Is TendCar.com plagiarizing?

[j_avonni]

TendCar.com is a collector of car dialogue, which they copied without permission from different car forums or crediting the sources.

I found one that it copied from Tsikot.com:

Tsikot.com : Do you still keep your Conduction Sticker?

TendCar.com : Do you still keep your Conduction Sticker?


If it isn't plagiarism, what it is?



:eat: [SIZE="1"]3945[/SIZE]

[yebo]

onga no, kinopya ang posts tapos di lang nila nilagay ang names ng posters!

[CVT]

Am not sure about the web 'ethics' here, but generally you should give credit to your source....

7202:bruce_lee:

[niky]

Hmmm... that site should be shut down...

[ab_initio]

http://www.chanrobles.com/legal7copyright.htm


172.2. Works are protected by the sole fact of their creation, irrespective of their mode or form of expression, as well as of their content, quality and purpose. [SIZE=-2](Sec. 2, P. D. No. 49a)[/SIZE]

i think the following provisions are significant:

• 171.1. "Author" is the natural person who has created the work;

• 171.2. A "collective work" is a work which has been created by two (2) or more natural persons at the initiative and under the direction of another with the understanding that it will be disclosed by the latter under his own name and that contributing natural persons will not be identified;

• 171.3. "Communication to the public" or "communicate to the public" means the making of a work available to the public by wire or wireless means in such a way that members of the public may access these works from a place and time individually chosen by them;

• 171.4. A "computer" is an electronic or similar device having information-processing capabilities, and a "computer program" is a set of instructions expressed in words, codes, schemes or in any other form, which is capable when incorporated in a medium that the computer can read, or causing the computer to perform or achieve a particular task or result;
  
  
  
  a cursory reading of the above provisions make tsikot the owner of the copyright.

[ab_initio]

CHAPTER V
COPYRIGHT OR ECONOMIC RIGHTS

Sec. 177. Copy or Economic Rights. - Subject to the provisions of Chapter VIII, copyright or economic rights shall consist of the exclusive right to carry out, authorize or prevent the following acts:

• 177.1. Reproduction of the work or substantial portion of the work;

177.5. Public display of the original or a copy of the work;

• [SIZE=4]177.7. Other communication to the public of the work [/SIZE][SIZE=4](Sec. 5, P. D. No. 49a)[/SIZE]

CHAPTER VI
OWNERSHIP OF COPYRIGHT

Sec. 178. Rules on Copyright Ownership. - Copyright ownership shall be governed by the following rules:

• 178.6. In respect of letters, the copyright shall belong to the writer subject to the provisions of Article 723 of the Civil Code.[SIZE=-2] (Sec. 6, P. D. No. 49a)[/SIZE]

[SIZE=2]Sec. 179. Anonymous and Pseudonymous Works. - For purposes of this Act, the publishers shall be deemed to represent the authors of articles and other writings published without the names of the authors or under pseudonyms, unless the contrary appears, or the pseudonyms or adopted name leaves no doubts as to the author’s identity, or if the author of the anonymous works discloses his identity. [/SIZE][SIZE=2](Sec. 7, P. D. 49)


[/SIZE]CHAPTER VIII
LIMITATIONS ON COPYRIGHT
Sec. 184. Limitations on Copyright. -

• 184.1. Notwithstanding the provisions of Chapter V, the following acts shall not constitute infringement of copyright:

• • (a) the recitation or performance of a work, once it has been lawfully made accessible to the public, if done privately and free of charge or if made strictly for a charitable or religious institution or society; [SIZE=-2](Sec. 10(1), P. D. No. 49)[/SIZE]
  
  

• • (b) The making of quotations from a published work if they are compatible with fair use and only to the extent justified for the purpose, including quotations from newspaper articles and periodicals in the form of press summaries: Provided, That the source and the name of the author, if appearing on the work, are mentioned; [SIZE=-2](Sec. 11, Third Par., P. D. No. 49)[/SIZE]
  
  

• • (c) The reproduction or communication to the public by mass media of articles on current political, social, economic, scientific or religious topic, lectures, addresses and other works of the same nature, which are delivered in public if such use is for information purposes and has not been expressly reserved: Provided, That the source is clearly indicated; [SIZE=-2](Sec. 11, P. D. No. 49)[/SIZE]
  
  

• • (d) The reproduction and communication to the public of literary, scientific or artistic works as part of reports of current events by means of photography, cinematography or broadcasting to the extent necessary for the purpose; [SIZE=-2](Sec. 12, P. D. No. 49)[/SIZE]
  
  

• • (e) The inclusion of a work in a publication, broadcast, or other communication to the public, sound recording or film, if such inclusion is made by way of illustration for teaching purposes and is compatible with fair use: Provided, That the source and of the name of the author, if appearing in the work, are mentioned;
  
  

• • (f) The recording made in schools, universities, or educational institutions of a work included in a broadcast for the use of such schools, universities or educational institutions: Provided, That such recording must be deleted within a reasonable period after they were first broadcast: Provided, further, That such recording may not be made from audiovisual works which are part of the general cinema repertoire of feature films except for brief excerpts of the work;
  
  

• • (g) The making of ephemeral recordings by a broadcasting organization by means of its own facilities and for use in its own broadcast;
  
  

• • (h) The use made of a work by or under the direction or control of the Government, by the National Library or by educational, scientific or professional institutions where such use is in the public interest and is compatible with fair use;
  
  

• • (i) The public performance or the communication to the public of a work, in a place where no admission fee is charged in respect of such public performance or communication, by a club or institution for charitable or educational purpose only, whose aim is not profit making, subject to such other limitations as may be provided in the Regulations; [SIZE=-2](n)[/SIZE]
  
  

• • (j) Public display of the original or a copy of the work not made by means of a film, slide, television image or otherwise on screen or by means of any other device or process: Provided, That either the work has been published, or, that original or the copy displayed has been sold, given away or otherwise transferred to another person by the author or his successor in title; and
  
  

• • (k) Any use made of a work for the purpose of any judicial proceedings or for the giving of professional advice by a legal practitioner.
  
  

• 184.2. The provisions of this section shall be interpreted in such a way as to allow the work to be used in a manner which does not conflict with the normal exploitation of the work and does not unreasonably prejudice the right holder's legitimate interest.

Sec. 185. Fair Use of a Copyrighted Work. -

• 185.1. The fair use of a copyrighted work for criticism, comment, news reporting, teaching including multiple copies for classroom use, scholarship, research, and similar purposes is not an infringement of copyright. Decompilation, which is understood here to be the reproduction of the code and translation of the forms of the computer program to achieve the inter-operability of an independently created computer program with other programs may also constitute fair use. In determining whether the use made of a work in any particular case is fair use, the factors to be considered shall include:

• • (a) The purpose and character of the use, including whether such use is of a commercial nature or is for non-profit education purposes;
  
  

• • (b) The nature of the copyrighted work;
  
  

• • (c) The amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
  
  

• • (d) The effect of the use upon the potential market for or value of the copyrighted work.
  
  

• 185.2 The fact that a work is unpublished shall not by itself bar a finding of fair use if such finding is made upon consideration of all the above factors.
  
  (copyright is economic right of an author. to fall under the purview of the exceptions, it's use must be fair and the one holding the economic right shall be recognized and compensated.IMO)