MAIL-111_NOTES-for-Legal-Ethical-and-Societal-Issues-in-Media-and-Information.pdf

LEGAL, ETHICAL, and SOCIETAL ISSUES in MEDIA and INFORMATION INTELLECTUAL PROPERTY (IP) “Creations of the mind, such as inventions, literary and artistic works, designs and symbols, names and images used in commerce.” (WIPO) Republic Act 8293 - Intellectual Property Code of the Philippines WORLD...

LEGAL, ETHICAL, and SOCIETAL ISSUES in MEDIA and INFORMATION INTELLECTUAL PROPERTY (IP) “Creations of the mind, such as inventions, literary and artistic works, designs and symbols, names and images used in commerce.” (WIPO) Republic Act 8293 - Intellectual Property Code of the Philippines WORLD INTELLECTUAL PROPERTY ORGANIZATION (WIPO) the global forum for intellectual property services, policy, information, and cooperation. "responsible for the promotion and protection of intellectual property throughout the world through cooperation among states and, where appropriate, in collaboration with other international organizations, and for the administration of various treaties dealing with intellectual property rights." TYPES OF INTELLECTUAL PROPERTY (CLASSIFIED BY WIPO) 1. Copyright o a legal term used to describe the rights that creators have over their literary and artistic works. Commonly protected works by COPYRIGHT: - novels, poems, plays, reference works, newspaper articles - computer programs, databases - films, musical compositions, and choreographies - paintings, drawings, photographs, and sculptures - architecture - advertisements, maps, and technical drawings COPYRIGHT does NOT cover: "ideas, procedures, methods of operation or mathematical concepts" titles, slogans, or logos may or may not have copyright. TWO TYPES OF RIGHTS UNDER COPYRIGHT: Economic rights allow the rights’ owner to derive financial reward from the use of his/her works by others Moral rights protect the non-economic interests of the author COPYRIGHT INFRINGEMENT a violation of a copyright REGISTERING COPYRIGHT "help solve disputes over ownership or creation, as well as facilitate financial transactions, sales, and the assignment and/or transfer of rights" National Library of the Philippines Copyright Section Research and Publications Division T.M. Kalaw Avenue, Ermita, Manila Email Address: [email protected] 2. Patent  An exclusive right granted to an invention provides the patent owner the right to decide how or whether the invention can be used by others 3. Trademark o a sign capable of distinguishing goods or services of one enterprise from those of other enterprises This symbol is used for a trademark that has not been yet registered, but want to let others know that the trademark is in use and you will contest others’ use of it. This R symbol is an ownership warning, to let the public know that a trademark is registered and legally protected. It can only be used in combination with a registered trademark. 4. Industrial design Constitutes the ornamental or aesthetic aspect of an object/article. May consist of three-dimensional features, such as the shape or surface of an object, or of two- dimensional features such as patterns, lines or color. MINI COOPER (Designer: Alec Issigonis) The original Mini influenced a generation of car designers. Coca-Cola Contour Bottle (Designer Earl R. Dean) A masterpiece in industrial design that dates back to 1915. 5. Geographical Indications and Appellations of origin Sign used on goods that have a specific geographical origin and possess qualities, a reputation or characteristics that are essentially attributable to that place of origin. The “T’nalak Tau Sebu” or “Lake Sebu T’nalak” COPYRIGHT - A legal term used to describe the rights that creators have over their literary and artistic works. PATENT - Exclusive right granted to an invention. TRADEMARK - A sign capable of distinguishing goods or services of one enterprise from those of other enterprises. INDUSTRIAL DESIGN - Constitutes the ornamental or aesthetic aspect of an object/article. GEOGRAPHICAL INDICATION AND APPELLATION OF ORIGIN - sign used on goods that have a specific geographical origin and possess characteristics that are attributable to that place of origin. - FAIR USE limits the rights of holders who are entitled to reproduce works for a limited time period is a legal doctrine that promotes freedom of expression by permitting the unlicensed use of copyright- protected works in certain circumstances. (SOURCE: copyright.gov) Some works covered by FAIR USE a criticism or a commentary it is “transformative” a parody a news report an artistic expression or artifact; scholarly and it is not infringing and does not hurt the research works market value of the copyrighted material. a product of a time-shifting device such as a it is used solely for the purpose of scholarly TV program recorder analysis  it is only a small portion of the work and the an information found through Web search purpose is a commentary engines Common Examples of FAIR USE Student Projects Teachers’ instruction materials Sound or Video Clips used in classrooms Legal sharing using CREATIVE COMMONS CREATIVE COMMONS License enable copyright holders to easily change terms of copyright “from the default of all rights reserved to some rights reserved.” can “give people the right to share, use, and even build upon a [created] work.” as well as protect users against threat of copyright infringement with the condition that these users abide by the conditions specified by the owner or holder of the copyright. CC LICENSES ARE BASED ON THESE FOUR CONDITIONS: 1. Attribution (by) 3. Non Commercial (nc) 2. Share Alike (sa) 4. No Derivatives (nd) THE SIX MAIN CREATIVE COMMONS LICENSES or The Six Combinations of the CC Licenses: PUBLIC DOMAIN Work can be used, adapted, copied, and published completely without restrictions or permission needed. OTHER ISSUES IN MEDIA AND INFORMATION Plagiarism an act or instance of using or closely imitating the language and thoughts of another author without authorization; the representation of that author’s work as one’s own, as by not crediting the original author. EXAMPLES OF PLAGIARISM o Publishing someone’s work as their own. o Copying someone’s ideas or expression without giving credit to the owner. o Changing words but copying the structure of the sentence without permission from the author. o Giving incorrect information about the source of information. o Downloading research paper from the internet. o Hiring somebody to write an article for you. FORMS OF PLAGIARISM A. Direct plagiarism – copying someone’s ideas without citing it B. Self-plagiarism – the use of one's own previous work in another context without citing that it was used previously C. Mosaic plagiarism – replacing synonym of other’s work and maintaining the same meaning and overall structure of the topic D. Accidental plagiarism – paraphrasing someone’s work without giving due credit to the original author, forgetting to cite the original author and misquoting the sources of information Differences between PLAGIARISM and COPYRIGHT INFRINGEMENT - Not all plagiarisms are infringements and not all infringements are plagiarisms. - Plagiarism often covers things that are not covered by copyright. - Plagiarism is an ethical construct, while copyright infringement is a legal construct. - Plagiarism occurs when you use someone else’s words or ideas without giving credit to the original author while copyright infringement can occur if you infringe on the exclusive rights given to an author/creator. OTHER ISSUES IN MEDIA AND INFORMATION Cyberbullying - is a type of offensive action towards another which takes place using electronic technology. Internet addiction - otherwise known as online addiction, or computer addiction Digital divide - an economic inequality between groups in terms of access to, use of, or knowledge of Information and Communications Technology (ICT). Netiquette - Comes from the words “net”, short for internet, and “etiquette” which refers to the rules on how to behave properly and politely while using the internet. Virtual self -This is how we depict ourselves as we interact with people over the internet. Digital footprint - is a trail of data you create while using the internet.  10 CORE RULES OF NETIQUETTE Remember the human Share expert knowledge Adhere to the same standards of behavior Help keep flame wars under control online that you follow in real life. Know where you are in cyberspace Respect other people’s privacy Respect other people’s time and bandwidth Don’t abuse your power Make yourself look good online Be forgiving to other people