Copying‘s cost
Infringement may give rise to civil liability. In more serious cases, it may result in criminal prosecution, carrying fines and imprisonment.
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Infringement may give rise to civil liability. In more serious cases, it may result in criminal prosecution, carrying fines and imprisonment.
In today’s digital age, copying has never been easier — and yet it has never been riskier.
With a few clicks, one can download music, repost articles, grab images and even replicate entire works. The temptation is real. After all, “it’s already online.” But what many fail to appreciate is this: just because something is accessible does not mean it is free to use.
At the heart of this issue is copyright law.
Copyright protects original intellectual creations — books, articles, music, films, photographs and even computer programs. It gives the creator exclusive rights to reproduce, distribute, display, perform and communicate the work to the public. In simple terms, it is the law’s way of saying: “This belongs to someone.”
Copyright infringement happens when these rights are violated without permission, unless the act falls within the statutory limitations of copyright.
A common misconception is that infringement requires bad faith or malicious intent. Not so. Copyright infringement is, in many respects, a strict liability offense. One may be held liable even without an intent to infringe. Good faith, at best, may reduce damages — but it does not erase liability.
Another frequent defense is attribution. Many believe that as long as they give credit to the owner, they are safe. This is legally incorrect. Acknowledging the source does not substitute for permission. Under certain conditions, one may still be liable for infringement even when the original author is properly cited.
Of course, the law recognizes that not all uses should require consent. This is where the doctrine of fair use comes in. Fair use allows limited use of copyrighted material for purposes such as criticism, comment, news reporting, teaching, scholarship, or research. But it is not a blanket exemption. Courts look at factors such as the purpose of the use, the nature of the work, the amount and substantiality of the work taken and the effect on the market value. It is a balancing test, not a free pass.
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In practice, infringement comes in many forms: uploading movies without authorization, using photos from the internet for commercial purposes, reproducing articles without consent, or even sharing pirated software. With the rise of social media and content creation, the line between personal use and public distribution has become increasingly blurred.
The consequences, however, remain clear.
Under our Intellectual Property Code, infringement may give rise to civil liability — injunction, damages and even the destruction of infringing materials. In more serious cases, it may result in criminal prosecution, carrying fines and imprisonment.
The rule is simple: when in doubt, ask. Secure permission. Use licensed or royalty-free content. Do not assume that “free online” means free of legal consequences. Because while copying may be easy, defending it in court is not.
For more of Dean Nilo Divina’s legal tidbits, please visit www.divinalaw.com. For comments and questions, please send an email to cad@divinalaw.com.
