Copyright Act


Copyright Act

By: Magna Carta Law Office

What you should know about the latest (i.e., A.D. 2015) version of the Copyright Act

While talking about the protection provided by the copyright law, the Director General of the Department of Intellectual Property said the essence of the law is prohibition of the reproduction, adaptation, and public dissemination of copyrighted materials. There are, however, exceptions when the prohibited actions are not for commercial purposes and credit is properly given to the source–the rationale behind the prohibition being to prevent loss to the copyright owner or harm to the owner’s rights.

What does copyright protect? Are there things we can make use of without prior permission?

Copyright protects creative works such as articles, books, software, songs, pictures, drawings, and photos.

Is merely mentioning the source or giving credit to the copyright owner enough for the use and dissemination of a copyrighted work not to be deemed copyright infringement?

Not only must the source be mentioned or credit be given the copyright owner each time a copyrighted work is made use of or disseminated for the use or dissemination not to be deemed copyright infringement, but the use or dissemination must not adversely affect the copyright holder’s normal seeking of benefits from the work and not unreasonably affect the rights of the holder, as well.

What manners of using a picture or an article copied from the Internet require prior permission of the copyright owner? What manners do not?

An example of the manners of the use of such materials that require prior permission is the use for commercial purposes. One that does not have such requirement to meet is the use of a reasonable number of pictures or articles for such purposes as non-profit-seeking research or study, personal use for the benefit of the user or members of his/her family, critiquing or recommending the picture or article with acknowledgment of the copyright ownership, broadcasting through the mass media with acknowledgment of the copyright ownership, and the use for educational purposes.

How should we respond to other people’s use of our copyrighted materials without permission?

When the infringement is found out, the copyright owner may warn the infringing party to stop the transgression, or s/he may lodge a complaint with the police or a lawsuit with the court. Another alternative is to seek arbitration either in court or by using the service of the Department of Intellectual Property’s “Prevention and Dispute Resolution, Intellectual Property”.