Friday, September 7, 2012

reaction paper on the legality of fan art in the philippines

Reaction paper on the
The Legality of Fan Art in the Philippines”

Intellectual Property Law was enacted with the sole intention of protecting the intellectual talents of Filipinos such as inventions, innovations, development in a product, process or any enhancement on a product of process.
Intellectual Property Law expressly provided to the creator or author of a product or process or enhancement of a product or process sole use or exploitation and exclusive distribution of such, subject to certain limitations as the law provides such as fair use, unless the creator or author assign his right to somebody else for profit or not.
Literary and artistic creations of authors of books, artworks and the like were also within the sphere of protection of the Intellectual Property Law as to encourage artists and those interested and with inclination to art to express themselves in this forum and improve their God given talents.
Such protection of the law allow the creator or author to have exclusive use of their artwork. The emergence of fan art in the Philippines which is based on the premise that amateur artists, who are not earning profits from their fan creations, create fan labor artworks without intention of committing copyright infringement, such as character, costume, collage, item or story.
These fan art indeed is an infringement of the intellectual right of the creator or author, an express defiance of what the law has provided.
We have to ask, why are we promoting this medium of art development in our country?
The simple answer is to have a harmonious relationship for the fan and the creator in terms of art. Such fan arts, is a medium how a fan express his patronage to the creator's original work. This should not be seen or viewed as a threat to possible profit but should be regarded as avenue for the promotion of his artwork.
A fan who made an art of the original artwork not for profit simply mean the original work, works with him. He was moved by the work for him to express in his own way his awesome likeness to the original work. Of course, such act of a fan has to be controlled by certain limitations as the provide such as not to compete or diminish the possible profit of the creator, author or his assignees. Instead of limiting this fan art in our country why don’t we support these individuals provided certain guidelines has to be imposed.



Prepared by:

Jayson A. Ramos, CPA


Submitted to:

Atty: Berne Guerrero

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