2020-21 The Law Pertaining to Private, Personal, and Commercial Relations, Q14

A professor teaching Intellectual Property Law distributed photocopies taken from a book written by another expert to a class of 15 law students. Excerpts shown in the photocopies were meant to be for discussion and criticism in one of the class sessions. Is this a violation of the law on Copyright? Explain briefly.

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Under Section 185 of Republic Act Number 8293, what is the legal status of photocopying book excerpts for classroom criticism?

Which statutory factor is evaluated under Section 185 to determine if copying qualifies as fair use?

Why is a professor distributing photocopied excerpts to fifteen students protected under fair use?

Does fair use require obtaining the prior written consent of the copyright owner before copying excerpts?

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Which statute governs copyright protection and fair use limitations in the Republic of the Philippines?

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1. Fair Use Doctrine
Under Section 185 of the Intellectual Property Code of the Philippines (Republic Act Number 8293), the fair use of a copyrighted work for criticism, comment, news reporting, teaching including multiple copies for classroom use, scholarship, or research does not constitute copyright infringement. Fair use constitutes a statutory privilege permitting non-owners to utilize copyrighted material in a reasonable manner without obtaining prior consent from the copyright holder. Whether a specific utilization qualifies as fair use depends upon evaluating statutory factors, including purpose, character, nature of work, amount used, and market impact.

2. Classroom Copying Exception
Under Section 185.1 of Republic Act Number 8293, making multiple photocopies of excerpts from a copyrighted work solely for non-profit educational classroom discussion and academic criticism falls within recognized fair use limits. When an educator reproduces limited portions rather than an entire textbook for a small class of students during a specific academic session, the educational purpose and minimal economic effect on the commercial market weigh heavily in favor of fair use protection. Such instructional copying promotes educational discussion without harming the author's primary commercial market.

3. Four Factor Test
Under Section 185.1 of the Intellectual Property Code, determining fair use requires evaluating four statutory factors: the purpose and character of the use, the nature of the copyrighted work, the amount and substantiality of the portion used in relation to the work as a whole, and the effect of the use upon the potential market for or value of the work. Non-commercial educational use of minor excerpts that does not substitute for purchasing the original book strongly satisfies all four statutory fair use criteria.

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