9/7/2016

NSM 192 Scientific Research Process

Objectives
This lecture will help you

Research Ethics:
Fair Use, Public Domains & Open
Access
Wk 4

a.
b.
c.
d.
e.

Review the Definition of Copyright

Fair Use of Copyrighted materials
Conditions that can will be considered as fair use
Copyright law of the Philippines (RA 8293)
Fair Use of Copyrighted Works in the Philippines (RA
8293)
f. Cases of Fair Use and Not Fair Use
g. Works from Public Domain
h. Creative commons and its licenses
i. Open access and open access journals

1st Semester, SY 16-17

Introduction

What is copyright?

When scholars have posed unique questions or problems and

performed the research to answer those questions, their
tangible intellectual works, whether published or unpublished,
are protected by copyright.

It is the exclusive legal right to reproduce, publish,

sell, or distribute the matter and form of something
(as a literary, musical, or artistic work) by MerriamWebster.com

Academics rely on the works of others to complete their own,

new research, and COPYRIGHT ensures that authors' works
are used fairly and ethically.
Understanding the laws and rules surrounding reuse of
information is quite important to the academic community that
relies on the vast body of work for continued research.

What is copyright?

It is the exclusive right to make copies, license, and

otherwise exploit a literary, musical or artistic work,
whether printed, audio, video etc. - by
dictionary.reference.com

International Treaties on Copyright

Copyright is defined in the Philippine Legal Encyclopedia

(Sibal, 1986) as an intangible, incorporeal (not composed of
matter; having no material existence) right granted by
statute to the author or originator of certain literary or artistic
productions whereby he is invested, for a limited period, with
the sole and exclusive privilege of multiplying copies of the
same and publishing and selling them.

Source: Aguirre, Vyva Victoria. Copyright And Related Laws: Effects On Library
Service In The Philippines. https://paarl.wikispaces.com/file/view/
Aguirre+paper.doc

9/7/2016

International Treaties on Copyright

Country

Copyright based on
authors death:

Philippines

Life + 50 years

1. Berne Convention for the Protection of Literary and Artistic

Works established in 1886 by the United Nations' World International
Property Organization (WIPO).

Participated by 167 member countries

determines minimum automatic protections for works created in

any of the convention's 167 member countries.

These countries often provide rights beyond the limits of those

provided by the convention to content creators.

a work is created when it is fixed in a tangible format (paper, film,

phonorecord, or microchip, among others), and creators
automatically own the copyright to those works.

USA

Copyright based on publication

and creation date:
50 years from publication
(photographic works),
or

50 years from creation if

unpublished within 50 years of
creation
95 years from publication for
works published 19641977 (if
copyright not renewed)
Life + 70 years (works
or
published since 1978
95 years from publication for
or unpublished works) works published 19231963

Duration of copyright varies, that is the life of the author + 50 years

after death (e.g Philippines) to 70 years (US).

Trade Related Aspects of Intellectual Property Rights (TRIPS)

is an international agreement administered by the World Trade

Organization (WTO)

sets the minimum standards for many forms of intellectual property (IP)
regulation as applied to nationals of other WTO Members.

introduced intellectual property law into the international trading system

for the first time and remains the most comprehensive international
agreement on intellectual property to date.

TRIPS requires WTO members to provide copyright rights, covering

content producers including performers, producers of sound recordings
and broadcasting organizations; geographical indications, including
appellations of origin; industrial designs; integrated circuit layoutdesigns; patents; new plant varieties; trademarks; trade dress; and
undisclosed or confidential information.

Wikipedia.org

World Intellectual Property Organization Copyright Treaty,

(WIPO Copyright Treaty or WCT)

World Intellectual Property Organization Copyright Treaty,

(WIPO Copyright Treaty or WCT)

is an international treaty on copyright law adopted by the member

states of the World Intellectual Property Organization (WIPO) in 1996.

provides additional protections for copyright deemed necessary due to

advances in IT since the formation of previous copyright treaties before
it.

ensures that computer programs are protected as literary works

(Article 4), and that the arrangement and selection of material in
databases is protected (Article 5).

It provides authors of works with control over their rental and

distribution
It also prohibits circumvention of technological measures for the
protection of works and unauthorized modification of rights
management information contained in works

Signed on 20 December 1996

Effective
6 March 2002
Parties
93 States

9/7/2016

Introduction to Fair Use

When & how to use copyrighted

works?

FAIR USE

Fair Use -- allows scholars/ students/ academicians or anyone

to use part of copyrighted works to support their works
without requesting permission from the author.
Most countries, including the Philippines, impose limitations
on copyrights for the purposes of fair use.
Republic Act No. 8293 (An Act Prescribing the IP Code &
Establishing the IPO, Providing for its Powers & Functions, &
for Other Purposes) describes copyright and fair use.

What is Fair Use?

What is Fair Use?

When the use of copyrighted materials is acceptable then, that is FAIR

USE.

Four factors are considered when determining whether a use is fair or not:

A FAIR USE is the use of copyrighted materials done for a limited

purpose, such as to:
1. comment upon,
2. criticize, or
3. parody a copyrighted work.

1. The purpose and character of the use, including whether such use is
of commercial nature or is for non-profit 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.

Such uses can be done without permission from the copyright owner.

The More You Take, the Less Fair Your Use Is Likely to Be

Fair use is a defense against a claim of copyright infringement. If your use

qualifies as a fair use, then it would not be considered as violation of
copyright law.

Some literature says: Never quote more than a few successive

paragraphs from a book or article, take more than one chart or
diagram, include an illustration or other artwork in a book or newsletter
without the artist's permission, or quote more than one or two lines
from a poem.

Source: http://fairuse.stanford.edu/overview/fair-use/what-is-fair-use/#sthash.IEMs2xAY.dpuf

What is Fair Use?

What is Fair Use?

Four factors are considered when determining whether a use is fair or not:

Four factors are considered when determining whether a use is fair or not:

3.

4.

The amount and substantiality of the portion used in relation to the

copyrighted work as a whole.
In one famous case, The Nation magazine obtained a copy of Gerald
Ford's memoirs before their publication. In the magazine's article about
the memoirs, only 300 words from Ford's 200,000-word manuscript
were quoted verbatim.

The effect of the use upon the potential market for, or value of, the
copyrighted work
For example:
A math teacher copies some important examples/ concepts from the
book of Louis Leithold with the aim to compete or replace Leitholds
book as reference for students -- is not a fair use.

The Supreme Court ruled that this was not a fair use because the
material quoted (dealing with the Nixon pardon) was the "heart of the
book and that pre-publication disclosure of this material would cut into
value or sales of the book.
Rule: Take from someone else only what you wouldn't mind someone
taking from you.

9/7/2016

ACCEPTED FAIR USE

1. Criticism and comment -- quoting or excerpting a work in a review or
criticism for purposes of comment. Writing a book review allows you to
reproduce some of the work to achieve your purposes.
2. News reporting -- summarizing an article, with brief quotations, in a
news report. Summarizing and quoting from an article on HIV in a
news report
3. Research and scholarship -- quoting a short passage in a scholarly,
scientific, or technical work for illustration or clarification of the author's
observations.
4. Non-profit educational uses -- photocopying of limited portions of
written works by teachers for classroom use, copying a few
paragraphs from a news article for use by a teacher or student in a
lesson
5. Parody -- is a work that ridicules another, usually well-known, work by
imitating it in a comic way.

Other Form of FAIR USE

1. Non-commercial use
2. Benefit to the public may be fair use. A commercial
motive doesn't always disqualify someone from claiming a
fair use. A use that benefits the public can qualify as a fair
use, even if it makes money for the user.

Examples:
1. Andy, putting together a newsletter on his home computer, reprints an
editorial he likes from a daily newspaper.
2. Peter, a biographer and historian, quotes from several unpublished
letters and diaries written by his subject.
3. Using the Bob Dylan line "You don't need a weatherman to know which
way the wind blows" in an advertisement for raincoats.

Other Form of FAIR USE

Examples:
4. Jean, a freelance writer, closely paraphrases two paragraphs from the
Encyclopedia Britannica in an article she's writing.
5. Joan, a poet, quotes a line from the poem of Prof. Ricky de Ungria into
one of her own poems.
6. Using the Bob Dylan line "You don't need a weatherman to know which
way the wind blows" in a poem published in a small literary journal.

Screen grabbed from: https://libraries.mit.edu/files/ospcl/fair-use-quiz/

Republic Act No. 8293 - An Act Prescribing the IP Code &

Establishing the IPO, Providing for its Powers & Functions, &
for Other Purposes

Philippines Law related to Copyrighting

Republic Act No. 8293
An Act Prescribing the IP Code & Establishing the
IPO, Providing for its Powers & Functions, & for
Other Purposes

CHAPTER II - ORIGINAL WORKS

Sec. 172. Literary and Artistic Works. 1. Books, pamphlets, articles and other writings;
2. Periodicals and newspapers;
3. Lectures, sermons, addresses, dissertations prepared for oral
delivery, whether or not reduced in writing or other material form;
4. Letters;
5. Dramatic or dramatico-musical compositions; choreographic works
or entertainment in dumb shows;
6. Musical compositions, with or without words;
7. Works of drawing, painting, architecture, sculpture, engraving,
lithography or other works of art; models or designs for works of art;
8. Original ornamental designs or models for articles of manufacture,
whether or not registrable as an industrial design, and other works
of applied art;

9/7/2016

Republic Act No. 8293

Sec. 172. Literary and Artistic Works. 9. Illustrations, maps, plans, sketches, charts and three-dimensional
works relative to geography, topography, architecture or science;
10.Drawings or plastic works of a scientific or technical character;
11.Photographic works including works produced by a process
analogous to photography; lantern slides;
12.Audiovisual works and cinematographic works and works produced
by a process analogous to cinematography or any process for
making audio-visual recordings;
13.Pictorial illustrations and advertisements;
14.Computer programs; and
15.Other literary, scholarly, scientific and artistic works.

Chapter IV. WORKS NOT PROTECTED

Sec. 175. Unprotected Subject Matter. - Notwithstanding the provisions
of Sections 172 and 173, no protection shall extend, under this law, to any:
idea, procedure, system method or operation, concept, principle,
discovery or mere data as such, even if they are expressed,
explained, illustrated or embodied in a work;
news of the day and other miscellaneous facts having the character
of mere items of press information;
or any official text of a legislative, administrative or legal nature, as
well as any official translation thereof.
Sec. 176. Works of the Government. -

172.2. Works are protected by the sole fact of their creation, irrespective of
their mode or form of expression, as well as of their content, quality and
purpose. (Sec. 2, P. D. No. 49a)

CHAPTER V. COPYRIGHT OR ECONOMIC RIGHTS

Sec. 177. Copy or Economic Rights. - Subject to the provisions of Chapter
VIII, copyright or economic rights shall consist of the exclusive right to
carry out, authorize or prevent the following acts:
1.
2.
3.
4.

Reproduction of the work or substantial portion of the work;

..
Rental of the original or a copy of an audiovisual or cinematographic work, a work embodied in a sound recording, a computer
program, a compilation of data and other materials or a musical
work in graphic form, irrespective of the ownership of the original
or the copy which is the subject of the rental; (n)
5. .
6. ..
7. Other communication to the public of the work (Sec. 5, P. D. No.
49a)

CHAPTER VIII. LIMITATIONS ON COPYRIGHT

Sec. 184. Limitations on Copyright.
The following acts shall NOT constitute infringement of copyright:
d) The reproduction and communication to the public of literary, scientific
or artistic works as part of reports of current events by means of
photography, cinematography or broadcasting to the extent necessary
for the purpose; (Sec. 12, P. D. No. 49)
e) The inclusion of a work in a publication,. if such inclusion is made
by way of illustration for teaching purposes and is compatible with
fair use: Provided, That the source and of the name of the author, if
appearing in the work, are mentioned;
f) ..
g) ..
h) The use made of a work by or under the direction or control of the
Government, by the National Library or by educational, scientific or
professional institutions where such use is in the public interest and
is compatible with fair use;
i)
j)
k) Any use made of a work for the purpose of any judicial proceedings or
for the giving of professional advice by a legal practitioner.

CHAPTER VIII. LIMITATIONS ON COPYRIGHT

Sec. 184. Limitations on Copyright.
The following acts shall NOT constitute infringement of copyright:
a)
b) The making of quotations from a published work if they are
compatible with fair use and only to the extent justified for the purpose,
including quotations from newspaper articles and periodicals in the form
of press summaries: Provided, That the source and the name of the
author, if appearing on the work, are mentioned; (Sec. 11, Third Par., P.
D. No. 49)
c) The reproduction or communication to the public by mass media of
articles on current political, social, economic, scientific or religious
topic, lectures, addresses and other works of the same nature, which are
delivered in public if such use is for information purposes and has
not been expressly reserved: Provided, That the source is clearly
indicated; (Sec. 11, P. D. No. 49)

CHAPTER VIII. LIMITATIONS ON COPYRIGHT

Sec. 185. Fair Use of a Copyrighted Work.
185.1. The fair use of a copyrighted work for criticism, comment, news
reporting, teaching including multiple copies for classroom use,
scholarship, research, and similar purposes is not an infringement
of copyright. Decompilation, which is understood here to be the
reproduction of the code and translation of the forms of the computer
program to achieve the inter-operability of an independently created
computer program with other programs may also constitute fair use.
Factors to be considered in determining whether the use made of a work is
fair use:
1. The purpose and character of the use, including whether such use
is of a commercial nature or is for non-profit education 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.

9/7/2016

CHAPTER VIII. LIMITATIONS ON COPYRIGHT

Sec. 186. Work of Architecture. - Copyright in a work of architecture shall
include the right to control the erection of any building which reproduces
the whole or a substantial part of the work either in its original form or in
any form recognizably derived from the original; Provided, That the
copyright in any such work shall not include the right to control the
reconstruction or rehabilitation in the same style as the original of a
building to which the copyright relates. (n)

CHAPTER VIII. LIMITATIONS ON COPYRIGHT

Sec. 187. Reproduction of Published Work. 187.2. The permission granted under Subsection 187.1 shall not extend to
the reproduction of:
a)
b)
c)
d)
e)

Sec. 187. Reproduction of Published Work. 187.1. . the private reproduction of a published work in a single copy,
where the reproduction is made by a natural person exclusively for
research and private study, shall be permitted, without the authorization
of the owner of copyright in the work.

.
An entire book, or a substantial past thereof, or of .;
A compilation of data and other materials;
A computer program except as provided in Section 189; and
Any work in cases where reproduction would unreasonably
conflict with a normal exploitation of the work or would otherwise
unreasonably prejudice the legitimate interests of the author.

WORKS/MATERIALS FOUND IN PUBLIC DOMAINS

How About the Works in

Public Domain?

Works in public domain are not restricted by copyright or they are uncopyrighted
They do not require a license or fee to use
They can be fully used by anyone without permission.

There are three main categories of public domain works:

1. Works that automatically enter the public domain upon creation,
because they are not copyrightable:
Titles, names, short phrases and slogans, familiar symbols,
numbers
Ideas and facts
Processes and systems
Government works and documents
2. Works that have been assigned to the public domain by their creators

MATERIALS FOUND IN PUBLIC DOMAINS

PUBLIC DOMAINS: Smithsonian Institution Public Domain Images

There are three main categories of public domain works:

3. Works that have entered the public domain because the copyright on
them has expired
Example:
All works published in the U.S. before 1923
All works published with a copyright notice from 1923 through 1963
without copyright renewal
All works published without a copyright notice from 1923 through
1977
All works published without a copyright notice from 1978 through
March 1, 1989, and without subsequent registration within 5 years

9/7/2016

PUBLIC DOMAINS: Project Gutenberg

PUBLIC DOMAINS: Librivox

PUBLIC DOMAINS: Prelinger Archives

CREATIVE COMMONS &

OPEN ACCESS

CREATIVE COMMONS

CREATIVE COMMONS

Creative Commons --- allows content creators to license their

works so that other people can reuse them, while retaining
their copyrights.

1. Attribution CC BY

Depending on the license chosen, others may use all or some

of the work, may "remix" it to make a new product, or may be
able to use it for commercial as well as educational purposes.
Creative Commons licenses give creators more freedom to
share their works than traditional copyright, and give users including academics - the freedom to reuse them ethically.

This license lets others distribute, remix, tweak, and build

upon your work, even commercially, as long as they credit
you for the original creation.
This is the most accommodating of licenses offered.
Recommended for maximum dissemination and use of
licensed materials.
Source: http://creativecommons.org/licenses/

9/7/2016

CREATIVE COMMONS

CREATIVE COMMONS

2. Attribution-ShareAlike (CC BY-SA)

This license lets others remix, tweak, and build upon your work
even for commercial purposes, as long as they credit you and
license their new creations under the identical terms.
This license is often compared to copyleft free and open
source software licenses. All new works based on yours will
carry the same license, so any derivatives will also allow
commercial use. This is the license used by Wikipedia, and is
recommended for materials that would benefit from
incorporating content from Wikipedia and similarly licensed
projects.
Source: http://creativecommons.org/licenses/

CREATIVE COMMONS

The Birth of Open Access

1. Most publishers own the rights to the articles in their
journals.
2. Anyone who wants to read the articles must pay to access
them.
3. Anyone who wants to use the articles in any way must
obtain permission from the publisher and is often required
to pay an additional fee.

What is Open Access?

Open Access (OA) stands for unrestricted access and
unrestricted reuse.
It is a movement that works within the boundaries of copyright
law that gives more freedom to authors to share their research
with others, making information accessible without the fees
that come with traditional publishing models.
Open-access authors and publishers make content freely
available online, releasing content under a Creative
Commons license that requires only attribution of the works,
leaving reuse options wide open.

9/7/2016

Benefits of Open Access

References:

1. Accelerated discovery
2. Public enrichment
3. Improved education

http://fairuse.stanford.edu/overview/fair-use/what-is-fairuse/#sthash.IEMs2xAY.dpuf
http://www.chanrobles.com/legal7copyright.htm#.VeZWXvmqqkq
http://www.nolo.com/legal-encyclopedia/fair-use-rule-copyright-material-30100.html
http://copyright.lib.utexas.edu/copypol2.html#course
http://www.teachingcopyright.org/handout/public-domain-faq

Thank you!