Intellectual Property Rights Fundamentals
- 1. Intellectual Property Rights on the Development and Use of Digital Materials LESSON 3:
- 2. Learning Outcomes 1. Define and identify examples Intellectual Property Rights (IPR). 2. Define and explain the interrelationship of copyright to authors 3. Explain the importance of abiding copyright laws and IPR
- 3. Intellectual Property Rights Intellectual property (IP) refers to creations of the mind: inventions, literary and artistic works, and symbols, names, images, and designs used in commerce. Intellectual property protection is important in fostering innovation. Without the protection of ideas, individuals will not be able to enjoy the full benefit of their inventions and they would not be compensated for their creations. This encourages innovation without the fear that a competitor will steal the ideas or take the credit for it.
- 4. Intellectual Property Rights Intellectual Property is divided into two categories: • Industrial property, which includes inventions (patents), trademarks, industrial designs, and geographic indications of source. • Copyright
- 7. Copyright This refers to the legal rights given to the owner of the original work or intellectual property. These “works” are original intellectual creations in the literary and artistic domain protected from the moment of their creation which include the following: ◦ Books, pamphlets, articles and other writings. ◦ Periodical and newspaper ◦ Lectures, sermons, addresses, dissertations prepared for oral delivery, whether or not reduced in writing or other forms; ◦ Letters ◦ Dramatic or dramatic-musical compositions; choreographic works or entertainment in dumb shows; ◦ Musical compositions, with or without words. ◦ Works of drawing, painting, architecture, sculpture, engraving, lithography or other works of art; models or design for works of arts;
- 8. Copyright ◦ Original ornamental designs or models for articles manufacture, whether or not registrable as an industry design, and other works of applied art; ◦ 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 including works produced by a process analogous to photography; lantern slides. ◦ Audiovisual works and cinematographic works and works produced by a process analogous to cinematography or any process for making audiovisual recordings; ◦ Pictorial illustrations and advertisements. ◦ Computer programs and ◦ Other literary, scholarly, scientific and artistic works.
- 9. Issues on Copyright The internet is a very rich source of these materials and we should be careful in using them. These works are protected by the sole fat of their creation, irrespective of their form or mode of creation as well as their content, quality and purposes. Now that copy and paste are very accessible commands in our computer toolbars, we should not try to violate the copyright laws otherwise we could be accused of copyright infringement. Copyright infringement is the use of works without permission where the copyright holder has the exclusive right to reproduce, distribute, display or perform the protected work, or to make derivative works. Proper citation should be used when including them in our outputs.
- 10. Issues on Copyright Copyright infringement is punishable by law. Using the available materials of interviewing a knowledgeable person such as a lawyer, research for the penalties or violation of the copyright law. Copyright is a “bundle” of rights and these exclusive rights include: ◦ reproduce the work in copies ◦ distribute copies of the work ◦ publicly display or perform ◦ make derivatives, adaptations, translations ◦ authorize others to use any of these rights
- 11. Guidelines in Online Copyright (Smaldino, Lowther and Russel, 2012) Contrary to popular opinion, all material on the internet is copyrighted unless stated otherwise. It is copyrighted even if it does not display the copyright symbol. Downloading an article from the newspaper’s website, making copies and distributing them to your students prior to a class discussion on the topic is permissible following the current photocopying guidelines which permits making multiple copies for classroom use. The exception would be individually bylined, copyrighted articles, or articles from a source specifically designed (adapted from Becker, 2003).
- 12. Guidelines in Online Copyright (Smaldino, Lowther and Russel, 2012) An email is an original work, fixed in a tangible medium of expression, that is covered by copyright. Hence it is recommended that you should not forward any email without permission, in consideration of both copyright and Privacy Act. You cannot post students’ essays, poems, or other works on the school website unless you have permission of the students and their parents or guardians. Educators should treat copyrighted materials from the internet the same way they do to print formats. The best guideline is to always obtain permission. When in doubt, ask professionals.
- 13. Copyright Works Any or all of the copyright owner’s exclusive rights or any subdivision of those rights may be transferred, but the transfer of exclusive rights is not valid unless that transfer is in writing and signed by the owner of the rights conveyed or such owner’s duly authorized agent. Transfer of a right on a nonexclusive basis does not require a written agreement. Before an article is published in a journal, or before a contribution to an academic textbook is published, author and publisher enter into a publishing agreement which often entails an assignment of copyright or exclusive dissemination rights. An assignment transfers the copyright from author to publisher outright, while a license merely transfers circumscribed or limited rights to the publisher. In general, publishers in the field of science, technology and medicine (STEM) prefer assignments over licenses.
- 14. Copyright Works Open access journals will either let authors retain copyright or ask authors to transfer copyright to the publisher. In either case, the copyright holder will consent to open access for the published work. When the publisher holds the copyright, it will consent to open access directly. When authors hold the copyright, they will insure open access by signing a license to the publisher authorizing open access. Authors of preprints hold the copyright to them and may post them to open access repositories with no copyright problems whatever.
- 15. Copyright Works Educational fair use guidelines have been established to provide “greater certainty and protection” for teachers and apply to material used in educational institutions and for educational purposes: ◦ noncommercial instruction or curriculum-based teaching by educators to students at nonprofit educational institutions ◦ planned noncommercial study or investigation directed toward making a contribution to a field of knowledge, or ◦ presentation of research findings at noncommercial peer conferences, workshops, or seminars
- 16. Copyright Infringement vs Plagiarism Another violation on intellectual property is plagiarism. Although plagiarism and copyright infringement are related ideas, these two are different. Plagiarism, according to plagiarism.org is an act of fraud; it involves stealing someone else’s work and lying about it afterwards. Plagiarism further elaborates as follows; ◦ Turning in someone else’s work as your own ◦ Copying words or ideas from someone else without giving credits ◦ Failing to put a quotation mark ◦ Giving incorrect information about the source of a quotation ◦ Changing words but copying the sentence structure of a source without giving credits. ◦ Copying so many words or ideas from a source that it makes up the majority of your work, whether you give credit or not.
- 17. Copyright Infringement vs Plagiarism For images, videos and music, the following are counted as plagiarism: ◦ Copying media from the other websites to paste them into your own paper works or website. ◦ Making a video using footage from others videos or using copyrighted music as part of the sound track. ◦ Performing another persons copyrighted music. ◦ Composing a piece of music that borrows from another composition. Plagiarism refers to copying the work of another and claiming it as one’s ideas or without proper attribution while copyright infringement is copying one’s work without obtaining permission. In this sense, copyright infringement is a violation of the copyright holder while plagiarism is a violation of academic norms but not illegal; copyright violation is illegal but quite common in academia. Plagiarism is an offense against the author; copyright violation is an offense against the copyright holder
- 18. Sources: World Intellectual Property Organization International Association of Scientific, Technical & Medical Publishers EIFL Electronic Information for Libraries
- 19. Thank You…
Editor's Notes
- #4: Copyright, which includes literary and artistic works such as novels, poems and plays, films, musical works, artistic works such as drawings, paintings, photographs and sculptures, and architectural designs. Rights related to copyright include those of performing artists in their performances, producers of phonograms in their recordings, and those of broadcasters in their radio and television programs.