Manila Bulletin strikes back against Anton Sheker, claims fair use
Update: Anton Sheker confirms the story and shares his feelings on the matter.
What’s the latest development in this photographer-blogger lawsuit against Manila Bulletin for copyright infringement and damages? The newspaper has filed a counter lawsuit for exemplary and moral damages at 2 million pesos.
According to Abe Olandres, Manila Bulletin “claims fair use in its publication of the photos”. I’m not quite sure if Manila Bulletin or the Philippine copyright law is at fault here. I hope that our lawyer bloggers a.k.a. blawgers lend their expertise on the matter.
Mixed emotions but the the fight for copyright and how this will affect any dealings with future copyright issues online pushes me forward…I can now scratch out this part of my bucket list!
I’m sure many Filipinos will be disappointed when it just so happens that the plagiarizing party comes out of this unscathed. Fair use or no fair use, does resorting to counter lawsuits and technicalities reflect the ethics of true journalism?
Photographer-blogger sues Manila Bulletin for copyright infringement
Filipino photographer and blogger Anton Sheker has filed a lawsuit against Manila Bulletin for copyright infringement and damages.
In October 2007, Sheker presented proof that this major daily publication used his photos of Vigan. They appeared in a Travel & Tourism article in March 2007. He got featured in the Picture Perfect column as artist of the week, but without his photos.
Even ABS-CBN, who has allegedly done the same thing to several bloggers, reported about this. According to the article:
The law does have its say on the matter. The country has a Copyright Law under the Intellectual Property Code of the Philippines that protects literary and artistic works, including photos. In one of its sections, it is noted that “Works are protected by the sole fact of their creation,” an automatic copyright protection, as some may view it. Penalties for violators may be subject to fines ranging from P5,000 to P 150,000, and P1,000.00 for every day of continued violation, among others. (A copy of the Intellectual Property Code can be read here: http://www.lawphil.net/statutes/repacts/ra1997/ra_8293_1997.html)
Does Anton stand a chance in court? Will the small-time Pinoy blogger leave a scar against a mammoth media outfit?
The same newspaper that threatened to slap me with a criminal case if continued my claim.
If Manila Bulletin has nothing to hide, why are they being defensive?
