[talk-ph] On public domain data in the Philippines

maning sambale emmanuel.sambale at gmail.com
Mon Mar 2 01:22:54 GMT 2009


Thanks for the info.  The prior approval clause disturbs me a bit

On Sun, Mar 1, 2009 at 12:05 AM, Eugene Alvin Villar <seav80 at gmail.com> wrote:
> Hi Maning,
>
> Please see section 176.1 of the Intellectual Property Code of the
> Philippines (http://www.chanrobles.com/legal7copyright.htm). It says there:
>
>> No copyright shall subsist in any work of the Government of the
>> Philippines. However, prior approval of the government agency or office
>> wherein the work is created shall be necessary for exploitation of such work
>> for profit. Such agency or office may, among other things, impose as a
>> condition the payment of royalties.
>
> The "no copyright" phrase is probably intended to mean "public domain" (a la
> the U.S. copyright law) but the subsequent condition of a requirement of
> prior approval for commercial purposes means that this is definitely NOT
> public domain. There's actually a contradiction by saying "no copyright"
> followed by a "prior approval ... is necessary".
>
> Now, I'm not sure whether the "Government of the Philippines" means every
> government agency, including local government units, or simply the National
> Government. But if, say, Naga City says that their data is in the public
> domain, then it probably is, overriding the provisions of the IPC.
>
> This is something that has been bugging the Filipino Wikipedian community
> for several years now. We actually plan to lobby for the repeal of this
> "prior approval" clause so that works by the Philippine Government will
> truly be in the public domain. But we have to set-up Wikimedia Philippines
> first to give the lobby a legal entity.
>
> Regards,
> Eugene
>
>
> On Sat, Feb 28, 2009 at 2:51 PM, maning sambale <emmanuel.sambale at gmail.com>
> wrote:
>>
>> Eugene,
>>
>> I vaguely remember during our meet-up in Grappas that you were
>> discussing something about the use of public domain data in the
>> Philippines.  You mentioned that data in the public domain as defined
>> in the Philippines cannot be used for commercial purposes.  Did I get
>> this right?
>>
>> Please clarify.
>>
>> --
>> cheers,
>> maning
>> ------------------------------------------------------
>> "Freedom is still the most radical idea of all" -N.Branden
>> wiki: http://esambale.wikispaces.com/
>> blog: http://epsg4253.wordpress.com/
>> ------------------------------------------------------
>
>
>
> --
> http://vaes9.codedgraphic.com
>



-- 
cheers,
maning
------------------------------------------------------
"Freedom is still the most radical idea of all" -N.Branden
wiki: http://esambale.wikispaces.com/
blog: http://epsg4253.wordpress.com/
------------------------------------------------------




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