Taking UP Oblation's picture a restricted/prohibited act?

I almost got into a heated argument  with the security-in-charge at the UP Admin bldg when they tried to stop us from taking this photo as he said that it is prohibited to take such photo. I answered back with an irritated voice "Graduate ako ng UP twice: School of Econ and College of Law. This is my university. You cannot stop me."

The security personnel sort of panicked when i begun raising my voice  and said that i am a lawyer  especialy when i asked the reason. His answer  "basta bawal" or it is just prohibited.  

After posting said picture in my facebook account. a discussion ensued and someone said there was indeed an order restricting/ prohibiting picture taking of oblation,  I  guess they will use the  "trademark" argument as their rationale for the prohibition  but that runs counter to the "academic freedom" that we are so proud of as UP graduates. In the first place,  i will use the photo for my personal use'

my  oble photo taken in early 90s during my collegian days

I found out in the internet that  On 4 August 2006. UP President  EMERLINDA R. ROMAN issued Administrative Order No. PERR-06-55:  "Trademark over the Name University of the Philippines, the Official UP Logo and the Oblation" which states:

      "The UP name and seal is now a registered trademark exclusively belonging to the University of the Philippines.The name “University of the Philippines”, the official logo of theUniversity of the Philippines, the Oblation or any derivative of these marks are registered trademarks of the University of the Philippines.
        To protect its goodwill, the UP shall actively prosecute any person or entity engaged in any commercial transaction involving any product containing these marks not covered by any licensing agreement dulyapproved by the University of the Philippines.
       No UP unit, academic or non-academic personnel shall be allowed to use or purchase any product bearing our registered trademarks from unauthorized sources. This includes “blue books”, examinationbooklets, t-shirts, wearing apparel, bags, hats, pens, pencils, stickers, et al.
       Duly recognized student, academic and administrative organizations may continue to use UP name and logo in accordance with existing guidelines. However, the commercialization of any product bearing these registered marks must be covered by the proper license agreements. Other organizations wishing to use the name and logo of the University of the Philippines shall apply for accreditation with the Vice President for Development.
       The Vice President for Legal Affairs by himself or, at his discretion, through any of the legal offices in any constituent university, is authorized to commence and prosecute the proper administrative, civil and criminal actions necessary to protect the goodwill of the University of the Philippines. Application for licenses shall be addressed to the Vice President for Development. The Office of the President shall approve all licensing agreements."

   

          When i researched further on this aspect, i looked into the website of the Intellectual Property Office (IPO)  and found out that two registration certificates for  the "oblation" trademark were issued to UP. The first was issued on April 28, 2006 covering serviced under class 41 (EDUCATIONAL SERVICES) but was later cancelled by the IPO. Then UP refiled .it in July 1, 2009 now covering more classes, to wit, 41 ( EDUCATIONAL SERVICES) and 16 (BOOKS, BLUEBOOKS, PAMPHLET, JOURNALS, STICKERS).The registration certificate was issued on July 16, 2010.

      In the first cancelled  registration, the oblation was described as " A NUDE YOUNG MAN, HEAD GAZING UPWARD AND ARMS OUTSTRETCHED IN QUIET OFFERING." On the other hand, the new issued registration, oblation was more specifically described as " A COMPLETELY NUDE FIGURE OF A YOUNG MAN WITH OUTSTRETCHED ARMS AND OPEN HANDS, WITH TILTED HEAD, CLOSED EYES AND PARTED LIPS MURMURING A PRAYER, WITH BREAST FORWARD IN THE ACT OF OFFERING HIMSELF."


            Section 22 of the Trademark Law holds a person liable for infringement when, among others, he "uses without the consent of the registrant, any reproduction, counterfeit; copy or colorable imitation of any registered mark or tradename in connection with the sale, offering for sale, or advertising of any goods, business or services or in connection with which such use is likely to cause confusion or mistake or to deceive purchasers or others as to the source or origin of such goods or services, or identity of such business; or reproduce, counterfeit, copy or colorably imitate any such mark or tradename and apply such reproduction, counterfeit, copy or colorable imitation to labels, signs, prints, packages, wrappers, receptacles or advertisements intended to be used upon or in connection with such goods, business or services."

  
     Thus, i think the security personnel should be "debriefed" that picture taking of oble per se is not prohibited but the " commercial transaction involving any product containing the marks not covered by any licensing agreement duly
approved by the University of the Philippines."

After doing some more  research in the web, i also chanced upon this posting on legal issues of photography http://www.photosecrets.com/can-i-take-this-photo.html

"The are no general laws against taking photos. Photography is considered an artistic expression which, if anything, is protected not prohibited.

The laws that do affect photographers are mostly about the subject of the photo. The laws are there to defend the subject’s property and prevent you from “stealing” what is valuable to someone else.

The property in question can be: a person’s image and reputation (privacy); artwork (copyright); business reputation (trademark); land (trespassing). We know that you don’t intend to steal someone’s property, we just want to make sure that you do so inadvertently.

Private Property

You can photograph whatever you can freely see. If the public is allowed to enter, then you can take photographs. This includes shopping malls, the lobbies of office buildings, parks, and shops. If a place is open to the public then permission to enter (and thus photograph) is assumed. However, that permission can be revoked. If you are asked to leave and do not, you are then trespassing, which is a separate issue.

What if someone says not to shoot?

They don’t have a legal right to stop you from taking photographs, and they can’t threaten you or demand your camera. Only law enforcement officers (and officers of the court) can do that, and only with a court order or while making an arrest. Anyone else can be charged with a variety of things such as coercion, harassment, conversion, false imprisonment, kidnapping, assault, violation of constitutional rights, or theft. The only thing a private security person can do is ask you to leave the premises.

“In general, it is unlawful for anyone to instill a fear that they may injure you, damage or take your property, or falsely accuse you of a crime just becuase you are taking photographs.”
—The Photographer’s Right, by Bert P. Krages II

What if a mall security guard says to stop taking photos?

This comes down to photographing and trespassing being two different things. If a private security guard asks you to stop taking photos, you do not have to comply; you can still take photos. But if they ask you leave, then you have to leave, as your permission to enter has been revoked and you are now trespassing. However, you can take photos while walking out, and you can still publish those pictures. 

Perhaps a reaction on this issue, i recently saw a posting  dated  April 5, 2011 at the  UP website which says:

"Non-commercial picture-taking at UP Diliman allowed

Tuesday, April 5, 2011

You are free to have your picture or video taken at any landmark of UP Diliman (including the Oblation statue in front of Quezon Hall). The only time you will need a written permit from the Office of the Vice-Chancellor for Community Affairs (OVCCA) is if your photograph or footage is for "commercial use." In this case, you have to write a letter to OVCCA at least two days before your photo or video"

fra lippo lippin who?

 FRA LIPPO LIPPI WHO?

That was the question i overheard from  some of the locals of Ormoc, Leyte when i chanced upon Fra Lippo Lippi  during the February 10, 2011 concert in this town whose congresswoman is a showbiz personality.

I cannot blame them since based on the crowd i saw, most of them are in their teenage years, as  i bet  Backstreet Boys is  the "Fra lippo lippi" of their generation.

The Pinoy love affair with Fra Lippo Lippi started in the mid-’80s. The band was organized in the late ’70s but it wasn’t until Per Sorensen joined as lead singer in 1982 that they had a taste of chart success. From a band, Fra Lippo Lippi became a duo composed of founder and bass player Rune Kristoffersen and Sorensen. Worldwide success came in 1986 with the release of the single Everytime I See You.
In 1987, Walter Becker of the Becker Brothers (Sneaking Up Behind You) produced their next album Light And Shade for Virgin Records. From that point on, there was no turning back. When they visited Manila in 1988 for the first time, they sold out six shows at the 8,000 capacity Folk Arts Theater at the CCP complex in Pasay in two weeks.In 2000, Kristoffersen retired from Fra Lippo Lippi after a performance in Cebu. Sorensen continued and carried the legacy of Fra Lippo Lippi.

No other band or performer has done this feat in Philippine music history.

For 400 pesos, i joined the Ormoc crowd in reliving my bagets "new wave" era as Sorensen sung the hits like Angel, Stitches & Burns, Light & Shade, Beauty & Madness, Everytime I See You, Shouldn’t Have To Be Like That, The Distance Between Us and Later.

Coincidentally, i stayed in the same hotel where he stayed so i got too close and personal to him , the picture with sorensen as evidence .

When many bands began disassociating themselves from punk, New Wave era in the 80s and 90s  is characterized by music that tended toward experimentation, lyrical complexity, or more polished production.  It represented a break from the smooth-oriented blues and rock & roll sounds of late 1960s to mid 1970s rock music. "New Wave" came to imply a less noisy, often synthesizer-based, pop sound. They incorporated aspects of electronic and experimental music, mod subculture, and disco, rock and 1960s pop music.

In my IPOD, their music are usually sourced from the New Wave Diary mp3 series which includes The Human League, Depeche Mode,  a-ha, New Order, Orchestral Manoeuvres In The Dark, Ultravox , Pet Shop Boys, The Psychedelic Furs, Simple Minds,

Who will see the beauty in your life
And who will be there to hear you when you call
Who will see the madness in your life
And who will be there to catch you if you fall

Everytime I see you
My life turns upside down
I tried so hard to find out
How to make you come back
But even if I told you
I can't hold you again
Everytime I see you I know




Baby, you don’t understand our love lies lost
But you’re still holding my hand
Oh and then you walk away
Just tonight, I want you to stay
You’re turning me on, you turn me around
You turn my whole world upside down

xxxxxxxx

More lyrics: http://www.lyricsmode.com/lyrics/f/fra_lippo_lippi/#share

Death superstitions and beliefs

 TODAY is a great day to die! (Quote from the film "Flatliners")

I was contemplating on what blog to write today when i chanced upon the Facebook picture postings of a friend on tombstones in Thailand . Then i posted the following:

"Try to visit "deathclock.com." The screen is done in dark colors and interspersed with silhouette of a church and tombstones. In the center it provides an input box where, if you want, you can type in your birth date and your gender (a bare minimum of information for such a vital calculation). You then click the OK button to see "your personal date of death" ticking away in seconds. The website sells these clocks, its logo says "… friendly reminder that life is slipping away... second by second."

If I will submit the love story of my parents to “Maalaala Mo Kaya,” I will use the title “Kamatis.” The wedding line, “Till death do us part” will be replaced by “But death will not set us apart.” My mother, fondly called Mama Linda, died last year on May 17,  2002 due to pericarditis and lymphoma or cancer of the lymph nodes after almost a month of confinement at the Philippine Heart Center. A year and six months later, my father, Papa Ponching to many, died last year, November 16, 2003 a Sunday, due to pneumonia after being bedridden for almost eight months brought about by complications arising from an operation on his brain (hydrocephalus).

When i saw the movie Crying Ladies,  a heartwarming comedy film starring Sharon Cuneta and Angel Aquino,i guess every Filipino could relate the some of the scenes especially during the wake when Eric Quizon, the grieving son, has to relay the story behind the death of his father over and over again to the visitors, from one seat to another as if he is a replay of the previous scene the only difference is the person he was talking to. In DEd na Si Lolo, more than the superstitions, it was absurdly amusing how the family rationalized the traditions and worked their way around them.Yes, there’s fun in funerals. Even in grief, Filipinos never lose our sense of humor. Laughter helps us deal with our loss.In one way, it is good since it can be a form of releasing one's sadness. After having two funerals in two consecutive years, i realized that the said movies presented the "funny" side of death in the family.

I told some during the wake  that on  the day Papa died was watching TV during lunchtime , I said to myself “Papa kung di mo na kaya sige na sama ka na kay Mama.” During the times that I narrated to papa that I should have done more to keep Mama alive, Papa always told me that Mama did not want her heart to be opened. She was scheduled that day to undergo a major operation wherein the cover of her heart would be removed to prolong her life. Papa reassured me that I made the right choice not to continue with the revival of mama when she was in her death bed. I was asked by the doctors then if we still wanted to continue with the process of reviving her because she might be brain dead. Sabi nya “ Gusto mo bang makita nagdudusa mama mo?” then I said no. This came to my mind. If papa could only speak, babatukan nya ako at sasabihin masakit na sasama na ako kay mama.” The he died three hours later as if he just wanted me to give him the go-signal after being bed ridden for eight months .

SUPERSTITIONS AND BELIEFS RELATED TO DEATH 

 The Filipino daily way of life is encompassed by countless sayings, proverbs, and beliefs. People tend to work around the superstitions even if they were told they may be committing a sin. Many Filipinos believe in superstitions to avoid any negative consequences. They may be true; they may be not. 

-  If a black butterfly lingers around a person, it means that one of his relatives has just died.

- A beautiful flower or candle scent smelled in a home after a death of a beloved, means there's a spirit of the dead visiting who wants the relatives to know he/she's around. Pray for his/her soul

- If one dreams that one of his teeth is being uprooted or pulled out, a member of his family will die.

-  During a wedding the one whose candle goes out first will be the first of the couple to die.

- When a group of three have their picture taken, the one in the middle will die first.

- If a cock crows in the afternoon, it means somebody will die.

- Pregnant women should not have their picture taken; otherwise, their babies will die.

- When a pregnant woman wears a black dress, her baby will die.

-  If a person's shadow appears to be without a head, that person will soon die.

- Cleaning the backyard when the sun has already set and it is already dark causes death.

- If two people from the same family get married within a year, one will die.

- A coffin should be built to fit the corpse; otherwise, a family member of the deceased will soon die.

- Tears must not fall on the dead or on the coffin; this will make the dead person’s journey to the next world a difficult one.
- During a wake, never see your visitors off at the door of the chapel or funeral parlor.
- Do not sweep the house until after the burial.
- After the funeral service, do not go home directly so that the spirit of the dead person will not follow you to your house.
- When a dog is howling, making a spooky cry, it means that death is coming to someone.
- When sending a rosary with the corpse; cut it into pieces. This is believed to hinder anymore tragedy in the family

- If the dead person is a mother/father to an infant or a little child, pick up the child and pass him or her over the coffin, so the spirit won't appear to the child.
- When you are dreaming and a dead person asks you to come along with him/her, DON'T go.
  If a  person  meets a black cat, he will die.