Curious lang, kase napansin ko na meron yung site na www dot ***** dot com na lahat ng articles nya eh puro kopya sa articles ng ibang site. Hindi ba illegal yung ganun? Kase parang yung work ng iba eh pinu publish nya as his own tapos pinopost sa mga forum. Saan ba pwedeng i report ang ganun. Parang against copyright ata yun especially kung lahat ng articles eh kopya.
It depends, kailangang I-Qualify po ito.
Kung yung mga kinopyang articles ay na Publish na:
"Published Works" are defined as works, which, with the consent of the authors, are made available to the public by wire or wireless means in such a way that members of the public may access these works from a place and time individually chosen by them.(Part IV Chapter I Sec.171 (171.7) RA 8293)
Example ay mga written articles published over the cyberspace, the general rule is that if you copy without permission, you will be liable for copyright infringement.
Please take note that not all "Published" works are protected and that the mere act of copying is not by itself an act of infringement. RA 8293 provides for Works not Protected under Chapter IV Sections 175 - 176, to wit:
CHAPTER IV
WORKS NOT PROTECTED
Section 175. Unprotected Subject Matter. - Notwithstanding the provisions of Sections 172 and 173, no protection shall extend, under this law, to any idea, procedure, system, method or operation, concept, principle, discovery or mere data as such, even if they are expressed, explained, illustrated or embodied in a work; news of the day and other miscellaneous facts having the character of mere items of press information; or any official text of a legislative, administrative or legal nature, as well as any official translation thereof (n)
Section 176. Works of the Government. - 176.1. No copyright shall subsist in any work of the Government of the Philippines. However, prior approval of the government agency or office wherein the work is created shall be necessary for exploitation of such work for profit. Such agency or office may, among other things, impose as a condition the payment of royalties. No prior approval or conditions shall be required for the use of any purpose of statutes, rules and regulations, and speeches, lectures, sermons, addresses, and dissertations, pronounced, read or rendered in courts of justice, before administrative agencies, in deliberative assemblies and in meetings of public character. (Sec. 9, first par., P.D. No. 49)
176.2. The author of speeches, lectures, sermons, addresses, and dissertations mentioned in the preceding paragraphs shall have the exclusive right of making a collection of his works. (n)
176.3. Notwithstanding the foregoing provisions, the Government is not precluded from receiving and holding copyrights transferred to it by assignment, bequest or otherwise; nor shall publication or republication by the Government in a public document of any work in which copyright is subsisting be taken to cause any abridgment or annulment of the copyright or to authorize any use or appropriation of such work without the consent of the copyright owner. (Sec. 9, third par., P.D. No. 49)
To be safe and to avoid being sued for infringement of intellectual property right in cyberspace is by simply asking permission to use the information you are about to download or copy. Medyo heavy ang penalty pag napatunayang may copyright infringement:
RA 8293 Chapter VII Section 217. Criminal Penalties. - 217.1. Any person infringing any right secured by provisions of Part IV of this Act or aiding or abetting such infringement shall be guilty of a crime punishable by:
(a) Imprisonment of one (1) year to three (3) years plus a fine ranging from Fifty thousand pesos (P50,000) to One hundred fifty thousand pesos (P150,000) for the first offense.
(b) Imprisonment of three (3) years and one (1) day to six (6) years plus a fine ranging from One hundred fifty thousand pesos (P150,000) to Five hundred thousand pesos (P500,000) for the second offense.
(c) Imprisonment of six (6) years and one (1) day to nine (9) years plus a fine ranging from five hundred thousand pesos (P500,000) to One million five hundred thousand pesos (P1,500,000) for the third and subsequent offenses.
(d) In all cases, subsidiary imprisonment in cases of insolvency.
217.2. In determining the number of years of imprisonment and the amount of fine, the court shall consider the value of the infringing materials that the defendant has produced or manufactured and the damage that the copyright owner has suffered by reason of the infringement.
217.3. Any person who at the time when copyright subsists in a work has in his possession an article which he knows, or ought to know, to be an infringing copy of the work for the purpose of:
(a) Selling, letting for hire, or by way of trade offering or exposing for sale, or hire, the article;
(b) Distributing the article for purpose of trade, or for any other purpose to an extent that will prejudice the rights of the copyright owner in the work; or
(c) Trade exhibit of the article in public, shall be guilty of an offense and shall be liable on conviction to imprisonment and fine as above mentioned. (Sec. 29, P.D. No. 49a)
Now, kung kunyari yung mga kinopya niya ay included dun sa mga "Works" not protected by RA 8293, then, hindi yun illegal per se and is not legally actionable.
Pero meron din namang unwritten law ang mga contributors sa cyberspace eh and that is "not to copy" anothers work or idea without acknowledging them and this is not hard to do,right? Out of respect na lang ika nga. After all, we gain new friend/s by acknowledging their work.
Here's the link to the full text of RA 8293
http://www.lawphil.net/statutes/repacts/ra1997/ra_8293_1997.htmlAnd the link to RA 10372, Amending certain provisions of RA 8293
http://www.gov.ph/2013/02/28/republic-act-no-10372/
