Intellectual Property Rights (IPR) Applicable to the Educational Setting: Copyright
and related Rights Copyright Law
Intellectual Property Right
Intellectual Property Protection is important in fostering innovation. Without
protection of ideas, individuals will not be able to enjoy the full benefit of their inventions
and they would not be compensated for their creations. This encourages innovation without
the fear that a competitor will steal and/or take the credit for it.
Intellectual property, according to World Intellectual Property Organization (WIPO),
refers to creations of the mind such as inventions; literary and artistic works; designs; and
symbols, names and images used in commerce. An intellectual Property Right is a right
held by a person or by a company to have exclusive rights over these. Internationally, the
intellectual properties are protected by the World Intellectual Property Organization (WIPO)
to which the Philippines is one of the 191 member states. In our country, we have the
Intellectual Property Office of the Philippines (IPOPHIL) which administers and implements
state policies in relation to intellectual property. This office was created through Republic
Act 8293. This act defines intellectual property to include copyright and related rights;
trademarks and service marks; geographic indication; industrial designs; patents; layout
designs of integrated circuits; and protection of undisclosed information. In the education
setting, copyright and related rights are the ones applicable.
Copyright
Copyright refers to the legal right given to the owner of the original work or
intellectual property. These “works” are original intellectual creations in the literary and
artistic domain protected from the moment of their creation which include the following:
1. books, pamphlets, articles and other writing;
2. periodicals and newspapers;
3. lectures, sermons, addresses, dissertations prepared for oral delivery, whether or
not reduced in writing or other material forms;
4. letters;
5. dramatic or dramatico-musical compositions; choreographic works or entertainment
in dumb shows;
6. musical compositions, with or without words;
7. works of drawing, painting, architecture, sculpture, engraving, litography or other
works of art; models or designs for work of art;
8. original ornamental designs or models for articles of manufacture, whether or not
registrable as an industrial design, and other works of applied art;
9. illustrations, maps, plans, sketches, charts and three-dimensional works relative to
geography, topography, architecture or science;
10. drawings or plastic works of a scientific or technical character;
11. photographic works including works produced by a process analogous to
photography; lantern slides;
12. audiovisual works and cinematographic works and works produced by a process
analogous to cinematography or any process for making audio-visual recordings;
13. pictorial illustrations and advertisements;
14. computer programs; and
15. other literary, scholarly, scientific and artistic works.
Guidelines on online use of copyrighted materials by Smaldino, Lowther and Russel (2012)
1. Contrary to popular opinion, all material on the internet is copyrighted unless stated
otherwise.
2. An email is an original work, fixed in a tangible medium of expression that is covered
by copyright. Hence it is recommended that you should not forward any email
without permission, in consideration of both copyright and Privacy Act.
3. Downloading an article from a newspaper's website, making copies, and distributing
them to your students prior to a class discussion on the topic is permissible following
the current photocopying guidelines which permits making multiple copies for
classroom use.
4. You cannot post students' essays, poems, or other works on the school website
unless you
1. have permission of the students and their parents or guardians.
5. Educators should treat copyrighted materials from the internet the same permission.
When in doubt, ask!
In the field …
Determine at least three popular cases of copyright infringements in the Philippines.
In research …
Copyright infringement is punishable by law. Using the available resource materials or
interviewing a knowledgeable person such as a lawyer, research for the penalties on
violations of the copyright law
Copyright Infringement vs. Plagiarism
Another violation on intellectual property is plagiarism. Although plagiarism and copyright
infringement are related ideas, these two are different. Plagiarism, according to
plagiarism.org, is an act of fraud; it involves both stealing someone else's work and lying
about it afterward. Plagiarism.org further elaborates the following as plagiarism:
1. turning in someone else's work as your own
2. copying words or ideas from someone else without giving credit
3. failing to put a quotation in quotation marks
4. giving incorrect information about the source of a quotation
5. changing words but copying the sentence structure of a source without giving credit
6. copying so many words or ideas from a source that it makes up the majority of your
work, whether you give credit or not (see our section on
7. "fair use" rules)
For images, videos and music, the following are counted as plagiarism:
1. Copying media (especially images) from other websites to paste them into your own
papers or websites.
2. Making a video using footage from others' videos or using copyrighted music as part
of the soundtrack.
3. Performing another person's copyrighted music (i.e., playing a cover).
4. Composing a piece of music that borrows heavily from another composition.
In other words, plagiarism refers to copying the work of another and claiming it as one's
ideas or without proper attribution while copyright infringement is copying one's work
without obtaining permission. In this sense, copyright infringement is a violation of the right
of the copyright holder while plagiarism is a violation of the right of the author. We have to
note that not all authors are copyright holders; there are cases when the publisher owns the
copyright. In addition, copyright infringement is a legal violation while plagiarism is an
ethical violation.
Reference:
Bilbao, P., Boholano, H., Dequilla, M. A. C., & Rosano, D. (2019). Technology for Teaching
and Learning 1. Lori Mar Publishing.
1. Technology- the branch of
knowledge that deals with
the creation and use of
technical means
and their interrelation with
life, society, and the
environment, drawing upon
such subjects as
industrial arts, engineering,
applied science, and pure
science.
2. Information and
Communication- refers to all
the technology used to
handle
telecommunications,
broadcast media, intelligent
building management
systems, audiovisual
processing, and transmission
systems, and network-based
control and monitoring
functions.
Although ICT is often
considered an extended
synonym for information
technology (IT), its
scope is broader.
3. Educational Technology- is
a field of study that
investigates the process of
analyzing,
designing, developing,
implementing, and
evaluating the instructional
environment and learning
materials in order to improve
teaching and learning. It is
important to keep in mind
that the
purpose of educational
technology (also referred to
as instructional technology)
is to improve
education. We must define
the goals and needs of
education first and then we
use all our
knowledge, including
technology, to design the
most effective learning
environment for students.
4. Technology, Media, and
Learning- Transform
teaching and learning by
applying theory and
research to practice. Use
current and emerging
technologies to create new
media, design
innovative instruction, and
build online learning
experiences that enrich
informal and formal
education.
5. Instructional System and
Instructional Technology-
Instructional System is
concerned with a
subject matter content which
is something less than the
total subject matter of a
greater
curriculum. Moreover,
Instructional technology is
the branch of education
concerned with the
scientific study of
instructional design and
development. The main
purpose of instructional
designers is to create
engaging, effective learning
experiences.
6. Technology Tools- refers
to software, primarily, that
can be used to develop or
support online
course content. This could
include blogs, wikis,
authoring tools such as
Articulate or Captivate,
and Web 2.0 tools available
through the internet
DICT's ICT4E RA 10844
1. Technology- the branch of
knowledge that deals with
the creation and use of
technical means
and their interrelation with
life, society, and the
environment, drawing upon
such subjects as
industrial arts, engineering,
applied science, and pure
science.
2. Information and
Communication- refers to all
the technology used to
handle
telecommunications,
broadcast media, intelligent
building management
systems, audiovisual
processing, and transmission
systems, and network-based
control and monitoring
functions.
Although ICT is often
considered an extended
synonym for information
technology (IT), its
scope is broader.
3. Educational Technology- is
a field of study that
investigates the process of
analyzing,
designing, developing,
implementing, and
evaluating the instructional
environment and learning
materials in order to improve
teaching and learning. It is
important to keep in mind
that the
purpose of educational
technology (also referred to
as instructional technology)
is to improve
education. We must define
the goals and needs of
education first and then we
use all our
knowledge, including
technology, to design the
most effective learning
environment for students.
4. Technology, Media, and
Learning- Transform
teaching and learning by
applying theory and
research to practice. Use
current and emerging
technologies to create new
media, design
innovative instruction, and
build online learning
experiences that enrich
informal and formal
education.
5. Instructional System and
Instructional Technology-
Instructional System is
concerned with a
subject matter content which
is something less than the
total subject matter of a
greater
curriculum. Moreover,
Instructional technology is
the branch of education
concerned with the
scientific study of
instructional design and
development. The main
purpose of instructional
designers is to create
engaging, effective learning
experiences.
6. Technology Tools- refers
to software, primarily, that
can be used to develop or
support online
course content. This could
include blogs, wikis,
authoring tools such as
Articulate or Captivate,
and Web 2.0 tools available
through the internet
1. Technology- the branch of
knowledge that deals with
the creation and use of
technical means
and their interrelation with
life, society, and the
environment, drawing upon
such subjects as
industrial arts, engineering,
applied science, and pure
science.
2. Information and
Communication- refers to all
the technology used to
handle
telecommunications,
broadcast media, intelligent
building management
systems, audiovisual
processing, and transmission
systems, and network-based
control and monitoring
functions.
Although ICT is often
considered an extended
synonym for information
technology (IT), its
scope is broader.
3. Educational Technology- is
a field of study that
investigates the process of
analyzing,
designing, developing,
implementing, and
evaluating the instructional
environment and learning
materials in order to improve
teaching and learning. It is
important to keep in mind
that the
purpose of educational
technology (also referred to
as instructional technology)
is to improve
education. We must define
the goals and needs of
education first and then we
use all our
knowledge, including
technology, to design the
most effective learning
environment for students.
4. Technology, Media, and
Learning- Transform
teaching and learning by
applying theory and
research to practice. Use
current and emerging
technologies to create new
media, design
innovative instruction, and
build online learning
experiences that enrich
informal and formal
education.
5. Instructional System and
Instructional Technology-
Instructional System is
concerned with a
subject matter content which
is something less than the
total subject matter of a
greater
curriculum. Moreover,
Instructional technology is
the branch of education
concerned with the
scientific study of
instructional design and
development. The main
purpose of instructional
designers is to create
engaging, effective learning
experiences.
6. Technology Tools- refers
to software, primarily, that
can be used to develop or
support online
course content. This could
include blogs, wikis,
authoring tools such as
Articulate or Captivate,
and Web 2.0 tools available
through the interne
