Lam Q4 Week 5
Lam Q4 Week 5
12
Leadership and Management
in Different Arts and Fields
Quarter 4 – Module 5
SELF-LEARNING KIT
Hello dear learners! I will guide you ask you go through this
Self-Learning Kit (SLK). This SLK was designed and written
with you in mind. The following are some reminders in using
this module:
1. Use the module with care. Do not put unnecessary mark/s on any part
of the module. Use a separate sheet of paper in answering the exercises.
2. It is illegal to copy, duplicate nor publish in any means any part of the
module without permission from the author. You are prohibited to
upload or share your answers online or in any communication
platforms.
3. Answer all activities included in the module.
4. Read the instruction carefully before doing each task.
5. Observe honesty and integrity in doing the tasks and checking your
answers.
6. Finish the task at hand before proceeding to the next.
7. Compile your learning modules per subject area. Remember that this
will serve as your notes in studying for the examinations.
8. Make sure to submit your answer sheets on time.
This module was designed to provide you with fun and meaningful
opportunities for guided and independent learning at your own pace and time.
You will be enabled to process the contents of the learning resource while
being an active learner.
If you encounter any difficulty in answering the tasks in this module, do not
hesitate to consult your teacher or facilitator. Always bear in mind that you
are not alone.
We hope that through this material, you will experience meaningful learning
and gain deep understanding of the relevant competencies. You can do it!
2
LEARNING COMPETENCIES
AD_LMA12-IVe-21-22 Complies to the laws-identification of (possible)
violations in their communities
Identification and reporting of (possible) violations in their communities
of basic constitutional rights: Freedom of Expression, Intellectual
Property Rights, National Heritage Law, Indigenous People’s Rights Law
3
What’s New
This module will teach the learners to develop awareness and
understanding of the basic laws governing arts and culture and translates
these laws on to practical applications. Ignorance of the law excuses no one
and as future art managers, it is but imperative for Arts and Design learners
to have knowledge on these laws.
What is It
Knowing about the law means you can be careful about not breaking it.
It has long been established that the rule of law— which at its core
requires that government officials and citizens be bound by and act
consistently with the law—is the very basis of the good governance needed to
realize full social and economic potential. Empirical studies have revealed the
importance of law and legal institutions to improving the functioning of
specific institutions, enhancing growth, promoting secure property rights,
improving access to credit, and delivering justice in society.
4
Freedom of Expression
Everyone has the right to freedom of opinion and expression; this right
includes the right to hold opinions without interference and to seek,
receive and impart information and ideas through any media and
regardless of frontiers.
5
1. Everyone shall have the right to freedom of opinion.
6
Thus, it has become a state policy to streamline administrative
procedures for registering patents, trademarks and copyright, to liberalize the
registration on the transfer of technology, and to enhance the enforcement of
intellectual property rights in the Philippines.
A. Copyrights
The IP Code defines “author” as the person who has created the work.
Therefore, when applying for copyright registrations in the Philippines, the
author of the work indicated must be a natural person.
There are two (2) types of rights under the copyright system of the
Philippines:
Economic Rights
Economic rights consist of the exclusive right of the creator or author
of a work to carry out, authorize or prevent acts such as the reproduction of
the work (e.g. photocopying a book or copying a DVD), public performance of
the work (e.g. playing copyrighted songs in public areas), or transformation of
the work (e.g. adaptation of a book to a movie).
Moral Rights
Moral rights entitle the author or creator to take measures to protect
the connection between himself and the work, which includes the right to:
1) Require authorship of the works be attributed to him;
2) Make alterations to his work prior to, or withhold it from, publication;
3) Object to any distortion, mutilation or other modification of, or other
derogatory action in relation to, his work; and
4) Restrain the use of his name with respect to any work not of his own
creation or in a distorted version of his work.
7
The fair use of a copyrighted work for criticism, comment, news
reporting, teaching (including a limited number of copies for classroom use),
research, and similar purposes is not an infringement of copyright in the
Philippines. In determining fair use, the following are considered:
a) The purpose and character of the use, including whether such use is
of a commercial nature or is for non-profit educational purposes;
(b) The nature of the copyrighted work;
(c) The amount and substantiality of the portion used in relation to the
copyrighted work as a whole; and
(d) The effect of the use upon potential market for or value of the
copyrighted work.
8
B. Patents
• NEW
• involves an INVENTIVE STEP
• and is INDUSTRIALLY APPLICABLE.
A patent confers its owner the exclusive right to restrain, prohibit and
prevent any unauthorized person or entity from making, using, offering for
sale, selling or importing the patented product.
If the subject matter of the patent is a process, then the right granted
is the right to restrain, prohibit and prevent any unauthorized person or entity
from using the process, and from manufacturing, dealing in, using, selling or
offering for sale, or importing any products obtained directly or indirectly from
such process.
The Philippines follows the first-to-file rule, meaning that when two or
more applications are filed for the same invention, the right to the patent will
belong to the applicant who has the earliest filing or priority date.
9
The following are not patentable in the Philippines:
a new form or new property of a known substance which does not result
in the enhancement of the known efficacy of that substance
a new property or new use for a known substance, or the mere use of a
known process unless such known process results in a new product
that employs at least one new reactant
Biological materials are patentable except for plants and animals. Plant
varieties are not patentable but can be protected under the Plant Variety
Protection Act of 2002 [Republic Act No. 9168].
10
Other Types of Patents
Utility Models
11
C. Industrial Designs
12
D. Trade Marks
13
National Heritage Law
Republic Act No. 10066, which provides for the Protection and
Conservation of the National Cultural Heritage, Strengthening the National
Commission for Culture and the Arts (NCCA) and its Affiliated Cultural
Agencies, and for Other Purposes was signed by then President Gloria
Macapagal-Arroyo on 26 March 2010.
Through Article VIII, Sections 31 & 32, the bill defines the sharing of
responsibilities among the concerned government agencies and the private
sector, maximizing the NCCA network of interfaced public and private support
for protection of the national heritage.
14
15
The Bill emphasizes the need to strengthen the police power of the
NCCA and the Cultural Agencies in deputizing local and national law
enforcement agencies. The NCCA, through its attached cultural agencies, has
the authority to enforce cease and desist order at any needed time thanks to
Article VII on Deputizing the police, military, NBI, coast guard and the like,
on Cease and Desist Order and Visitorial Power.
16
Other highlights include:
A redefinition of cultural properties to encompass tangible and
intangible properties (Article III);
The maximization of the NCCA network of interfaced public and
private support or protection of the national heritage;
The designation of Heritage Zones to enhance sense of place; and
to protect both cultural properties and histories (Article IV); and
The use of sustained cultural education, through the national
formal and non-formal schooling, as well as the informal
programs run by local governments, in order to generate people
support for conservation (Article X).
17
a. A group of people or homogenous societies identified by self-
ascription and ascription by others, who have continuously lived as
an organized community on communally-bounded and defined
territory;
b. Those who have, under claims of ownership since time immemorial,
occupied, possessed and utilized such territories, sharing common
bonds of language, customs, traditions and other distinctive cultural
traits;
c. Those who have, through resistance to political, social and cultural
inroads of colonization, non-indigenous religions and cultures,
become historically differentiated from the majority of Filipinos;
d. Peoples who are regarded as indigenous on account of their descent
from the populations that inhabited the country at the time of
conquest or colonization, or of inroads of non-indigenous religions
and cultures, or the establishment of present state boundaries;
e. People who retain some or all of their own social, economic, cultural
and political institutions; and
f. People who may have been displaced from their traditional domains
or who may have resettled outside their ancestral domains.
18
f) The State recognizes its obligations to respond to the strong
expression of the ICCs/IPs for cultural integrity by assuring maximum ICC/IP
participation in the direction of education, health, as well as other services of
ICCs/IPs, in order to render such services more responsive to the needs and
desires of these communities.
19
What’s More
Activity 1: Identify
Identify and explain using your own words the different laws governing arts
and culture presented in the module. Then, identify at least two (2) possible
violations of these laws in your community.
1. _______________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
Possible violations:
_____________________________________________________________________
_____________________________________________________________________
2. _______________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
Possible violations:
_____________________________________________________________________
_____________________________________________________________________
3. _______________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
Possible violations:
_____________________________________________________________________
_____________________________________________________________________
4. _______________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
Possible violations:
_____________________________________________________________________
_____________________________________________________________________
20
What I Can Do
Choose one (1) law governing arts and culture presented in this module.
Create an artwork of your choice to raise awareness of that law for your
community.
21
What I Have Learned
____________________________________________________________________________________________________
____________________________________________________________________________________________________
____________________________________________________________________________________________________
____________________________________________________________________________________________________
____________________________________________________________________________________________________
____________________________________________________________________________________________________
____________________________________________________________________________________________________
____________________________________________________________________________________________________
Assessment
Write a short paragraph explanation of why laws are important in arts and
culture.
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
22
References
Boquiren, Laya. Leadership and Management in the Arts. Quezon: Vibal Group,
Inc., 2019.
https://www.dlsu.edu.ph/wp-content/uploads/pdf/sdrc/books/ubcheamodule-
sept262016.pdf
https://openknowledge.worldbank.org/bitstream/handle/10986/25880/9781464
809507_Ch03.pdf?sequence=35&isAllowed=y
https://www.law.utoronto.ca/documents/general/Law_and_You.pdf
https://www.article19.org/data/files/pdfs/publications/philippines-baseline-
study.pdf
https://www.southeastasia-
iprhelpdesk.eu/sites/default/files/publications/Philippines%20Factsheet.pdf
https://ru.unesco.org/sites/default/files/ph_backgroundculthrtgelawinstit_engoro
f.pdf
https://asef.org/wp-content/uploads/2020/10/The-Philippines-Cultural-Policy-
Profile.pdf
https://thehaguepe.dfa.gov.ph/press-releases/1338-national-heritage-month-
celebration
The cover in this module is from freepik.com.
23
DISCLAIMER
I do not own or license any copyright rights in the texts, images,
photographs, graphics and other content provided in this self-learning
kit (SLK). I created this SLK solely for non-commercial, informational
and educational purposes. There is no intention on my part to claim
ownership as to the contents or make profit out of this SLK.
Prepared by: Joanne Y. Cutamora
SHS Faculty
Mandaue City School for the Arts
April 2021
24