copyright law are the law on Estoppel, Unjust Enrichment and Co-Ownership as regards to the joint ownership of the work.

iii. Limitations on Copyright:

In the ownership of copyright, does not necessarily mean that monopoly as pertaining to the work is absolutely accorded by law to the author or copyright owner. The Code has provided quantum to follow so that a User may not be under penalty in violation of Infringement as provided by law. These are:

Section 184, Chapter III of Copyright Law provides, the following acts shall not constitute infringement of copyright:

  1. The recitation or performance of a work, once it has been lawfully made accessible to the public, if done privately and free of charge or if made strictly for a charitable or religious institution or society.
  2. The making of quotations from a published work if they are compatible with fair use and only to the extent justified for the purpose, including quotations from newspaper articles and periodicals in the form of press summaries; Provided, That the source and the name of author, if appearing on the work, are mentioned.
  3. The reproduction or communication to the public by mass media of articles on current political, social, economic, scientific or religious topic, lectures, addresses and other works of the same nature, which are delivered in public such use is for information purposes and has not been expressly reserved: Provided, that the source is clearly indicated;
  4. The reproduction and communication to the public of literary, scientific or artistic works as part of reports of current events by means of photography, cinematography or broadcasting to the extent necessary for the purpose.
  5. The inclusion of a work in publication, broadcast, or other communication to the public, sound recording or film, if such inclusion is made by way of illustration for teaching purposes and is compatible with fair use: Provided, that the source and of the name of the author, if appearing in the work, are mentioned.
  6. The recording made in schools, universities, or educational institutions of a work included in a broadcast in a broadcast for the use of such schools, universities or educational institutions; Provided that such recordings must be deleted within a reasonable period after they were first broadcast: provided, further, that such recording may not be made from audiovisual works which are part of the general cinema repertoire of feature films except for brief excepts of the work;
  7. The making of ephemeral recordings by a broadcasting organization by means of its own facilities and for use in its own broadcast;
  8. The use made of a work by or under the direction or control of the Government, by the National Library or by educational, scientific or professional institutions where such use is in the public interest and is compatible with fair use;
  9. The public performance or the communication to the public of a work, in a place where no admission fee is charged in respect of such public performance or communication, by a club or institution for charitable or educational purpose only. whose aim is not profit making, subject to such other limitations as may be provided in the Regulations;
  10. Public display of the original or copy of the work not made by the means of a film, slide, television image or otherwise on screen or by means of any other device or process; Provided, that either the work has been published, or that the original or copy displayed has been sold, given away or otherwise transferred to another person by the author or his successor in title;
  11. Any use made of a work for the purpose of any judicial proceedings or for the giving of professional advice by a legal practitioner.

In Section 184.2, it further states that, the provisions of this section shall be interpreted in such a way as to allow the work to be used in a manner which does not conflict with the normal exploitation of the work and does not unreasonably prejudice the right holder’s legitimate interest.

It is noteworthy, therefore, that base on the above provision of Copyright as to the exploitation of the work, the owner must have allowed already its being accessible to the public, the source of the work and the use by the Government with regards to it. In summation, these allowable acts as pertaining to the work has a relation to the Economic Rights and Moral Rights which a creator of original work or derivative work inherently posses.

The provision of Fair Use of the work is also necessary in relation to the above provision in order that all the possible reasons in invoking violation of copyrightable work can be avoided.

iv. Policies of the Schools:

Schools, Universities and other Learning Institutions have policies in their management of their affairs including the works of their employees. Some of these are:

Guidance for Faculty on Copyright, Publication, and General Research Dissemination

In Indiana University, it provides in its circular 96-23, April 23, 1996: The increasing complexity of research and publishing places a growing burden on all faculty members to conduct research responsibly and to make critical decisions about the best means for dissemination of findings. Each of us must keep in mind that the sharing of research results is the highest priority in the publication process, but that process is often burdened with procedural and legal pitfalls. The following guidelines are intended to help faculty avoid those pitfalls as they seek the best means for publishing articles, books, and other creative works.
This guidance is presented in two parts. First are general guidelines to advise faculty of how to avoid potential procedural and ethical dilemmas. Second is an outline of applicable copyright law provisions pertaining to issues of dissemination and republication of personal research and writing.

A. Guidelines for Faculty Regarding Dissemination and Republication of One’s Own Research Findings and Writing

  1. In publishing in academic journals, obtain and follow the journal’s printed guidance to authors. If there is a provision with which you cannot comply, discuss the matter with the responsible authority at the journal.
  2. Many academic journals will not publish an article on findings of empirical research if the findings have been announced in any media source, including any discussion of your findings on the Internet. Consult the policies of the journals in which you plan to submit your research papers to determine whether the journal has such a policy.
  3. If you present empirical research findings as an abstract or poster at an academic conference and they are published in a copyrighted conference proceeding, attribute that presentation with a footnote or reference in later papers submitted for publication. Be aware that advance dissemination of findings may preclude publication in some academic journals.
  4. If you quote or paraphrase substantial portions of your own writing published elsewhere, cite that source.
  5. If you quote or paraphrase portions of writing of students working under your direction, be sure to appropriately credit the student work.
  6. Many research findings are patentable, and premature disclosure may jeopardize your ability to secure a patent. If you suspect that your work may be patentable, consult with the Office of Technology Transfer at Indiana University before making any disclosure in publications, on the Internet, or at conferences. Please keep in mind that patents can include a wide range of novel and useful works, including designs and computer software.
  7. Many academic disciplines or scholarly societies have developed ethical standards regarding the publication and use of research findings. Consult with your colleagues and with your professional societies for appropriate standards.

B. Applicable Principles of Copyright Law Regarding Dissemination and Republication of One’s Own Research Findings and Writing

To facilitate the more orderly management and control of a faculty member’s publication of intellectual works, please keep the following points of copyright law in mind:

  1. Copyright law protects the original expression as embodied in diverse works, including books, articles, software, visual works, art, and world wide web pages.
  2. Copyright does not protect facts and data, although it may protect an original arrangement or organization of data, such as a table or graph.
  3. Copyright protection is automatic for predictable works, from books and artwork to software and Internet messages. Registration and the use of the copyright notice on copies are no longer required, although they are good practice. Registration and the copyright notice can provide some additional legal benefits in the unlikely event of a lawsuit to protect your work
  4. Authors generally own the copyrights to their works, although an employer may be the lawful copyright owner under the work­made-for­hire doctrine.
  5. Works created by hired researchers and student assistants may not automatically qualify as “work­made-for­hire.” The copyrights to their works may continue to belong to the students or hired researchers. Therefore, you should have all such persons sign a copyright agreement preferably before beginning work.
  6. Some publishers require that the author assign to the publisher the copyright to articles and other works.
  7. A copyright assignment must be in writing and signed by the transferor. An oral assignment, or a copyright notice placed on the publication, does not have the effect of transferring the copyright from the author to anyone else;
  8. The written publishing agreement for publication of your work is the most important instrument for determining the copyright owner.
  9. The written agreement is also the best instrument for reserving specific rights of future use of your own work, if you need to assign the copyright to the publisher. Read your publishing contracts carefully! Feel free to ask questions and to negotiate terms that may be important to you.
  10. If you need to assign the copyright to the publisher, you should consider the range of possible future uses you might seek to reserve, e.g., making copies for your teaching and research; copies for teaching and research by others at the same university; revising and republishing the work as an article, a book chapter, a conference paper; or putting the work on your World Wide Web home page.
  11. If you assign the copyright to the publisher and you did not reserve specific rights, you could be infringing copyright when you use your own work, even if you cite the source and give full credit. “Fair Use” allows limited uses of a copyrighted work, but not all uses, even for nonprofit education purposes, are allowed without permission the copyright owner.
  12. In addition to avoiding infringements of copyrights that may be held by publishers, you should consult with your colleagues and supervisors about the ethical appropriateness of re­using your own writings and research findings.
  13. For further information about copyright, you will find a variety of materials available on the Copyright Management Center home page.

The policies of foreign Universities may vary in terms of their wording but their contents, which I think, would be in the same spirit that all of them would like to effectuate, including policies of Philippine Universities in connection with their rules and regulation and policies of works of their professors.

v. Employer-Employee Relationship:

Also, it is inevitable to ascertain even to the lightest extent what labor means in the Philippines. What is the relation of the University management and its professors. Whether their relation falls under the category of labor emphasized by the Labor Code. And to the extent of the rights of this employees (Professor’s).

According to Azucena book, Book II, the existence of employer-employee relationship, is determined by the presence of the following elements, namely;

  1. The selection and engagement of the employee;
  2. Payment of wages;
  3. Power to dismiss;
  4. Power to control the employee’s conduct. This is the most important element.

Now, come to us to include for proper understanding their relationship, we shall determine what is meant by employee and employer. The same book also explained extensively who are employees, the term employee:

a) Shall include any employee

b) Shall not be limited to the employee of any particular employer, unless the Act explicitly states otherwise

c) And shall include any individual:

  1. Whose work has ceased as a consequence of, or in connection with, any current labor dispute;
  2. And who has not obtained any substantially equivalent and regular employment.

It further provide, the definition embraces not only those who are usually and ordinarily considered employees, but also those who have ceased as employees as a consequence of a labor dispute. The term employee is not limited to those of a particular employer.

The term Employer, on the other hand, is “one who employs the services of others; one for whom employees work and who pays for their wages and salaries.”

It is also very relevant for us to know the kinds of employee under Philippine law, which under the Labor Code, specifically article 280, provides; “the provisions of written agreement to the contrary notwithstanding and regardless of the oral agreement of the parties, an employment shall be deemed to be regular where the employee has been engaged to perform activities which are usually necessary or desirable in the usual business or trade of the employer, except where the employment has been ficed for a specific project or undertaking the completion of termination of which has been determined at the time of the engagement of the employee or where the work or services to be performed is seasonal in nature and the employment is for the duration of the season.

An employment shall be deemed to be casual if it is not covered by the preceding paragraph….

Therefore, deciphering the provision succinctly, employees may be classified into, first, regular; second, project; third, seasonal and the last is, casual.

In conjunction with this provision, and particularly dealing with the ownership of copyright, section 178 of the Copyright law may come into play, which state;

Sec. 178.3, “in the case of work created by an author during and in the course of his employment, the copyright shall belong to:

a.) The employee, if the creation of the object of copyright is not a part of his regular regular duties even if the employee uses the time, facilities and materials of the employer;

b.) The employer, if the work is the result of the performance of his regularly-assigned duties, unless there is an agreement, express or implied, to the contrary”:

Sec. 178.4, “in the case of a work commissioned by a person other than an employer of the author and who pays for it and the work is made in pursuance of the commission, the person who so commissioned the work shall have ownership of work, but the copyright thereto shall remain with the creator, unless there is a written stipulation to the contrary.”

Hence, in solving the problem with regards to the ownership of the copyright, the work itself and consequences of the professors and university management are governed by these particular provisions of laws.

III. BODY:

A. PUBLICATION OF WORKS CREATED BY PROFESSORS:

i. Control of unpublished works:

The Bitlaw, explained the procedure how to preserve right over unpublished works, it states, Copyright notice is no longer necessary for a work to be protected under copyright law. For any work published after March 1, 1989, the copyright notice is strictly optional, though highly recommended. However, if a work was first published before March 1, 1989, copyright notice was required for the work to be protected under copyright. Works that were published without a copyright notice prior to this date may have lost all right to copyright protection.

Even though the copyright notice is no longer required, it should still be placed on all published works. Use of the notice is recommended for the following reasons:

  • it informs the public that the work is protected by copyright (and thereby helps to scare aware potential infringers);
  • it prevents a party from claiming the status of “innocent infringer”, which may allow a party to escape certain damages under the Copyright Act; and
  • it identifies the copyright owner and the year of first publication (so that third parties will know who to contact to request a license to the work).

There is no need to register the work with the Copyright Office or to seek any other kind of permission before using the copyright notice.
The copyright notice generally consists of three elements:

  1. The symbol © (the letter C in a circle), or the word “Copyright” or the abbreviation “Copr.”;
  2. The year of first publication of the work; and
  3. The name of the owner of copyright in the work.

Example: © 1996 Jane Doe

If the work is unpublished, the appropriate format for the notice includes the phrase “Unpublished Work” and the year of creation.

Example: Unpublished Work © 1995 John Doe

The “C in a circle” notice is used only on “visually perceptible copies.” Certain kinds of works–for example, musical, dramatic, and literary works–may be fixed not in “copies” but by means of sound in an audio recording. Since audio recordings such as audio tapes and phonograph disks are “phonorecords” and not “copies,” under the Copyright Act, the “C in a circle” notice is not used to indicate protection of the underlying musical, dramatic, or literary work that is recorded. Instead, a symbol composed of the letter “P” in a circle is used. Since computer software is considered to be visually perceptible (with the aid of a machine), the copyright notice for software should use the C in a circle format.

The notice should be affixed to copies or phonorecords of the work in such a manner and location as to give reasonable notice of the claim of copyright. For computer software, the copyright notice is generally placed on the medium of distribution (that is, on the diskette or CD-ROM used to distribute the software). In addition, it is wise to make the copyright notice visible on the screen when the program is executed. One way of doing this is to include the notice on a splash screen which is temporarily shown when the program is initially executed.

Copyright Registration:

Copyright registration is the process by which a formal claim of copyright is filed on a work with the U.S. Copyright Office. Registration is not a condition of copyright protection, although it is a prerequisite for filing a copyright lawsuit on U.S. origin works. However, it is possible to file a lawsuit on a previously unregistered work merely by filing an application for registration immediately prior to initiating the lawsuit.

Even though registration is not a requirement for copyright protection, the Copyright Act does provides several inducements or advantages to encourage copyright owners to file for copyright registration. Among these advantages are the following:

If registration is made within 3 months after publication of the work, it is possible to collect statutory damages and attorney’s fees in infringement actions (otherwise only actual damages may be collected);

If made before or within 5 years of publication, registration will establish prima facie evidence in court of the validity of the copyright and of the facts stated in the certificate;

Registration establishes a public record of the copyright claim and allows for the recordation of transfers of ownership of the copyright; and
Registration allows the copyright to be used to prevent the importation of infringing copies.

While, Ivan Hoffman,B.A., J.D., also provides ways for protection of unpublished works. He merely says, “Thus, unpublished works are protected by the copyright law and thus, if the defendants infringed on the said works, the plaintiff’s rights would be equally impacted as if the protected works had been published. 

In other words, even though the act of publishing the unpublished tests does not destroy the “market value” of the tests since in this instance the tests were never intended to be sold, it still can destroy the “value” of the tests since it would require the board to develop new questions etc.  And under any circumstances, the right of copyright in the unpublished material protects the copyright proprietor.  Except if the publication is protected by the fair use doctrine.

ii. Solicitation of Publishers:

It is imperative that the authors authorization to seek and negotiate with certain publishers in order that the negotiation itself and the subsequent act of publication of the work will be validly made. In the said negotiation, the metes and bounds of their respective rights must be specifically identifies so that their authority may not encroached the reserve right of one another.

B. ALTERNATIVES FOR TRANSFER OF RIGHTS FROM AUTHOR TO PUBLISHER:

According to Scott Bennet, Copyright law gives the creator of copyrighted work exclusive rights, including principally the right to publish the work in print or other media, to reproduce it (e.g., through photocopying), to prepare translations or other derivative works, and to authorize others to exercise any of these rights. These rights may be both segmented and transferred to others. Copyright creators may therefore transfer some or all of these rights to a publisher. The copyright creator may also retain ownership but grant licenses to other parties to exercise one or more of these rights. Copyright licenses may be exclusive or non-exclusive; for a specified period of time or for the full term of the copyright; royalty-free or royalty-bearing; for one medium or many; or de fined or restricted in various other ways.

Faculty and other academic authors have three options, broadly speaking, for managing their copyrights:

i. They can continue the frequent existing practice of transferring ownership of copyrights to publishers, in exchange for publication.

ii. They can reserve specified rights for themselves (e.g., the right to republish an essay in a book, the right to copy material for instructional purposes, etc.) but otherwise transfer ownership of the copyright to the publisher.

iii. They can retain ownership of the copyright and license to publishers all the rights the publishers need to conduct their business

Use of the first, is not advisable because it allows the publisher to prohibit or restrict many republication and educational uses of copyrighted works, without even approaching the author. The hardship in using the second option is in the hand of the author’s need to foresee everything he or she may wish to do with the work.

Faculty and other academic authors maximize their freedom to use their own work, and that of like-minded colleagues, when they decline to transfer copyrights to their scholarly work to publishers, but routinely grant publishers exclusive licenses for the first formal publication of their work (in print, digital, or some other form) and non-exclusive rights for at least the following purposes:

i. Subsequent republication of the work

ii. Reformatted publication (e.g., works transferred from print to microform and digital forms)

iii. Distribution through document delivery services

iv. Reproduction in course packs.

Faculty and other academic authors may often, but not routinely, wish to grant non-exclusive licenses to publishers for the following additional purposes:

i. Creating derivative works (e.g., translations, multi-media adaptations, etc.)

ii. Public performance and display of literary, musical, dramatic, and choreographic works, motion pictures, and other audiovisual works.

Finally, faculty and other academic authors who retain their copyrights may wish to grant a limited set of rights that any reader can exercise without explicit permission. These rights might involve the use of the author’s work for non-profit educational purposes.

There are four essential features of these recommendations. (1) The author retains all of his or her rights under the copyright law. This is essential to fostering the values described in the second section of this paper. (2) The right of first formal publication is licensed to the publisher and secures the publisher’s essential business interests while advancing the author’s interest in prestigious publication. This license for formal publication does not prohibit the author from using, if he or she wishes, a variety of informal means of circulating the work before formal publication, including self-publication (on a personal Web site) or unjuried publication on Internet lists used by a number of disciplines to provide early exposure to research results. (3) The non-exclusive rights granted for other activities permits the publisher to pursue sometimes important but secondary lines of business, but allows the author and others he or she may license to do the same. This freedom for alternative means of action creates now absent incentives for everyone concerned to act in competitive, cost-effective ways. (4) The author should be in a position to create any blanket grant of re-use rights he or she wishes, as a way of advancing education and simplifying rights management.

Additionally, the grant of both exclusive and non-exclusive rights may be time-bound. There may be circumstances, for instance, in which faculty and other authors might wish to limit the duration of an exclusive license to first formal publication or of a non-exclusive right to subsequent republication or the creation of derivative works. Or one might wish to grant a time-bound exclusive license for activities normally performed under a non-exclusive license.

C. ADMINISTRATIVE DUTIES UNDER THE POLICY:

The University management has also duties to contribute with regards to the information of the works of their professors, if they are legitimately allowed by the author and the law. It is their responsibility to distribute policy to the community comprising their institution as well as the rules of using the materials and the steps in relation to the policy. To ensure support with regards to studies, the terms in contracting with publishers in terms of the fair use of the work, its exemptions, the rights of the copyright owner, avoidance of infringement, and the presence of expert who could render advise from the making up to the full protection of the work.

Pertaining to protection of the work, it is also a duty of the management to give support opting to make work in accordance to its policies, the ways of indemnification of liabilities of individuals. To provide for the consequences of violation of copyright owners and how to determine this violative acts and the proper procedure of solving this acts. It is also important to take a request in using this kind of works with persons who are authorized to allow such use. The management should also take steps of allowing requests to use and the level or standard of approving the same. And most importantly is the consideration to the granting such as royalty, profit, sources and the period of the use.

D. THE DUTIES OF AUTHORS:

Making of a copyrightable work is not only the focus of an author of said work. He or she should also has the duty to make disclosure of works both merely copyrighted works and copyrighted works with possible commercial effect. His or her obedience to the policy and obtaining protection under copyright law together with asking permission to publish and the avoidance of comflicts with other authors.

IV. CONCLUSION:

In scrutinizing the discussion laid above, before using or having beneficial interest with certain work, it is a prerequisite that before using these Copyrightable Works, the Consent of the author whether Original or derivative work must be initially secured, otherwise infringement of copyright may come in to play. In order that the said use of the work will not prejudice the right original creator.

We also need to know that works of the Government, its officers and employees in any of its subdivisions and instrumentalities including the Government Owned and Controlled Corporation in lieu of their public duties are not copyrightable. However, even if Government works are not protected by Copyright Law, it is also inevitable to secure its prior consent before exploiting their work. Absent this consent is vital in claiming right over the exploited work. The government is not without any right over its works, under the law, it is entitled to royalty. A royalty where the percentage of which is not clear under the law because it has not specified a determinable level to impose.

Hence, consent is indispensable requisite before using a copyright protected work or in making a derivative work deriving from an original work.

In solving, our present question of whether or not University Management has a right to republish the works of their professors, which the latter made by means of copying with the works without consent from original authors and only for the purpose of lectures and teaching, the University Management has no right to use and republish the same. This is a clear violation of infringement and unauthorized publication of works under protection of copyright law. The mandate of the law has been crystal clearly violated without having obeyed its dictate.

Therefore, this humbly submission that the University Management has no right to perform the publication of this kind of works must be strictly implemented.


References

  • RA 8293, Intellectual Property Code of the Philippines
  • New Civil Code of the Philippines
  • Labor Code of the Philippines
  • http://www.copyright.gov.
  • Ivan Hoffman, B.A., J.D.
  • Scott Bennett
  • Bitlaw
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