Thesis Proposal

Topics: Copyright, Berne Convention for the Protection of Literary and Artistic Works, Intellectual property Pages: 21 (7247 words) Published: March 3, 2013
College of Business Administration


A proposal presented to a faculty member.

A Thesis submitted to the College of Business Administration In partial fulfillment of the requirements for English II
during the second semester
A.Y. 2012-2013

January, 2010
Chapter 1
The problem and its background for this study focuses on the unawareness and non compliance to the copyright law and its causes and effects to the students who reproduce works and to the creator of work.

Copyright law in the Philippines can be traced back to 1879 when Spanish law was enforced in all its colonies. Then, US copyright law applied after the country was handed by Spain to the United States in 1898. In 1924, the first Filipino law on copyright was enacted. This was in turn repealed by Presidential Decree 49 of 1972 during the martial law years until replaced by the Intellectual Property Code of the Philippines (Republic Act No. 8293) of 6 June 1997. The Philippines is signatory to the Berne Convention and became a signatory to the WCT and the WPPT in October 2002. Despite the long history of copyright legislation, the first CMO was created only forty years ago.

The digitization of content and the advent of the internet have further increased the value of copyrighted works by making it easier and cheaper to access content than ever before. At the same time, the emphasis on interdisciplinary research that has taken universities in general and the New Era University in particular by storm has enriched the panoply of perspectives through which researchers can study and understand copyright.

At its most basic level, copyright law allows the owner of a copyrighted work to copy, modify and distribute these expressions; they are given a “right to copy” works, as well as a series of related activities. Unless the owner grants permission or a legal escape clause called a users’ right is available, everyone else in the world is legally forbidden from exercising this right. Because copyrights often are not owned by the original creator, prohibitions against copying can sometimes even include the author who wrote a book or a musician who composed a song. In short, copyright is an exclusive right or privilege of the owner and an excluding right or a disqualification for everybody else.

The reproduction of works may not seem illegal but it is a major problem as far as copyright laws are concerned. Photocopying shops surround the school. Students reproduce multiple copies of works/textbooks for personal or class use and to avoid expensive purchase of original works. They think of it as being more convenient and practical. They don’t take into account that the works reproduced are protected by law. They are aware of the law but it is not complied. They don’t take into consideration that the creators/producers of the work are disrespected. That the latter’s rights are neglected. In addition, they are not aware of the limitations of the reproduction of copyrighted materials. According to Section187 of Republic Act 8293, “the private reproduction of a published work in a single copy, where the reproduction is made by a natural person exclusively for research and private study, shall be permitted, without the authorization of the owner of copyright in the work.” But students reproduce not only journal or periodical articles but the entire textbooks. This practice is worse than the Basic Books Inc. v. Kinko’s Graphics Corp (758 F. Supp. 1522) for textbooks are reproduced in its entirety without even any slight modification. According to the R.A. 8293 or the "Intellectual Property Code of the Philippines", Section 177 (Copyright or Economic Rights), subject to the provisions of Chapter VIII, copyright or...
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