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Yes, If Without Consent of Composer: Bituing Walang Ningning

The document provides 10 questions asking whether certain situations constitute copyright infringement under Philippine law. For each question, it asks for a yes or no answer along with a brief 2 sentence explanation. The questions cover topics like using Supreme Court decisions for a class, using cartoons without permission, sampling music in new songs, sharing private letters, and more.

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Rossette Anasario
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120 views

Yes, If Without Consent of Composer: Bituing Walang Ningning

The document provides 10 questions asking whether certain situations constitute copyright infringement under Philippine law. For each question, it asks for a yes or no answer along with a brief 2 sentence explanation. The questions cover topics like using Supreme Court decisions for a class, using cartoons without permission, sampling music in new songs, sharing private letters, and more.

Uploaded by

Rossette Anasario
Copyright
© © All Rights Reserved
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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ASSIGNMENT NO.

2-INTELLECTUAL PROPERTY
COMMERCIAL LAW REVIEW
Atty. Myra-Diwata A. Rivera-Caroy

INSTRUCTIONS:

1. This assignment consists of ten (10) questions calling of the pertinent provisions
of the Intellectual Property Code (RA 8292), as amended.
2. State whether the following items constitute copyright infringement. If your
answer is yes, cite the legal basis for your answers, and a mere “YES” or “NO”
answer shall not be given any credit. Limit your explanation to just two
sentences each. Place your answers right after the question/item.
3. Submit your assignment on or before 28 January 2021 at 5:00 p.m. Late
assignment outputs shall not be considered.

Topic
Infringement of Copyright

1. Third year law students in San Beda University download Supreme Court
decisions in Constitutional Law II pursuant to a course outline given by their
professor.
NO, because under Sec. 175 of IPC, any work of the Government of the
Philippines is an unprotected work and not protected by copyright and
no prior approval is needed for the use of any purpose of pronounced,
read or rendered in the courts of justice. Thus, there is no infringement
of copyright in this case.

2. Danica’s cartoon drawing of President Rodrigo Duterte and Vice-President Lennie


Robredo were used by Joselito in t-shirts, mugs and calendars for sale to the
public.
YES, because drawing is a Literary and Artistic work by the creator and
protected by copyright. Hence there is infringement in this case
because there is piracy and substantial reproduction of the original
work of Danica and Joselito benefits from it as provided under Sec. 216
of the IPC.
3. Moira releases a version of Sharon Cuneta’s “ Bituing Walang Ningning” as the
second single in her latest album, distributed by BMG Records.
No, because it is Moira’s version of the song and thus becomes her
derivative work which is also protected by copyright as a new work
under Sec. 173.2 of the IPC. It is a performance of a work made
accessible to the public which is not considered as an infringementof
copyright.

Yes, if without consent of composer


4. GMA’s television program “24 Oras” airs a portion of a cellphone video showing
police officer Nuezca firing a gun towards the Gregorio mother and son in Tarlac.
The cellphone video was taken by Cynthia using her cellphone, and uploaded to
her Facebook account.
NO, it is not an act which infringe copyright because it is a
reproduction or communication to the public by mass media of current
articles on social topic for information purposes, not expressly
reserved, and usually mass media indicate the source of a video.

Fair use, plus citation of source

5. Photocopying the book entitled “ Commercial Law Review ” by Jose Sundiang and
Timoteo Aquino, for personal use in this subject.
NO, an act of single copy reproduction of a published work by natural
person exclusively for research and private study (even without
authorization of owner does not constitute infringement of copyright.

6. BTS incorporates excerpts of the melody and chorus to Michael Jackson’s


“Smooth Criminal” in their latest single, available for distribution at iTunes.
No, because it is for fair use since it only incorporated excerpts of the
melody and chorus. When only a small portion of the original work was
used, it is not an infringement of copyright.

Yes, if made without consent of copyright owner


7. Hallmark uses abstract paintings of Janice in its greeting cards.
YES, because a painting is protected by copyright and owned by the
painter. Thus, hallmark committed direct infringement by using it in his
greeting cards.

8. The letters of John Lloyd Cruz to Ellen Adarna while they were still sweethearts
were published by Ellen Adarna in her Facebook account.
YES. Under Art. 723 of the Civil Code, letters and other private
communications in writing are owned by the person to whom they are
addressed or delivered, but they cannot be published or disseminated
without the consent of the writer. Hence, if it was published or
disseminated by Ellen without the consent of John Lloyd, then it is an
infringement of copyright.

9. Lani Misalucha sings Celine Dion’s songs in a charity concert for COVID-19
survivors at the CCP.
No, because recitation or performance of a work made accessible to
the public and strictly for charitable or religious institution is not an
infringement of copyright.

10. Maurice Arcache’s articles in his column “Tete a Tete” published at the Philippine
Daily Inquirer were compiled by a publisher to produce the book “ The Best of
Tete a Tete” upon the instance of Mr. Arcache.
No, because it is upon the instance of the original owner thus, there is
no infringement of copyright.

NOTHING FOLLOWS

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