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Showing posts with label piracy. Show all posts
Showing posts with label piracy. Show all posts

Monday, February 16, 2015

February 16, 2015



Copyright Law

It’s actually illegal to distribute a CD or USB flash drive containing your PHOTOS. The OPTICAL MEDIA BOARD law (Republic Act 9239, 2004) has a penal provision that declares illegal any person, without the appropriate licenses from the OMB, who distributes optical media as well as the replication of such optical media (Section 13). The punishment for this “crime” is imprisonment of at least 3 years but not more than 6 years, and a fine of not less than 500,000.00 but not exceeding 1,500,000.00 (Section 19).


Latest News from the Web


The Internet is not that “PURR-FECT”

An hour long video (YouTube) of a cat purring has been asked to be taken down by EMI, a US based music publisher because it is infringing on one their songs in their library. See LINK



A singer named after a dog says “dog gone it”.

A popular Latino singer/rapper has mulled suing an eyeglass company for using his generic dog name for a brand of sunglasses. See LINK



Are you “G?”

Guess has won against Gucci as the latter sued the former in a trademark infringement case. And this wasn’t in Alabang. See LINK

Wednesday, July 3, 2013

Four easy ways to protect your work


Your creation is from your blood, sweat and tears. You toiled over countless moments to seek perfection as you perceive it to be. You want others to enjoy but not to make money at your expense. Below are four simple ways to protect your work.


1. Invoke your right
If you want everyone to know that a particular literary or artistic work is yours, how do you do it? It’s the all important © symbol. Its send a notice to the reader/viewer/internet troll that such work has a semblance of protection. It may serve as a warning to others not to use or borrow without your consent.


2. One Moment in Time
Stop singing! Seriously, protection for your work starts from the moment of creation. So, you have to prove that one moment in time (ok, now you are humming). Have some method of documenting that moment of creation. In this social media age, it will not be hard to do.


3. Deposit with the National Library
Although such action is not a conclusive proof of ownership, a certificate of deposit from the National Library of the work you registered with them has a government stamp. That counts for something in case a dispute arises. Again, it is not conclusive as it is almost a rubber stamp act by the government agency. Sadly, your deposit does not earn any interest whatsoever.


4. Watermarking
Pretend you are painter and sign your name on the bottom left corner. Although not done literally, placing a visible mark of authorship is an effective deterrent for would be “downloaders”. Such mark should discreet enough so as not to spoil the artistic quality.



All these steps cannot guarantee that your work will be not infringed. There are several exemptions to infringement under the law and they may vary country to country. Infringers are getting smarter every day. For every step you make, they'll be watching you. (Again, stop with the singing!)  


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The material in this online newsletter has been drafted and edited by Atty. Roderick Vera and is for informational purposes only. The material above does not constitute nor become legal advice. Please consult with an attorney for legal advice before relying on any information found on this newsletter. For any questions, inquiries or comments, please see the contact information above.

Monday, May 28, 2012

Intellectual Property Law Updates May 28, 2012


Trademark Law
Latest jurisprudence
Fredco Manufacturing Corp. vs. Harvard University, Cambridge, G.R. No. 185917, June 1, 2011
Harvard Jeans Case
  • Even prior registered local trademarks under R.A. 166 (old trademark law), which allowed “squatting” Philippine trademarks (Shangri-La case) to prevail over international trademarks can now be cancelled.
  • Trademarks registered under R.A. 166 shall be deemed to have been registered under R.A. 8293 (IP Code of 1998). This means that all the requisites and/or provisions not present in R.A. 166 but present in R.A. 8293 can be invoked for cancellation.
  • Even international trademarks not registered in the Philippines have protection under the Paris Convention (IP Treaty)
Latest News from the Web

This is it! And you thought this would never happen
Competing porn sites are now suing for infringement. I dare not say anymore. Site for online article HERE.

 The “G’s” have it.
Gucci has won a trademark infringement case over Guess. There are not enough “Gs” to share in this world. Site for online article HERE.

Downloading illegally or “file sharing” is still BAD!
The United States Supreme Court refused to hear an appeal by a former Boston University student (represented by a Harvard Law Professor) who is set to pay $675,000 (30 songs @$22.5K each) in damages for using Kazaa. Let this be a lesson to all of you. Site for online article HERE.

Google can keep their Android
Google partially won against Oracle after the later sued the former on patent infringement. Oracle claims that the Andriod system is based on the Java technology which was bought by Oracle. 300 million smartphones can’t be wrong. Site for online article HERE.

TV really isn’t free
An online service that sends FREE tv signal to subscribers over the internet is being sued for ILLEGAL FREE PUBLIC PERFORMANCE. Yes, I didn’t know that ILLEGAL and FREE can be used in the same sentence. Site for online article HERE.

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The material in this online newsletter has been drafted and edited by Atty. Roderick Vera for informational purposes only and does not constitute nor become legal advice. Please consult with an attorney for legal advice before relying on any information found on this newsletter. For any questions, inquiries or comments, please see the contact information above.
 

Tuesday, June 17, 2008

Apple contributing to music piracy

Indirectly, Apple is contributing to music piracy in the Philippines. How so? Read on.


First of all, I must applaud Apple for creating one of the world’s greatest innovations. The design and simplicity of the iPod makes it easy for everyone from 4 to 80 to use. But innovativeness in their proprietary thinking has led to selfishness which has led to music piracy. Did I make it more confusing? Bear with me please.


As every iPod owner will know, the only way to load songs to the little white machine is through a music library in iTunes. Well, ok, I forgot the little white cable. The capacity of these iPods range from the mundane 1GB to the monstrous 160GB. It’s not just music, you can now load pictures and full length movies. Again, the latter has to be in the iPod proprietary format. Am I boring you now, don’t worry, the next paragraph is the core of the article.


Where do the owners of these iPods get their songs and movies? From itunes.com? Think again. There is no iTunes for the Philippines! That means that no one with a Philippine based credit card can purchase a song for 42 pesos (99 cents). Most people (and you know who you are!) will load their iPods from tiangge type establishments for 5 pesos song and 100 pesos per movie. If they won’t load, they will download the songs they want through utorrent or other illegal means. If not that way, they will buy a 30 peso (is it still 30?) pirated CD and rip it to their iTunes. One little sweet revenge is that they will have to type the song info one by one so that the song title will register in their iPod.


I don’t want to brag, but because of my legal practice, I stick to a non-pirated mode of loading iPods. My newly tuned philosophy has redounded to my 12 year son. He refuses to log on to the downloading websites despite the fact that we have had DSL broadband for 2 years now. Secondly, we are at an impasse on how to convert original DVDs to the iPod movie format (Any tips?). I had to thicken my face and ask a friend of mine (actually client) to buy $50 worth of iTunes cards in the U.S. My son still has $35 balance as of this writing.


With so many iPods out there, where are all the songs coming from? When was the last time you bought an original music CD? I am sure there are only a handful of us who still do. iPod has thickened both sides of the fence. Their popularity has renewed interest in music. The more music is out there, the more business for otolaryngologists (ear doctors). Seriously though, if the source for iPods is scarce, nay, non-existent in this country, a resort to unsavory means is inevitable.


But we should not blame the buyers of iPods. I dare say that Apple should make iTunes accessible to Filipinos. I am sure that after reading this blog, I would have converted a four year old and an 80 year old to stop pirating music. If the source of our music is easily reached and affordable, we will have more new songs to appreciate (just no more NKOTB, please.) More new songs, more new iPods.


So, Apple, make iTunes for the Philippines possible!