According to the Philippine Intellectual Property Office (IPOPHL) The official website, IPOPHL Guidelines for its fair use have recently been published, This guide is intended for Filipino creators, Educators and innovators provide clarity and guiding principles, To promote a deeper understanding of intellectual property rights.

IPOPHL Director Lowe．Barba (Rowel Barba) expression: "Rational use is the cornerstone of creativity. It allows artists to make various versions of music, Allow the author to quote from the novel, Allow educators to improve learning materials. By striking a balance between protection and access, Rational use promotes the development of a vibrant cultural ecosystem. "

According to Philippine intellectual property law, Fair use is permitted under certain factors, Use copyrighted works without prior permission from the copyright owner. though "Intellectual property law" The first 185 The article sets out the general principles of fair use, But the guidelines deal with No 184 article, Some of the specific acts involved are considered to be restrictions on copyright, Because these acts can be carried out without infringing the exclusive economic rights of the author.

The statutory Fair Use guidelines are provided by the Copyright and Related Rights Bureau (BCRR) established, The purpose is to clarify to some extent the conditions that must be met for a particular act to be considered a statutory fair use. The document is expected to benefit any user who may encounter the situation discussed, And make the public clear and understand the principle of allowing fair use.

BCRR Chief Emerson．Couillaud (Emerson G. Cuyo) expression: "Fair use will ensure that the copyright owner is not powerless under the provisions of fair use. As a government agency dedicated to innovation, We need to ensure that the law protects the works of rights holders. meanwhile, We also want to ensure that the development of creative industries is not stifled by restrictions. "

In order to allow creators to fully understand the principles of fair use, The guide describes fair use in three parts. The content includes detailed elements, Make it easier for people to understand the concept of fair use.

The first part of the guide explores statutory fair use or specific situations provided by law that limit copyright protection. These include private and non-profit performances, News report, A guide to judicial procedures and visually impaired works, etc.

meanwhile, The second part discusses in the news report, Fair use of works cited in academic materials and government-produced works, All of this needs to be applied further "Intellectual property law" The first 185 The general Fair use principles stipulated in the article. Specifically speaking, The following should be considered 4 A fair use factor:

-Purpose and nature of use;

-The nature of the copyrighted work;

-The quantity and substance of the parts used; and

-The impact of use on potential markets.

Part 3 of the guide also discusses "Intellectual property law" The first 184 Other acts other than the article. This part describes the architectural works, Private copy, Elements of library reproduction and computer program adaptation.

BCRR Point out, The elements of each fair use act must be carefully analyzed, To accurately determine where the fair use principle applies. If not, The public should be proactive in obtaining permission and identifying the creator of the original work.

Cuyo finally said: "Although the guide already provides guidance, But if interested parties still have doubts, Proceed with caution. Getting permission might be a better option. " (Be compiled from www. ag-ip-news. com)

TRANSLATORS: Wang Dan　proofread: Liu Peng



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