ASSIGNMENT NO.

1-INTELLECTUAL PROPERTY
COMMERCIAL LAW REVIEW
Atty. Myra-Diwata A. Rivera-Caroy

INSTRUCTIONS:

1. This assignment consists of ten (10) questions calling of the pertinent provisions
of the Intellectual Property Code (RA 8292), as amended.
2. State whether the following items are protected by copyright If your
answer is yes, specify: (1) whether it is an original work or a derivative
work; and (2) the owner of the copyright. Cite the legal basis for your
answers, and a mere “YES” or “NO” answer shall not be given any credit. Limit
your explanation to just one sentence each. Place your answers right after the
question/item.
3. Submit your assignment on or before 28 January 2021 at 5:00 p.m. Late
assignment outputs shall not be considered.

Topic
Copyright

1. The Harry Potter books (consisting of seven volumes) written by J.K. Rowling
published by Random House Books.
Yes. It is an original work owned by J.K. Rowling, his heirs or assigns.
Under Art. 721 of the Civil Code and Sec. 178 of RA 8293, the author
acquire ownership with regard to his literary and artistic works.

2. The Harry Potter: Chamber of Secrets movie, directed by Chris Columbus,

produced by J.K. Rowling and distributed by Warner Brothers Pictures.
Yes, derivative work owned by J.K. Rowling and Chris Columbus.
According to Section 178.5 of RA 8293, in the case of audiovisual work,
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.

Copyright belongs to producer

3. The format for the show “Raffy Tulfo in Action” aired in TV Channel 5.
NO. Sec. 175 of RA 8293, no protection shall extend to 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.

4. Supreme Court decisions from 1901 to 2021.

NO. Sec 176 of RA 8293, no copyright shall subsist in any work of the
Government of the Philippines. 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.

5. Commercial Law Reviewer by Dean Jose Sundiang and Timoteo Aquino,

published by Rex Book Store.
Yes, original, owned by Sundiang and Aquino. Under Sec. 178.2 of RA
8293, in case of works of joint authorship, the co-authors shall be the
original owners of the copyright and in the absence of agreement, their
rights shall be governed by rules on co-ownership.
6. “Kahit Maputi na ang Buhok Ko” performed by Sharon Cuneta, written and
composed by Rey Valero and distributed by Viva Records.
Yes, original, owned by Rey Valero. Under Art 721 of the Civil Code and
Sec. 178.5 of IPC, the composer owns his musical composition.

7. “Sana Maulit Muli” performed by Lea Salonga, and distributed by BMG Records.
Yes, original, owned by the composer of the song because Under Art
721 of the Civil Code and Sec. 178.5 of IPC, the composer owns his
musical composition.

8. The musical entitled “Legally Blonde” in Broadway with music and lyrics by
Laurence O-Keefe and Nell Benjamin.
Yes, original, owned by Laurence O-Keefe and Nell Benjamin as
composers, the producer, the author of the scenario, the film director,
and the author of the work so adapted (Sec. 178.5).
9. Zoom Application, prevailing in the internet.
Yes, original, owned by the creator of the computer program. Under
Sec. 172, computer program is included in the list of Literary and
Artistic Works and the copyright shall belong to the author of the work
(Sec. 178.1).

10. Game of Thrones, a series aired on Home Box Office (HBO) produced by David
Benioff and Weiss.
Yes, derivative work because it is an adaptation of A Song of Ice and
Fire, a series of fantasy novels by George R. R. Martin. Owned by the
producer David Benioff and Weiss (sec. 178.5).

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