copyright law for e-reserve

1. E-RESERVE: a Provision from the
Philippine Copyright Law (R.A.
8293)
Presenters:
KIAL, NORILYN A.
TAWA, DELAILAH A.

15. • The offending party may also be ordered to pay civil
damages.
• Injunction and destruction of the infringing goods or
products can also be obtained.

16. • “SEC 191. Deposit and Notice of Deposit with the National
Library and the Supreme Court Library. – At any time during
the subsistence of the copyright, the owner of the copyright
or of any exclusive right in the work may, for the purpose of
completing the records of the National Library and the
Supreme Court Library, register and deposit with them, by
personal delivery or by registered mail, two (2) complete
copies or reproductions of the work in such form as the
Directors of the said libraries may prescribe in accordance
with regulations: Provided, That only works in the field of
law shall be deposited with the Supreme Court Library. Such
registration and deposit is not a condition of copyright
protection.

17. • “SEC. 181. Copyright and Material Object. – The
copyright is distinct from the property in the material
object subject to it. Consequently, the transfer,
assignment or licensing of the copyright shall not itself
constitute a transfer of the material object. Nor shall a
transfer or assignment of the sole copy or of one or
several copies of the work imply transfer, assignment
or licensing of the copyright. (Sec. 16, P.D. No. 49)”

19. “SEC. 188. Reprographic Reproduction by Libraries
• 188.1. Notwithstanding the provisions of Subsection 177.1., any
library or archive whose activities are not for profit may, without the
authorization of the author or copyright owner, make a limited
number of copies of the work, as may be necessary for such
institutions to fulfill their mandate, by reprographic reproduction:
“ Where the making of such limited copies is in order to preserve
and, if necessary in the event that it is lost, destroyed or rendered
unusable, replace a copy, or to replace, in the permanent
collection of another similar library or archive, a copy which has
been lost, destroyed or rendered unusable and copies are not
available with the publisher.”

20. “SEC 191. Deposit and Notice of Deposit with the
National Library and the Supreme Court Library.
• At any time during the subsistence of the copyright, the
owner of the copyright or of any exclusive right in the work
may, for the purpose of completing the records of the
National Library and the Supreme Court Library, register and
deposit with them, by personal delivery or by registered
mail, two (2) complete copies or reproductions of the work
in such form as the Directors of the said libraries may
prescribe in accordance with regulations: Provided, That only
works in the field of law shall be deposited with the Supreme
Court Library. Such registration and deposit is not a condition
of copyright protection.”

21. “SEC. 216. Infringement. – A person infringes
a right protected under this Act when one:
• “(a) Directly commits an infringement;
• “(b) Benefits from the infringing activity of another person
who commits an infringement if the person benefiting has
been given notice of the infringing activity and has the right
and ability to control the activities of the other person;
• “(c) With knowledge of infringing activity, induces, causes or
materially contributes to the infringing conduct of another.

22. “216.1. Remedies for Infringement. – Any person
infringing a right protected under this law shall be
liable:
• “ To pay to the copyright proprietor or his assigns or heirs
such actual damages, including legal costs and other
expenses, as he may have incurred due to the infringement
as well as the profits the infringer may have made due to
such infringement, and in proving profits the plaintiff shall be
required to prove sales only and the defendant shall be
required to prove every element of cost which he claims, or,
in lieu of actual damages and profits, such damages which to
the court shall appear to be just and shall not be regarded as
penalty: Provided, That the amount of damages to be
awarded shall be doubled against any person who:

27. WHAT IS E-RESERVE??
•Electronic Reserve consists of both personal and
library materials that can be scanned or copied,
including:
chapters from books, journals, articles,
tests, exams and other assignments. Items can be
accessed by logging in to the e-reserve system.

28. E-Reserve Provision from R.A. 8293
• Section 171.4. A "computer" is an electronic or similar
device having information-processing capabilities, and
a "computer program" is a set of instructions
expressed in words, codes, schemes or in any other
form, which is capable when incorporated in a
medium that the computer can read, or causing the
computer to perform or achieve a particular task or
result

29. Sec. 185. Fair Use of a Copyrighted Work. -
• 185.1. The fair use of a copyrighted work for criticism,
comment, news reporting, teaching including multiple
copies for classroom use, scholarship, research, and similar
purposes is not an infringement of copyright.
Decompilation, which is understood here to be the
reproduction of the code and translation of the forms of
the computer program to achieve the inter-operability of
an independently created computer program with other
programs may also constitute fair use.

30. Sec. 189. Reproduction of Computer Program
• 189.1. Notwithstanding the provisions of
Section 177, the reproduction in one (1) back-up
copy or adaptation of a computer program shall
be permitted, without the authorization of the
author of, or other owner of copyright in, a
computer program, by the lawful owner of that
computer program: Provided, That the copy or
adaptation is necessary for:

31. • (a) The use of the computer program in conjunction
with a computer for the purpose, and to the extent,
for which the computer program has been obtained;
and
• (b) Archival purposes, and, for the replacement of
the lawfully owned copy of the computer program in
the event that the lawfully obtained copy of the
computer program is lost, destroyed or rendered
unusable.

32. Practices for Electronic Reserves
•Library practices for electronic reserve reading services are
derived from the fair use provisions of the United States.
Copyright Act expressly permits the making of multiple
copies for classroom use. The Association of Research
Libraries Bimonthly Report 232, February 2004, "Applying
Fair Use in the Development of Electronic Reserves
Systems," served as a model for guidelines.

33. • The University of Illinois, Urbana-Champaign Library purchases
collections for the nonprofit educational use of students and faculty.
All library materials are acquired with the understanding that there
will be multiple uses of a limited number of copies. The Library pays
premium institutional prices for many print journal subscriptions and
electronic journal license agreements--prices which are many times
higher than individual subscription prices--in order to support
multiple academic uses. The sole purpose of the electronic
reserve service is to facilitate the making of multiple copies
for classroom use by students. Considered within this context,
electronic reserve services were developed by the Libraries in a
manner that conforms to the fair use provisions of copyright law

34. • The fair use of a copyrighted work, including such use
by reproduction in copies or phonorecords or by any
other means specified in that section, for purposes
such as criticism, comment, news reporting, teaching
(including multiple copies for classroom use),
scholarship or research, is not an infringement of
copyright.

35. The purpose and character of the use, including
whether such use of a commercial nature or is for
nonprofit educational purposes;
•The UIUC Library has implemented our e-reserve
system in support of non-profit education
• Placement of materials on electronic reserve is
at the initiative of faculty solely for non-
commercial, educational purposes.

36. The nature of the copyrighted work;
• The amount and substantiality of the portion used in
relation to the copyrighted work as a whole;
• The UIUC Library considers the relationship of the amount
used to the whole of the copyright owner's work.
• Because the amount that a faculty member assigns depends
on many factors, such as relevance to the teaching objective
and the overall amount of material assigned, the UIUC
Library may also consider whether the amount, even the
entire work, in some cases, is appropriate to support the
lesson or make a point

37. •Whenever possible, if the Library does not
already own or have licensed access to the
material, it will purchase materials at a
reasonable price to be copied or scanned for
electronic reserves.

38. • Copyright notices appear on screen in the online reserve
system to indicate that copyright law may cover materials.
• There are no charges for access. The charge for copies
made by students will be limited to the nominal cost of laser
printing.
• Electronic files are no longer accessible from the reserve
system at the end of each semester.

39. Examples of e-reserve library in the Philippines

42. Electronic Reserve Copyright Guidelines
(Bailey/Howe Library, University of Vermont)
• The copyright law of the United States governs the making of
reproductions of copyrighted material. Under certain conditions,
libraries are authorized to furnish a reproduction, but one of the
specified conditions is that the reproduction will not be used for any
purpose other than private study, scholarship, or research.
• Because the library is considered an extension of the classroom,
access to reserve materials is limited to course and instructor's name.
When faculty submit items to Reserve/EReserve, they should provide
the author's name, title of the work, and copyright statement, if there
is one.

43. Fair-use and E-Reserve practices

44. Fair-use and E-Reserve practices

45. Fair-use and E-Reserve practices

46. Fair-use and E-Reserve practices

47. Fair-use and E-Reserve practices

48. Fair-use and E-Reserve practices

49. Fair-use and E-Reserve practices

50. Fair-use and E-Reserve practices

51. Fair-use and E-Reserve practices

52. References:
http://rizal.lib.admu.edu.ph/rlereserve.asp
https://library.uvm.edu/services/reserves/ereserveguide.php