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Plagiarism? Copyright?

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1Plagiarism? Copyright? Empty Plagiarism? Copyright? Wed May 19, 2010 5:55 pm

ditse_eleonor


Arresto Menor

My student has copied an article from another school's yearbook. I, being the yearbook's adviser was not aware that the article he has submitted was from somebody else's work. Our own yearbook was published and distributed back in 1990's. The original author had informed me that her work was plagiarized.
Do we have any law on plagiarism?
Will I face any sanction under Philippine law being the adviser of the yearbook? How about my student who copied the article? Is he liable to the law if ever the original author sue him.



Last edited by ditse_eleonor on Wed May 19, 2010 7:19 pm; edited 1 time in total

2Plagiarism? Copyright? Empty Re: Plagiarism? Copyright? Wed May 19, 2010 6:19 pm

attyLLL


moderator

how old is the student? if above 15, criminal charges can be filed against him.

it is the intellectual property code which applies to cases of plagiarism. a copyright in favor of the author exists from the moment of creation of literary works.

if you as adviser were not aware that the work was copied then you should not be liable. even better if you take some form of corrective action such as reporting the student to the school administration, recalling the year book if possible, and issuing an apology to the author. but be discrete and be prudent which act you will take particularly if the student is a minor. only the persons who need to know should find out.

the penal provision with regard to copyrights states:

Sec. 217. Criminal Penalties. -

217.1. Any person infringing any right secured by provisions of Part IV of this Act or aiding or abetting such infringement shall be guilty of a crime punishable by:

(a) Imprisonment of one (1) year to three (3) years plus a fine ranging from Fifty thousand pesos (P50,000) to One hundred fifty thousand pesos (P150,000) for the first offense.

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3Plagiarism? Copyright? Empty Re: Plagiarism? Copyright? Wed May 19, 2010 7:04 pm

ditse_eleonor


Arresto Menor

At the time the student copied the article, he was 12 years old, graduating student in 6th grade.The author, if ever will file a case, it would be 20 years after the publication. My student is now at the age of 30-32 years old, but the act was done when he was a minor. Will he be still liable nowadays?

4Plagiarism? Copyright? Empty Re: Plagiarism? Copyright? Wed May 19, 2010 8:35 pm

attyLLL


moderator

the usual rule is that you have 4 years to initiate a case for damages over from the time of commission or discovery of the fraud. any good lawyer could easily argue prescription of the action since it's been 20 years. the author has to argue that he only found out recently, but i'd counter that the possibility of discovery has been available since the publication of the yearbook.

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