Transcript for:
Understanding Intellectual Property in Media

[Music] once there was a talented young man named juan juan belonged to the indigenous people from mindanao he always dreamed of sharing his talent through singing one of his biggest dreams was to produce his own album with his original compositions and songs his music feature the rich culture of gotabato [Music] province [Music] [Applause] [Music] [Music] [Music] foreign [Music] [Music] i thought it was for real one day he decided to ask help from his uncle who was then a singer and producer from the nearby city hello everyone hi uncle how are you i'm doing great one what about you is everything okay yes uncle i'm doing good uncle can you do me a favor please yes what is it can you assist me in recording and producing my own music album it's really my biggest dream ever oh yeah i remember you shared it with me the last time it's a perfect time for you because my friend brex is also a producer and a teacher is currently looking for an amateur artist for his next project he wants to produce regional and cultural music that celebrates and depicts the rich culture of a community wow that's great uncle because most of my compositions and songs have a cultural background another good thing is he is giving a free apprenticeship and you learn a lot of things from him i'll give him a heads up about you and i'll send his contact details to you or you can talk to him on face talk wow i'm so excited now uncle hello sir bricks hi juan how are you your uncle told me about you and i appreciate your passion for music i've also heard that you wanted to produce your own album yes sir i really want to feature our original music that depicts our culture here in mindanao especially in katabata province that's great i commend your enthusiasm in using your talent to showcase and preserve your own culture that's why i am more than willing to help you with that but first are you willing to be my apprentice yes sir i am more than willing to be your apprentice that's good to know so what are you waiting for let's get started but before we proceed i want to send you this modules it will be your guide as we do our discussion and our activities i want you to know that aside from you all my other students from all over the country will also be watching you'll be learning important things today with the rest of them one before we proceed to our discussion i first want to have a quick review of the lesson that i gave to my students last meeting in our last virtual learning we talked about how to be a competent producer of media and information by discussing the different codes and conventions in media today we are going to tackle how an individual can protect his or her produced media and information so get ready to think wisely create smartly and share information responsibly in your apprenticeship you will learn more about the different types of intellectual property property rights specifically the intellectual property law of the philippines and the guidelines of fair use to get your wump up let us have first an activity try to figure out what these terms are by filling out the black boxes the following terms are all associated with our topic today i will be giving you three seconds to answer each item number one time's up awesome you're right the answer is copyright number two [Music] time's up let's see if you got it right if your answer is original work then you are correct number three time's up amazing you are correct the answer is property rights number four let's check your answer the correct word is creative comments number five time is up let's check the last item the correct answer is intellectual property [Music] how's your score one i only got three that's okay you'll get better next time the creativity of human beings is inarguably due to having a superior intellect humans continue to survive because of their ability to create or invent technology furthering the preservation of the species in contemporary times the creation of the human mind is given so much value to the extent that mechanisms to protect these creations are put in place that's why we are here today to discuss these mechanisms in an international and local context first let's discuss property rights property rights define the theoretical and legal ownership of resources and how they can be used these resources can be both tangible or intangible and can be owned by individuals businesses and governments one of the common types of property rights is the intellectual property intellectual property or ip as defined by the world intellectual property organization or repo is the creation of the mind such as inventions literary and artistic works designs and symbols names and images used in commerce this property is usually intangible in our country we have a localized law for intellectual property it's the republic act number 8293 or called the intellectual property code of the philippines this is an act prescribing the intellectual property code and establishing the intellectual property office providing for its powers and functions and for other purposes i will give you a complete copy of ra number 8293 i'll send it to your email so sir brex what is the importance and purpose of intellectual property effective protection of intellectual property rights is essential to fostering creativity and supporting our economic and financial infrastructure as this rights create incentives for entrepreneurs artists firms and investors to commit the necessary resources to research develop and market new technology and creative works just like your future album wow so it means that my future album should be named or branded after me so no one could steal it you're absolutely correct to add to that take a look at these types of intellectual property number one copyrights copyrights do not protect ideas but rather the manner in which ideas are expressed with certain exemptions copyrights allow the owner of the protected materials to control their production performance new versioning or adaptations public performance and distribution of the works [Music] the coverage of the copyrights are the following books music paintings advertisements films databases maps and technical drawings [Music] number two pattern a patent is used to protect inventive ideas or processes things that are new useful and non-obvious patents are also used to protect newly engineered planche species or strains the coverage of a patent is the exclusive right granted for an invention number three trademark a trademark isn't like a patent in that it protects words phrases symbols sounds smells and color schemes trademarks are often considered assets that describe or otherwise identify the source of underlying products or services that a company provides the coverage of trademarks are brand names product names company logos and slogans number four industrial design industrial design constitutes the ornamental or static aspect of an article or object the coverage of industrial designs are designs of an object shape or surface patterns lines or colors number five geographical indication in appellation of origin these are signs used in goods that have a specific geographical origin and possessed qualities a reputation or characteristics that are essentially attributable to that place of origin the coverage of geographical indication and appellation of origin is the name of the place of origin of the goods or products did you know that these privileges have also their limitations and validity period let's take a look the copyright of a literary work is valid during the lifetime of the author plus 50 years after his or her death the copyright of artwork is valid 25 years from the date of creation the copyright of photographic works and audiovisual works is valid 50 years from the date of publication sound recordings copyright is valid 50 years from the year the recording took place broadcast recordings copyright is valid 20 years from the date of broadcast a trademark is valid for 10 years and may be renewed for a period of 10 years an invention patent is valid for 20 years from the date of application let's further discuss the most common intellectual property the copyright copyright is mainly the protection of one's expressions which only becomes tangible and concrete when objects are created as manifestations of these expressions copyright does not cover ideas procedures methods of operation or mathematical concepts because no person or institution can claim sole ownership of these sufficient authorship must exist for these to be covered by copyright even titles slogans or logos may or may not have copyright if you are the author of a particular work you are entitled to two types of rights under copyright law these are the following economic rights the rights of an owner or author to be properly compensated financially upon his or her permission for the work to be used by another and moral rights the right to non-economic interests of the author how can i acquire those rights the brain convention for the protection of literary and artistic works usually known as the bryn convention is an international agreement governing copyright which was first accepted in burn switzerland in 1886 it deals with the protection of works and the rights of their authors musicians poets painters etc with a means to control how their works are used by whom and on what terms according to section 172 of the intellectual property code literary and artistic works refer to the original and intellectual creations that are protected from the moment of their creation the list of the literary and artistic works include the following boobs pamphlets articles and other writings periodicals in newspapers lectures sermons addresses dissertations prepared for oral delivery letters dramatic compositions choreographic works or entertainment musical compositions with or without words drawings paintings architectural sketches sculptures engravings lithography or other works of art models or designs for works of art original ornamental designs or model for articles for manufacture illustrations maps plans sketches charts and three-dimensional works relative to geography topography architecture or science drawings or plastic works of a scientific or technical character photographic works audio visual works and cinematographic works pictorial illustrations and advertisements computer programs other literary scholarly scientific and artistic works in the philippines the intellectual property law specifies certain limitations or exemptions to copyright this is called fair use when you wish to copy an entire word or portions of it even when the copyright holder fails to give his or her permission fair use may be invoked in certain occasions the rationale of fair use is to guarantee some breathing space for new expression within the confines of the copyright law in other words if copyright holders have complete control of their works information may be constrained and restrained from ever reaching a wider audience so what works are covered by fair use good question the work is covered by fair use when it is a criticism or a commentary a parody a news report an artistic expression or artifact scholarly and research works a product of a time shifting device such as a tv program recorder or a piece of information found through web search engines there are also four factors considered for fair use these are the purpose and character of your user the nature of the copyrighted work the amount and substantiality of the portion taken and the effect of the use upon the potential market but for beginners like you or to those who have limited access to the original works that you want to adapt or borrow we have the so-called creative commons it is an american non-profit organization and international network devoted to educational access and expanding the range of creative works available for others to build upon legally and to share it can give people the right to share use and even build upon a work as well as protect users against the threat of copyright infringement with the condition that these users abide by the conditions specified by the owner or holder of the copyright before we end our discussion i want you to watch our guest for today he is a producer and a film director based in los angeles california usa he is none other than mr jeff solema he will be giving you some important reminders about our topic and some tips if you want to be a content creator someday as a filmmaker and producer i think it's important to always look out for other people's work the last thing you want to do is to use their intellectual property their ip without their permission i think it just gives mutual respect and knowing that their ip is of value that you will actually go and ask them for their permission to use their own product to add to yours i can't stress enough how important that is because if you do not and you just take it outright a few consequences can happen one is in the international business of selling and making sure that the other people's properties aren't being taken such as like a song without their permission or an image or even their likeness your product or your item or whatever it is that you're creating can actually be blocked censored or just not be available for sale because of that so protect yourself you should always always be on the lookout for other people's ip and making sure that you don't take it how you can protect your own ip now there's a few ways to do this one is there's a couple places if you're a writer and you want to protect your script you can actually go to writer's guild of america wga.org for a small fee at least you know somewhere it is being copyrighted i don't know other locations in the world but for the us you go to wga.org which is the writer's guild of america and or on top of that you can go to copyright with the us government my advice to content creators and young filmmakers and writers and such to protect your own ip is to follow all the steps in making sure that your work is protected because if you don't protect your work then someone else is going to take it for sure someone else is going to take it and if you respect it enough and you value it enough you will make that added step to make sure that you go out and protect it thank you so much for sharing your precious time with us sir jeff it means a lot to our future content creators i hope that you had a great time studying with me today now let's have a quick recap of our topic these are the key concepts that we discussed today number one property rights number two intellectual property at number three fair use guidelines property rights define the theoretical and legal ownership of resources and how they can be used intellectual property is the creation of the mind such as inventions literary and artistic works designs and symbols names and images used in commerce fair use guidelines permits the limited use of copyrighted material without having to first acquire permission from the copyright holder for our last activity i will be showing you several statements and you need to analyze if the statement is correct or not based on our discussions if you think that the statement is correct press the happy face icon and if you think the statement is wrong press the sad face icon are you ready let's begin [Music] number one republic act 8293 also known as the intellectual property code of the philippines prescribes the intellectual property code establishing the intellectual property office and providing for its powers and functions related to intellectual property issues time's up what's your reaction here you're right it's a happy face ra8293 protects the rights of artists inventors and original creators as to how their work can be used and reproduced by other people item number two you cannot freely use videos from creative commons since it doesn't allow people to use or share any of the material time's up let me see your answer the correct reaction here is a sad face you can use material from creative commons as long as you abide by the rules set by the owner number three copyright is mainly the protection of one's expressions which only becomes tangible and concrete when objects are created as manifestation of these expressions now let's see your third answer great the answer is a happy face a copyright is your legal right in possessing intellectual property item number four intellectual property or ip is the creation of the mind such as inventions literary and artistic works designs and symbols names and images used in commerce [Music] time's up what's your reaction you're right it's a happy face intellectual property is any intangible creation of the human intellect the last item fair use permits the limited use of copyrighted material without having to first acquire permission from the copyright holder let's check the last item what's your answer here you're right it's a happy face fair use policy allows non-profit educational institutions to use someone else's original and copyrighted work guided by specific rules and guidelines how many correct answers did you get one i get a perfect score sir brax congratulations one you've made it this far we are now done with our first session after this we can already start recording your songs wow thank you so much sirex for this jam-packed learning session with you i have learned a lot of things today and rest assured that i will use everything i learned today as we start creating my music album i am so excited to work on it you're welcome juan and to my students who are still watching now if you have any questions or comments about our topic or if you might want to share your learnings today you can post them on our official facebook page at that tv mil and use the hashtag mil responsiblecreator i know that the freedom to express yourself and to voice out your opinions comes with the heavy responsibility of doing it ethically don't forget the important things that we discussed and as we create new ideas it works as individuals or as a group may we sustain the respect that everybody deserves to get especially for their original works before i end our virtual call let me first give you some food for thought it's meal time chris jamie also known as the philosopher an american poet and philosopher once said that when you have wheat of your own it's a pleasure to credit other people for theirs that concludes our virtual learning today in the next episode we will be learning how to combat a digital divide addiction and bullying always remember think wisely create smartly and share information responsibly my name is serbrax until next time here on dapad tv [Music] [Music] you