I.Protect: Attribution-A A +A
Thursday, September 20, 2012
Clint Fabiosa & Ana Liza Villamor
HOW important is attribution when one quotes portions of the writings of others?
Section 193 of the Intellectual Property Code provides for the moral rights of the author of literary and artistic works. The first moral right is to “To require that the authorship of the works be attributed to him, in particular, the right that his name, as far as practicable, be indicated in a prominent way on the copies, and in connection with the public use of his work.” In the case of HABANA vs. ROBLES, G.R. No. 131522, July 19, 1999, the Supreme Court held that “in cases of infringement, copying alone is not what is prohibited. The copying must produce an ‘injurious effect.’” In the said case, the respondent lifted from petitioners’ book materials that were the result of the latter’s research work and compilation and misrepresented them as her own. The book was circulated for commercial use and did not acknowledge petitioners as her source. In the words of the Court: “To allow another to copy the book without appropriate acknowledgment is injury enough.”
Published in the Sun.Star Cebu newspaper on September 21, 2012.