1. What are the example of copy right protected works under the Philippine law?

Answer:

Works covered by the copyright law are (1) literary and artistic works and (2) derivative
works.

Original Works

Sec. 172. Literary and Artistic Works. – 172.1. Literary and artistic
works hereinafter referred to as “works”, are original intellectual
creations in the literary and artistic domain protected from the
moment of their creation and shall include in particular:

(a) Books, pamphlets, articles and other writings;

(b) Periodicals and newspapers;

(c) Lectures, sermons, addresses, dissertations prepared for oral

delivery, whether or not reduced in writing or other material form;

(d) Letters;

(e) Dramatic or dramatic-musical compositions; choreographic works

or entertainment in dumb shows;

(f) Musical compositions, with or without words;

(g) Works of drawing, painting, architecture, sculpture, engraving,

lithography or other works of art; models or designs for works of art;

(h) Original ornamental designs or models for articles of manufacture,

whether or not registrable as an industrial design, and other works of
applied art;

(i) Illustrations, maps, plans, sketches, charts and three-dimensional

works relative to geography, topography, architecture or science;

(j) Drawings or plastic works of a scientific or technical character;

(k) Photographic works including works produced by a process

analogous to photography; lantern slides;
(l) Audiovisual works and cinematographic works and works produced
by a process analogous to cinematography or any process for making
audio-visual recordings;

(m) Pictorial illustrations and advertisements;

(n) Computer programs; and

(o) Other literary, scholarly, scientific and artistic works.

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.

Derivative Works

Sec. 173. Derivative Works. – 173.1. The following derivative works

shall also be protected by copyright:

(a) Dramatizations, translations, adaptations, abridgments,

arrangements, and other alterations of literary or artistic works; and

(b) Collections of literary, scholarly or artistic works, and compilations

of data and other materials which are original by reason of the
selection or coordination or arrangement of their contents.

173.2. The works referred to in paragraphs (a) and (b) of Subsection

173.1 shall be protected as new works: Provided however, That such
new work shall not affect the force of any subsisting copyright upon
the original works employed or any part thereof, or be construed to
imply any right to such use of the original works, or to secure or
extend copyright in such original works.

2. What is the difference between the original works and derivative works?
Answer:

In so far as original works is concerned it is strictly concerned with the origin of

the work with the author, which means that it allows for the protection of written and
printed matter such as examination papers and football fixture lists as well as works of a
more considerable creativity. In Ladbroke (Football) Ltd vs. William Hill (Football) Ltd.,
Lord Pierce reinforced this rhetoric by stating that ‘originality’ requires that:

“…the work should not be copied but should originate from the author… ”
The definition of originality is equally applicable to dramatic, musical, artistic and
software works as all require to be ‘original’ in order to have copyright subsist in them.

“So Original Works (OWs) then are substantive plans, designs, arts, writings etc that
you created and that are unique and original (they wouldn’t exist if you didn’t exist).”

While in so far as derivative works is concerned it is a work based upon one or

more pre-existing works, such as a translation, musical arrangement, dramatization,
fictionalization, motion picture version, sound recording, art reproduction, abridgment,
condensation or any other form in which a work may be recast, transformed or adapted.
A work consisting of editorial revisions, annotations, elaborations or other modifications
which, as a whole, represent an original work of authorship, is a derivative work."

3. What is the example of works not protected by copy right?

Answer:

Works not protected by the copyright law are (1) unprotected subject matter and (2)
works of the government.

Unprotected Subject Matter

The list of unprotected subject matter include the following:

 Any idea, procedure, system, method or operation, concept, principle, discovery

or mere data as such, even if they are expressed, explained, illustrated or embodied
in a work
 News of the day and other miscellaneous facts having the character of mere
items of press information
 Any official text of a legislative, administrative or legal nature, as well as any
official translation thereof

Works of the Government

On the other hand, no copyright shall be applied in any work of the Government of
the Philippines. To exploit such works for profit, prior approval from the government
agency or office should be made. Such agency or office may impose payment of
royalties. It is not required to seek prior approval or conditions for the use for any
purpose of statutes, rules and regulations, and speeches, lectures, sermons,
addresses, and dissertations, pronounced, read or rendered in courts of justice, before
administrative agencies, in deliberative assemblies and in meetings of public character.

4. Why is it important to protect intellectual property?

Answer:
 The importance of protecting intellectual property
Intellectual property (IP) rights are valuable assets for your business - possibly among
the most important it possesses.

IP rights can:

 set your business apart from competitors

 be sold or licensed, providing an important revenue stream
 offer customers something new and different
 form an essential part of your marketing or branding
 be used as security for loans

You may be surprised at how many aspects of your business can be protected -
its name and logo, designs, inventions, works of creative or intellectual effort or trade
marks that distinguish your business can all be types of IP. Explore the different types of
IP in detail in our guides:

 trade marks
 get patent protection for your business
 copyright for your business
 protecting and handling your design

Some IP rights are automatically safeguarded by IP law, but there are also other
types of legal protection you can apply for.

To exploit your IP fully, it makes strong business sense to do all you can to secure it.
You can then:

 protect it against infringement by others and ultimately defend in the courts your
sole right to use, make, sell or import it
 stop others using, making, selling or importing it without your permission
 earn royalties by licensing it
 exploit it through strategic alliances
 make money by selling it

References:

1. Oxford Junior Encyclopedia, Vol. 4, 2nd Edition 1964, Oxford

University Press, London

2. The Intellectual Property Code Of The Philippines Presented By Jose

N. Nolledo, © 1998

3. http://en.wikipedia.org/wiki/Derivative_work
4. http://myows.com/blog/ows-defined/

5. http://www.law-essays-uk.com/resources/2-1essays/literary-work.php