000			03163nam a22002897a 4500
003			OSt
005			20190711154138.0
008			180424b xxu||||| |||| 00| 0 eng d
020			_a[Hardbound]
040			_aUniversity of Cebu-Banilad _cUniversity of Cebu-Banilad
100			_aRuaya, Nichol Jon Burt A.
245			_aThe ownership, copyright and liability implications of visual artistic works on social media / _cNichol Jon Burt A. Ruaya.
260			_aCebu City : _c2017. _bUniversity of Cebu,
300			_a169 pages :
336			_2rdacontent _atext
337			_2rdamedia _aunmediated
338			_2rdacarrier _avolume
501			_aThesis (Degree of Juris Doctor) -- University of Cebu-Banilad, 2017.
520			_aSummary: The social media phenomenon has made an unprecedented impact on many aspects of human living and interaction. In the creative realm, artists utilize social media platforms as online galleries and exhibition shops. However, social media has also given rise to the practice of reposting and sharing images and graphics without the knowledge or consent of the artist-copyright holder. This has led to many disputes and questions regarding the legal consequences of an artistic work transitioning onto social media. Hence,this study looks into the retention of ownership and copyright, the applicability for fair use, and the liability for infringement, if any, on popular social media platforms. The study utilized a qualitative approach and analyzed relevant intellectual property laws and jurisprudence. The unique circumstances of online visual artists and the distinguishing characteristics of social media platforms, including their terms and conditions of use, were also considered. The findings show that ownership and copyright over the artistic work are retained by the artist even when the work has been uploaded onto a social media platform. Thus, unauthorized use and reposting by other users may be addressed through legal remedies afforded to the artist-copyright holder. However, the defense of fair use is still available to these users, subject to distinctions that must be made between public profiles and pages and private profiles. The former are presumably commercial in nature and encroach on the copyright holder's economic rights, rendering them less likely to successfully invoke fair use. On the other hand, private users are given more protection pursuant to the constitutional guarantee of freedom of expression, as well as the ultimate state objective of promoting public access to the arts. In the event that infringement by a user is established, those who shared or responded to the infringing post incur no liability. The social media service provider also cannot be held liable on the ground that the infringement took place on its platform when there is no showing that it actively participate in or benefited from the infringing conduct.
541			_xBaldomero Estenzo _yLaw _zLaw
541			_xBaldomero Estenzo _yLaw _zLaw
546			_aEnglish
942			_2ddc _cTHE
998			_cangel[new] _d04/24/2018
998			_cangel[new] _d04/24/2018
999			_c8232 _d8232