Lesson 3

Intellectual Property, Copyright and Fair Use

Guidelines
As a citizen of the internet, or “netizen” in today’s term used for people who are
constantly online and browsing the internet, have you ever shared a picture you find amusing or
funny, or an inspiring quote on social media platform like Facebook, Twitter or Instagram? Or a
meme that made you laugh and thought that it’s worthy sharing to your friends? A lot of what we
consider everyday media culture is built on this kind of casual information and content sharing.
While you were happy and ecstatic about the photo or video that you shared, did you think
where that content came from and who owns it? Did you ask permission to use it? What do you
think happens when the content’s owner finds out that their work is being shared and used by
other people without their permission? Could it harm somebody?

The media and information age, especially the Internet, gave tons of people access to
tools for communication and media creation but also opened up many legal loopholes and
ethical challenges. Given its widespread use and the vast majority who now have access to an
array of information, media and information have been the subject of legal, ethical, and societal
problems. While its positive implications are undeniable, there are issues that come along with
it.

What Will You Learn From This Lesson

After studying this lesson, you should be able to:

 Cite practical situation when to apply knowledge in intellectual property, copy right, and
fair use guidelines.

Let’s See What You Already Know

Missing Boxes: Below are the terms associated with ethical and legal use of media and
information which will be discussed in this lesson. Before you proceed, let’s try to figure
out what are these terms by filling up the missing boxes.
1. C P R G H
2. F I R S
3. N R N T
N I Z S H
 4.

5. N I Q T T
6. C B R B L L I
7. D D C T N

8. P A G R M
9. R G T
10. F A M W S

Let’s Read

Intellectual Property
Intellectual property (IP) refers to creations of the mind, such as inventions; literary and
artistic works designs and symbols, names, and images used in commerce

Types of Intellectual Property

Copyright - a legal device that gives the creator of a literary, artistic, musical, or other creative
work the sole right to publish and sell that work. 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. Violation
of a copyright is called infringement.

REPUBLIC ACT 8293

INTELLECTUAL PROPERTY CODE OF THE PHILIPPINES

COPYRIGHT VALIDITY PERIOD

Literary Works During the lifetime of the author plus 50 years after the death

Art 25 years from the date of creation

Photographic work 50 years from publication

Audio-Visual Work 50 years from publication

Sound Recording 50 years from year recording took place

 Broadcast Recording 20 years from the date of broadcast

Trademark Valid for ten years and may be renewed for periods of 10 years

Invention Patent Valid for 20 years from the Filing date of application

Plagiarism
Plagiarism is 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.

Types of Plagiarism

➢ Sources Not Cited

1. The Ghost Writer -The writer turns in another’s work, word-for-word, as his or her own.

2. The Photocopy- The writer copies significant portions of text straight from a single source,
without alteration.

3. The Potluck Paper- The writer copies from different sources and alters the sentences to
make them fit together while retaining most of the original phrasing.

4. The Poor Disguise- The writer has altered the paper’s appearance slightly by changing
keywords and phrases.

5. The Labor of Laziness - The writer takes the time to paraphrase most of the paper from
other sources and make it all fit together.

6. The Self-Stealer - The writer “borrows” generously from his or her previous work.

➢ Sources Not Cited (But still plagiarized)

1. The Forgotten Footnote - The writer mentions an author’s name for a source, but neglects
to include specific information on the location of the material referenced.

2. The Misinformer - The writer provides inaccurate information regarding the sources, making
it impossible to find them.

3. The Too-Perfect Paraphrase - The writer properly cites a source but neglects to put in
quotation marks on a text that has been copied word-for-word, or close to it.

4. The Resourceful Citer- The writer properly cites all sources, paraphrasing, and using
quotations appropriately. The catch? The paper contains almost no original work!

5. The Perfect Crime- The writer properly quotes and cites sources in some places, but goes
on to paraphrase other arguments from those sources without citation.
 Let’s Try This
Case Study
Directions: Answer the questions briefly. Write your answers in a separate sheet of paper.
Case 1: Plagiarism
Read the article on a case of plagiarism: “ Filipino children’s book artist accused of copying
artworks of a South Korean” from Philstar(source link: https://interaksyon.philstar.com/hobbies-
interests/2019/09/17/154979/plagiarism-filipino-korean-artist-the-little-hero/)
Activity 1: After reading the article, answer the following questions: (Use separate answer
sheet)

1. What was the action of the publisher when he found out that illustrator Shellette Gipa
may have plagiarized some of the artwork of South Korean artist Hong SoonSang?
2. Was the role of netizens in pointing out the plagiarism vital in resolving the issue? How?
3. How would you feel if you are South Korean artist Hong SoonSang? Explain your
answer?
4. Would you issue the same statement that he made? And would you accept Gipa’s
apology? Why?
5. Standing in Gipa’s shoes, what would you say to offer apology?

Let’s Learn
Fair Use
Fair use means you can use copyrighted materials without a license only for certain
purposes. These include:

 Commentary  Research
 Criticism  Teaching
 Reporting

Guidelines for Fair Use

• A Majority of the content you create must be your own.

• Give credit to the copyright holder

• Don’t make money off of the copyrighted work

Four Factors of Fair Use

In determining if the use of an intellectual property is in accordance with Fair Use Guidelines,
there are four factors to consider, to wit –

1. The purpose and character of the use, including whether such use is of a commercial
nature or is for nonprofit educational purposes;
2. The nature of the copyrighted work;
3. The amount and substantiality of the portion used in relation to the copyrighted work as
a whole; and
4. The effect of the use upon the potential market for or value of the copyrighted work.
The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made
upon consideration of all the above factors.

Study the table below so as to analyze if a given case is in favor or against fair use.

Factor Less likely to be fair More Likely to be Fair

1. Purpose and  Commercial Purpose  Transformative Purpose
Character of Use  Bad Faith  Educational Purpose
 Illustrative Purpose
2. Nature of the  Work is unpublished  Work is factual
Copyrighted Work  Work is creative
3. Amount and  Using the heart of the  Neccesary for a
Substantiality work transformative purpose
 Using more of the work
4. Effect on the  Use decreases demand  Use is the sort the
Market for the original work by rightsholder is unwilling
acting as a substitute to license
 Use is the sort that the
rightsholder currently
licenses

Let’s See What You’ve Learned

A. Directions: Identify the given cases below if they fall in favor or against fair use
guidelines. Write FAIR USE if it is and NOT FAIR USE if otherwise.
1.______________________ Agnes copied her whole assignment from an article in the Web
and submitted same project to her teacher without attributing credits to its owner.
2.______________________ Raquel created a video presentation which include downloaded
videos fom Youtube but indicated proper attribution at the end of the submitted project.
3.______________________ Marlene shared an amusing meme on Facebook.
4.______________________ Ramon uploaded an edited video of the President from a TV
station on his Youtube channel in which he makes money.
5.______________________ Rona makes a reaction video of Morrisette Amon singing in Wish
Bus.
6.______________________ Peping and Beth sing covers of popular duets on Youtube
7.______________________ Christine is fond of taking screenshots of grammar errors of
Facebook user and making videos correcting them.
8.______________________ Rob and Janine uploaded a copy of the minutes of meeting of
their club without the permission from the president.
9.______________________ Margie photocopied the entire Entrepreneurship textbook and sell
it to her students chapter by chapter.
10.______________________ Joan used classical music in her yoga class.
B. Directions: Complete the table below by citing practical situations in each social status
on which copyright law, plagiarism and fair use can be applied. The first row is done for
you.

Social
Copyright/Plagiarism Fair Use
Status/Work/Situation
-Violation of copyright law if - Fair use if the family is
the family is showing movies watching movies from Netflix
1. Family entertainment from Netflix to community and for their own consumption in
collecting viewing fee their own devices.

2. Vlogger/Blogger

3. Student

4. Teacher

5. Social Media User

6. Artist

Answer Key
Let’s See What You Already Know
1. C O P Y R I G H T
2. F A I R U S E
3. I N T E R N E T
4. N E T I Z E N S H I P
5. N E T I Q U E T T E
6. C Y B E R B U L L Y I N G
7. A D D I C T I O N
8. P L A G I A R I S M
9. R I G H T S
10. F L A M E W A R S
Let’s See What You’ve Learned
A. 1. NOT FAIR USE
2. FAIR USE
3. FAIR USE
4. NOT FAIR USE
5. FAIR USE
6. NOT FAIR USE
7. FAIR USE
8. FAIR USE
9. NOT FAIR USE
10. FAIR USE
B. Answers may vary.

References
https://interaksyon.philstar.com/hobbies-interests/2019/09/17/154979/plagiarism-filipino-korean-
artist-the-little-hero/ by Jeline Malasig Published September 17, 2019

https://copyright.psu.edu/copyright-basics/fair-use/ © 2020 The Pennsylvania State

University

Media and Information Literacy – Grade 11, Alternative Delivery Mode. Quarter 3 – Module 3:
Languages and Policies in Media and Information. First Edition, 2020