MEDIA AND INFORMATION LITERACY Module 7: LEGAL, ETHICAL, AND SOCIETAL ISSUES IN MEDIA AND INFORMATION INTELLECTUAL PROPERTY (IP) Is the “creation of the mind, such as inventions, literary and artistic works, designs and symbols, names, and images used in commerce”. World Intellectual Property Organization (WIPO) WORLD INTELLECTUAL PROPERTY ORGANIZATION (WIPO) Is 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 DESCRIPTION TERMS COVERAGE 1. COPYRIGHT Legal term used to describe the rights Books that creators have over their literary Music and artistic works. Paintings Sculptures Films 2. PATENT Provides the patent owner with the right to decide how, or whether the invention can be used by others in exchange for this right. Exclusive right granted for an invention The patent owner makes technical information about the invention publicly available in the published patent document. A sign capable of distinguishing goods or services of one enterprise from those of other enterprises. Products sold or services offered by a business entity Design of an object (shape or surface, patterns, lines, or colors) The name of the place of origin of goods/products) 3. TRADEMARK 4. INDUSTRIAL DESIGN 5. GEOGRAPHICAL INDICATION AND APPELLATION OF ORIGIN Dates back to ancient times when craftsmen used to put their signature or “mark” on their products Constitutes the ornamental or aesthetic aspect of an article/object 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. Computer Programs Databases Advertisements Maps Technical drawings COPYRIGHT The protection of one’s expressions which only becomes tangible and concrete when objects are created as manifestation of these expectations. Does not cover “ideas, procedures, methods of operation or mathematical concepts”, because no one person or institution can claim sole ownership of these. COMMONLY PROTECTED Literary works such as novels, poems, plays, reference works, newspaper articles Computer programs, databases Films, musical compositions, and choreographies Artistic works such as paintings, drawings, photographs, and sculpture Architecture Advertisements, maps, and technical drawings 2 TYPES OF RIGHTS UNDER A COPYRIGHT LAW 1. Economic Rights 2. Moral Rights • The rights of an owner/author to be • The rights to non-economic interest of properly compensated financially upon the author. his or her permission for the work to be used by another. THE INTELLECTUAL PROPERTY LAW OF THE PHILIPPINES • The Philippines, as a State signatory in the Convention Establishing the World Intellectual Property Organization, is duty-bound to pass a law on intellectual property protection. Thus, the enactment of Republic Act 8293, otherwise known as “The Intellectual Property Code of 1997”. INTELLECTUAL PROPERTY RIGHTS CONSIST OF: Copyright and related rights; Patents Trademarks and service marks; Lay out-designs (Topographies) of integrated circuits; Geographic indications; Protection of undisclosed information Industrial designs TERMS RELATED TO COPYRIGHT 1. Author The natural person who has created the work. 2. Collective Work A work which has been created by two (2) or more natural persons 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 contributing natural persons will not be identified. 3. Communication to the public or communicate to the public The making of a work 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 4. Public Lending The transfer of possession of the original or a copy of a work or sound recording for a limited period, for non-profit purposes, by an institution; the services of which are available to the public, such as public library or archive. 5. Public Performance In the case of a work other than an audiovisual work, is the recitation, playing, dancing, acting or otherwise performing the work, either directly or by means of any device or process. In the case of an audio-visual work, the showing of its images in sequence and the making of the sounds accompanying it audible. In the case of a sound recording, making the recorded sounds audible at a place or at places where persons outside the normal circle of a family and that family’s closest social acquaintances are or can be present at the same place and at the same time, or at different places and/or at different times, and where the performance can be perceived without the need for communication within the meaning of subsection 171.3 6. Published Works 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 availability of such copies has been such, as to satisfy the reasonable requirements of the public, having regard to the nature of the work 7. Rental 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. 8. Reproduction The making of one (1) or more copies of a work or a sound recording in any manner or form (Sec. 41 E, P.D. No. 49 a) 9. Work of Applied art An artistic creation with utilitarian functions or incorporated in a useful article, whether made by hand or produced on an industrial scale. 10. Work of the Government of the Philippines A work created by an officer or employee of the Philippine Government or any of its subdivisions and instrumentalities, including government-owned or controlled corporations as a part of his regularly prescribed official duties. COPYRIGHT PROTECTED WORKS Under Philippine copyright, both original works and derivative works are protected. Original works Derivative works Are those that are literary or artistic in nature which include the following: Philippine copyright books, pamphlets, Dramatizations, translation, adaptation, articles, and other writings abridgements, arrangements, and other Periodicals and newspapers alterations of literary or artistic works Lectures, sermons, addresses, and Collection of literary, scholarly or artistic dissertations prepared for oral delivery, works, and compilations of data and other whether or not reduced in writing or other materials which are original by reason of the material form section or coordination or arrangement of Letters their contents. Dramatic or dramatico-musical (sec. 2, [P] and [Q], P.D. No. 49) compositions; choreographic works or entertainment in dumb shows Musical compositions, with or without words Computer programs Works of drawing, painting, architecture, sculpture, engraving, lithography, or other works of art; models or designs for works of art. Original ornamental designs or models for articles of manufacture, whether or not registrable as an industrial design, and other works of applied art Illustrations, maps, plans, sketches, charts and three-dimensional works relative to geography, topography, architecture or science. Drawings or plastic works of a scientific or technical character Photographic works including works produced by a process analogous to photography; lantern slides Audiovisual works and cinematographic works and work produced by a process analogous to cinematography or any process for making audio-visual recordings; Pictorial illustrations and advertisements Other literary, scholarly, scientific and artistic works WORKS NOT PROTECTED 1. UNPROTECTED SUBJECT MATTER 2. WORKS OF THE GOVERNMENT • Any idea, procedure, system, method or • Any purpose of statutes, rules and operation, concept, principle, discovery regulations, or mere data as such, even if they are and speeches, lectures, sermons, addresses, expressed, explained, illustrated or and embodied in a work. dissertations, pronounced, read or rendered in courts of justice, before administrative agencies, in deliberative assemblies and in meetings of public character. (Sec. 9, first par., P.D No. 49) • • News of the day and other miscellaneous facts having the character of mere items of press information Any official text of a legislative, administrative or legal nature, as well as any official translation. FAIR USE • Also referred to as “fair use or fair dealing clause”. • Limits the rights of holders who are entitled to reproduce works for a limited time period. • The rationale of fair use is to “guarantee a breathing space for new expression within the confines of Copyright Law”. In other words, if copyright holders have complete control of their works, information may be constrained and restrained from ever reaching a wider audience. EXPIRATION OF A COPYRIGHT TERM • Empowers the general public to have unlimited access and use of the work as it has become part of the “public domain”. LEGAL SHARING USING CREATIVE COMMONS • Apart from invoking fair use, licenses provided by Creative Commons (a non-profit licensing organization) can enable the legal sharing and use of works. CREATIVE COMMONS LICENSE • Enable copyright holders to easily change terms of copyright “from the default of all rights reserved to some rights reserved.” • “licenses are not an alternative to copyright… [they] work alongside copyright” to modify the copyright terms to best suit the need of the copyright holder. • Give people the right to share, use, and even build upon a [created work] (e.g., automatic permission for non-commercial use of a 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. • Has opened opportunities for universal access through “a free, public, and standardized infrastructure” of sharing content and information within the bounds of free flow of information and protection of copyright. FLAME WAR • Information is a valuable intellectual commodity; thus, you are expected to consume information as responsibly as possible. • Part of the responsible use of information is the maintenance of appropriate behaviour in the production, consumption, and sharing of information. FLAMER • someone who knowingly attacks other netizens, or expresses in aggressive manner his opinion on controversial issues. 1. 2. 3. 4. TERMS ON THE INTERNET Flame- refers to offensive messages. Flame War- a series of angry, critical, or disparaging comments exchanged by two or more people in an ongoing online argument. Troll- an individual who posts false accusations or inflammatory remarks on social media to promote a cause or to harass someone Flaming- the act of posting or sending offensive messages over the Internet. RESPONSIBLE NETIZENSHIP FLAME WARRIOR an indication of one’s failure to be a responsible netizen. • Flame warriors are not necessarily consciously violating these rules but instead they might only be too emotional or opinionated in expressing their thought. • They may often fail to display good netiquette. Netiquette • Refers to observing proper etiquette as you engage in activities over the Internet. PRESENTING YOURELF AND MANAGING IMPRESSIONS “Think before you click” simply means that before you post anything on the Web, you have to think through the repercussions of sharing that information. CYBERBULLYING • An ill-managed impression often invites unwanted, offensive, and perhaps violent responses from other people. • • One of the worst kinds of flaming activities because even innocent people are victimized. A type of offensive action toward another which takes place using electronic technology. INTERNET ADDICTION • Also known as computer addiction, online addiction or Internet addiction disorder (IAD) is an impulse-control problem (HealthGuide.org,) • Internet addiction is often triggered by factors such as stress, anxiety, depression, some other forms of addiction, lack of social support, inactivity, and unhappiness. FORMS OF INTERNET ADDICTION 1. CYBERSEX ADDICTION Compulsive use of Internet pornography, adult chat rooms, or adult fantasy role-play sites impacting negatively on real-life intimate relationships. 2. CYBER-RELATIONSHIP ADDICTION addiction to social networking, chat rooms, texting, and messaging to the point where virtual, online friends become more important than real-life relationships with family and friends. 3. NET COMPULSIONS such as compulsive online gaming, gambling, stock trading, or compulsive use of online auction sites often resulting in financial and job-related problems. 4. INFORMATION OVERLOAD Compulsive web surfing or database searching, leading to lower work productivity and less social interaction with family and friends. 5. COMPUTER ADDICTION Obsessive playing of offline-computer games or obsessive computer programming. 1. 2. 3. 4. 5. Signs and symptoms of Internet/computer addiction Less conscious of the time sent online or with gadgets that enable Internet access. Failing to complete tasks or activities intended to be finished at the time you were using the Internet. Less time with friends and family. Lack of remorse for your excessive Internet use. More excited with Internet activities rather than physical activities PLAGIARISM • “taking over the ideas, methods, or written words of another, without acknowledgement and with the intention that they be taken as the work of the deceiver”. • You use other’s ideas or words without informing your readers/audience of the origin of the information. TYPES OF PLAGIARISM A. SOURCES NOT CITED B. SOURCES NOT CITED THE GHOST WRITER THE FORGOTTEN FOOTNOTE The writer turns in another’s work, The writer mentions an author’s word-for-word, as his or her own. name for a source, but neglects to include specific information on the location of the material referenced. This often masks other forms of plagiarism by obscuring source locations THE PHOTOCOPY MISINFORMER The writer copies significant portions The writer provides inaccurate of text straight from a single source, information regarding the without alteration. THE POTLUCK PAPER The writer tries to disguise plagiarism by copying from several different sources, tweaking the sentences to make them fit together while retaining most of the original phrasing. THE POOR DISGUISE Although the writer has retained the essential content of the source, he or she has altered the paper’s appearance slightly by changing key words and phrases. sources, making it impossible to find them THE TOO-PERFECT PARAPHRASE The writer properly cites a source, but neglects to put in quotation marks text that has been copied word-for-word, or close to it. Although attributing the basic ideas to the source, the writer is falsely claiming original presentation and interpretation of the information. THE RESOURCEFUL CITER The writer properly cites all sources, paraphrasing and using quotations appropriately. The catch? THE LABOR OF LAZINESS The writer takes the time to paraphrase most of the paper from other sources and make it all fit together, instead of spending the same effort on original work. THE SELF-STEALER The writer “borrows” generously from his or her previous work, violating policies concerning the expectation of originality adopted by most academic institutions. The paper contains almost no original work! It is sometimes difficult to spot this form of plagiarism because it looks like any other well-researched document. THE PERFECT CRIME [T]he writer properly quotes and cites sources in some places, but goes on to paraphrase other arguments from those sources without citation. This way, the writer tries to pass off the paraphrased material as his or her own analysis of the cited material.