M.R. Dy | Queensland University of Technology (original) (raw)
Papers by M.R. Dy
SSRN Electronic Journal, 2020
The experience economy has taken popular culture and has injected it into every aspect of our liv... more The experience economy has taken popular culture and has injected it into every aspect of our lives. We translate movies, TV shows, video games, and other forms of entertainment into our daily activities in the form of fan fiction, events, merchandise, and themed establishments. These activities involve vast amounts of creative content protected by copyright, trademarks, and designs. Rightsholders need to manage these intellectual properties strategically to increase profits while tolerating consumer experiences that do not cause damage to the business. This preserves long-term fan loyalty and immersive patronage.
SSRN Electronic Journal, 2008
Copyright is the protection given by law to an author or creator as a reward for their works and ... more Copyright is the protection given by law to an author or creator as a reward for their works and an incentive for them to create more. Laudable as this may seem, there are certain instances when these bundle of rights come into conflict with the human right of free expression. These instances include social criticism, tribute or commentary and ordinary expression with the use of existing copyrighted material. In a free democracy such as ours, regulations on civil liberties are seriously discouraged and must be narrowly tailored to directly address a specific public need and no more. Throughout the law, there are numerous instances of speech regulation, most prominent among them are those involving defamatory, indecent or commercial expressions. Philippine law has no answers to the questions regarding the restrictions imposed by copyright law upon the freedom of expression. This is a potential hotbed of litigation and must be examined closely so that the legal and artistic community might be able to come up with guidelines on how to harmonize these two important rights. By examining foreign case law, the history of copyright law and the purpose for which it was established, the answers become clear and unmistakable. Copyright law was established to forward human creativity and never to hinder it. When the law functions in such a manner that contradicts the purpose for which it was designed, then there is a flaw in either its construction or merely a failure to consider its effects vis-à-vis the right to free expression. Therefore, there is a need to make some changes to the Intellectual Property Code and other allied laws to ensure that it does not give way to violations of the right to free expression. It must be narrowly tailored so that it may comply with existing statutory and case law on the restriction of other paramount rights. Similarly, there is a need to reassess the freedom of expression so that it may give way to the rights of authors and creators.
Copyright Reporter, 2020
The experience economy has taken popular culture and has injected it into every aspect of our liv... more The experience economy has taken popular culture and has injected it into every aspect of our lives. We translate movies, TV shows, video games, and other forms of entertainment into our daily activities in the form of fan fiction, events, merchandise, and themed establishments. These activities involve vast amounts of creative content protected by copyright, trademarks, and designs. Rightsholders need to manage these intellectual properties strategically to increase profits while tolerating consumer experiences that do not cause damage to the business. This preserves long-term fan loyalty and immersive patronage.
Ateneo Law School Thesis, 2008
Copyright is the protection given by law to an author or creator as a reward for their works and ... more Copyright is the protection given by law to an author or creator as a reward for their works and an incentive for them to create more. Laudable as this may seem, there are certain instances when these bundle of rights come into conflict with the human right of free expression. These instances include social criticism, tribute or commentary and ordinary expression with the use of existing copyrighted material.
In a free democracy such as ours, regulations on civil liberties are seriously discouraged and must be narrowly tailored to directly address a specific public need and no more. Throughout the law, there are numerous instances of speech regulation, most prominent among them are those involving defamatory, indecent or commercial expressions. Philippine law has no answers to the questions regarding the restrictions imposed by copyright law upon the freedom of expression. This is a potential hotbed of litigation and must be examined closely so that the legal and artistic community might be able to come up with guidelines on how to harmonize these two important rights.
By examining foreign case law, the history of copyright law and the purpose for which it was established, the answers become clear and unmistakable. Copyright law was established to forward human creativity and never to hinder it. When the law functions in such a manner that contradicts the purpose for which it was designed, then there is a flaw in either its construction or merely a failure to consider its effects vis-à-vis the right to free expression.
Therefore, there is a need to make some changes to the Intellectual Property Code and other allied laws to ensure that it does not give way to violations of the right to free expression. It must be narrowly tailored so that it may comply with existing statutory and case law on the restriction of other paramount rights. Similarly, there is a need to reassess the freedom of expression so that it may give way to the rights of authors and creators.
SSRN Electronic Journal, 2020
The experience economy has taken popular culture and has injected it into every aspect of our liv... more The experience economy has taken popular culture and has injected it into every aspect of our lives. We translate movies, TV shows, video games, and other forms of entertainment into our daily activities in the form of fan fiction, events, merchandise, and themed establishments. These activities involve vast amounts of creative content protected by copyright, trademarks, and designs. Rightsholders need to manage these intellectual properties strategically to increase profits while tolerating consumer experiences that do not cause damage to the business. This preserves long-term fan loyalty and immersive patronage.
SSRN Electronic Journal, 2008
Copyright is the protection given by law to an author or creator as a reward for their works and ... more Copyright is the protection given by law to an author or creator as a reward for their works and an incentive for them to create more. Laudable as this may seem, there are certain instances when these bundle of rights come into conflict with the human right of free expression. These instances include social criticism, tribute or commentary and ordinary expression with the use of existing copyrighted material. In a free democracy such as ours, regulations on civil liberties are seriously discouraged and must be narrowly tailored to directly address a specific public need and no more. Throughout the law, there are numerous instances of speech regulation, most prominent among them are those involving defamatory, indecent or commercial expressions. Philippine law has no answers to the questions regarding the restrictions imposed by copyright law upon the freedom of expression. This is a potential hotbed of litigation and must be examined closely so that the legal and artistic community might be able to come up with guidelines on how to harmonize these two important rights. By examining foreign case law, the history of copyright law and the purpose for which it was established, the answers become clear and unmistakable. Copyright law was established to forward human creativity and never to hinder it. When the law functions in such a manner that contradicts the purpose for which it was designed, then there is a flaw in either its construction or merely a failure to consider its effects vis-à-vis the right to free expression. Therefore, there is a need to make some changes to the Intellectual Property Code and other allied laws to ensure that it does not give way to violations of the right to free expression. It must be narrowly tailored so that it may comply with existing statutory and case law on the restriction of other paramount rights. Similarly, there is a need to reassess the freedom of expression so that it may give way to the rights of authors and creators.
Copyright Reporter, 2020
The experience economy has taken popular culture and has injected it into every aspect of our liv... more The experience economy has taken popular culture and has injected it into every aspect of our lives. We translate movies, TV shows, video games, and other forms of entertainment into our daily activities in the form of fan fiction, events, merchandise, and themed establishments. These activities involve vast amounts of creative content protected by copyright, trademarks, and designs. Rightsholders need to manage these intellectual properties strategically to increase profits while tolerating consumer experiences that do not cause damage to the business. This preserves long-term fan loyalty and immersive patronage.
Ateneo Law School Thesis, 2008
Copyright is the protection given by law to an author or creator as a reward for their works and ... more Copyright is the protection given by law to an author or creator as a reward for their works and an incentive for them to create more. Laudable as this may seem, there are certain instances when these bundle of rights come into conflict with the human right of free expression. These instances include social criticism, tribute or commentary and ordinary expression with the use of existing copyrighted material.
In a free democracy such as ours, regulations on civil liberties are seriously discouraged and must be narrowly tailored to directly address a specific public need and no more. Throughout the law, there are numerous instances of speech regulation, most prominent among them are those involving defamatory, indecent or commercial expressions. Philippine law has no answers to the questions regarding the restrictions imposed by copyright law upon the freedom of expression. This is a potential hotbed of litigation and must be examined closely so that the legal and artistic community might be able to come up with guidelines on how to harmonize these two important rights.
By examining foreign case law, the history of copyright law and the purpose for which it was established, the answers become clear and unmistakable. Copyright law was established to forward human creativity and never to hinder it. When the law functions in such a manner that contradicts the purpose for which it was designed, then there is a flaw in either its construction or merely a failure to consider its effects vis-à-vis the right to free expression.
Therefore, there is a need to make some changes to the Intellectual Property Code and other allied laws to ensure that it does not give way to violations of the right to free expression. It must be narrowly tailored so that it may comply with existing statutory and case law on the restriction of other paramount rights. Similarly, there is a need to reassess the freedom of expression so that it may give way to the rights of authors and creators.