MODULE 6
Legal, Ethical
and Societal
Issues in Media
and Information
A. INTELLECTUAL
PROPERTY (IP)
World Intellectual Property
Organization (WIPO), the global forum for
intellectual property services, policy,
information, and cooperation, defined
Intellectual Property (IP) as referring
to the “creations of the mind, such as
inventions; literary and artistic works;
designs; and symbols, names, and
images used in commerce” (World
Intellectual Property Organization,
2016).
It can be classified into
two categories namely,
• (1) Industrial Property which includes
patents, trademarks, industrial designs
and geographical indications and
appellations of origin; and
• (2) Copyright which covers literary works
(such as novels, poems, and plays), films,
music, artistic works (e.g. drawings,
paintings, photographs, and sculptures)
and architectural design. Rights related to
copyright include those of performing
artists in their performances, producers of
phonograms in their recordings, and
broadcasters in their radio and television
programs (WIPO, 2016).
• In the Philippines, IP is
protected under two laws –
the Intellectual Property
Code (RA 8293) and the
Cybercrime Prevention
Act (RA 10175). Both laws
protect intellectual property
rights, allowing the rightful
creators or owners of
patents, trademarks, or
copyrighted works to benefit
from their own work or
creation – may it be of moral
or material interests.
Violation of this law or one of
the rights is called
infringement.
Types of
Intellectu
al
Property
COPYRI
GHT It is a legal term used to
describe the rights that
creators have over their literary
and artistic works. This covers
works ranging from books,
music, paintings, sculpture and
films, to computer programs,
databases, advertisements,
maps and technical drawings
(WIPO, 2016). Registration
Registration of copyrighted work or
displaying of the copyright symbol may
not be mandatory but it is recommended
to emphasize that the author is claiming
copyright protection in the work.
PATENT
It is an exclusive right granted
for an invention. It provides the
patent owner with the right to
consent on the invention or a
way for others to use it. In
return, the patent owner is
responsible for making
technical information about the
invention available in the
published patent document or
in public (WIPO, 2016).
TRADE
MARK
It is a distinguished sign of
goods or services of one
enterprise from those of other
enterprises. It can be compared
to what craftsmen used in
ancient times as “signature
mark” on their product (WIPO,
2016).
TM denotes that the owner of
the mark is in the process of
registration to indicate a claim
of ownership, while ® is only
used for marks that have been
Industrial
Design
WIPO (2016) defines Industrial
design as an ornamental or aesthetic
aspect of an item. A design may
consist of three-dimensional features
such as the shape or surface of an
article, or of two-dimensional features
such as patterns, lines, or color.
An industrial design right protects
only the appearance or aesthetic
features of a product, whereas a
patent protects an invention that offers
a new technical solution to a problem.
In principle, an industrial design right
does not protect the technical or
functional features of a product. Such
features could, however, potentially be
Geographical Indications
and Appellations of Origin
These are signs used on
products possessing qualities, a
status, or characteristics that
are essentially attributable to
that location of origin.
Generally, a geographical
indication includes the name of
the place of origin of the goods
(WIPO, 2016).
• Intellectual property is essential in creating a culture of
creativity, progress, and innovations as any content creator’s
exclusive rights to their own creation are secured and protected
through the IP law. This means one’s original work cannot be
legally copied or used for profit. Otherwise, one can be
penalized on grounds of infringement.
B. FAIR USE
Fair use is a legal principle stating that one
can use a copyrighted work without a
license for the following purposes:
commentary, criticism, reporting, research,
and teaching.
Furthermore, the copyrighted material must
observe conditions such as (1) amount and
substantiality of the portion taken; (2)
purpose and character of one’s use; (3)
nature of the copyrighted work; and (4)
potential market effect (Stim, 2016). In
general, one must own the majority of
the new content, give full credit to the
original source, and use the content
for non-profit purposes to consider it
• In order to clarify the terms and conditions in control of the
creative work between the author and the general public, one
needs permission from the copyright holder which is called a
license. Some content creators choose to license their work
more freely by giving their work a Creative Commons license
or even putting their work in Public Domain. These CC
licenses are copyright licenses providing a simple and
standardized way to give the public permission to share and
use the creative work. This is easier for both the author and
the public compared to an agreement in traditional licenses
which are more restricting. Creative Commons is an American
non-commercial organization that aims to expand the range
of creative works available for others to build upon and to
share legally. The organization has released several copyright-
licenses known as Creative Commons licenses free of
charge to the public (CreativeCommons.org as cited in
Infographic 1:
Copyright, Fair Use and
Public Domain
Infographic 2: Using
Creative Commons
Content
C. NETIQUETTE
One of the pressing problems in the digital
age is the lack of basic manners in using the
Internet. Seemingly overwhelmed with the
liberty one enjoys in digital media, online
users tend to forget that they are still
interacting with real people, although in the
virtual world or cyberspace. To help
minimize mistakes, untoward encounters,
and unkind experiences online,
understanding and applying the rules in
Netiquette
Netiquette is or network etiquette is a set of
necessary.
rules for behaving properly online (Shea,
1997 as cited in E-Learning Guide on Media
and Information Literacy, 2017).
Ten Core Rules of
Netiquette by
Virginia Shea.
Virtual Self is how you present
yourself on online platforms.
Whatever you say or do on the
Internet can be viewed and
others can easily pass judgment
without even knowing who you
are outside the virtual
environment.
DIGITAL FOOTPRINT
Digital footprint is any data record
of the things you do online. Anything on
the Internet with your name creates a trail
of data about you. This could be
information in your personal website, any
activity in social media, your browsing
history, online subscription, and the like.
Because of this, you must be vigilant in
sharing personal information to avoid
potential dangers such sharing may pose.
There had been viral videos with private
or sensitive content because their owners
could have been careless with their digital
footprint. Your digital footprint can remain
on the Internet for life.
DATA PRIVACY
Not only virtual self and digital footprint
are incorporated in netiquette. Respecting
and managing data privacy is also a
responsible behavior on the Internet. The
respect should be mutual between the
media user and the producer. Data privacy
or the fundamental right of an individual
to protect private information from
disclosure to information and
communication systems is under
Republic Act No. 10173 or the Data
Privacy Act of 2012.
DIGITAL DIVIDE
As part of being mannerly towards others
online, it is also helpful to know that not
everyone has the same access to high-
speed internet, or even so, regular digital
access, or advanced digital knowledge so
we are called to be understanding, helpful,
and polite to the digitally disadvantaged.
This digital inequality or gap between
groups in terms of knowledge, usage, and
access to ICT due to circumstances like
location, income, and age is called Digital
Divide.
D. COMPUTER
ADDICTION AND
WithCYBERBULLYING
the growing industry of digital media,
many media users have become vulnerable
to improper use of the Internet. Computer
addiction and cyberbullying are not only
local problems but they are globally
prevalent.
Computer Addiction
The world internet usage index lists
the Philippines’ average time spent on the
Internet as 10 hours a day. So, how do we
know if we have addiction? Computer
Addiction is the “overdependence or a
damaging need to do something on
computer or internet” (E-Learning
Guide on Media and Information Literacy).
Its impact could be linked to sleep
deprivation, anxiety and even depression.
Cyberbullying
Cyberbullying is the use of digital means
of communication that could hurt or
harass a person. Examples of this are
sending hurtful texts or SNS messages,
posting embarrassing photos or videos,
and spreading mean or malicious rumors
online. Such act or acts comprise
cyberbullying if the offender does them
intentionally and repeatedly, and should
be addressed at once.
You must always protect your mental
health. If cyberbullying happens to you, do
not be afraid to seek help and defend
yourself.
DIGITAL CITIZENSHIP
Create your own
CHALLENGE
digital
challenge to
citizenship
become
responsible media and
information users and
producers which lasts for
two weeks. Put one
responsible online
practice or behavior for
each box in the card,
justifiable with the
relevant lessons in this
subject. Make sure that it
is timely, feasible, and
fun since you are going
to post it online for the
digital citizenship
campaign. You can have
Thank
you!!!