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Rockpen

Legal Matter Issues

36 posts in this topic

Naffree na ba from legal liability pag pinost mo ang picture mula sa isang photographer tapos ilalagay mo lang CTO?

ABSOLUTELY NOT. Copyrightable materials such as photos taken by the photographers are protected from the moment of creation. The owner of the copyright Under the intellectual property law has absolute right over the material from the moment of creation and lasts during his lifetime and 50 years after his death.

However, under the Fair use principle, there is no copyright infringement in the following: criticism, comment, news reporting, teaching including multiple copies for classroom use.

Conclusion : the owner /photographer has absolute right and control over his photos even if it is given credit by the person using it even if it is in compliance with the fair use principle. Any misuse or abuse by the photos taken by the owner/photographer gives him cause of action to file an infringement or damages suit as the case may be against the person responsible.

repapips9 likes this

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CrimsonChin, I assume by 'legal liability', it means copyright infringement. Actually, it depends on the purpose for posting the photo notwithstanding due acknowledgment to the copyright holder.

Under our Intellectual Property Code, there are many instances where acts do not constitute infringement. To sum it up, the purpose of using the copyrighted material is non-commercial. However, even if the use of copyrighted material is for non-commercial purposes, it may still be considered infringement by considering some factors, more importantly, if it would cause unreasonable prejudice to the author, or there is an effect on the value of the copyrighted work.

So, to answer the most important question, Is the posting of images here in AllPinoyStuff.com forums copyright infringement?

In my opinion, we do not commit copyright infringement, because the purpose of sharing images here is purely personal and non-commercial purpose. However, some authors may find it prejudicial to their economic interests, because their copyrighted materials are available for free in a non-profit forum, it is within their right to demand that their photos be taken down.

repapips9 and Rockpen like this

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@soundin: correct. In short for private use only we are not liable for any infringement within the sphere of fair use . Though, the author/owner/photographer may still ask the forum to take down post because the photos are his intellectual property , otherwise the uploader shall be liable for damages in general.

Atty. Soundin in the house :)

Edited by Patrick

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One more thing. I disagree with Patrick on the part that the author may prevent others from using his work even if it falls under Fair Use. There is no infringement if there is Fair Use, hence one is free to use copyrighted material provided there is strict compliance with Fair Use. Stated differently, Fair Use frees a person from liability against infringement. However, if the non-commercial use of the copyrighted material caused unreasonable prejudice to the rights of the author, it is no more Fair Use, hence there is infringement.

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@soundin: Ikaw na mismo nagsabi "strict compliance". Same thing. Anyway, intellectual property and ownership are two different thing. Intellectual property right belongs to the copyright owner which gives him the right to sue for infringement unless there is fair use. As owner of the photos I can prevent someone from using them. I can sell my photos to someone and waiving ownership but not my copyright. As an owner of the photos I can sue for damages under the new civil code.

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ok na yan, wag na natin sila sobrang guluhin hahaha! anyhow, share lang ng share mga ka-APS. Just don't post any live links, and kung files naman, make sure that the file name is not detectable or easily searcheable. Para ma-maintain natin ang privacy ng forum at ang shares is kumbaga "for our eyes only" and not for any commercial or profit purposes.

Rockpen likes this

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@soundin : apir! Akala ko aabot tayo sa supreme Court eh. Yan ang gusto ko may intellectual discussion hehe.. Feeling ko atty in disguise ka pre.. Anyway, atty.. Gusto ko topic about gambling eh pwde ba yun? O bawal?

Edited by Patrick

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Ok lang yun. Paguusapan lang naman, di naman magsusugal. Alam mo yan under Criminal Law. However, it would be different if one is actually engaged in illegal gambling activities, and would induce someone to participate, masama na yun, and violation na ng forum rules sa "Advertising."

Wala rin naman siguro masama kung magtatanong ka sa forums kung saan pinakamagandang casino maglaro, legal gambling naman yun, and di ka naman nagyayaya, naghahanap ka lang ng magandang feedback.

Rockpen likes this

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