THE STORY :
ISANG AMANG OFW, MASAYANG NAKAPILING ANG KANYANG WALONG BUWANG ANAK MATAPOS HINDI MAKAUWI MULA SAUDI NG ANIM NA TAON
WAS DELETED DUE TO A COMPLAINT IN NOT ASKING PERMISSION TO USE THE PHOTO AND USING IT IN 'FAKE NEWS'
Minutes ago, the Philippine Read Facebook Page has received a complaint about how the page used the photo of a family in the airport without permission. We looked at the complaint and found it 'socially valid'.
Here are the first pointers why their complaint is NOT LEGALLY VALID
1. The photo is used for satirical and parodist expression. Which means even if it has the protection of the Republic Act No. 8293 (Intellectual Property Code of the Philippines) it is also protected under the same law, Republic Act No. 8293, due to it's satirical and parody in nature.
2. The photo is manipulated so much beyond recognition. Identities are not mentioned nor the faces of the humans are present in the photos. Which means we didn't infringe the Republic Act No. 10173 (Data Privacy Act of 2012) due to the fact that the editor manipulated the photo in the way of destroying the original details of the picture, rendering only the main concept of a family photo.
3. The photo was manipulated using the pixel art technology and editing techniques which also falls under the Artistic expression of the artist who manipulated the photo. Which means the photo (now considered digital art) is a derivative or DERIVED FROM THE ORIGINAL PHOTO. Which means, the photo that WE USED in the article DUE TO THE REASONS ABOVE is now the property of the Philippine Read Admin and also protected by 'Intellectual Property Code of the Philippines'.
4. The Republic Act No. 8293 (Intellectual Property Code of the Philippines) also ALLOWS the photo be used under the SECTION 185. (Fair Use of a Copyrighted Work) because of the reasons #2 and #3. The photo can be used without permission from the authors or creators under Fair Use of the Copyrighted Work.
In conclusion, any legal action towards the post and the author of the responsible said post can be rendered INVALID as used in the proponents and reasoning above.
However, the Philippine Read Admin truly respect the people and the family behind the manipulated pixelated photo. The Philippine Read publication owe a public apology and decided to delete the photo. We can't afford doing unnecessary inconvenience despite of following the law in which we all are protected.
Good luck in all of us <3
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