SY 2012-2013, First Semester
- Data Protection Act
- The legality of Fan Art in the Philippines
- Would downloading constitute violation of law in the Philippines?
The Data Protection Act or Senate Bill No. 2965 “AN ACT PROTECTING INDIVIDUAL PERSONAL DATA IN INFORMATION AND COMMUNICATIONS SYSTEMS IN THE GOVERNMENT AND IN THE PRIVATE SECTOR, PROVIDING PENALTIES IN VIOLATION THEREOF, AND FOR OTHER PURPOSES protect individual with regard to the processing of personal data and on the free movement of such data.
It entails direct obligations on both data controllers and data processors.
Article 3, Section 4 of the Philippine Constitution prohibits any law that abridges the freedom of speech, of the press or the right to peaceful public assembly.
However, there’s a provision in Data Protection Act that penalizes journalists who publish confidential information.
Therefore Data Protection Act violates the constitutional freedom of expressions and the press.
Last August 2012, we are stunned that the Duchess of Cambridge, landed on a cover photo for Marie Claire magazine in South Africa. Duchess Kate Middleton was famous for her refusal to pose for Vogue magazine last 2011. Thus, the questioned is whether it is really Kate Middleton or not. It turns out, that the photo is a fan art tribute to fashion’s new royal icon and hyper-real illustration of Kate Middleton.
In the Philippines, fan art speak innovations with today’s technology. Oftentimes, it promotes opportunities for artist to profit from their digital imagination. However fan art is always a subject of legal controversy, whether it is copyright infringement or legal.
Fan art is visual artistic creations based or inspired by an original source material, created by fans, for fans. Also, fan art is already part of our communities, it may come from different forms, mediums, styles, drawn or painted either traditionally or digitally. Its classification is graphic arts, videos and images in movement. Furthermore, fan art is an amateur art for a specific TV show, movie, book, or other media event not owned or created by the artist. Therefore, fan art maybe considered as derivative works.
Derivative works of an original artist is protected under section 173.1.A of the Copyright law of the Philippines (RA 8293). Provided however under section 173.2, that such new work shall not affect the force of any subsisting copyright upon the original works employed or any part thereof. Therefore, fan art maybe considered as copyright infringement under Philippine law when sold because the original source was modified or enhanced. In relation to Section 185 fair use of a copyrighted work, state that as long as the artist will not profit from his creation it not be considered a copyright infringement.
Fan art may not be independence from the original work, but there is an innovative expression and idea even if the specific subject matter is not original.
Fun art is fun and it means business and innovations. As a tribute to iPhone gadget shown during the Apple event this month of September 2012, there were 11 pieces of creative fan art was created by an artist with a unique talent and innovative skills.
To download means a file is transferred onto a computer from another computer or the internet. Also, it is a transfer of a program or data file from a central computer to a remote computer or to the memory of an intelligent terminal. (Collins Discovery Encyclopedia)
The internet is an innovative source of downloading data file. Oftentimes, sensitive information can be downloaded. In today’s technology, downloading is somewhat fast and free of charge. Downloading will results to the creation of copy, which is one of the exclusive rights of the copyright holder. Therefore it is a violation of the Philippine copyright law, protected in the Intellectual Property Code of the Philippines, also known as Republic Act No. 8293. However, both unauthorized uploading and downloading of copyright protected works is illegal.
There are laws enacted to safeguard unathorized access to files on the internet, which are three Strikes law, ACTA and SOPA.
Three Strikes law significantly increases the prison sentences of persons convicted of felonies who have been previously convicted of a violent or serious felony, and limits the ability of these offenders to receive a punishment other than a prison sentence. The Three Strikes measure could result in a reduction in crimes committed by repeat offenders incarcerated for longer periods under its provisions, thus resulting in savings to local and state governments. On the otherhand, Anti-Counterfeiting Trade Agreement (ACTA), is a multinational treaty for the purpose of establishinng international standards for intellectual property rights enforcement. Moreover, Stop Online Piracy Act (SOPA) law would expand existing criminal laws to include unauthorized streaming of copyrighted content, imposing a maximum penalty of five years in prison.
Downloading may constitute violation of the Philippine anti piracy law. On the news article published by the Philippine star last Sept 12, 2012 entitled Law on direct downloading in Philippine sought,according to the article, to further lower the rate of media piracy in the country, the Optical Media Board (OMB) has called on legislators to create a law concerning direct downloading on the Internet. OMB stress that that having a law on direct downloading of copyrighted materials is essential since the Philippines had been a member of the World Intellectual Property Organization (WIPO) for about a decade already; but the country doesn’t have any substantial law addressing the problem.In the news article published by InterAksyon.com, the House of Representatives has filed a bill that aims to penalize acts of online piracy in the Philippines, with fines as hefty as P1 million for convicted offenders.
House Bill No. 6187, also known as the “Anti-Online Piracy Act,” was filed by Buhay Party List, in an attempt to protect the intellectual property rights of workers in the creative and entertainment industries. According to House Bill No. 6187, it shall be the policy of the State to recognize the right to develop and maintain the protection of the rights of authors in their artistic works. Towards this end, the government shall exert efforts to combat online piracy that has seriously damaging the entertainment industry.
The bill proposal of New Zealand, the Government’s “three strikes” system requires internet companies to issue warning notices to customers suspected of illegally downloading copyright content – such as movies or music – at the request of those who own the rights to it. After a third notice, rights holders can bring a case before the Copyright Tribunal. The penalty that is imposed is up top $15,000.
In United Kingdom (UK), Digital Economy Bill has been passed into law. Digital Economy Bill, is a broad suite of legislation aimed at bringing Britain into the digital age. It follows proposals about digital media set out in the Digital Britain White Paper published by the government in June 2009. The aspect that has received the most attention is measures designed to curb illegal file-sharing. these measures being brought in because the government says it wants to protect the UK’s creative industries, which it says is under threat from piracy (sources BBC NEWS ).