MODULE 7: LEGAL, ETHICAL & SOCIETAL ISSUES IN MEDIA AND INFORMATION

Intellectual Property-creation of the mind, such as inventions, literary and artistic works,
designs and symbols, names and images used in commerce.
If Intellectual Property Right is protected, people will be motivated to contribute more by
continuously inventing and creating things for the public good in the spirit of fair play.
WIPO-World Intellectual Property Organization- global forum for intellectual property
services, policy, information and cooperation responsible for the promotion and protection
of intellectual property throughout the world.
Copyright - is mainly the protection of ones expressions which only becomes tangible and
concrete when objects are created as manifestation of these expressions.
List of commonly protected by copyright:
1. literary works such as novels, poems, plays, reference works, newspaper articles
2. computer programs, databases
3. films, musical compositions and choreographies
4. artistic works such as paintings, drawings, photographs and sculptures
5. architecture
6. advertisements, maps and technical drawings
Copyright does not cover ideas, procedures, methods of operation or mathematical
concepts, titles, slogans or logos because no one person or institution can claim sole
ownership of these. Sufficient authorship must exist for these to be covered by copyright.
 Types of Intellectual Property
Terms Description Coverage
Copyright Legal term used to describe the rights that Books
creators have over their literary & artistic Music
works Paintings
Sculptures
Films
Computer programs
Databases
Advertisements
Maps
Technical drawings
Patent Provides the patent owner with the right to Exclusive right granted for
decide how or whether, the invention can an invention
be used by others in exchange for this right.
The patent owner makes technical
information about the invention publicly
available in the published patent document
Trademark Dates back to ancient times when craftsmen Products sold or services
used to put their signature or mark on offered by a business
their products entity
A sign capable of distinguishing goods or
services of 1 enterprise from those of other
 Types of Intellectual Property
Terms Description Coverage
Industrial Design Constitutes the Design of an object
ornamental or (shape or surface,
aesthetic aspect of patterns, lines or
an article/object colors)
Geographical Sign used on goods The name of the
Indication and that have a specific place of origin of the
Appellation of Origin geographical origin goods/products
and possess
qualities, a
reputation or
characteristics that
are essentially
attributable to that
place of origin
 MODULE 7: LEGAL, ETHICAL & SOCIETAL ISSUES IN MEDIA AND INFORMATION
2 types of rights under a copyright law:
1. Economic Rights- the rights of an owner/ author to properly compensated
financially upon his or her permission for the work to be used by another.
2. Moral Rights- the rights to non-economic interests of the author. Right to claim
authorship of a work and the right to oppose changes to a work that could harm
the [his] reputation.
To protect his or her economic rights, an author has the discretion to limit or prohibit
the use of the work in terms of the following:
1. Reproduction in various forms, such as printed publication or sound recording
2. Public performance, such as in a play or musical work
3. Recording, for example, in the form of compact discs or DVDs
4. Broadcasting by radio, cable or satellite
5. Translation into other languages
6. Adaptation such as novel into a film screenplay.
 Registering Copyright
Berne Convention - provides automatic copyright protection which means that a
registration or any other formality is not required.
Intellectual Property Rights consist of:
1. Copyright and related rights
2. Trademarks and service marks
3. Geographic indications
4. Industrial designs
5. Patents
6. Layout-designs ( Topographies) of integrated circuits
7. Protection of undisclosed information
Publishers own copyright limited to the right of reproduction of the typographical
arrangement of the published edition of the work.
Fair Use Fair dealing Clause-limits the right of holders who are entitled to
reproduce works for a limited time period. When you wish to copy an entire work
or portions of it even with the copyright holder failing to give his or permission, fair
use may be involved in certain occasions.
The rationale of fair use- guarantee a breathing space for new expression within
the confines of Copyright Law-which means If copyright holders have complete
control of their works, information may be constrained & restrained from ever
reaching a wider audience.
 Terms related to Copyright
Term Definition
Author The natural person who has created the work
Collective work A person which has been created by 2 or more natural persons at the
initiative & under the direction of another with the understanding that it will
be disclosed by the latter under his own name & that contributing natural
persons will not be identified
Communication The making of a work available to the public by wire or wireless means in
to the public or such a way that members of the public may access these works from a place
communicate to & time individually chosen by them
the public
Public lending The transfer of possession of the original or a copy of a work or sound
recording for a limited period, for non-profit purposes, by an institution, the
services of which are available to the public, such as public library or archive
Public In the case of an audio-visual work, the showing of its images in sequence
performance and the making of the sounds accompanying it audible
In the case of a work, is the recitation, playing, dancing, acting or otherwise
performing the work, either directly or by means of any device or process
Published works Works, which, with the consent of the authors, are made available to the
public by wire or wireless means in such a way that members of the public
may access these works from a place & time individually chosen by them
Rental The transfer of the possession of the original or a copy of a work or a sound
 Terms Related to Copyright

Term Definition
Reproduction The making of 1 or more copies of a work or a
sound recording in any manner or form
Work of applied art An artistic creation with utilitarian functions or
incorporated in a useful article, whether made
by hand or produced on an industrial scale
Work of the Government of the Philippines A work created by an officer or employee of
the Philippine Government or any of its
subdivisions & instrumentalities, including
government-owned or controlled corporations
as a part of his regularly prescribed official
duties
 Copyright protected works
Original Works-Literary or Artistic in
Nature
Books, pamphlets, articles and
other writings
Periodicals and newspapers
Lectures, sermons, addresses,
dissertations prepared for oral
delivery, whether or not reduced
in writing or other material form
Letters
Computer programs
Pictorial illustrations &
advertisements
Musical compositions, with or
without words
Drawings or plastic works of a
scientific or technical character
Derivative works
Dramatizations,
translations, adaptations,
abridgments, arrangements
& other alterations of
literary or artistic works.
Collections of literary ,
scholarly or artistic works &
compilations of data and
other materials which are
original by reason of the
selection or coordination or
arrangement of their
contents.
Works not protected by copyright-due to insufficient authorship
or due to the work being of importance to public interest

Unprotected Subject Matter Works of the Government

Any idea, procedure, system, Any purpose of statutes, rules

method of operation, concept, and regulations & speeches,
principle, discovery or mere data lectures, sermons, addresses and
as such, even if they are dissertations, pronounced, read
expressed, explained, illustrated or rendered in courts of justice,
or embodied in a work before administrative agencies, in
News of the day & other deliberative assemblies and in
miscellaneous facts having the meetings of public character
character of mere items of press
information
Any official text of legislative,
administrative or legal nature, as
well as any official translation
 Public Domain- the expiration of a copyright term empowers the general public to
have unlimited access &use of the work. Anything that is within the
realms of the public domain cannot owned by anyone & has no
copyright coverage.

Works covered by Fair Use:

a criticism or a commentary
a parody
a news report
an artistic expression or artifact
scholarly & research works
a product of a time-shifting device such as TV program recorder
an information found through Web search engines

An information foound through Web search engines becomes available for unlimited use by
the public provided that:
its use is based on factual and historical news event
it is only a small portion of the work and the purpose is a commentary
its use is transformative
It is used solely for the purpose of scholarly analysis
It is not infringing & does not hurt the market value of the copyrighted material
Creative Commons ( a nonprofit licensing organization) can enable the legal sharing
& use of works. It licenses enable copyright holders to easily
change terms of copyright from the default of all rights
reserved to some rights reserved.

According to Creative Commons- licenses are not an alternative to copyright[they]

work alongside copyright to modify the copyright
terms to best suit the need of the copyright holder.
A Creative Commons license- can give people the right to share, use, & even build
upon a [created] work (e.g., automatic permission for
noncommercial use of a work) as well as protect users
against threat of copyright infringement with the condition
that these users abide by the conditions specified by the
owner or holder of the copyright.
Creative Commons has opened opportunities for universal access through a free,
public standardized infrastructure of sharing content &
information within the bounds of free flow of information &
protection of copyright.
Flamer (Flame War)- someone who knowingly attacks other netizens (Internet users) or
expresses in aggressive manner his opinion on controversial issues.
 Flame Warriors a list of online discussion archetypes known to cyber
communities created by a Web illustrator named Mike Reed.
It is a product for a long period of exposure to the
dynamics that exist among participants of online
discussions.
Reed provides not a formal list of these archetypes, but rather a self-made
compendium of the different species of virtual combatant that inhabit
todays online forums, mailing lists & other communities.
Netiquette refers to observing proper etiquette as you engage in activities over
Internet. It is contrary to what Flame Warriors display. Online
discussion members who adhere to rules of netiquette have high
respect for the views and opinions of other members & have high
regard for courtesy.
Core principles for observing proper Internet etiquette:
1. The virtual world does not dismiss the fact that you are talking to another human being who
is entitled to his or her feelings.
2. Behavior does not necessarily have to change when you are online, The same set of
expectations when it comes to attitude & behavior still apply. Give other people their due.
3. Online users are using the same space & are also utilizing bandwidth. You can show some
respect by refraining maligning this space & bandwidth.
Core principles for observing proper Internet etiquette:
4. In the online world, impression is everything since people can take any identity. It is important
to create good impression & maintain a respectable stature.
5. Share only knowledge that matters. Do not share knowledge that may not be productive or
that may jeopardize others.
6. Do not provoke or attack others. This way, you help avoid flame wars.
7. Privacy is a natural human right, Utmost respect of this right should always be observed.
8. Great power comes with great responsibility. Yield your power over the internet wisely.
9. Nobody is perfect. Learn to admit your mistakes & forgive errant netizens.

Alternatively, others suggest the following rules for observing proper

etiquette:
1. Avoid attacking personhood of another online user.
2. Do not post multiple versions of the same message. Spamming is disrespectful of others
space & bandwidth.
3. Observe clear language when expressing your thoughts to avoid misinterpretations that may
lead to misunderstanding.
4. Think before you click. Information over the internet move so fast that you barely have
control over those you posted for mistake. Posts are public & may be kept even when you
have deleted them.
5. Do not veer away from the topic especially in forums that talk about certain topics. Being
off-topic is not just annoying but also impolite, intrusive & disruptive.
Alternatively, others suggest the following rules for observing proper
etiquette:
6. Use common sense. Do not ask fro something you are capable of doing by yourself. When
asking for help with other online users, it is common courtesy to provide as much details as
you can to spare them the trouble of providing for information you already know.
7. If it is not your idea, cite the source. Respect intellectual property.
8. Follow rules and policies as imposed by moderators in forums or discussion boards.

Presenting Yourself & Managing Impressions

THINK BEFORE YOU CLICK Before you post anything on the Web, you have to think through
the repercussions of sharing that information. And if the information is meant to kept
private or away from the prying eyes of the public, you have to make sure that you keep
these information as secure as possible or not produce the information at all, if necessary.
Cyberbullying- one of the worst kinds of flaming activities because even innocent people are
victimized by this. It is a type of offensive action toward another which takes place using
electronic technology. This is a phenomenon that can trigger traumatic experiences & can be
worse than physical bullying since cyber bullying can happen anytime of the day.
Cyberbullies anonymously post hateful & mean messages and images & can reach other
people very quickly. Often the sources of these images & messages are difficult to trace &
even when some of the content are erased, there are still remnants left behind because of
the very nature of the Internet.