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Monday, June 22, 2009

Photocopying of Books: infringement or not?


    Photocopying or buying pirated books is taboo for me.      Even though I was just a poor working law student then, I have never hesitated to buy original textbooks no matter how expensive they were except if the book i urgently need is out of stock.     My ultimate goal is to remunerate the intellect of the author.   After all, I am benefiting from his excellent work and efforts, so why not bless him.   However, sometimes, I am guilty of purchasing hand-me-down novel books (I am not fond of romantic novel).    

    I cannot understand why some law students (or non-law students) photocopy the ENTIRE book but can afford to buy high-tech and expensive cell phone/gadget almost every semester.    

It is not infringement if a student or a NATURAL person photocopies a published work in a SINGLE copy EXCLUSIVELY for research and private study but not for commercial use as permitted by Section 187 of the Intellectual Property Code of the Philippines (R.A. 8293).   Published works are works, which, with the consent of the authors, are made available to the public by wire or wireless means (that includes the use of internet).

The reproduction of the ENTIRE book, or a substantial part thereof or the substantial diminution of the value of the original work, if made WITHOUT the consent of the author shall constitute infringement.   A person infringing the right protected shall pay the owner of the copyright, his assigns or heirs actual, moral and exemplary damages and shall be guilty of a crime punishable by imprisonment.

The protection of the INTELLECTUAL product such as literary, scholarly, scientific or artistic work is called copyright.   To obtain a copyright, the author must apply for a Philippine Copyright at The National Library.      It is thereby the copyright proprietor who shall have the exclusive right to file an action for infringement which has a 2-year prescriptive period.
  


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