I
actually posted this for two reasons: as a warning, and for recognition. Why do
I said so? Here is the story.
I started using facebook since high
school. I grab photos from other accounts and re post it. I am not
really aware that what I did that time was against the law. I am taking up Mass
Communication major in Broadcasting this college, and one course in my first
year was Media Law and Ethics. That's how I knew this Philippine Copyright Law.
According to the Republic Act No. 8293, Article II Section 176, "No
copyright shall subsist in any work of the Government of the Philippines.
However, prior approval of the government agency or office wherein the work is
created shall be necessary for exploitation of such work for profit. Such
agency or office may, among other things, impose as a condition the payment of
royalties. No prior approval or conditions shall be required for the use for any
purpose of statutes, rules and regulations, and speeches, lectures, sermons,
addresses, and 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)"
Literary and artistic works; hereinafter referred to as "works", and original intellectual creations in the literary and artistic domain protected from the moment of their creation and shall include in particular:
(a) Books, pamphlets, articles and other
writings;
(b) Periodicals and newspapers;
(c) Lectures, sermons, addresses,
dissertations prepared for oral delivery, whether or not reduced in writing or
other material form;
(d) Letters;
(e) Dramatic or dramatico-musical
compositions; choreographic works or entertainment in dumb shows;
(f) Musical compositions, with or without
words;
(g) Works of drawing, painting,
architecture, sculpture, engraving, lithography or other works of art; models
or designs for works of art;
(h) Original ornamental designs or models
for articles of manufacture, whether or not registrable as an industrial
design, and other works of applied art;
(i) Illustrations, maps, plans, sketches,
charts and three-dimensional works relative to geography, topography,
architecture or science;
(j) Drawings or plastic works of a
scientific or technical character;
(k) Photographic works including works
produced by a process analogous to photography; lantern slides;
(l) Audiovisual works and cinematographic
works and works produced by a process analogous to cinematography or any
process for making audio-visual recordings;
(m) Pictorial illustrations and
advertisements;
(n) Computer programs; and
(o) Other literary, scholarly, scientific
and artistic works
Here
in the Philippines, almost all of us heard about the FLIPTOP BATTLE LEAGUE, wherein
two people in a match have to insult each other with the cleverest punchlines
and sharpest rhymes. It seems very famous nowadays. Then, a friend of mine came
to an idea of painting the fliptop battlers using water color/ink on the Vellum
board, scan it, labeled it in photoshop, and upload it on their page. Also, his
work has the watermark, the name and logo of their organization, Guhit Visual Arts Group.
Then,
I saw many copies of his work on different pages on facebook. I thought its
okay, because its worth to be talk about 'cos its really an amazing artwork. But I saw his post saying that he's really sad because other facebook pages posted his work, omitting his watermark, the logo and the name of the organization he's in.
And yes, it's true. I've seen many profiles, fan pages on facebook using
those photos as their cover photos, default profile pictures, without the
artist's watermark. I was like "Gaaaaaaaahhh". It was such a
disappointment. Some are even claiming that its their work. :(
Philippine copyright law is enshrined in the Intellectual
Property Code of the Philippines, officially known as Republic
Act No. 8293. The law is partly based on United States and
the principles of the Berne Convention for the Protection of Literary and
Artistic Works. Unlike many other copyright laws, Philippine copyright law also
protect patents, trademarks, and other forms
of intellectual property.
Meaning, if you publish or use the
creative work of others, their trademarks, or certain confidential business
information without the permission of the owner, you may be exposing yourself
to legal liability for violations of intellectual property law.
I hope I shared something sensual!
Kindly like their facebook fan page!
