Simplified Question: Can someone claim legal ownership over share quotes they have posted online?
In the Philippines, issues surrounding the ownership of share quotes posted online typically touch on intellectual property rights and, more specifically, copyright law. Understanding the nuances of these legal principles is crucial for individuals and businesses engaged in online activities involving financial data.
Intellectual Property and Copyright Law
The Intellectual Property Code of the Philippines (Republic Act No. 8293) governs intellectual property rights, including copyrights, patents, trademarks, and trade secrets. Under this law, copyright protection is afforded to original works of authorship fixed in a tangible medium of expression, whether published or unpublished. This includes literary, scientific, and artistic works.
Nature of Share Quotes
Share quotes are essentially numerical and factual data representing the prices of shares in the stock market at a given time. These quotes are generally considered public domain information as they are factual data produced through the operation of market mechanisms and reporting requirements by stock exchanges. Therefore, share quotes, as pure data, are not eligible for copyright protection because copyright law does not extend to facts or data per se.
Creative Elements in Share Quotes
However, if an individual or entity compiles, presents, or analyzes share quotes in a manner that reflects originality, creativity, and intellectual effort, the resulting work may be protected by copyright. For instance, a detailed financial report, analysis, or a unique graphical representation of share quotes could potentially qualify for copyright protection if it meets the originality requirement.
Legal Considerations for Online Posts
When share quotes are posted online, several legal considerations come into play:
Authorship and Originality: The person claiming ownership must demonstrate that the presentation or analysis of the share quotes involves original authorship. This could include unique commentary, analytical insights, or creative graphical presentations.
Fair Use Doctrine: The fair use doctrine under Philippine law allows the use of copyrighted material without permission for purposes such as criticism, comment, news reporting, teaching, and research, provided it does not conflict with the original work's exploitation. Thus, reposting share quotes for educational or news purposes might be permissible under fair use.
Terms of Service: Many online platforms have terms of service that govern the content posted by users. These terms often include provisions about the ownership and licensing of posted content. Users must comply with these terms to avoid legal disputes.
Moral Rights: Authors of original works have moral rights, which include the right to be credited for their work and to object to any derogatory treatment of it. If share quotes are part of a larger work that involves creative effort, the author might invoke moral rights to ensure proper attribution and integrity of their work.
Resolving Disputes
Disputes over the ownership and use of share quotes posted online can be resolved through several avenues:
- Negotiation and Settlement: Parties can often resolve disputes amicably through negotiation, leading to agreements that recognize the contributions and rights of each party.
- Legal Action: If negotiations fail, the aggrieved party may file a case in court. The court will examine the originality and creativity involved in the work, the nature of the use, and the context in which the share quotes were posted to determine the validity of the ownership claim.
- Alternative Dispute Resolution: Mediation and arbitration are alternative methods for resolving intellectual property disputes without the need for lengthy litigation.
Conclusion
In the Philippines, while raw share quotes as factual data are not protected by copyright, the original and creative presentation or analysis of these quotes can be. Individuals posting share quotes online should be mindful of intellectual property laws, fair use provisions, and platform-specific terms of service to avoid legal complications. Disputes should ideally be resolved through negotiation or alternative dispute resolution mechanisms to ensure a fair and equitable outcome for all parties involved.