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MEDIA
Introduction
(Short intro just in case)
Technological advancements in our generation have allowed us to access
every available source of information around the globe with just a touch of a
button. As with any other privilege, technology is fast becoming a tool for
unscrupulous persons/entities to create new ways of circumventing the law
on copyrights. Every gadget, from PCs to cellphones, have easy access to the
internet and other software programs designed to make our lives easier. You
need the time? Check your cellphone. You want to watch your favourite TV
series? You can check it on the internet via your cellphone, tablet, laptop etc.
You want to listen to music, read a book, check the dictionary, or play a
game? All of those things can now be accessed with just a swipe of a finger.
The problem is that technology has also made it easier for criminals to make
money through media piracy via the internet. The internet is a vast array of
networks spread all over the world with domains and hosts ready to be
changed in an instant. It crosses international boundaries and jurisdictions
making lawbreakers much harder to apprehend. And the bigger problem is
that the masses have become very willing participants in the circulation of
illegal data.
These days, an original DVD costs around Php 350.00 to 500.00 each. An
original music CD costs Php 280.00 for local musicians and 450.00 for
international artists. Brand new pocketbooks range from Php 100.00 to
1,000.00 each. Aside from mass media, computer softwares are also the
target of internet piracy. Original installers for operating systems range from
Php 1,000 to 2,000 and other accessory applications also require other
purchases for installers. On the other hand, downloading these from sites
such as UTorrent, Pirate Bay and other illegal downloading sites would cost
you nothing but the internet fees you have to pay in order to download the
sites content. Efforts to eradicate these types of websites have resulted to
public backlash and complaints about how not many people can afford to pay
or buy original copies of the works they are downloading from the internet.
But what about the rights of the creators of these movies, music or books?
How are the copyright owners protected and who gets reprimanded for
participating in the distribution of illegally acquired media?
Implications
(Mae)
APPLICATION
With the heightened use of the internet and easy accessibility of computers
nowadays, several local laws have been enacted to protect the rights of the
copyright owners and the public from copyright abuses in the form of
technology.
Intellectual Property Code (RA No. 8293)
The Intellectual Property Code has been in existence since 1997 but was
amended in 2013 by RA No. 10372 in order to keep up with the changing
dynamics of technology in the country. The said amendment brought about
criticisms from the public due to certain limitations imposed on the purchase
and use of copyrighted material. The government however, clarified the
issues raised in its website 1 by making a compilation of frequently asked
questions.
Issues in the Amendment of the Intellectual Property Code
1 Infographic: FAQs on the amendments to the Intellectual Property Code of the Philippines.
March 11, 2013. Date Accessed: November 7, 2015.
(http://www.gov.ph/2013/03/11/infographic-faqs-on-the-amendments-to-the-intellectualproperty-code-of-the-philippines/)
The issues raised (based on the amendments introduced to the original law)
are the following:
1. Am I still allowed to import books, DVDs, and CDs from abroad?
Yes. In fact, the amendments to the Intellectual Property Code have removed
the original limitation of three copies when bringing legitimately acquired
copies of copyrighted material into the country. Only the importation of
pirated or infringed material is illegal. As long as they were legally
purchased, you can bring as many copies you want, subject to Customs
regulations.
teaching
including
multiple
copies
for
classroom
use,
commit the punishable acts for the purpose of sale, rental or other
commercial distribution shall suffer the penalty in the maximum. Foreign
offenders shall face immediate deportation after payment of the fine and
serving his/her sentence, and will permanently be refused entry to the
Philippines. Offenders who are employees of or hold a seat in government
will perpetually be disqualified from public office, and will forfeit his/her right
to vote and participate in public election for five (5) years.
Pilipinas Anti-Piracy Team (PAPT) and
the Philippine Association of Record Industry (PARI)
According to the latest IDC Global Software Piracy Study, the software piracy
rate in the Philippines remained at 71% in 2004 and 2005. Software piracy
losses increased from US$69 million to US$76 million. In order to fight the
increasing number of pirated software, the National Bureau of Investigation
(NBI), Optical Media Board (OMB), Philippine National Police (PNP) worked
with the Business Software Alliance (BSA) in forming the Pilipinas Anti-Piracy
Team. The group aims to combat software piracy by strictly enforcing the
laws on all businesses and industries regarding the use of original software.
However, this group has only been operating around Southern Luzon, mainly
in Central Visayas.
Philippine Star2 has stated that After two decades, the US has recently
removed the Philippines from its piracy watch list, following significant
reforms put in place by the country.
The Philippines has been consistently on the watch list since 1994 and was
first listed in 1989. Because of its many significant legislative and regulatory
efforts to protect and enforce intellectual property rights, it was finally taken
off the list.
from Php 200,000 to 500,000 and six to 20 years in prison. But now that any
crime under the Revised Penal Code a list of general punishable acts is
now considered a cybercrime if done using a computer or the internet, the
prior laws pertaining to intellectual rights and piracy are given more support
for enforcement.
Can ordinary internet users be made liable for copyright
infringement?