The Liceo de Zamboanga Copyright School Policy is composed of two part: (a) General Copyright Policy - adopted from The Intellectual Property Code of The Philippines; and (b) Short Statement - intended to be displayed prominently in copy areas of the school. The policy is to guide and inform the school constituents about their rights and obligations concerning Republic Act No. 8293. Newly hired faculty and staff are required to attend copyright workshop.

Part I - General Copyright Policy of Liceo de Zamboanga

Intellectual Property Code of The Philippines, also known as Republic Act No. 8293 States that it is illegal to duplicate copyrighted materials for commercial purposes without authorization of the holder of the copyright. Severe penalties may be imposed for unauthorized copying of original work, unless the copying or using conforms to the “fair use” doctrine.

While the school encourages its staff to enrich the learning programs by making proper use of supplementary materials, it is the responsibility of the faculty and staff to abide by the copying procedures and obey the requirements of the law. In no circumstances shall it be necessary for the faculty and staff to violate copyright requirements in order to perform their duties properly.

Copyright / Original Work (Republic Act No. 8293, Chapter 2, Section 172.2)

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

Copyright Owners’ Rights (Republic Act No. 8293, Chapter 4, Section 177)

The owner’s rights shall consist of the exclusive right to carry out, authorize or prevent the following acts:

•        Reproduction of the work or substantial portion of the work;

•        Dramatization, translation, adaptation, abridgment, arrangement or other transformation of the work;

•        The first public distribution of the original and each copy of the work by sale or other forms of transfer of ownership;

•        Rental of the original or a copy of an audiovisual or cinematographic work, a work embodied in a sound recording, a computer program, a compilation of data and other materials or a musical work in graphic form, irrespective of the ownership of the original or the copy which is the subject of the rental;

•        Public display of the original or a copy of the work;

•        Public performance of the work; and

•        Other communication to the public of the work

Fair Use of a Copyrighted Work (Republic Act No. 8293, Chapter 8, Section 185.1-188.2)

The fair use of a copyrighted work for criticism, comment, news reporting, teaching including multiple copies for classroom use, scholarship, research, and similar purposes is not an infringement of copyright. In determining whether the use made of a work in any particular case is fair use, the factors to be considered shall include:

·         The purpose and character of the use, including whether such use is of a commercial nature or is for non-profit education purposes;

·         The nature of the copyrighted work;

·         The amount and substantiality of the portion used in relation to the copyrighted work as a whole; and

·         The effect of the use upon the potential market for or value of the copyrighted work.

The fact that a work is unpublished shall not by itself bar a finding of fair use if such finding is made upon consideration of all the above factors.

Moral Rights (Republic Act No. 8293, Chapter 10, Section 195 -197)

•        To require that the authorship of the works be attributed to him, in particular, the right that his name, as far as practicable, be indicated in a prominent way on the copies, and in connection with the public use of his work;

•        To restrain the use of his name with respect to any work not of his own creation or in a distorted version of his work.

•        To use the name of the author, or the title of his work, or otherwise to make use of his reputation with respect to any version or adaptation of his work which, because of alterations therein, would substantially tend to injure the literary or artistic reputation of another author.

Reproduction of Published Work (Republic Act No. 8293, Chapter 8, Section 187)

•        The private reproduction of a published work in a single copy, where the reproduction is made by a natural person exclusively for research and private study, shall be permitted, without the authorization of the owner of copyright in the work.

•        The permission granted under shall not extend to the reproduction of:

(a) A work of architecture in form of building or other construction;

(b) An entire book, or a substantial past thereof, or of a musical work in which graphics form by reprographic means;

(c) A compilation of data and other materials;

(d) A computer program except as provided; and

(e) Any work in cases where reproduction would unreasonably conflict with a normal exploitation of the work or would otherwise unreasonably prejudice the legitimate interests of the author.

Reprographic Reproduction by Libraries (Republic Act No. 8293, Chapter 8, Section 188)

•        Any library or archive whose activities are not for profit may, without the authorization of the author of copyright owner, make a single copy of the work by reprographic reproduction:

(a) Where the work by reason of its fragile character or rarity cannot be lent to user in its original form;

(b) Where the works are isolated articles contained in composite works or brief portions of other published works and the reproduction is necessary to supply them; when this is considered expedient, to person requesting their loan for purposes of research or study instead of lending the volumes or booklets which contain them; and

(c) Where the making of such a copy is in order to preserve and, if necessary in the event that it is lost, destroyed or rendered unusable, replace a copy, or to replace, in the permanent collection of another similar library or archive, a copy which has been lost, destroyed or rendered unusable and copies are not available with the publisher.

•        Notwithstanding the above provisions, it shall not be permissible to produce a volume of a work published in several volumes or to produce missing tomes or pages of magazines or similar works, unless the volume, tome or part is out of stock; Provided, That every library which, by law, is entitled to receive copies of a printed work, shall be entitled, when special reasons so require, to reproduce a copy of a published work which is considered necessary for the collection of the library but which is out of stock.

*Adopted and modified from the Intellectual Property Code of The Philippines and The School Board of Sarasota County Copyright Policy.

 

Part II - Short Statement

*To be displayed prominently in copy areas of the school.

 

The School Board of Liceo de Zamboanga hereby notifies all employees that a willful infringement of Copyright Law may result in disciplinary action.

Please be cautious. If you do not know whether your materials can be reproduced legally, please contact   Library Services at 0918-753-1187 for assistance. Copyright violation is a serious matter. The Library Services reserves the right to refuse any request for duplication of materials that violate the Copy-right Law of the Philippines.

 

*Adopted and modified from The School Board of Sarasota County Copyright Policy.

 

Reference:

 

REPUBLIC ACT NO. 8293 AN ACT PRESCRIBING THE INTELLECTUAL PROPERTY CODE AND ESTABLISHING THE INTELLECTUAL PROPERTY OFFICE, PROVIDING FOR ITS POWERS AND FUNCTIONS, AND FOR OTHER PURPOSES, Pub. L. No. S. No. 1719, H. No. 8098 (1997). Retrieved from http://www.congress.gov.ph/download/ra_10/RA08293.pdf

The School Board of Sarasota County Copyright Policy. (2012). Retrieved from http://www.sarasotacountyschools.net/uploadedFiles/Departments/Print_Shop/Documents/copyright%20policy.pdf