One major concern in internet publishing is the issue of copyright. Writers and artists fear that their work will be stolen the moment they make them available online.

This concern is not without basis. With the advent of the internet, copyright theft or the unauthorized use of a work or material has become very prevalent. The ease with which one can download, copy, paste, print, and save materials from the internet makes theft of copyrighted materials extremely fast and easy. Add to that the software and programs hosted in the internet that allow sharing, uploading, and downloading of materials.

Van Slyke and Golden has this to say about the World Wide Web: “The Internet has been characterized as the largest threat to copyright since its inception. The Internet is awash in information, a lot of it with varying degrees of copyright protection. Copyrighted works on the Internet include news stories, software, novels, screenplays, graphics, pictures, Usenet messages and even E-mail” (Van Slyke and Golden, 1999).

The best way to safeguard materials from theft, then, is to not make them available online. But then, the internet has become the language of today’s generation, and it’s going to stay. Online visibility has become necessary, as self-publishing (e.g. blogs) has become very popular.

It is therefore important that anyone who wishes to protect his or her work while trying to have a strong internet presence at least knows his or her rights as a creator.

 

Copyright Explained

Copyright, according to the World Intellectual Property Organization (WIPO), is a form of intellectual property protection for creative materials like literary works, films, music and sound recordings, and images and art works. Symbolized by the letter c inside a circle (©), it gives the owner of the work the exclusive right to reproduce, distribute, perform, display, or license his or her work, as well as to produce or license derivatives of his or her work. The copyright owner of a work has the right to exclude others from use of the work without his authorization, set the parameters of use, and enjoy financial benefits from the work.

Moreover, the WIPO stipulates that copyright protection also includes “moral rights, which involve the right to claim authorship of a work, and the right to oppose changes to it that could harm the creator’s reputation.” Copyright is in effect until 50 years after the copyright owner’s death, but some countries have longer time limits. The European Union and the United States of America, for example, have extended the duration of copyright to 70 years after the death of the creator.

In countries that are signatories to the Berne Convention, a work is automatically copyrighted upon its creation; hence, registration is not necessary. The Philippines is a signatory to the Berne Convention.

 

Ownership of Copyright

The creator of a work may not necessarily be the owner of the copyright. According to the Intellectual Property Code of the Philippines, otherwise known as Republic Act 8293, copyright belongs to the author or creator of the work “in the case of original literary and artistic works.” When the work, however, was jointly created, the co-authors co-own the copyright, unless the work consists of identifiable parts, in which case, the creator of a part owns the copyright of that part.

The copyright of works created during and in the course of one’s employment, on the other hand, belongs to the employee if the work is not part of his or her regular duties. This is even if the employee created the material while at work, using the employer’s time, facilities and materials. However, if the object of copyright is part of the employee’s duties, the copyright belongs to the employer, unless there had been an agreement to the contrary between the two parties.

In case of commissioned work, where the one who commissioned the work is not the authors’ employer, the person who commissioned the work shall have ownership of the work, but the copyright remains the author’s. Again, this is unless there had been an agreement between the two parties to the contrary.

As to literary and artistic materials submitted for publication, the Intellectual Property Code of the Philippines stipulates: “The submission of a literary, photographic or artistic work to a newspaper, magazine or periodical for publication shall constitute only a license to make a single publication unless a greater right is expressly granted. If two (2) or more persons jointly own a copyright or any part thereof, neither of the owners shall be entitled to grant licenses without the prior written consent of the other owner or owners” (Part IV, Chapter 7, Section 180.3).

 

Fair Use

To avoid infringement of copyright, one should always ask permission from the copyright owner to use his or her material. Failure to do so could constitute copyright violation.

There are some instances, however, when it is not necessary to ask permission from the copyright owner, provided the use falls under the fair use clause of the copyright law.

Though the fair use clause is not clear-cut, as the definition of what is “fair” and “reasonable” is not clear, there are some bases that could serve as guide in deciding whether the use of a work is fair or not. According to the WIPO, use of a work for the purpose of criticism, education, news reporting, or scholarship is allowed so long as the copied material is not substantial and the creator of the work or copyright owner is credited. Failure to credit the copyright owner, even if the use is for educational purposes, may constitute infringement of copyright (Field, 2006). The Intellectual Property Code of the Philippines (Part IV, Chapter VIII, Section 185) stipulates the following guidelines in deciding whether use is fair or not:

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.

The WIPO likewise stipulates that using another person’s materials for commercial purposes is not allowed. Hence, when the use of a material interferes with the copyright owner’s income from the material, it may already be considered an infringement of copyright. It is also not fair to use another person’s work to suggest that he or she endorses a product or idea, without explicit permission from him or her.

To learn more about copyright, visit these links:

http://www.wipo.int/copyright/en/faq/

http://www.wipo.int/clea/docs_new/pdf/en/ph/ph001en.pdf

 

(Part II: Possible reasons why online copyright infringement is prevalent and what bloggers/writers and artists can do to protect their creations online)

 

 

Sources:

Field, Thomas, Jr., G. (July 23, 2006) Copyright on the Internet. Pierce Law: Franklin Pierce Law Center. Retrieved July 30, 2008, from http://www.fplc.edu/tfield/copynet.htm#lim

 

Intellectual Property Office – Philippines. Retrieved August 17, 2008, from http://ipophil.gov.ph/IPCode/CopyrightsLawMAIN.htm

 

WIPO Website. Retrieved August 17, 2008, from http://www.wipo.int/copyright/en/faq/ and

 

Van Slyke, Paul C. and Golden Philip T. (September, 1999). Trend in Internet Litigation. Retrieved July 31, 2008, from http://www.lockelord.com/files/News/18d96cfa-d367-4fca-bd77-05278a1d9cd6/ Presentation/NewsAttachment/2c8df2c4-4ea7-42f5-81ef-098139d7e7af/ TrendsinInternetLitigationpdf%5B1%5D..pdf

 

 

 

 

 

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