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Transcript of Piracy
an original recording for commercial gain
without the consent of the rights owner TYPES OF PIRACY a distinctive sign which identifies certain goods or services as those produced or provided by a specific person or enterprise
A trademark provides protection to the owner of the mark by ensuring the exclusive right to use it to identify goods or services, or to authorize another to use it in return for payment. Trademark Patent a grant issued by the government through the Intellectual Property Office of the Philippines
It is an exclusive right granted for a product, process or an improvement of a product or process which is new, inventive and useful. This exclusive right gives the inventor the right to exclude others from making, using, or selling the product of his invention during the life of the patent. Copyright a form of intellectual property which protects the rights of authors and creators of literary and artistic works. It refers to the main act in which, in respect of literary and artistic creation, may be made only by the author or with his authorization. Works are protected by the sole fact of their creation, irrespective of their mode or form of expression, as well as their content, quality and purpose. Varying
Piracy The Creators (Industries and Innovators) “All across the world, but especially in Asia and Eastern Europe, there are businesses that do nothing but take others people’s copyrighted content, copy it, and sell it—all without the permission of a copyrightowner. The recording industry estimates that it loses about $4.6 billion every year to physical piracy (that works out to one in three CDs sold worldwide). The MPAA estimates that it loses $3 billion annually worldwide to piracy. This is piracy plain and simple. Nothing in the argument of this book, nor in the argument that most people make when talking about the subject of this book, should draw into doubt this simple point: This piracy is wrong.” (Lessig, 2004) "Creators here and everywhere are always and at all times building upon the creativity that went before and that surrounds them now. That building is always and everywhere at least partially done without permission and without compensating the original creator. No society, free or controlled, has ever demanded that every use be paid for... (Lessig, 2004)" The STATE The growing piracy business has made the Philippines one of thirty-one countries that supposedly have a larger market for illegal software than for commercial software (International Intellectual Property Alliance 2005). Similar numbers are not available for the film industry, yet it is safe to assume that media piracy has changed the way movies in the Philippines are distributed and consumed. "People have this idea that everybody in the music business is this being huge... but in fact is most songwriters dont live like that".
- Paul Williams (Singer/Songwriter) "Certainly Record Companies have been the quickest biggest losers".
- Russ Landau
(Composer - Survivor and Fear Factor) The most affected when piracy continues will be the consumers - the people who love music
- Dean Kay (Music Publisher/ Songwriter) Innovators Struggle Royalty and Incentives PHILIPPINES World Trade Organization (WTO) Trade-Related
aspects of Intellectual
(IIPR) Intellectual Property Office of the Philippines under the Intellectual Property Code of the Philippines states
Sec. 2. The State recognizes that an effective intellectual and industrial property system is vital to the development of domestic and creative activity, facilitates transfer of technology, attracts foreign investments, and ensures market access for our products. Film producers were forced to pay 200,000 pesos to movie pirates in order to keep them from selling the entries to the Metro Manila Film Festival during the festival (San Diego, 2006). In Manila for the year 2005, Playstation games, MP3 CDs, VCD, and DVD movies, computer equipment, as well as other equipment used to manufacture pirated products amounted to 537,367,550 pesos (over 10 million US-dollars) specifically 3,089,120 pieces of pirated optical media products are sold. Optical Media Board ensure the protection and promotion of intellectual property rights. The unregulated mastering, manufacture, replication, importation andexportation of optical media in all forms is inimical to economic growth andpublic interest. Offenses and Penalties
Imprisonment of at least three (3) years but not more than six (6)years, and a fine of not less than Five hundred thousand pesos(Php 500,000.00) but not exceeding One million five hundred thousand pesos (Php 1,500,000.00) The Masses from the Confessions of Juan P. Rata on buying and legitimizing pirated DVD's : "Hindi... kasi mas mura ung nasa bangketa, mahal ung original. Gustuhin man namin e alam naman namen quality, picture, sounds, lahat pero syempre wala kaming pera pambili ng original dun nalang kami sa PIRATA..."
"Tingin ko hindi dahil nakakaapekto sa indutry yan pero sana maisipan ng gobyerno na para masave yung industry, eh gawing madaling mabili ng masa..." Alford (as cited by Lessig, 2004) argues that the very concept of intellectual property is alien to Chinese traditions and Confucian ethics. According to Alford, Chinese intellectuals and artists for centuries considered it an honor if their works were copied. Art and general education incessantly stressed
“learning from the master” by painstakingly reproducing his works rather
than creating their own. CLASS DEBATE PIRACY BASED ON THE THREE THEORETICAL PERSPECTIVES STRUCTURAL FUNCTIONALIST CONFLICT SYMBOLIC INTERACTIONIST CONFLICT STRUCTURAL FUNCTIONALIST SYMBOLIC INTERACTIONIST 3 MINS. PRESENTATION/
INTRODUCTION 2 MINS. REBUTTALS/
QUESTIONS 2 MINS. ENDING
STATEMENTS Availability and Accessibility RESOURCES: PIRACY INDUSTRY "REVENGE OF THE MASSES" Making resources available and accessible for the consumers at the same time by pirating products, technological innovations, etc. "The END justifies the MEANS
- Machiavelli ("The Prince") For instance, Japan in 1950, the per capita income of the country was equal to that of Ethiopia and Somalia and 40 percent less than India. People were still dying of starvation. The boom of the economy comes the same with the situation of China's development through copying and piracy. Japanese companies copied many American and European products that started out from one room neighborhood factories, relying on cheap labor, that made textiles, toys, tools and cheap electronic items. The first Sony portable transistor radio appeared in 1955 and the first Barbie dolls were produced in Japan in 1959. The piracy market for DVDs, software and
music is a boon to a number of very different groups of people. One group consists of the producers, traders and distributors of bootlegged media that
earn a reasonable income, important in a Third World country like the Philippines. One estimate is that more than 100.000 people in the Philippinesearn a living by being part of the supply chain for pirated media (Joel, 2006).