Copyright and Related Laws Effects on Library Service in the Philippines Vyva Victoria M. Aguirre, LL.M., M.L.S.

Rep. Act 9246: The Philippine Librarianship Act of 2003 Art.I, sec.2. The state recognizes the essential role of librarianship as a profession in developing the intellectual capacity of the citizenry, thus making library service a regular component for national development...

LIBRARIANSHIP: A SERVICE PROFESSION Its commodity: INFORMATION

Limitations to free access to information: Copyright Related Laws: E-Commerce Law Optical Media Law

Philippine Constitution, art. XIV, sec.13: The state shall protect and secure the exclusive rights of scientists, inventors, artists and other gifted citizens to their intellectual property and creations, particularly when beneficial to the people...

Creator’s rights: Effects on library service in the Philippines the digital environment

INTELLECTUAL CREATION Author: literary, dramatic, historical, legal, philosophical, scientific or other work Composer: musical composition Painter, sculptor, other artists: product of their art Scientist, technologist, other persons: discovery or invention

Intellectual Property Code, sec Works are protected by the sole fact of creation, irrespective of their mode or form of expression, as well as of their content, quality and purpose.

Copyright, defined: an intangible, incorporeal 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. (Sibal, 1986)

Limitations to copyright: ideas, concepts, principles, discoveries or mere data as such, even if expressed, not subject to copyright procedure, system, method or operation,

Limitations... news of the day other miscellaneous facts of mere items of press information official texts of legislative, administrative or legal nature, including translations thereof

Registration and deposit requirements (IPR Code, sec.191) After the first public dissemination or performance by authority of the copyright owner... there shall, for the purpose of completing the records of the National Library and the Supreme Court Library, within three weeks,

Registration and deposit... be registered and deposited with it... two (2) copies or reproductions of the work in such form as the directors of said libraries may prescribe...

Philippine law on “fair use” for criticism, comment news reporting teaching, including multiple copies for classroom use, scholarship, research and similar purposes

FAIR USE, CRITERIA purpose and character of use – commercial or non-profit? nature of copyrighted work – for general audience or textbook? amount and substantiality of the portion used in relation to the whole effect of use on potential market

When a single copy may be made by reprographic reproduction: work of fragile character or rarity isolated articles or brief portions of works... for study or research for preservation for replacing lost or destroyed copies, if no longer available with publisher

What cannot be produced even for study and research: work of architecture entire book or substantial part thereof musical work in graphic form compilations computer program (except back-up) any reproduction that will conflict with normal use or prejudice author’s interests

Code of Ethics for Registered Librarians, Art.I, sec.1. Librarians should recognize and respect the supreme authority of the state as expressed through its laws and implemented by its agencies. Art.II, sec.4. Librarians... should refrain from doing acts contrary to laws...

Piracy (E-Commerce Act) the unauthorized copying, reproduction, dissemination, distribution, importation, use removal, alteration, substitution, modification, storage, uploading, downloading, communication, making available to the public, or broadcasting

Piracy... of protected material, electronic signatures or copyrighted works including legally protected sound recordings or phonograms or information material on protected works,

Piracy... through the use of telecommunication networks such as, but not limited to, the internet, in a manner that infringes intellectual property rights...

Optical Media Act of 2003 Prohibits mastering, manufacture or replication of any intellectual property in optical media intended for commercial profit or pecuniary gain without authority or consent of the owner.

U.S. Digital Millennium Copyright Act (DMCA) Negative implications: exclusive right of access differs from copyright inapplicability of “fair use” doctrine inapplicability of traditional distinction between copyrightable and non- copyrightable works

Government works No copyright No prior approval or conditions for use or exploitation except if for profit BUT Compilations which are original by reason of selection or coordination or arrangement are protected by copyright.

Copyright law awareness in Manila Universities Problems encountered by librarians: students photocopy textbooks to avoid cost of expensive original copies (60%); readers photocopy portions of theses without permission (55.1%); requests for photocopy of whole books by other institutions (48%). (F. de la Rosa, 2000)

THANK YOU AND GOOD DAY!