Updated 8:47am Intellectual Property Law Question (included in Law on Mass Media) Q: Legally, can you copy-paste and save in your data drive your friend’s entire downloaded book for purely academic purposes?
My notes: Strictly speaking, under the Intellectual Property Code, no. We bound ourselves under the General Agreement on Trade and Tariff (GATT) Trade-Related Aspects of Intellectual Property Rights (TRIPs) of 1994 to enact the following provision of the Intellectual Property Code:
“187.2. The permission granted under Subsection 187.1 (*Section 187.1, which allows the private reproduction of one copy for research and private study as fair use) (this) shall not extend to the reproduction of:
(a) A work of architecture in form of building or other construction;
(b) An entire book, or a substantial past thereof, or of a musical work in which graphics form by reprographic means;
(c) A compilation of data and other materials;
(d) A computer program except as provided in Section 189; and
(e) Any work in cases where reproduction would unreasonably conflict with a normal exploitation of the work or would otherwise unreasonably prejudice the legitimate interests of the author. (n)”
Under the previous law, PD 49, on intellectual property, you could: You were allowed to make one copy for private use and educational or academic non-commercial purposes. This system was repealed by the Intellectual Property Code.
But if circumstances allow it, i can draft implementing rules (IRRs) reconciling 187.1 and 185.1 to allow our poor, hapless students to make one private copy for purely academic, non-commercial purposes of a book. If…
marichulambino.com 