Art.

712 REQUIREMENTS FOR COPYRIGHT PROTECTION:

Ownership is acquired by occupation and by intellectual creation. - There must be original and has minimal degree of creativity.

Art. 721 The primary objective of the law on copyright under our law is to protect the
creations of literaey and artistic works of authors and creator
By Intellectual creation, the following persons acquire ownership:

Author With regard to his literary, The government I not precluded for obtaining copyright.
dramatic, historical, legal,
philosophical, scientific, or other
works A book converted into a format readable to visually impaired does not
Composer As to his musical composition infirnge a copyright if it was not done for profit.
Painter, sculptor, or other artist With respect to the product of his Sec. 183 (L) The reproduction or distribution of published articles or
art. materials in a specialized format exclusively for the use of the blind,
Scientist or technologist With regard to his discovery or visually and reading impaired persons shall not as a rule constitute
invention copyright infringement. Provided that such copies or distributions shall
be made on a non-profit basis and shall indicate the copyright owner
and the date of the original publication.
DENICOLA’S TEST

Denicla’s Test in Intellectual Property law states that if design elements of an article Publishers only represent the anonymous writers or those with
reflect a merger of aesthetic and functional considerations. The artistic aspects of the pseudonyms.
work cannot be conceptually separable from the utilitarian aspects.

CHILDRESS TEST DERIVATIVE WORKS

Childress Test is used to know whether there is co-authorship or not. This test has
two requirements. First. There must be intent by the authors to have co-authorship
over a work. Second, there must be delineation between the work of each author.
COMMUNICATIONS TO THE PUBLIC
Any communication to the public, including broadcasting, rebroadcasting,
retransmitting by cable, broadcasting and retransmitting by satellite, and includes
the making of a work available to the public by wire or wireless means in such a way
that members of the public may access these works from a place and time
individually chosen by them.
a. Dramatizations, translations, adaptation, abridgment, arrangement, 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.
Works referred to in paragraphs a and b shall be considered as a 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 to be construed to imply any right to such use of the original
works, or to secure or extend copyright in such original work.

Copyright certificate issued by the Copyright office is a prima facie evidence of The publisher shall have a copyright consisting merely of the right of
copyright protection. However, such certificate does not at the same time vest reproduction of the typographical arrangement of the published edition
right of ownership over a particular work. of the work.

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 WORKS NOT PROTECTED First Sale Doctrine

UNPROTECTED SUBJECT MATTER: o After the first sale of the lawfully made copy of the copyrighted
work, anyone who is owner of a copy of that article can sell or
NO protection shall be extended, under this law, to:
dispose of that copy in any way without any liability for copyright
a. Idea infringement.
b. Procedure o The first sale of an authorized copy of the work exhausts the
c. System method or operation author’s right to control of distribution of copies.
d. Concept o What is only protected is the FIRST SALE.
e. Principle o No infringement on reselling the books on a higher price.
f. Discovery or mere data as such. o No violation of economic rights on subsequent sale after transfer
of ownership.
… Even if they are illustrated or embodied in a: d. Rental of origin or a copy of an audiovisual or cinematographic work
e. Public display of the original or a copy of the work
a. Work
f. Public performance of the work
b. News of the day and other miscellaneous facts having the character of mere
g. Other communication to the public of the work.
items of press information
c. Any official text of a legislative, administrative or legal nature, OWNERSHIP OF COPYRIGHT
d. As well as any official translation thereof.
In case of original literary and Copyright shall belong to the
WORKS OF THE GOVERNMENT artistic work AUTHOR of the work
In case of joint authorship Co-authors shall be the original
No copyright shall subsist in any work of the Government of the Philippines.
owners of the copyright and in the
However, prior approval of the government agency or office wherein the work is absence of agreement, their rights
created shall be necessary for the exploitation of such work for profit. Such agency shall be governed by the rules on
or office may, among other things, impose as a condition the payment of royalties. co-ownership.
The Government is not precluded from receiving and hlding copyrights transferred
However, I a work of joint
to it by assignment, bequest or otherwise; nor shall publication or republication by ownership consist of parts that can
the government in a public document of any work in which copyright is subsisting be be identified, the author of each
taken to cause any abridgment or annulment of the copyright or to authorize any use part shall be the original owner of
or appropriation of such work without the consent of the copyright owners. the copyright in the part that he
has created.
In the case of work created by an If the creation of the object of
COPYRIGHT OR ECONOMIC RIGHTS employee copyright is not a part of his regular
duties, copyright shall belong to
a. Reproduction of the work or substantial portion of the work the EMPLOYEE.
b. Dramatization, translation, adaptation, abridgment, or other
transformation of the work If the work is the result of the
c. The first public distribution of the original and each copy of the work by sale performance of his regularly-
or other forms of transfer of ownership assigned duties, unless there is an
agreement, express or implied, to

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In case of a commissioned work
In case of audiovisual work
In case of letters
the contrary, the EMPLOYER owns
the copyright.
The person who so commission the
work shall have ownership of the
work, but the copyright shall
remain to the creator unless there
is a stipulation to the contrary.
The copyright shall belong to the
producer, the author of the
scenario, the composer of the
music, the film director and the
author of the work so adapted.
However, subject to contrary
stipulation among the creators, the
producers shall exercise the
copyright to an extent required for
his exhibition of work in any
manner, except for the right to
collect performing license fees for
the performance of musical
compositions, with or without
words, which are incorporated into
the work.
The copyright shall belong to the
writer subject to the provisions of
Art. 723:
“Letters and other private
communications in writing are
owned by the person to whom they
are addressed and delivered, but
they cannot be published or
disseminated without the consent
of the writer or his heirs.
However, the court may authorize
their publication or dissemination
if the public good or the interest of
justice so requires.”
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TRANSFER OR ASSIGNMENT OF COPYRIGHT
ASSIGNMENT LICENSE
All rights are transferred including Only the right to use is being
the right to own, dispose, possess, transferred.
and use.
Sec. 180
The copyright is not deemed assigned or licensed inter vivos, in whole or
in part, unless there is a written indication of such intention.
The submission of a literary, photographic or artistic work to a
newspaper, magazine or periodical for publication shall constitute
only a license to make a single publication.
Unless a greater right is expressly granted.
If 2 or more persons jointly own a copyright or any part thereof,
neither of the owners shall be entitled to grant license without the
prior written consent of the other owner or owners.
COPYRIGHT AND MATERIAL OBJECT
The copyright is distinct form the property in the material object
subject to it.
Consequently, the transfer, assignment, or licensing of the
copyright shall not itself constitute a transfer of the material
object. Nor shall a transfer or assignment of the sole copy or of one
or several copies of the work imply transfer, assignment or
licensing of the copyright.
LIMITATIONS ON COPYRIGHT
Sec. 184. The following shall not constitute infringement:
a. Recitation or performance of a work, once it has been lawfully made
accessible to the public, if done privately or free of charge or if made strictly
for a charitable or religious institution or society.
b. Making of quotations from a published work if they are compatible with fair MORAL RIGHTS
use and only to the extent justified for the purpose. Provided, that the
1. Attribution
source and the name of the author, if appearing on the work, are
2. Alteration
mentioned.
3. Withholding Publication
c. The reproduction or communication to the public by mass media od articles
4. Restraint
on current political, economic, scientific, or religious topic, lectures,
addresses and other works of the same nature which are delivered in public
if such use is for information purposes and has not been expressly reserved.
Provided that the source is indicated. CONTRIBUTION TO A COLLECTIVE WORK
d. The reproduction and communication to the public literary, scientific, or
When an author contributes to a collective work, his right to have his contribution
artistic works as part of reports of current events.
attributed to him is deemed waived. Unless he expressly, reserves it.
e. The inclusion of a work in a publication,broadcast, or other communications
to the public by way of illustration for teaching puposes and is compatible
with fair use. Provided that the author and the source is included.
f. The recordings made in schools, universities, or educational institutions of a EDITING, ARRANGING, AND ADAPTATION
work included in a broadcast for the use of such schools, universities, or In the absence of a contrary stipulation at the time an author licenses or permits
educational institutions. Provided that it must be deleted within a another to use his work, the necessary editing, arranging or adaptation of such work,
reasonable period after their first broadcast. Provided further, recordings for publication, broadcast, use in a motion picture, dramatization, or mechanical or
may not be made from audiovisual works which are part of the general electrical reproduction in accordance with the reasonable and customary standards
cinema repertoire except excerpts. or requirements of the medium in which the work is to be used, shall not be deemed
g. Making of epheral recordings by broadcasting organizations to contravene the author’s rights secured by this chapter. Nor shall complete
h. The use made of a work by or under the direction or control of the Govt. destruction of a work unconditionally transferred by the author be deemed to violate
i. Public performance or communication to the public where no admission fee such rights
is charged by a club or institution for charitable or educational purposes only
and not for profit making.
j. Public display of the original or a copy of the work made by means of a film,
DOCTRINE OF FAIR USE
slide, tv, provided that either work has been published or that the original
or the copy displayed has been sold, given away, or otherwise transferred The fair use of a copyright work for criticism, comment, news reporting, teaching
to another person by the author or his successor in title. including limited number of copies for classroom use, scholarship, research, and
k. Any use of work for the purpose of any judicial proceeding for the giving of similar purpose is not an infringement.
professional advice by a legal practitioner
l. The reproduction or distribution of published articles or materials in a Decompilation, which is understood here to be the reproduction of the code and
specialized format exclusively for the use of the blind, visually and reading translation of the forms of a computer program with other programs may also
impaired persons shall not as a rule constitute copyright infringement. constitute fair use under the criteria established in this section, to the extent that
Provided that such copies or distributions shall be made on a non-profit such decompilation is done for the purpose of obtaining the information necessary
basis and shall indicate the copyright owner and the date of the original to achieve such interoperability.
publication.

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The Doctrine of Fair Use allows others to utilize copyrighted works under certain
conditions.

The factors to be considered are:

a. whether use is fair or not would be the purpose and character of the use
b. nature of the copyrighted work
c. amount and substantially of the portions used, and
d. effect upon the potential market of the work

DRIOT DE SUITE

In every sale or lease of an original work of painting or sculpture or the original

manuscript of a writer or composer, subsequent to the first disposition thereof by
the author, the author or his heirs shall have an inalienable right to participate in the
gross proceeds of the sale or lease to the extent of five percent.

This right shall exist during the lifetime of the author and for 50 years after his death.

- This applies only to an original work of painting or sculpture, or the original

manuscript of a writer or composer.
- Works wherein the author primarily derives gain from the proceeds of
reproductions are not covered.

Not Covered:

Such rules will not apply to:

a. Prints
b. Etchings
c. Engravings
d. Works of applied art
e. Works of similar kind wherein the author primarily derives gain form the
proceeds of reproductions.