Senior High School

12

Media and
Information
Literacy
Quarter 1 – Module 8:
Intellectual Property, Copyright,
and Fair Use
 Quarter 1
Week 8 - Module 8
INTELLECTUAL PROPERTY, COPYRIGHT, AND FAIR USE

Content Standard : The learner demonstrates understanding of Media

and Information Literacy (MIL) and MIL related
concepts.
Performance Standard : The learner organizes a creative and interactive
symposium for the community focusing on being a
media and information literate individual.
Learning Outcomes : Upon the completion of the module, the SHS
students are expected to apply knowledge in
intellectual property, copyright, and fair use
guidelines in practical situation.
Competency : Define and explain copyright and other related
issues; discuss current related issues relevant to
copyright in relation to actions of government and
private sectors, explain actions to promote ethical
use of media and information.
Topic : Intellectual Property, Copyright, and Fair Use

What I Know

Multiple Choice. Read the questions carefully and write the letter of the correct
answer on a piece of paper.

1. What act refers to any copying of copyrighted material done for a limited and
transformative purpose, such as to comment upon, criticize or parody?
A. Fair Use C. Trademark
B. Privacy Invasion D. Cyberbullying
2. Which term below means any idea, invention or process that derives from the
work of mind or intellect?
A. Ethics C. Intellectual Property
B. Defamation D. Creative Common License
3. What is called as the violation of copyright?
A. Ethics C. Copyright Infringement
B. Defamation D. Creative Common License

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 4. Which is an example of illegal and unethical issues in media and information?
A. Copyright C. Chatting
B. Cyberbullying D. Entertainment
5. Which statement explains the legal implications of plagiarism?
A. The artistic expression of an idea automatically falls under copyright when
it is used.
B. The artistic expression of an idea automatically falls under copyright when
it is created.
C. The artistic expression of an idea automatically falls under copyright when
it is copied.
D. The artistic expression of an idea automatically falls under copyright when
it has permission.
6. Which statement describes copyright well?
A. A legal device that gains the creator of a literary, artistic, musical or other
creative work the sole right to publish and sell that work.
B. A protective device that gains the creator of a literary, artistic, musical or
other creative work the sole right to publish and sell that work.
C. A paralegal device that gains the creator of a literary, artistic, musical or
other creative work the sole right to publish and sell that work.
D. An advocacy that gains the creator of a literary, artistic, musical or other
creative work the sole right to publish and sell that work.
7. What do you call a person who violated the copyright law?
A. Copyrighter C. Copyright Infringer
B. Fair User D. Copyright Infringement
8. Which of the term below gives anyone rights of something he/she has
invented?
A. Copyright C. Copyright Infringement
B. Fair Use D. Intellectual Property
9. Alden, a musician, was asked to make a theme song for a new Teleserye. He,
then listens to old songs of his favorite singers and composers. Did Aldren
violate the intellectual property rights?
A. Yes C. Maybe
B. No D. Not Quite
10. Saul, a researcher, is very meticulous in writing his references. What
intellectual property right is he trying NOT to commit?
A. Fair Use C. Unsound Judgment
B. Privacy Invasion D. Unethical Use of Information

How well you answer the test? Was it easy to for you? Great! You already have
a concept of what will we do in this module. Let’s proceed!

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 What I Need to Know

Welcome to Module Eight of Media and Information Literacy. In the previous

module, you learned how to identify messages conveyed in media products through
understanding media codes and conventions. Similarly, in this module, you will be
learning on proper usage and consumption of media products. This also includes
when to apply the knowledge on intellectual property, copyright, and fair use
guidelines on practical situation to improve our society.

After going through this module, you are expected to:

1. distinguish intellectual property, copyright, and fair use guidelines; and
2. analyze specific case study related to intellectual property, copyright, and fair
use of media and information literacy.

What’s In
•

Media products are all around us. It conveys messages that at times we do
not know. Hence, it is important we know the codes and convention used. Let’s see
if you can still recall our previous module.

Activity One. I Sense the Message

Identify the message conveyed in the poster below. Consider the codes
(technical, symbolic and written) and convention used.

https://bit.ly/2FUWqWy

Guide Question:

What message/s about COVID-19 is included in the poster? How did you identify
them?

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 Very good! Now that you have studied codes and conventions in media, it will
be easy now on your part to detect hidden messages, flaws, originality found on ads,
pictures, and others. On the next section, let’s see how many can you explain.

What’s New

Activity 1. This I Know…

Study the words below, then complete the table.

Terms My Understanding
Intellectual Property
Copyright
Fair Use

Guide Questions:
1. What is common to all the terms above?
2. What issue or problem could arise from the three terms above?

That’s right! In this module, you will learn how important to know one’s right
in terms of intellectual property and how being a media literacy guides your life.

What is It

Internet ushered a platform for creativity and exhibition. It also paved the way
for people around the world to see and appreciate new inventions, products,
innovations, etc. As a result, one may probably say “nothing is unique and original
in this digital age.” Hence, everyone thinks he/she can create and recreate anything
without violating someone’s rights. On the contrary, this era has promoted protection
for its creator/producer more than ever. Read the paragraphs below to understand.

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 Anything that comes into being through
invention or artistic creation that include
inventions, literary or artistic work, images,
symbols, etc. is Intellectual property. Hence,
any rights given to persons over the
creations of their minds is called
Intellectual property rights. They usually
give the creator an exclusive right over the use
of his/her creation for a certain period.

For example:
One can own a painting (intellectual
property) but does not automatically give the
person the right to make copies of it
(intellectual property right).
Copyright, the right of an owner of intellectual property (authors of literary
and artistic works such as books and other writings, musical compositions,
paintings, sculpture, computer programs and films) to control how that property is
copied, altered, sold, etc. In most countries today copyright does not have to be
registered, but the property must be (largely) finished – ideas cannot be copyrighted
for a minimum period of 50 years after the death of the author.

Also protected through copyright and related (sometimes referred to as

“neighboring”) rights are the rights of performers (e.g. actors, singers and musicians),
producers of phonograms (sound recordings) and broadcasting organizations.

Infringement of copyright occurs when a

copyrighted work is reproduced, distributed, performed,
publicly displayed, or made into a derivative work
without the permission of the copyright owner.

Copyright Infringer is anyone who violates any

of the exclusive rights of the copyright owner is an
infringer of the copyright or right of the author.

https://bit.ly/2ZPHTCJ A typical example of copyright infringement is the

use of music in your videos. If you have not obtained
the permission to use a song as background music for your home movies, business
presentations, or your own creative work, then you could be liable for copyright
infringement. Video-sharing sites like YouTube and Facebook actively flag down or
mute songs and music for copyright violation.

Copyright infringement is another term for piracy or the theft of someone’s

original creation, especially if the one who stole recoups the benefits and not the
creator of the material. It should also be noted that the exclusive rights given are
generally subject to a number of limitations and exceptions, aimed at fine-tuning the

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balance that has to be found between the legitimate interests of right holders and
of users.

Fair use. In the United States, the principle of fair use lets you use a
copyrighted work in a “transformative” way so that what you create is substantially
different and not derivative of the original, “for purposes such as criticism,
comment, news reporting, teaching (including multiple copies for classroom use),
scholarship, or research, is not an infringement of copyright.”

Examples include:
o Quoting from a song, novel or other work in a review or a similar work
of criticism.
o Quoting from a work in support of a political or academic argument.
o Parodying an existing work (though performers who parody specific
songs often choose to get permission from the copyright holders, to
avoid possible problems).
o As well, to be fair use the new work should only use as much of the
original as is necessary for its purposes and must not take the place of
the original or make it less valuable to the copyright holder. (For that
reason, adding annotations to a movie would not count as fair use
because you could still watch the movie just to enjoy it, as you would
with the original work.)
o Finally, if the new work is intended for “non-profit educational
purposes” it is more likely to be considered fair use than if it is done
for profit.

In other words, fair use is affected by factors of purpose, nature, amount,

and effect. How does this work? Study the explanation below.

In using copyright work, fair use can be applied if these factors are met:

• Purpose: You are inspired by Marvel's comic superhero Black Panther. You
draw your own original version of the character and use it to make a T-shirt.
This is likely fair use. If you copy the original Black Panther image onto a T-
shirt and try to sell the T-shirts, that is not fair use and would be a copyright
infringement.
• Nature: If you are writing a research paper and want to use a quote from an
article or book to support your ideas, this is fair use. You need to provide a
citation for the author/work. Using informational works such as news,
magazines, scholarly books, and articles is a better case for fair use because
it encourages the spread of ideas and benefits the public.
• Amount: If you are creating a video for a school project, and a documentary
by National Geographic supports your ideas, you can argue fair use by using
a short clip from the movie. And because it's for school, you have a more
compelling argument for fair use.
• Effect: Copying a still image from a movie and making it into a meme as a
parody or commentary is typically an argument for fair use. The meme would

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 likely not have a negative effect on the sales or performance of the movie. (In
this case, the meme uses a small amount of the original work, is used for
noncommercial purposes, and is transforming the original work into
something different.)

What’s More

Let’s put our new knowledge into practice. It is very important that we
understand the terms -- intellectual property, copyright, and fair use correctly
by doing the activities below.

Activity 1. I Can Summarize...

Copy and answer the given Venn Diagram below. See to it that you explain it
in your own words in 1-2 sentences. Read the rubrics below to be guided.

Guide Questions:
Intellectual
Property
1. What is Intellectual Property?
2. What is Copyright?
3. What is Fair Use?
4. What are the similarities and
differences of Intellectual
Property, Copyright, and Fair
Use?
Copyright Fair Use

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Rubrics
Criteria 50 40 30 20
Most words are Some words are Words are Words are
carefully carefully chosen with chosen with
chosen; writing chosen; writing less care; less care;
is clear and is clear and writing is writing is
legible. Most legible. Most sometimes sometimes
words are words are unclear; most unclear; some
Mechanics
spelled spelled words are words are
correctly and correctly and spelled spelled
proper proper correctly and is incorrectly and
punctuation is punctuation is grammatically proper
employed. employed. correct. punctuation is
not employed.
Major points Major points Major points Topic is
are presented are presented. are presented. oversimplified
and However, some However, most or fails to
fully supported of them are not of them are not present major
Content
with convincing supported with supported with points.
arguments, convincing convincing
ideas and data. arguments, arguments,
ideas and data. ideas and data.

Astounding! You have really grasped the idea. Now, continue with the next
activity to identify how you really feel about these concepts.

Activity 2. I Do That...

As a student, you are often confronted with these scenarios when using media
and information. Read the statements carefully. Put a check mark on statement that
describes your attitude towards using media and information and leave the
statement unmark if it does not describe you at all. Write your answers on another
piece of paper.

Statements √ X
1. I am paying for an internet connection so I should be allowed to
download or watch any movies or TV shows I want.
2. I bought an original song from iTunes. I should be able to copy the
songs for my own use.
3. I watched “Train to Busan: Peninsula” at an IMAX movie house, I
should be able to share the movie with family.
4. I have bought a pdf copy of Harry Potter series. I should be able to
adapt some plots in the novel for my own use.
5. I have a monthly subscription of Netflex. I should be able to share
download any movies or TV shows with friends.
6. I like counterfeit goods because they demonstrate initiative and
ingenuity of counterfeiters.
7. I buy counterfeit products because counterfeiters are the little guys
who fight big businesses.

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 8. I buy counterfeit products because the prices of designer products are
unfair.
9. I think counterfeit products are just as good as designer products.
10. I watch foreign TV series in 3rd party hosting which asked for
payment.

Interesting! This activity shows your attitude towards intellectual property,

copyright and fair use. Upon answering this activity, you have shown understanding
at the same time your commitment of protecting intellectual property
rights. Congratulations! Lastly, let’s solidify your understanding by analyzing these
case studies.

Activity 3. I look Fair or Square?

As a student, you are both a consumer and creator of media. Nowadays, it is

easier for you to share and copy digital content online. In this activity, you will know
how fair use works. Study the pictures below and answer the questions that
follow. Write your answers on a separate sheet of paper.

A.
Question:
1. Why does Starbucks lost to a
legal battle to this lookalike in
2006? Explain your answer in 2-3
sentences.

https://tinyurl.com/399uxraz

B.

https://tinyurl.com/399uxraz

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Question:
1. What do you think will be the decision of the court? Give your arguments.

C.
A biographer paraphrased large portions of unpublished letters written by
the famed author J.D. Salinger. Although people could read these letters at a
university library, Salinger had never authorized their reproduction. In other
words, the first time that the general public would see these letters was in their
paraphrased form in the biography. Salinger successfully sued to prevent
publication.

Question
1. Is Fair Use or Not a Fair Use? Give your reasons.

Amazing! You are now ready to become a responsible digital citizen.

What I Have Learned

I learned that…
• Intellectual property (IP) includes tangible and intangible creations of the
human intellect.
• Copyright is the exclusive legal right given to an originator or an assignee to
print, publish, perform, film, or record literary, artistic, or musical material,
and to authorize others to do the same.
• Fair use allows a copyrighted work in a “transformative” way so that what
you create is substantially different and not derivative of the original, “for
purposes such as criticism, comment, news reporting, teaching (including
multiple copies for classroom use), scholarship, or research.

What I Can Do

In this COVID-19 pandemic, everywhere around the world, advertisement,

and virtual concerts have been posted in the internet to raise funds to help people in
this crisis. However, such good gestures can also be used to abuse intellectual
property rights. As a media and information literacy student, write an open letter
reminding organizers, artists, patrons, consumers to uphold always intellectual
property rights. Your letter should follow the standard format of a formal letter. Read
the rubrics below for your guidance.

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 Criteria 15 13 11 9
The student The student The student The student
was able to was able to was able to was not
write a write a write a able to
Meaningfulness cohesive and cohesive but cohesive write a
comprehensive not letter, with cohesive or
letter, with comprehensive not so much meaningful
supporting letter, with supporting letter.
details to its supporting details to its
meaning. details to its meaning.
meaning.
Completeness The letter was The letter was The letter The letter
written written seemed to was
following the following the have slightly submitted
format of format of uncompleted mostly
formal letter. formal letter parts. unfinished.
but had a few
lacking
components.

Assessment

Multiple Choice. Read the questions carefully and write the letter of your choice in
another piece of paper.

1. What term below refers to the exclusive legal right, given to an originator or an
assignee to print, publish, perform, or record creative materials?
A. Copyright C. Privacy Invasion
B. Cyberbullying D. Intellectual Property
2. What could occur when a copyrighted work is reproduced, distributed, performed,
publicly displayed, or the work is imitating something without the permission of
the copyright owner?
A. Defamation C. Code of Ethics
B. Intellectual Property D. Copyright infringement
3. What act refers to any copying of copyrighted material done for a limited and
transformative purpose, such as to comment upon, criticize or parody?
A. Fair Use C. Trademark
B. Privacy Invasion D. Cyberbullying
4. Which term below means any idea, invention or process that derives from the work
of mind or intellect?
A. Ethics C. Intellectual Property
B. Defamation D. Creative Common License
5. What is called as the violation of copyright?
A. Ethics C. Copyright Infringement
B. Defamation D. Creative Common License

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 6. A literary piece has been published a hundred years ago. It has been used in
literary critiquing in academic studies. Is using the same literary piece in this
module means violating the intellectual property right?
A. Yes C. Maybe
B. No D. Certainly
7. A literary piece of a popular novelist is currently used in literary critiquing in
academic studies. What law protects the academe from using the literary
piece?
A. Fair Use C. Trademark
B. Privacy Invasion D. Cyberbullying
8. A certain film production wanted to release “A Babae sa Septic Tank” in
international screening. What should they do?
A. buy the copyright
B. know the cost of production
C. ask the actors if interested
D. identify the movie houses to screen
9. A business owner whose name is Mikael, used M as a logo for her beauty
parlor. Can McDonald file a petition of copyright infringement?
A. Certainly C. Negative
B. Maybe D. No Idea
10. Why is watching “Mulan” at Robinson’s Galleria Movie Theater
respecting intellectual property?
A. It gives credit to the film makers properly.
B. It shows support to the movie industry.
C. It collects money properly.
D. It creates a box office hits.

Additional Activities

Good Job! You are now certified responsible digital netizen. As parting activity
for this topic, you are to give 10 Tips to become responsible media and
information user. Study the example below.

Example:

10 Tips to Become a Responsible Media and Information User

1. Assume there’s always copyright. Always ask permission from the rightful
owner.

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10 Tips to Become a Responsible Media and
Information User

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 14
August 6, 2020, from https://www.pinterest.com/pin/188025353166007825/
(n.d.). Plagiarism! Plagiarism!: 25 Fun Games and Activities to Teach .... Retrieved
https://paradisevalley.libguides.com/plagiarism/class_activities
August 6, 2020, from
(2020, June 4). Class Activities - Plagiarism & Copyright Resources .... Retrieved
plagiarism/
Retrieved August 6, 2020, from https://www.cultofpedagogy.com/preventing-
(2017, February 26). Teaching Students to Avoid Plagiarism | Cult of Pedagogy.
18-0787-8 (ES)
Teachers. UNESCO Press ISBN 978-92-3-104198-3 (EN); 978-959-18-07; 978-959-
Wilson, Carolyn; et al. (2011). Media and Information Literacy: Curriculum for
References:
Activity 1.
1. Intellectual Property
2 – 4. Copyright, intellectual property right, fair use
5. rights
6. death
7. fair use
8. – 10. Education, critic or argument
11. subjected
12-13. user, creator
Activity 3.
A. Answer vary.
B. Answer vary.
C. Not a fair use A biographer paraphrased large portions of
unpublished letters written by the famed author J.D. Salinger.
Although people could read these letters at a university library,
Salinger had never authorized their reproduction. In other words,
the first time that the general public would see these letters was in
their paraphrased form in the biography. Salinger successfully
sued to prevent publication.
Reason/Important factors: The letters were unpublished and were the
“backbone” of the biography—so much so that without the letters the
resulting biography was unsuccessful. In other words, the letters may
have been taken more as a means of capitalizing on the interest in
Salinger than in providing a critical study of the author. (Salinger v.
Random House, 811 F.2d 90 (2d Cir. 1987).)
Answer Key
(n.d.). Exploring Plagiarism, Copyright, and Paraphrasing .... Retrieved August 6,
2020, from http://www.readwritethink.org/classroom-resources/lesson-
plans/exploring-plagiarism-copyright-paraphrasing-1062.html

(2018, January 2). Avoiding Plagiarism: Teaching Tips and Lesson Plans .... Retrieved
August 6, 2020, from https://www.readingandwritinghaven.com/avoiding-
plagiarism-teaching-ideas-high-school/

(2015, November 2). Teaching High School Students How To Avoid Plagiarism.
Retrieved August 6, 2020, from https://www.rethinkela.com/2015/11/teaching-
high-school-students-how-to-avoid-plagiarism/

(n.d.). Intellectual Property | MediaSmarts. Retrieved August 1, 2020, from

https://mediasmarts.ca/digital-media-literacy/media-issues/intellectual-property

(n.d.). Intellectual Property: Overview | MediaSmarts. Retrieved August 1, 2020, from

https://mediasmarts.ca/digital-media-literacy/media-issues/intellectual-
property/intellectual-property-overview

(n.d.). Code of Best Practices in Fair Use for Media Literacy Education. Retrieved
August 1, 2020, from https://cmsimpact.org/code/code-best-practices-fair-use-
media-literacy-education/

(2018, August 7). Copyright and Media Literacy (CONNECT!ONS / Summer 2018).
Retrieved August 1, 2020, from https://milunesco.unaoc.org/mil-
resources/copyright-and-media-literacy-connectons-summer-2018/

(2018, March 22). 3 Great Lesson Plans on Copyright | Common Sense Education.
Retrieved August 1, 2020, from
https://www.commonsense.org/education/articles/3-great-lesson-plans-on-
copyright

(2011, April 1). Copyright And Fair Use Lesson Plans | Media Education Lab.
Retrieved August 1, 2020, from https://mediaeducationlab.com/copyright-and-fair-
use-lesson-plans-high-school-college-and-graduate-education
.
(nd). Summaries of Fair Use Cases. Retrieved August 13, 2020, from
https://fairuse.stanford.edu/overview/fair-use/cases/

(2019, January 29). What is Copyright Infringement and How to Avoid it [Complete
.... Retrieved August 16, 2020, from https://www.copyrighted.com/blog/copyright-
infringement

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