Lacking Copyright: A Policy Brief on the Prohibition on the Public Education Sector of the Philippines to Own Copyright and Its Consequences

• Main Authors: Chan, Clifford C., Tadeo, Yasmine Lee R., Rima, Sheena T., Movido, Romeo Joshua
• Format: text
• Published: Animo Repository 2022
• Subjects: Copyright, Works of Government, Edicts of Government, Sweat of the Brow Doctrine, Modules, Basic Education; Intellectual Property Law; Technology and Innovation
• Online Access: https://animorepository.dlsu.edu.ph/apjipmi/vol1/iss1/18; https://animorepository.dlsu.edu.ph/context/apjipmi/article/1018/viewcontent/policy_brief.pdf
• Institution: De La Salle University

The COVID-19 pandemic has brought about numerous consequences upon the global community, whether socially or economically. The education sector has not been isolated from the effects of the pandemic, having to largely suspend face-to-face classes, its traditional approach to learning, in favor of alternative modalities in teaching. To ensure learning continuity despite the difficulties caused by the pandemic, the Department of Education - Philippines promulgated a series of DepEd Orders directing public and private schools to adopt alternative methods of learning such as online distance learning and the preparation of Self Learning Modules. The resort to the different learning modalities brings about untold possible issues and consequences faced by the basic education sector primarily the inability of the government to assert copyright over its work. The lack of copyright over its own works means that the government will be at a disadvantage when it comes to ensuring that government works, specifically self-learning modules and other educational materials, will not be the subject of alteration, modification, and/or appropriation by third parties and individuals that may possibly deviate from the standard set by the government. This paper seeks to suggest a change in policy on the current intellectual property laws in the Philippines in light of the identified issue. It proposes a change in what is covered by works of government and the application of the Sweat of the Brow Doctrine to protect works that are not laws or edicts of Government.