Learning
Competency:
Cite practical situation
when to apply knowledge on
intellectual property,
copyright, and fair use
guidelines
(MIL11/12LESI-IIIg-17)
Topic:
Intellectual Property,
Copyright, Fair Use, &
Basic Ethical Orientation
Intellectual
Property (IP)
refers to creations of
the mind such as
images (graphic
designs, photos,
drawings etc.),
written works
(books, manuscripts,
publication etc.,
audio content
(music and any other
sound recordings),
and performing arts
(play, movie, shows,
Two Categories of
Intellectual Property
(IP)
1. Industrial
property
2. Copyright
Industrial property
which includes patents,
trademarks, industrial designs
and geographical indications
appellations of origin
Copyright
A legal device that gives the
creator the right to have over
their literary and artistic
works. This covers works
ranging from books, ( novels,
poems, and plays), films,
music, artistic works
(drawings, paintings,
photographs, and sculptures)
and architectural design and
performing arts ( producers of
phonograms in their
recordings, and broadcasters
in their radio and television
programs (WIPO, 2016)
Types of Intellectual
Property
Copyright
Patent
Trademark
Industrial Design
Geographical Indications and
Appellations of Origin
Copyright
Copyright owners have the right to
control the reproduction of their
work, including the right to receive
payment for that reproduction. An
author may grant or sell those
rights to others, including
publishers or recording
companies.
Patent It is an exclusive right
granted for an invention.
It provides the patent
owner with the right to
consent on the invention
or a way for others to use
it. In return, the patent
owner is responsible for
making technical
information about the
invention available in the
published patent
document or in public
(WIPO, 2016)
Industrial Design
An ornamental or
aesthetic aspect of
item. A design may
consist of three-
dimensional features
such as shape, or
surface of an article, or
of two- dimensional
features such as
patterns, lines, or color.
An industrial design rights
protect only the
appearance of the
aesthetic features of the
product, whereas a patent
protects an invention that
offers a new technical
solution to a problem.
In principle, an industrial
design right does not
protect the technical or
functional features of a
product. Such features
could, however,
potentially be protected
by a patent.
Geographical
Indications and
appellations of origin
These are signs used on
products possessing
qualities, a status, or
characteristics that are
essentially attributable to
that location of origin.
Generally, a geographical
indication includes the
name of the place of origin
of the goods (WIPO, 2016)
Fair use
refers to limitation and to the
exclusive right granted by
copyright law to the author of a
creative work. Examples of fair
use include commentary,
search engines, criticism, news
reporting, research, teaching,
library archiving and
scholarship. (UNESCO MIL
The copyrighted material
must observe conditions
such as:
1. Amount of substantially of
the portion taken
2. Purpose and character of
one’s use
3. Nature of the copyrighted
work;
In general, one must own
the majority of the new
content, give full credit to
the original sources, and use
the content for non-profit
purposes to consider it fair
use.
In order to clarify the terms
and conditions in control of
the creative work between
the author and the general
public, one needs
permission from the
copyright holder which is
called license.
Some content creators
choose to license their work
more freely by giving their
work a Creative Commons
(CC) license or even putting
their work in Public Domain.
These CC licenses are
copyright licenses providing
a simple and standardized
way to give the public
permission to share and use
the creative work.
Creative Commons is an
American non- commercial
organization that aims to
expand the range of creative
works available for others to
build upon and to share legally.
The organization has released
several copyright license
known as Creative Commons
licenses free of charge to the
Digital Footprint
Any data record of the
things you do online.
Anything on the
Internet with your
name creates a trail of
data about you. This
could be information in
your personal website,
any activity in social
media, your browsing
history, online
subscription, and the
12 Tips for Students to Mange
their Digital Footprint
1.Be kind, helpful, and understanding
2.Use privacy settings
3.Keep a list of accounts
4.Don’t overshare
5.Use a password keeper
6.Google yourself
7.Monitor linking accounts
8.Consider using anonymous secondary
email
9.At least skim the terms and
conditions
10.Know that sending is like publishing
–forever
11.Understand that searches are social
Data Privacy
Respecting and managing data
privacy is also a responsible
behavior on the internet.
Republic Act No. 10173 or
the Data Privacy Act of 2012.
If the primary measures are not
observed in sharing information ,
your only security can be
compromised.
Copyright Infringement
violation of a copyright
Privacy or one’s right to
privacy
it refers to the concept that one’s
personal information is protected from
public scrutiny.
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.
Defamation
is a statement that injures
a third party’s reputation.
The civil wrong of
defamation includes both
libel (written statement)
and slander (spoken
statement).
To win a defamation case, a
plaintiff must show four things:
1. A declaration that a false statement
is a fact;
2. Publication of communication of
that statement to a third person;
3. Fault;
4. Damages to the subject (person,
institutions, etc.) of the statement.
Obscenity and
Pornography
Obscenity and pornography
although related, are not the same.
Pornography is the term used to
refer to any material that uses the
elements of nudity to cause sexual
arousal among the audience.
A pornographic material is
considered obscene when it
crosses a line to a point that may
be offensive. The concept of what’s
not in pornographic content may be
vague or subjective. This is because
what might be obscene in one sector
of society can be totally acceptable in
another.
Types of Basic
Ethical
Orientation
Basic Ethical Orientation
Basic ethical orientation refers
to ethical perception of an
individual. It is the reasoning
behind his or her moral judgments
and ethical practices.
1. Divine Command Theories
Being good is equivalent to doing
whatever the Bible—or the Qur’an
or some other sacred text or source
of revelation—tells one to do.
“What is right” equals “What
God tells me to do.”
2. The Ethics of Conscience
Conscience dictate what is right or
wrong
Often has a religious source
Maybe founded on a notion of human
nature
Is often negative in character, telling
people what is not right
3. Ethical Egoism
Says the only person to look out for is oneself
4. The Ethics of Duty
Begins with the conviction that ethics is about
doing what is right, about doing one’s duty
Duty may be determined by reason,
professional role, and social role
5. The Ethics of Respect
Human interactions should be
governed by rules of respect
What counts as respect can vary
from one culture to another.
6. Utilitarianism
Seeks to reduce suffering and increase
pleasure or happiness
Demands a high degree of self-sacrifice—
considers the consequences for
everyone.
Utilitarian claims the purpose of morality
is to make the world a better place.
7. The Ethics of Justice
What is fair for one, should be
fair for all
Treating people equally may not
mean treating them the same.
8. Virtue Ethics
Seeks to develop individual
character
Assumes good persons will make
good decisions
Developed by Plato and Aristotle
The spiritual exercises
Provides a way of integrating all
the theories.
Post Test
Q: Among the ethical
orientations, which do
you follow and why?
Discuss your answer in
not less than 3-5
sentences only.
Performance Task (15 points)
Directions: Write a practical situation when to
apply knowledge on the following: Intellectual
property,
Copyright, and Fair Use guidelines. Use the matrix
below. Write your output on a one half sheet of pad
paper.
Intellectual Copyright Fair Use
Property
Situation: Situation: Situation:
