PART IV - THE LAW ON COPYRIGHT PART IV THE LAW ON COPYRIGHT Copyright, in the strict sense of the term, is purely a statutory right, Being a mere statutory grant, imi confers, It may be obtained and enjoyed only with respect to the subjects and by the persons, and on terms and conditions specified in the statute, Accordingly, it can cover only the works falling within the statutory enumeration or description.! A copyright refers to "the right granted by a statute to the proprietor of an intellectual production to its exclusive use and enjoyment to the extent specified in the statute,"2 “Unlike a patent, a copyright gives no exclusive right to the art disclosed; protection is given only to the expression of the idea — not the idea itself."3 CHAPTERI PRELIMINARY PROVISIONS Sec. 171. Definitions. - For the purpose of this Act, the following terms have the following meaning: 171.1, "Author" is the natural person who has created the work; 171.2. A “collective work" is a work which has been created by two (2) or more natural persons at the initiative and under the direction of another with the understanding that it will be disclosed by the latter under his own name and that contributing natural persons will not be identified; 171.3."Communication to the public" or"communicate to the public’ means 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 (As amended by R.A. 10472); 171.4, A"computer"is an electronic or similar device having information-processing capabilities, and a "computer program" is a set of instructions expressed in words, codes, schemes or in any other form, which is capable when incorporated in a medium that the + Pearl and Dean (Phil), Inc. vs. Shoemart, Inc, and North Edsa Marketing, Inc, G.R. No. 148222, August 15, 2003. 2 Sison Olafio, etal. vs. Lim Eng Co, GR No, 195835, March 14,2016, * Sison Olafo, etal. vs. Lim Eng Co, G.R. No. 195835, March 14,2016. 756er part V- THE LAW ON Copyrigutr er can read, or causin nmcular task or result; Mig, "Public lending” V7 of a Work oF soun put om" 8 the computer to perform or achieve a is reconainneh of possession of the original ora arposes BY am stitution the services of which are available to the public, such as pul blic library or archive; 71.6."Public performance," in the case of a work other than an qudiovisual work, is the recitation, playing, dancing, acting or ‘herwise performing the work, either directly or by means of any gevice or process; in the case of an audiovisual work, the showing of its images in sequence and the making of the sounds accompanying it audible; and, in the case of a sound recording, making the recorded sounds audible at a place or at places where persons outside the normal circle of a family and that family’s closest social acquaintances are or can be present, irrespective of whether they are or can be present at the same place and at the same time, or at different places and/or at different times, and where the performance can be perceived without the need for communication within the meaning of subsection 171.3; 171.7."Published works” means works, which, with the consent of the authors, are made 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: Provided, That availability of such copies has been such, as to satisfy the reasonable requirements of the public, having regard to the nature of the work 17L8."Rental” is the transfer of the possession of the original or a copy of a work or a sound recording for a limited period of time, for profit-making purpos' 1719."Reproduction" is the making of one (1) or more copies, temporary or permanent, in whole or in part, of a work or a sound recording in any manner or form without prejudice to the provisions fSection 188 of this act. (Sec. 41 [E], P-D. No. 49a) (As amended by R.A. No. 10372) an artistic creation with utilitarian 171.10. A"work of applied art" is ful article, whether made by hand or unctions or incorporated in a use! Produced on an industrial scale; 171.11, A"work of the Government of the Philippines” is a work “reated by an officer or employee of the Philippine Government or any Afits subdivisions and instrumentalities, including government-owned °r controlled corporations as part of his regularly pre’ ribed official ties, 757PART IV - THE LAW ON COPYRIGHT 171.12. “Technological measure” means any technology, device oy component that, in the normal course of its operation, restricts acts in respect of a work, performance or sound recording, which are not authorized by the authors, performers or producers of sound recordings concerned or permitted by law (Added by R.A. No. 10372); 171.13. “Rights management information” means information which identifies the work, sound recording or performance; the author of the work, producer of the sound recording or performer of the performance; the owner of any right in the work, sound recording or performance; or information about the terms and conditions of the use of the work, sound recording or performance; and any number or code that represent such information, when any of these items is attached to a copy of the work, sound recording or fixation of performance or appears in conjunction with the communication to the public of a work, sound recording or performance (Added by R.A. No. 10372). Problem: C is the owner and general manager of J Co, the maker and manufacturer of a Utility Model, described as "Leaf Spring Eye Bushing for Automobile” made up of plastic. On September 4, 2001, C and Y were issued by the National Library Certificates of Copyright Registration and Deposit of the said work described therein as "Leaf Spring Eye Bushing for Automobile.” On September 20, 2001, C requested the National Bureau of Investigation (NBI) for police/investigative assistance for the apprehension and prosecution of illegal manufacturers, producers and/or distributors of the works. After due investigation, the NBI filed applications for search warrants in the RTC of Manila against S and the officers and members of the Board of Directors of W Corp. (respondents). It was alleged that the respondents therein reproduced and distributed the said models penalized under Sections 177.1 and 177.3 of R.A. No. 8293. The RTC granted the application and issued Search Warrant Nos. 01-2401 and 01-2402 for the seizure of the aforecited articles. The respondents filed a motion to quash the search warrants on the following grounds: 758pant lV THE LAW ON CopyRiGHy The copyright regi ‘ Intellectual Property Code onthe rane ited in violation of the the subject m 4 the su ye i matter eastratons are not artistic or literary; meaning ~ they are original ‘gistrations are spare parts of automobiles arts th Hence, they are not origin that they are designed to replace e respon ihe opogatdents averred that the works covered by the certificates issued by ibrary are not artistic in nature; they are considered automotive spare parts and pertain to technology. "They aver that the models are not original, and as such are the proper subject of a patent, not copyright Pi a Is the subject matter of the registration artistic or literary? Answer? . For the RTC to determine whether the crime for infringement under a. No. 8293 as alleged in an application is committed, the applicant was burdened to prove that (a) C and Y were the owners of copyrighted material; and (b) the copyrighted material was being copied and distributed bythe respondents. Thus, the ownership of a valid copyright is essential. Ownership of copyrighted material is shown by proof of originality and copyrightability. By originality is meant that the material was not copied, and evidences at least minimal creativity; that it was independently created by the author and that it possesses at least same minimal degree of creativity. Copying is shown by proof of access to copyrighted material and substantial similarity between the two works. The applicant must thus demonstrate the existence and the validity of his copyright because in the absence of copyright protection, even original creation may be freely copied. By requesting the NBI to investigate and, if feasible, file an application for a search warrant for infringement under R.A. No. 8293 against the respondents, C thereby authorized the RTC (in resolving the application), to delve into and determine the validity of the copyright which he claimed he had over the utility models. C cannot seek relief from the RTC based on his claim that he was the copyright owner over the utility models and, at the same time, repudiate the court's jurisdiction to ascertain the validity of his claim without running afoul to the doctrine of estoppel. the applicant may present the certificate of "stration covering the work or, in its absence, other evidence. A pyright certificate provides prima facie evidence of originality which is one element of co} right validity. It constitutes prima facie evidence of both ‘alidity and ownership and the validity of the facts stated in the certificate. To discharge his burden, 759PART IV - THE LAW ON COPYRIGHT: ‘The presumption of validity to a certificate of copyright registration merely orders the burden of proof. The applicant should not ordinarily be forced, in the first instance, to prove all the multiple facts that underline the validity of the copyright unless the respondent, effectively challenging them, shifts the burden of doing so to the applicant. Indeed, Section 218.2 of R.A. No. 8293 provides: 218.2. In an action under this Chapter: (a) Copyright shall be presumed to subsist in the work or other subject matter to which the action relates if the defendant does not put in issue the question whether copyright subsists in the work or other subject matter; and (b) Where the subsistence of the copyright is established, the plaintiff shall be presumed to be the owner of the copyright if he claims to be the owner of the copyright and the defendant does not put in issue the question of his ownership. A certificate of registration creates no rebuttable presumption of copyright validity where other evidence in the record casts doubt on the question. In such a case, validity will not be presumed. To discharge his burden of probable cause for the issuance of a search warrant for violation of R.A. No. 8293, the applicant submitted to the RTC Certificate of Copyright Registration Nos. 2001-197 and 2001-204 dated September 3, 2001 and September 4, 2001, respectively, issued by the National Library covering work identified as Leaf Spring Eye Bushing for Automobile and Vehicle Bearing Cushion both classified under Section 172.1(h) of R.A. No. 8293, to wit: 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: XxX (h) Original ornamental designs or models for articles of manufacture, whether or not registrable as an industrial design, and other works of applied art, Related to the provision is Section 171.10, which provides that a “work of applied art" is an artistic creation with utilitarian functions or incorporated in a useful article, whether made by hand or produced on an industrial scale. 760Pr parTiV- THE LAW ON COPYruGitT But, as gleaned from the s a copyright certificate filed by Pecifications appended to the application C, i i cele mars ye ing ee jindrical body having a co-axial bore that is centrally located Fad provided with a perpendicular flange on one of its ends and a cylindrical metal jacket gurounding the peripheral walls of said body, with the bushin miaile of jastic that Is either polyvinyl chloride or polypropylene Likewise, the Vehicle Bearing Cushion is illustrated as a bearing cushion comprising @ enerally semi-circular body having a central hole to secure a conventional pearing and a plurality of ridges provided therefore, with said cushion pearing being made of the same plastic materials. Plainly, these are not A ‘ell is ir elit 0 iF appl i iL it ity oF ui It bears stressing that the focus of copyright is the usefulness of the ign, and not its marketability. The central inquiry is whether the article is a work of art. Works for applied art include all original pictorials, graphics, and sculptural works that are intended to be or have been embodied in useful article regardless of factors such as mass production, commercial exploitation, and the potential availability of design patent protection. As gleaned from the description of the models and their objectives, these articles are useful articles which are defined as one having an intrinsic utiitarian function that is not merely to portray the appearance of the atticle or to convey information. Indeed, while works of applied art, original intellectual, literary, and artistic works are copyrightable, useful articles and works of industrial design are not. He i 01 ic ic yr iting Section 171.10 of R.A. No. We agree with the contention of C (ci ! rdless of whether it is a 8293), that the author's intellectual creation, rega creation with utilitarian functions Produced on an industrial scale, is prot law refers to a "work of applied art w! n or incorporated in a useful article ected by copyright law. However, the fnich is an artistic creation." /t bears io : $ ‘ticle, Functional artistically designed, have no matter how ‘are separable from components 5 of useful articles, ‘rotection unless they Senerally been denied copyright P '¢ useful article. 761PART IV - THE LAW ON COPYRIGHT In this case, C’s models are not works of applied art, nor artistic works. They are utility models, useful articles, albeit with no artistic design or value. A utility model is a technical solution to a problem in any field of human activity which is new and industrially applicable. It may be, or may relate to, a product, or process, or an improvement of any of the aforesaid, Essentially, a utility model refers to an invention in the mechanical field. This is the reason why its object is sometimes described as a device or useful object. A utility model varies from an invention, for which a patent for invention is, likewise, available, on at least three aspects: first, the requisite of "inventive step" in a patent for invention is not required; second, the maximum term of protection is only seven years compared to a patent which is twenty years, both reckoned from the date of the application; and third, the provisions on utility model dispense with its substantive examination and prefer for a less complicated system. Being plain automotive spare parts that must conform to the original structural design of the components they seek to replace, the Leaf Spring Eye Bushing and Vehicle Bearing Cushion are not ornamental. They lack the decorative quality or value that must characterize authentic works of applied art. They are not even artistic creations with incidental utilitarian functions or works incorporated in a useful article. In actuality, the personal properties described in the search warrants are mechanical works, the principal function of which is utility sans any aesthetic embellishment. Neither are we to regard the Leaf Spring Eye Bushing and Vehicle Bearing Cushion as included in the catch-all phrase “other literary, scholarly, scientific and artistic works" in Section 172.1(a) of R.A. No. 8293. Applying the principle of ejusdem generis which states that "where a statute describes things of a particular class or kind accompanied by words of a generic character, the generic word will usually be limited to things of a similar nature with those particularly enumerated, unless there be something in the context of the state which would repel such inference,” the Leaf Spring Eye Bushing and Vehicle Bearing Cushion are not copyrightable, being not of the same kind and nature as the works enumerated in Section 172 of R.A. No. 8293. No copyright granted by law can be said to arise in favor of C despite the issuance of the certificates of copyright registration and the deposit of the Leaf Spring Eye Bushing and Vehicle Bearing Cushion. Indeed, in Joaquin, Jr. v. Drilon and Pearl & Dean (Phil.), Incorporated v. Shoemart, re the Court ruled that: 762ro paRT 1V- THE LAW ON CopyriGHr Co i . ight, It is Pr yright, in the strict sense of the term, is purely a statutory par! w or independent right granted by the statute, and not simply a pre-existing right regulated by it. Being a statutory grant, the rights are only such as the statute confers, and may be obtained and enjoyed only with respect to the subjects and by the persons, and on terms and conditions specified in the statute. Accordingly, it can cover only the works falling within the statutory enumeration or description. vot ent ae es of C may be the proper subject of a patent does n issuance of a search warrant for violation of copyright laws. In Kho v, Court of Appeals and Pearl & Dean (Phil), Incorporated v. Shoemart, Incorporated, the Court ruled that "these copyright and patent rights are completely distinct and separate from one another, and the protection afforded by one cannot be used interchangeably to cover items or works that exclusively pertain to the others." The Court expounded further, thus: D . . i i A trademark is any visible sign capable of distinguishing the goods (trademark) or services (service mark) of an enterprise and shall include a stamped or marked container of goods. In relation thereto, a trade name means the name or designation identifying or distinguishing an enterprise. Meanwhile, the scope of a copyright is confined to literary and artistic works which are original intellectual creations in the literary and artistic domain protected from the moment of their creation. Patentable inventions, on the other hand, refer to any technical solution of a problem in any field of human activity which is new, involves an inventive step and is industrially applicable. the bushing and cushion are not works of art. They In this case, which may be the subject of a are, as C himself admitted, utility models atent.+ 3.95, June 29, 2005. “else. ching v al, GR. No. 1612 ing vs. William M. Salinas, Sr etal 763PART IV - THE LAW ON COPYRIGHT CHAPTER II ORIGINAL WORKS A person to be entitled to a copyright must be the original creator of the work. He must have created it by his own skill, labor and judgment without directly copying or evasively imitating the work of another.5 Valid copyright ownership denotes originality of the copyrighted material. Originality means that the material was not copied, evidences at least minimal creativity and was independently created by the author, It connotes production as a result of independent labor.6 Sec, 172. Literary and Artistic Works. - 172.1 Literary and ar 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; (ce) Dramatic or dramatico-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) Mlustrations, maps, plans, sketches, charts and three-dimensional works relative to geography, topography, architecture or science; Gj) Drawings or plastic works ofa scientific or technical character; (X) Photographic works including works produced by a process analogous to photography; lantern slides; Q) 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 (0) Other literary, scholarly, scientific and artistic works, ‘Wilson Ong Ching Kian Chuan vs. CA and Lorenzo Tan, G.R. No. 130360, August 15,2001. *Sison Olafio, etal. vs. Lim Eng Co., GR.No. 195835, March 14, 2016. 764panTIV- THE LAW ON Copyright originality F Ownership of copyrighted m sya copyrightailty. BY origina aterial is shown by proof of originality apie and evidences at least minimal sree nates cee eral as OR by the author ” ‘al creativity; that it was independentl; rey copying is showat it possesses at least same minimal degree of Ctpstantial similarity betwee, thee Of access to copyrighted material and ' wo works. The appli th e applicant must thus Fee OpYTght, monn the validity of his copyright because in the apsence Protection, even original creation may be freely copied. To be entitled to cop i ° right, the thing being copyrighted must be original, created by the author through his own skill, Isher, and judgment, without directly copying or evasively imitating the work of another.® 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. (Sec. 2, P. D, No. 49a) ISNEWS FOOTAGE COPYRIGHTABLE UNDER THE LAW? The news footage is copyrightable. ‘The Intellectual Property Code is clear about the rights afforded to authors of various kinds of work. Under the Code, "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." These include “sudiovisual works and cinematographic works and works produced by a process analogous to cinematography or any process for making audiovisual recordings." 1d copyright law (Pres. Decree No, 49 (1972), Decree on the the Intellectual Property Code does not require registration of the work to fully recover in an infringement suit. Nevertheless, both copyright laws provide that copyright for a work is acquired by an intellectual creator from the moment of creation. It is true that under Section 175 of the Intellectual Property Code, “news ofthe day and other miscellaneous facts having the character of mere items of press information” are considered unprotected subject matter. However, Contrary to the ol! Protection of Intellectual Property], 2 9, 2008 5, June 29, 2005. GR No. 161298, Oe | RaNo, 132604 March 6 2002 “Tessie, i UsssleG. Ching ws. william M. Salinas, Sr. etale e eaneo Sather vs, Lov stause& co, and Lev Strauss (PHN) ISPART IV - THE LAW ON COPYRIGHT . + Al , 7 brotection® — 7 ABS-CBN Corp. vs. Feline Gozon, etal, G.R. No. 195956, March 11, 2015, 766| -g panTIV- THE LAW ON COPYRIGHT CHAPTER IL DERIVATIVE WORKS gece 473. Derivative Works, - 473.1. The following derivative works shall also be protected by copy matizatl ral ons, translations, ada i yi ptations, _ abridgments, arrangements, and other alterations of literary or artistic works; and (0) Collections of literary, scholarly or artistic works, and compilations of data ani other materials which are original by reason of the selection or coordination or arrangement of their contents. (Sec. 2, IP) and (Q], P. D. No. 49) 1 473.2. The works referred to in paragraphs (a) and (b) of Subsection 473.1 shall be protected 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 be construed to imply any right to such use of the original works, or to secure or extend copyright in such original works. (Sec. 8, P. D. 49; Art. 10, TRIPS) sec. 174, Published Edition of Work. - In addition to the right to publish granted by the author, his heirs or assigns, the publisher shall have a copyright consisting merely of the right of reproduction of the typographical arrangement of the published edition of the work. (n) must be distinguished from the expression of that ‘ened to a ghost in that it "must be spoken It is a concept that has eluded exact f the idea/expression dichotomy, the An idea or event idea or event. An idea has been lik toalittle before it will explain itself." legal definition. To get a better grasp 0! etymology of the term "idea" is traced:10 ved from a Greek term, meaning "a form, the 5 reality, from idein, to see." In ddigms, independent objects to The word "idea" is deri look or appearance of a thing as 0 the Timaeus, Plato saw ideas as ¢ i z Which the divine demiurge looks as patterns in forming the world. This was lter madified to the religious conception of ideas as the thoughts of God. "It ‘snot a very long step to extend the term ‘{dea’ to cover patterns, blueprints, or plans in anyone's mind, not only in God's." The word entered the French and English vernacular in the 1600s and possessed two meanings. The first Was the Platonic meaning of a perfect exemplar or paradigm. The second, pposed to it ternal para as. arch 11, 2035 (Citing Robert Yale Libott Round the taser i ttner eI CRE R22992-49 1993) » 767PART IV - THE LAW ON COPYRIGHT which probably has its origin with Descartes, is of a mental concept or image or, more broadly, any object of the mind when it is active. Objects of thought may exist independently. The sun exists (probably) before and after you think of it. But it is also possible to think of things that have never existed, such as a unicorn or Pegasus. John Locke defined ideas very comprehensively, to include: all objects of the mind. Language was a way of translating the invisible, hidden ideas that make up a person’s thoughts into the external, perceptible world of articulate sounds and visible written symbols that others can understand. There is no one legal definition of "idea" in this jurisdiction. The term "idea" is mentioned only once in the Intellectual Property Code. In Joaquin, Jr. v. Drilon, a television format (ie, a dating show format) is not copyrightable under Section 2 of Presidential Decree No. 49; it is a mere concept:11 P.D. No. 49, sec. 2, in enumerating what are subject to copyright, refers to finished works and not to concepts. The copyright does not extend to an idea, procedure, process, system, method of operation, concept, Principle, or discovery, regardless of the form in which it is described, explained, illustrated, or embodied in such work. Thus, the new INTELLECTUAL PROPERTY CODE OF THE PHILIPPINES provides: SEC. 175, Unprotected Subject Matter.—Notwithstanding the provisions of Sections 172 and 173, no protection shall extend, under this law, 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; or any official text of a legislative, administrative or legal nature, as well as any official translation thereof. XXX Ideas can be either abstract or concrete. It is the concrete ideas that are generally referred to as expression: The words "abstract" and "concrete" arise in many cases dealing with the idea/expression distinction. The Nichols court, for example, found that the defendant's film did not infringe the plaintiff's play because it was “too generalized an abstraction from what plaintiff wrote . . . only a part of her ideas." In Eichel v. Marcin, the court said that authors may exploit facts, experiences, field of thought, and general ideas found in another's work, “provided they do not substantially copy a concrete form, in which the i TAABS-CBN Corp. vs. Felipe Gozon, etal, G.R No. 195956, March 11, 2015. (Citing Leslie A. Kurtz, Speaking tothe Ghost: Idea and Expression in Copyright, 47 U. MIAMI L. REV. 1221, 1241-1243 (1992-1993) 768paRT 1v- THE LAW ON COPYRIGHT arcumstances and ideas have shape.” Judge Hand, in Natio plications, Inc. said that "no what is concrete as to invade, a developed, arranged, and put into Comics Publications, Inc. v. Fawcett one infri f one infringes, unless he descends so far into ‘expression, These cases se 7 te" tangible embodimne yt. istinguishing “abstract” ideas from "concret “po iments of these abstractions that may be termed expression. However, if the concrete form of a work means mace than the jiteral expression contained within it, it is difficult to determine what is meant by “concrete.” Webster's New Twentieth Century Dictionary of the gnglish Language Provides several meanings for the word concrete. These include: "having a material, perceptible existence; of, belonging to, oF characterized by things or events that can be perceived by the senses; real; aqua" and "referring to a particular; specific, not general or abstract." In Pearl & Dean (Phil.), Incorporated v, Shoemart, Incorporated, this court, citing the American case of Baker v, Selden, distinguished copyright from patents and illustrated how an idea or concept is different from the expression of that idea: In the oft-cited case of Baker vs. Selden, the United States Supreme Court held that je idea i the idea itself. In that case, the plaintiff held the copyright of a book which expounded on a new accounting system he had developed. The publication illustrated blank forms of ledgers utilized in such a system. The defendant reproduced forms similar to those illustrated in the plaintiff's copyrighted book. The US Supreme Court ruled that: There is no doubt that a work on the subject of book-keeping, though only explanatory of well known systems, may be the subject of a copyright; but, then, it is claimed only as a book. x x x But there is a clear distinction between the books, as such, and the art, which it is, intended to illustrate. The mere statement of the proposition is so evident that it requires hardly any argument to support it. The same distinction may be predicated of every other art as well as that of bookkeeping. A treatise on the composition and use of medicines, be they old or new; on the construction and use of ploughs or watches or churns; or on the hiixture and application of colors for painting or dyeing; oF on the mode of trawing lines to produce the effect of perspective, would be the subject of “pytight: but ne one would contend that the copyright of the treatise Would give the exclusive right to the art or manufacture described therein he copyright of the book, if not pirated from other works, would be valid ithout regard to the novelty or want of novelty of its subject matter. The 769PART IV - THE LAW ON COPYRIGHT ight. The claim to an invention of discovery of an art or manufacture must be subjected to the examination of the Patent Office before an exclusive right therein can be obtained; and a patent from the government can only secure it. The difference between the two things, letters patent and copyright, may be illustrated by reference to the subjects just enumerated. Take the case of medicines. Certain mixtures are found to be of great value in the healing art. If the discoverer writes and publishes a book on the subject (as regular physicians generally do), he gains no exclusive right to the manufacture and sale of the medicine; he gives that to the public. If he desires to acquire such exclusive right, he must obtain a patent for the mixture as a new art, manufacture or composition of matter. He may copyright his book, if he pleases; but that only secures to him the exclusive right of printing and publishing his book. So of all other inventions or discoveries. The copyright of a book on perspective, no matter how many drawings and illustrations it may contain, gives no exclusive right to the modes of drawing described, though they may never have been known or used before. By publishing the book without getting a patent for the art, the latter is given to the public. xxx Now, whilst no one has a right to print or publish his book, or any material part thereof, as a book intended to convey instruction in the art, any person may practice and use the art itself which he has described and illustrated therein. The use of the art is a totally different thing from a publication of the book explaining it. The copyright of a book on bookkeeping cannot secure the exclusive right to make, sell and use account books prepared upon the plan set forth in such book. Whether the art might or might not have been patented, is a question, which is not before us. It was not patented, and is open and free to the use of the public. And, of course, in using the art, the ruled lines and headings of accounts must necessarily be used as incident to it. The plausibility of the claim put forward by the complainant in this case arises from a confusion of ideas produced by the peculiar nature of the art described in the books, which have been made the subject of copyright. 770pant’ eww ON CopyRiGiEy bing the art, the j » he illustrati art | trations g correspond more closely than Usual with operator who uses the art xx x The a the ented to the benefit of copyright 1 cesetth 1 lays no fo rams employed happened to actual work performed by the On of the art in a book, though undation for an exclusive claim in Joaquin, television video and audio." News ; In the United States, a line of cases dwelt on the possibility of tighted. Most of these cases focused on le of tapes of news broadcasts. Conflicting ‘ourts. Noteworthy, however, is the District ic & Southern Co. v. Duncan, which involves videotaping and sale of WXIA-TV's news decisions were rendered by its ¢ Court's pronouncement in Pacifi a News Monitoring Service's broadcasts: It is axiomatic that copyright protection does not extend to news “events” or the facts or ideas which are the subject of news reports. Miller v. Universal City Studios, Inc, 650 F.2d 1365, 1368 (Sth Cir. 1981); Wainwright Securities, Inc, v. Wall Street Transcript Corp, 558 F.2d 91, 95 (2d Cir. 1977), cert. denled, 434 US. 1014, 98 S.Ct. 730, 54 LEd.2d 759 (1978), But it is equally well-settled that copyright protection does extend to the reports themselves, as distinguished from the substance of the information contained in the reports. Wainwright, 558 F.2d at 95; International News Service v, Associated Press, 248 U.S. 215, 39 SCt. 68, 63 LEd. 211 (1918); see Chicago Record-Herald Co. v. Tribune Assn, 275 F, 797 (7th Cir.1921); 1 Nimmer on Copyright § 2.11[B] (1983). Copyright protects the manner of expression of news reports, "the particular form or Collocation of words in which the writer has communicated it.” international News Service, 248 US. at 234, 39 S.Ct. at 70. Such protection extends to lcronle news repre asl as written reports. See17 U.S.C. § 102(a) (5), (6), and (7); see also lowa State University c Foundations, Inc. v. American Broadcasting Cos,, 621 F.2d 57, 61 (2d Cir. 1980). The idea/expression dichotomy has long been subject to debate in the field of copyright law. Abolishing the dichotomy ee prepare i that non-protectibility of ideas should be re-examined, if not stricken, cisions and the law: of the copyright law is the dual one e for the continuance of the 8 ald, the only excuse for tl of | Were’, i ore M Ans iil standard for determining protectibility sion tes| an If the underlying purposePART IV - THE LAW ON COPYRIGHT would be that it was or could be a truly useful method of determining the proper balance between the crea ight to profit from his work and the public's right that the "progress of the arts not be retarded." x x As used in the present-day context, the dichotomy has little or no relationship to the policy which it should effectuate. Indeed, all too often the sweeping language of the courts regarding the non-protectability of ideas gives the impression that this is of itself a policy of the law, instead of merely a clumsy and outdated tool to achieve a much more basic end.12 The idea/expression dichotomy is a complex matter if one is trying to determine whether a certain material is a copy of another. This dichotomy would be more relevant in determining, for instance, whether a stage play was an infringement of an author's book involving the same characters and setting.13 COPYRIGHTABLE WORK A copyrightable work refers to literary and artistic works defined as original intellectual creations in the literary and artistic domain. A hatch door, by its nature is an object of utility. It is defined as a small door, small gate, or an opening that resembles a window equipped with an escape for use in case of fire or emergency. It is thus by nature, functional and utilitarian serving as egress access during emergency. It is not primarily an artistic creation but rather an object of utility designed to have aesthetic appeal. It is intrinsically a useful article, which, as a whole, is not eligible for copyright. A “useful article” defined as an article “having an intrinsic utilitarian function that is not merely to portray the appearance of the article or to convey information” is excluded from copyright eligibility. aly i : : jie only Instance when a_uscful article may be the subject of = 7-7 ; ° i il in| This means that the utilitarian article can function without the design element. In such an instance, the design element is eligible for copyright protection. The design of a useful article shall be considered a pictorial, graphic, or sculptural work only if, and only to the extent that, such design + ABS-CBN Corp. vs. Felipe Gozon, et.al, G.R. No. 195956, March 11, 2015, [Citing Robert Yale Libott, Round the Prickly Pear: The Idea-Expression Fallacy in a Mass Communications World, 16 COPYRIGHT L, SYMP. 30 1966, . 48-49. 48 ABS-CBN Corp, vs, Felipe Gozon, etal, G.R No. 195956, March 11, 2015, 772F ry pati HE LAW ON CopyriGnT. _sorates pictorial, graphic, or iacorporante P 1, graphic, or sculptural features that can be identified vately from, a grately from, and are capable of existing independently of, the utilitarian on setts of the article, “spect O ‘ ea an object utility with the function of preventing one's nts from falling Cown, Is in itself not copyrightable. However, an ornately Msigned belt buckle which is irrelevant to or did not enhance the belt's function hence, conceptually separable from the belt, is eligible for right, IF Is copyrightable as a sculptural work with independent gesthetic value, and not as an integral element of the belt's functionality. A table lamp is not copyrightable because it is a functional object intended for the purpose of providing illumination in @ room. The general shape ofa table lamp is likewise not copyrightable because it contributes to the lamp's ability to illuminate the reaches of a room, But, a lamp base in the form of a statue of male and female dancing figures made of semi vitreous china is copyrightable as a work of art because it is unrelated to the Jamp's utilitarian function as a device used to combat darkness. In the present case, xxx hatch doors bore no design elements that are physically and co nceptually separable, independent and distinguishable from the hatch door itself. The allegedly distinct set of hinges and distinct jamb, were related and necessary hence, not physically or conceptually separable from the atch door's utilitarian function as an apparatus for emergency egress. Without them, the hatch door will not function." "SisonOlaho, etal 195835, March 14,2016. lato, etal, vs, Lim Eng Co. @.R. No, 19583 773PART IV - THE LAW ON COPYRIGHT CHAPTER IV WORKS NOT PROTECTED Sec. 175. Unprotected Subject Matter. - Notwithstanding the provisions of Sections 172 and 173, no protection shall extend, under this law, 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; or any official text of a legislative, administrative or legal nature, as well as any official translation thereof. (n) Sec. 176. Works of the Government. - 176.1. No copyright shall subsist in any work of the Government of the Philippines. However, prior approval of the government agency or office wherein the work is created shall be necessary for exploitation of such work for profit. Such agency or office may, among other things, impose as a condition the payment of royalties. No prior approval or conditions shall be required for the use of 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. (Sec. 9, First Par., P. D. No. 49) 176.2. The Author of speeches, lectures, sermons, addresses, and dissertations mentioned in the preceding paragraphs shall have the exclusive right of making a collection of his works. (n) 176.3. Notwithstanding the foregoing provisions, the Government is not precluded from receiving and holding copyrights transferred to it by assignment, bequest or otherwise; nor shall publication or republication by the government in a public document of any work in which copy right is subsisting be taken to cause any abridgment or annulment of the copyright or to authorize any use or appropriation of such work without the consent of the copyright owners. (Sec. 9, Third Par., P. D. No. 49) Problem: On December 20, 1991, K filed a complaint for injunction and damages with a prayer for the issuance of a writ of preliminary injunction against S Co. and C. K's complaint alleges that K, doing business under the name and style of KEC Cosmetics Laboratory, is the registered owner of the copyrights 774pant“ THE LAW ON COoPYRiGiT erin Chun St and Oval Facial Cream Container/Case; that she also has patent ights 0” eat hun Su & Device and Chin Chun Su for medicated cream after ynasing the same from Q, the tegistered owner thereof in the fupplemental Register Of the Philippine Patent Office on February 7, 1980; that § Co- advertised and sold X's cream products under the brand name chin Chun St, a Similar containers that K uses, thereby misleading the public, and resulting in the decline in K's business sales and income; and, 1 § Co. and C should be enjoined din rights and patents of K, ) from allegedly infringing on the or s Co. and C, on the other hand, alleged as their defense that S Co. is the exclusive and authorized importer, re-packer and distributor of Chin Chun Su products manufactured by Shun Yi Factory of Taiwan; that the said qaiwanese manufacturing company authorized § Co. to register its trade name Chin Chun Su Medicated Cream with the Philippine Patent Office and other appropriate governmental agencies; that KEC Cosmetics Laboratory of Kobtained the copyrights through misrepresentation and falsification; and, that the authority of Q, assignee of the patent registration certificate, to distribute and market Chin Chun Su products in the Philippines had already been terminated by the said Taiwanese Manufacturing Company. Whether the copyright and patent over the name and container of a beauty cream product would entitle the registrant to the use and ownership over the same to the exclusion of others. Answer: In the case at bar, K applied for the issuance of a preliminary injunctive order on the ground that she is entitled to the use of the trademark on Chin Chun Su and its container based on her copyright and patent over the same. Trademark, copyright and patents are different intellectual Property rights that cannot be interchanged with one another. A trademark is any visible sign capable of distinguishing the goods (trademark) or services (service mark) of an enterprise and shall include a stamped or marked container of goods. In relation thereto, a trade name means the hame or designation identifying or distinguishing an enterprise. Meanwhile, the scope of a copyright is confined to literary and artistic works which are Original intellectual creations in the literary and artistic domain protected ‘om the moment of their creation. Patentable inventions, on the other md, refer to any technical solution of a problem in any field of human activity which is new, involves an inventive step and is industrially @pplicable, 775~~ PART IV - THE LAW ON COPYRIGHT K has no right to support her claim for the exclusive use of the subject trade name and its container. i . In order to be entitled to exclusively use the same in the sale of the beauty cream product, the user must sufficiently prove that she registered or used it before anybody else did. K's i Consequently, a preliminary injunction order cannot be issued for the reason that K has not proven that she has a clear right over the said name and container to the exclusion of others, not having proven that she has registered a trademark thereto or used the same before anyone did.15 '*Elidad C. Kho vs. CA, etal, GR.No. 115758, March 19, 2002. 776pant lV- THE LAW ON Copyright CHAPTER V COPYRIGHT OR ECONOMIC RIGHTS 177.Copy or Economic pj. Cs mic . smipter Vil, COPYTIght or econonee’, Subject to the provisions of omic rights shall consi i 1774. Reproduction of the work or substantial portion of the work; 4772 Dramatization, translation, ‘i arrangement or other transformation of hewn —e_ 177.3. The first public distribution of the ori york by sale or other forms of transfer or ent and each copy of the sfer of ownership; 1774, Rental of the original or a copy of an audiovisual or cinematographic work, a work embodied in a sound recording, a computer program, a compilation of data and other materials or a musical work in graphic form, irrespective of the ownership of the original or the copy which is the subject of the rental; (n) 1775. Public display of the original or a copy of the work; 177.6. Public performance of the work; and 177.7. Other communication to the public of the work (Sec. 5, P. D. No. 49a) The authors of a work are granted several rights in relation to it, including copyright or economic rights: SECTION 177. Copyright or Economic Rights. — Subject to the provisions of Chapter VIII, copyright or economic rights shall consist of the exclusive right to carry out, authorize or. ‘prevent the following acts: 177.1. Reproduction of the work ‘or substantial portion of the work; 177.2, Dramatization, translation, adaptation, abridgment, arrangement or other transformation of the work; 1773, The first public distribution of the original and each copy of the work by sale or other forms of transfer of ‘ownership; 1774, Rental of the original or a copy of an audiovisual or cinematographic work, a work embodied in a sound recording, a 777PART IV - THE LAW ON COPYRIGHT computer program, a compilation of data and other materials or q musical work in graphic form, irrespective of the ownership of the original or the copy which is the subject of the rental; (n) 177.5. Public display of the original or a copy of the work; 177.6. Public performance of the work; and 177.7. Other communication to the public of the work. (Sec. 5, P. D. No, 49a) Under Section 211 of the Intellectual Property Code, broadcasting organizations are granted a more specific set of rights called related or neighboring rights: SECTION 211. Scope of Right. — Subject to the provisions of Section 212, broadcasting organizations shall enjoy the exclusive right to carry out, authorize or prevent any of the following acts: 211.1. The rebroadcasting of their broadcasts; 211.2. The recording in any manner, including the making of films or the use of video tape, of their broadcasts for the purpose of communication to the public of television broadcasts of the same; and 2113, The use of such records for fresh transmissions or for fresh recording. (Sec. 52, P.D. No. 49) Section 212 of the Code provides: CHAPTER XV LIMITATIONS ON PROTECTION Section 212, Limitations on Rights. - Sections 203, 208 and 209 shall not apply where the acts referred to in those Sections are related to: 212.1. The use by a natural person exclusively for his own personal purposes; 212.2, Using short excerpts for reporting current events; 212.3, Use solely for the purpose of teaching or for scientific research; and 212.4. Fair use of the broadcast subject to the conditions under Section 185, (Sec. 44, P.D. No. 49a) 778r pal aTiV- ‘THE LAW ON COPYRIGHT. The Code defines what broadc: zations include: organtl 02.7. "Broadcasting" aoe ception a ean the transmission by wireless means or the eek transmission by cation ch images or of representations thereof: ry satellite is also "broadcasting" where the means for decrypting are pro . a a ‘cone er rovided to the public by the broadcasting organization asting is and who broadcasting 2 oe ° roadeasting organization” shail include a natural person or a juridical entity duly authorized to engage in broadcasting. Developments in technology, including the process of preserving once ephemeral works and disseminating them, resulted in the need to provide a new kind of protection as distinguished from copyright. The designation "neighboring rights" was abbreviated from the phrase "rights neighboring to copyright.” Neighboring or related rights are of equal importance with copyright as established in the different conventions covering both kinds of rights.16 Several treaties deal with neighboring or related rights of copyright. The most prominent of these is the "International Convention for the protection of Performers, Producers of Phonograms and Broadcasting Organizations" (Rome Convention). The Rome Convention protects the rights of broadcasting organizations in relation to their broadcasts. Article XIII of the Rome Convention enumerates the minimum rights accorded to broadcasting organizations: Article 13 Minimum Rights for Broadcasting Organizations Broadcasting organizations shall enjoy the right to a (a) the rebroadcasting of their broadcasts; (b) the fixation of their broadcasts; (c) the reproduction: (i) of fixations, made (ii) of fixations, made in accordance their broadcasts, if the reproduction is made for p' from those referred to in those provisions; ; (d) the communication to the public of their television broadcasts if such communication is mat ible to the public against de in places access eo SO Cor vs. Fee Gozn, tals GR-No. 195956 coy {Neshboring Rights of Performing Artists Phonogeam \-VLA JL. & ARTS75, 75-76 (1990-1991). uthorize or prohibit: without their consent, of their broadcasts; with the provisions of Article 15, of urposes different Morch 11,2015. [iting Herman Cohen Jehoramn, The Preducersand Broadcasting Organieatlons, 15 779PART IV - THE LAW ON COPYRIGHT payment of an entrance fee; it shall be a matter for the domestic law of the State where protection of this right is claimed to determine the conditions under which it may be exercised. With regard to the neighboring rights of a broadcasting organization in this jurisdiction, this court has discussed the difference between broadcasting and rebroadcasting: Section 202.7 of the IP Code defines broadcasting as "the transmission by wireless means for the public reception of sounds or of images or of representations thereof; such transmission by satellite is also ‘broadcasting’ where the means for decrypting are provided to the public by the broadcasting organization or with its consent." On the other hand, rebroadcasting as defined in Article 3(g) of the International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations, otherwise known as the 1961 Rome Convention, of which the Republic of the Philippines is a signatory, is “the simultaneous broadcasting by one broadcasting organization of the broadcast of another broadcasting organization.” XXX Under the Rome Convention, rebroadcasting is "the simultaneous broadcasting by one broadcasting organization of the broadcast of another broadcasting organization.” The Working Paper prepared by the Secretariat of the Standing Committee on Copyright and Related Rights defines broadcasting organizations as "entities that take the financial and editorial responsibility for the selection and arrangement of, and investment in, the transmitted content." Broadcasting organizations are entitled to several rights and to the protection of these rights under the Intellectual Property Code. XXX, News as expressed in a video footage is entitled to copyright protection. i izatic i ighbori Copyrightability of a work is different from fair use of a work for purposes of news reporting.” ABS-CBN Corp. vs. Felipe Gozon, etal, G.R. No, 195956, March 11, 2015, 780CHAPTER yy OWNERSHIP OF COPYRIGHT 178. Rules on Copyright ¢ . iegoverned by the following rules: >” Copyright ownership shall . Subject to th isi 7 ey and artistic wong ons Of this section, in the case of original Works » Copyright shall belong to the author of the In the cas, i ” ginal owners of the cop thors the co-authors shall be one and in the ab: seit rights shall be governed by the rules on coownersbip. "t nowever, a work of joint authorship 178.3. In the case of work created bi anal i 7 course of his employment, the copyright shall belong and in the (a) The employee, if the creation of the object of copyright is nota part of his regular duties even if the employee uses the time, facilities and materials of the employer. (b) The employer, if the work is the result of the performance of his regularly-assigned duties, unless there is an agreement, express or implied, to the contrary. 178.4, In the case of a work-commissioned by a person other than an employer of the author and who pays for it and the work is made in pursuance of the commission, the person who so commissioned the work shall have ownership of work, but the copyright thereto shall remain with the creator, unless there is a written stipulation to the contrary; 178.5. 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, However, subject to contrary or other stipulations among the creators, the producers shall exercise the copyright to an extent required for the aan of the work in any manner, except for the right to collect pert orming license fees for the performance of musical compesieons: with or Without words, which are incorporated into the work; an he writ 178.6, : ers, the copyright shall belong to the wiles In respect of letters, the f the Civil Code. (Sec. 6, P. D. Subject to the provisions of Article 723 © No. 49a) Note; 781PART IV - THE LAW ON COPYRIGHT “Ownership of copyrighted material is shown by proof of originality and copyrightability. "8 Sec. 179, Anonymous and Pseudonymous Works. - For purposes of this Act, the publishers shall be deemed to represent the authors of articles and other writings published without the names of the authors or under pseudonyms, unless the contrary appears, or the pseudonyms or adopted name leaves no doubts as to the author's identity, or if the author of the anonymous works discloses his identity. (Sec. 7, P. D. 49) %*Sison Olafo, etal. vs. Lim Eng Co,,G.R No, 195835, March 14, 2016. 782part lV - THE LAW ON COPYRIGHT CHAPTER VII TRANSFER OR ASSIGNMENT OF COPYRIGHT oc. 180. Rights of Assignee, - 180.1. The copyright may be assigned or licensed in whole or in part within the scope of the assignment or license, the assignee or licensee jsentitled to all the rights and remedies which the assignor or licensor jad with respect to the copyright, 480.2. The copyright is not deemed assigned or licensed inter vivos in whole or in part unless there is a written indication of such intention. 480.3. The submission ofa 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 two (2) or more persons jointly own a copyright or any part thereof, neither of the owners shall be entitled to grant licenses without the prior written consent of the other owner or owners. (Sec. 15, P. D. No. 49a) 180.4. Any exclusivity in the economic rights in a work may be exclusively licensed. Within the scope of the exclusive license, the licensee is entitled to all the rights and remedies which the licensor had with respect to the copyright. 180.5. The copyright owner has the right to regular statements of accounts from the assignee or the licensee with regard to assigned or licensed work. (As amended by R.A. No. 10372) Sec. 181. Copyright and Material Object. - The copyright is distinct from 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 or assignment or licensing of the copyright. (Sec. 16, P. D.No, 49) (As amended by R.A. No. 10372) Sec. 182. Filing of Assignment of License. - An assignment or exclusive license may be filed in duplicate with the National Library upon Payment of the prescribed fee for registration in books and records kept for the purpose, Upon recording, a copy of the instrument shall be returned to the sender with a notation of the fact of record. Notice on record shall be published in the IPO Gazette. (Sec. 19, P. D. No. 783 Ez.PART IV - THE LAW ON COPYRIGHT Sec. 183. Designation of Society. - The owners of copyright and related rights or their heirs may designate a society of artists, writers, composers and other right-holders to collectively manage their economic or moral rights on their behalf. For the said societies to enforce the rights of their members, they shall first secure the necessary accreditation from the Intellectual Property Office. (Sec. 32, P.D. No. 49a) (As amended by R.A. No. 10372) 784parTIV- THE LAW ON Copyry CHAPTER vit LIMITATIONS ON COPYRIGHT sec. 184. Limitations on Copyright, - g4.1. Notwithstanding the prov: shall not constitute infringement of us of Chapter V, the following acts copyright: fa work, once it has been lawfully y to the extent justified for the ial ‘om newspaper sand rao inthe orm of press summaries: Provided, mathe source and the mame of the author, if appearing on the work, are mentioned; (Sec. 11, Third Par., P.D. No. 49) (¢ The reproduction or communication to the public by mass media of articles on current political, social, 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 clearly indicated; (Sec. 11, P. D. No. 49) {@ The reproduction and communication to the public of literary, scientific or artistic works as part of reports of current events by means of photography, cinematography or broadcasting to the extent necessary for the purpose; (Sec. 12, P. D. No. 49) () The inclusion of a work in a publication, broadcast, or other communication to the public, sound recording or film, if such inclusion is made by way of illustration for teaching purposes and is compatible with fair use: Provided, That the source and of the name of the author, ifappearing in the work, are mentioned; . ; (0 The recording made in schools, universities, or educational institutions of a work included in a broadcast for the use of such schools, universities or educational institutions: Provided, That such recording must be deleted within a reasonable period after they were first broadcast: Provided, further, That such recording may not be made from audiovisual works which are part of the general cinema Tepertoire of feature films except for brief excerpts of the work; ©) The ing of ephemeral recordings by a broadcasting making 7 ind for use in its own “rganization by means of its own facilities al roadcast; (t) The use made of a work by or un Government, by the National Library oF 785 purpose, including quotations der the direction or control of the by educational, scientific orPART IV - THE LAW ON COPYRIGHT professional institutions where such use is in the public interest and Is compatible with fair use; (i) The public performance or the communication to the public of a work, in a place where no admission fee is charged in respect of such public performance or communication, by a club or institution for charitable or educational purpose only, whose aim is not profit making, subject to such other limitations as may be provided in the Regulations; (n) (j) Public display of the original or a copy of the work not made by means of a film, slide, television image or otherwise on screen or by means of any other device or process: Provided, That either the work has been published, or, that original or the copy displayed has been sold, given away or otherwise transferred to another Person by the author or his successor in title; Gq) Any use made of a work for the purpose of any judicial proceedings or for the giving of professional advice by a legal practitioner; and (1) The reproduction or distribution of published articles or materials in a specialized format exclusively for the use of the blind, visually - and reading - impaired persons: Provided, That such copies and distribution shall be made on a nonprofit basis and shall indicate the copyright owner and the date of the original publication. (As amended by R.A. No 10372) Problem: A, B, and C are authors and copyright owners of duly issued certificates of copyright registration covering their published works, produced through their combined resources and efforts, entitled COLLEGE ENGLISH FOR TODAY (CET for brevity), Books 1 and 2, and WORKBOOK FOR COLLEGE FRESHMAN ENGLISH, Series 1. R and G Co, Inc. are the author/publisher and distributor/seller of another published work entitled "DEVELOPING ENGLISH PROFICIENCY" (DEP for brevity), Books 1 and 2 (1985 edition) which book was covered by copyrights issued to them. In the course of revising their published works, A, B, and C scouted and looked around various bookstores to check on other textbooks dealing with the same subject matter. By chance, they came upon the book of Rand upon perusal of said book they were surprised to see that the book was strikingly similar to the contents, scheme of presentation, illustrations and illustrative examples in their own book, CET. After an itemized examination and comparison of the two books (CET and DEP), A, B, and C found that several Pages of R's book are similar, 786F pati THE LAW ON COPYRIGHT at all together a copy of A, B, and C's book, which is a case of plagiarism ; nd copyright infringement. a A,B, and C then made demands for damages against R and G Co. and jso demanded that they cease and desist from further selling and istributing to the general public the infringed copies of respondent R's works. However, R and G Co. ignored the demands, hence, A, B, and C filed a plaint for "Infringement and/or unfair competition with damages" orm] ve inst Rand G CO. against In the complaint, A, B, and C alleged that in 1985, R being substantially familiar with the contents of A, B, and C's works, and without securing their permission, lifted, copied, plagiarized and/or transposed certain portions of their book CET. The textual contents and illustrations of cer were literally reproduced in the book DEP. The plagiarism, incorporation and reproduction of particular portions of the book CET in the book DEP, without the authority or consent of A, B, and C, and the nisrepresentations of R that the same was her original work and concept adversely affected and substantially diminished the sale of A, B, and C's book and caused them actual damages by way of unrealized income. Despite the demands of A, B, and C for R and G Co. to desist from committing further acts of infringement and for R to recall DEP from the market, R and G Co. refused. A, B, and C asked the court to order the submission of all copies of the book DEP, together with the molds, plates and films and other materials used in its printing destroyed, and for R and G Co. to render an accounting of the proceeds of all sales and profits since the time of its publication and sale. R was impleaded in the suit because she authored and directly committed the acts of infringement complained of, while G Co. was impleaded as the publisher and joint co-owner of the copyright certificates of registration covering the two books authored and caused to be published Rwith obvious connivance with one another. C jgq & 00» Inc. filed its answer to the complaint and alleged that A, B, and had no cause of action against G Co. since it was not privy to the ‘istepresentation, plagiarism, incorporation and reproduction of the fartons of the book of A, B, and C; that there was an agreement between G aa R that R guaranteed G Co. that the materials utilized in the script were her own or that she had secured the necessary permission 787PART IV - THE LAW ON COPYRIGHT from contributors and sources; that the author assumed sole respo and held the publisher without any liability. lity R filed her answer, and denied the allegations of plagiarism and copying that A, B, and C claimed. R stressed that (1) the book DEP is the product of her independent researches, studies and experiences, and was not a copy of any existing valid copyrighted book; (2) DEP followed the scope and sequence or syllabus which are common to all English grammar writers as recommended by the Association of Philippine Colleges of Arts and Sciences (APCAS), so any similarity between R's book and that of A, B, and C was due to the orientation of the authors to both works and standards and syllabus; and (3) the similarities may be due to the authors’ exercise of the "right to fair use of copyrighted materials, as guides." Whether or not, despite the apparent textual, thematic and sequential similarity between DEP and CET, R committed no copyright infringement. Answer: The complaint for copyright infringement was filed at the time that Presidential Decree No. 49 was in force. At present, all laws dealing with the protection of intellectual property rights have been consolidated and as the law now stands, the protection of copyrights is governed by Republic Act No. 8293. Notwithstanding the change in the law, the same principles are reiterated in the new law under Section 177. It provides for the copy or economic rights of an owner of a copyright as follows: Sec. 177. Copy or Economic rights. — Subject to the provisions of chapter VIII, copyright or economic rights shall consist of the exclusive right to carry out, authorize or prevent the following acts: 177.1 Reproduction of the work or substantial portion of the work; 177.2 Dramatization, translation, adaptation, abridgement, arrangement or other transformation of the work; 177.3 The first public distribution of the original and each copy of the work by sale or other forms of transfer of ownership; 177.4 Rental of the original or a copy of an audiovisual or cinematographic work, a work embodied in a sound recording, a computer program, a compilation of data and other materials or @ musical work in graphic form, irrespective of the ownership of the original or the copy which is the subject of the rental; (n) 177.5 Public display of the original or copy of the work: 177.6 Public performance of the work; and 177.7 Other communication to the public of the work 788AW ON COPYRIGHT The law al: rovi r nai also provided for the limitations on copyright, thus: Sec. 1841 Limitations on copyright. — Notwithstanding the Provisions of Chapter V, the following acts shall not constitute infringement of copyright: 0) ad recitation or performance of a work, once it has been lawfully made accessible to the public, if done privately and free of charge or if made strictly for a charitable or religious institution or society; [Sec. 10(1), P.D. No. 49] (b) The making of quotations from a published work if they are compatible with fair use and only to the extent justified for the purpose, including quotations from newspaper articles and periodicals in the form of press summaries; Provided, that the source and the name of the author, if appearing on the work are mentioned; (Sec. 11 third par. P.D. 49) XXX XXX XXX (e) The inclusion of a work in a publication, broadcast, or other communication to the public, sound recording of film, if such inclusion is made by way of illustration for teaching purposes and is compatible with fair use: Provided, That the source and the name of the author, if appearing in the work is mentioned; In the above quoted provisions, "work" has reference to literary and artistic creations and this includes books and other literary, scholarly and scientific works. A perusal of the records yields several pages of the book DEP that are similar if not identical with the text of CET. In several other pages the treatment and manner of presentation of the topics of DEP are similar if nota rehash of that contained in CET. We believe R's act of lifting from the book of A, B, and C substantial Portions of discussions and examples, and her failure to acknowledge the same in her book is an infringement of A, B, and C's copyright. When is there a substantial reproduction of a book? It does not Necessarily require that the entire copyrighted work, or even a large portion Sf, be copied. If so much is taken that the value of the original work is Substantially diminished, there is an infringement of copyright and to an ‘jurious extent, the work is appropriated. 789PART IV - THE LAW ON COPYRIGHT In determining the question of infringement, the amount of matter copied from the copyrighted work is an important consideration. To constitute infringement, it is not necessary that the whole or even a large portion of the work shall have been copied. If so much is taken that the value of the original is sensibly diminished, or the labors of the original author are substantially and to an injurious extent appropriated by another, that is sufficient in point of law to constitute piracy. ‘The essence of intellectual piracy should be essayed in conceptual terms in order to underscore its gravity by an appropriate understanding thereof, Infringement of a copyright is a trespass on a private domain owned and occupied by the owner of the copyright, and, therefore, protected by law, and infringement of copyright, or piracy, which is a synonymous term in this connection, consists in the doing by any person, without the consent of the owner of the copyright, of anything the sole right to do which is conferred by statute on the owner of the copyright. The respondents’ claim that the copied portions of the book CET are also found in foreign books and other grammar books, and that the similarity between her style and that of A, B, and C cannot be avoided since they come from the same background and orientation may be true. However, in this jurisdiction under Sec 184 of Republic Act 8293 it is provided that: Limitations on Copyright. Notwithstanding the provisions of Chapter V, the following shall not constitute infringement of copyright: XXX XXX XXX (¢) The making of quotations from a published work if they are compatible with fair use and only to the extent justified for the purpose, including quotations from newspaper articles and periodicals in the form of press summaries: Provided, That the source and the name of the author, if appearing on the work, are mentioned. A copy of a piracy is an infringement of the original, and it is no defense that the pirate, in such cases, did not know whether or not he was infringing any copyright; he at least knew that what he was copying was not his, and he copied at his peril. 790paRT IV- THE LAW ON Copyrignt The next question to resolve injurious to the author of the book bein, similarities in some sections of the boo the same? is to what extent can copying be ig Copied. Is it enough that there are ks or large segments of the books are In the case at bar, there is coveral pages of the books no question that A, B, and C presented CET and DEP that contents. It may be correct that the books being Sonat pools may contain materials similar as to some technical contents with other grammar pooks, such as the segment about the "Author Card". However, the qumerous pages that A, B, and C presented showing similarity in the style and the manner the books were presented and the identical examples can not pass as similarities merely because of technical consideration. Rand G Co. claim that their similarity in style can be attributed to the fact that both of them were exposed to the APCAS syllabus and their respective academic experience, teaching approach and methodology are almost identical because they were of the same background. However, the Supreme Court believe that even if A, B, and C and R were of the same background in terms of teaching experience and orientation, it is not an excuse for them to be identical even in examples contained in their books. The similarities in examples and material contents are so obviously present in this case. How can similar/identical examples not be considered as a mark of copying? We consider as an indicia of guilt or wrongdoing the act of R of pulling out from Goodwill bookstores the book DEP upon learning of A, B, and C's complaint while pharisaically denying A, B, and C's demand. It was further noted that when the book DEP was re-issued as a revised version, all the pages cited by A, B, and C to contain portion of their book College English for ‘Today were eliminated. In caseé of infringement, copying alone is not what is prohibited. The copying must produce an "injurious effect". Here, the injury consists in that R lifted from A, B, and C's book materials that were the result of the latter's research work and compilation and misrepresented them as her own, She circulated the book DEP for commercial use did not acknowledged 4.B,and Cas her source. ation of copyrighted work for 4, as authors is the product of d for another to represent itas her own the purpose is to give protection to Hence, there is a clear case of approprl het benefit that R committed. A, B, and C's wor thei long and assiduous research an S injury enough, In copyrighting books, 791PART IV - THE LAW ON COPYRIGHT the intellectual product of an author. This is precisely what the law on copyright protected, under Section 184.1 (b). Quotations from a published work if they are compatible with fair use and only to the extent justified by the purpose, including quotations from newspaper articles and periodicals in the form of press summaries are allowed provided that the source and the name of the author, if appearing on the work, are mentioned. In the case at bar, the least that R could have done was to acknowledge A, B, and C as the source of the portions of DEP. The final product of an author's toil is her book. To allow another to copy the book without appropriate acknowledgment is injury enough. 184.2. The provisions of this section shall be interpreted in such a way as to allow the work to be used in a manner which does not conflict with the normal exploitation of the work and does not unreasonably prejudice the right holder's legitimate interest. Sec. 185, Fair Use of a Copyrighted Work. - 185.1. The fair use of a copyrighted work for criticism, comment, news reporting, teaching including limited copies for classroom use, scholarship, research, and similar purposes is not an infringement of copyright. Decompilation, which is understood here to be the reproduction of the code and translation of the forms of the computer program to achieve the inter-operability of an independently created computer program with other programs may also constitute fair use under the criteria established by this section, to the extent that such decompilation is done for the purpose of obtaining the information necessary to achieve such interoperability. In determining whether the use made of a work in any particular case is fair use, the factors to be considered shall include: (a) The purpose and character of the use, including whether such use is of a commercial nature or is for non-profit education purposes; (b) The nature of the copyrighted work; (c) The amount and substantiality of the portion used in relation to the copyrighted work as a whole; and (d) The effect of the use upon the potential market for or value of the copyrighted work. 185.2 The fact that a work is unpublished shall not by itself bar a finding of fair use if such finding is made upon consideration of all the above factors. see Pacita I. Habana, etal. vs. Flicidad C. Robles and Goodwill Trading Co, Inc, G.R. No, 131522, July 19, 1999. 792ry part 1V- THE LAW ON COPYRIGHT determinin, ii In 8 fair use, several factors are considered, including nature of the copyrighted wor] on i person used in rel , and the amount and substantiality of ation to the copyrighted work as a whole? Copyright protection is not absolut: poids the imitations on copyrighe lute. The Intellectual Property Code CHAPTER VIII LIMITATIONS ON COPYRIGHT Section 164, Hinvtations on Copyright. - 184.1. Notwithstanding the provi of Chapter V, the following acts shall not constitute infringement of copyright: XXX 184.2. The provisions of this section shall be interpreted in such a way as to allow the work to be used ina manner which does not conflict with the normal exploitation of the work and does not unreasonably prejudice the right holder's legitimate interests. XOX CHAPTER XV LIMITATIONS ON PROTECTION Section 212, Limitations on Rights. - Sections 203, 208 and 209 shall not apply where the acts referred to in those Sections are related to: wax 212.2. Using short excerpts for reporting current events; mx y 212.4. Fair use of the broadcast subject to the conditions under Section 185,(Sec. 44, P.D. No. 49a) The determination of what constitutes fair use depends on several factors, Section 185 of the Intellectual Property Code states: SECTION 185, Fair Use of a Copyrighted Work. — » SS.CBN Corp.ys, Felipe Gozon, etal, GR. No. 195956, March 14,2015. 793PART IV - THE LAW ON COPYRIG! 185.1. The fair use of a copyrighted work for criticism, comment, news reporting, teaching including multiple copies for classroom use, scholarship, research, and similar purposes is not an infringement of copyright. ... In determining whether the use made of a work in any particular case is fair use, the factors to be considered shall include: a, The purpose and character of the use, including whether such use is of a commercial nature or is for non-profit educational purposes; b. The nature of the copyrighted work; c. The amount and substantiality of the portion used in relation to the copyrighted work as a whole; and d. The effect of the use upon the potential market for or value of the copyrighted work. This court defined fair use as "a privilege to use the copyrighted material in a reasonable manner without the consent of the copyright owner or as copying the theme or ideas rather than their expression." Fair use is an ic i r’s monopoly of the use i fling" rw foster.” Determining fair use requires application of the four-factor test. Section 185 of the Intellectual Property Code lists four (4) factors to determine if there was fair use of a copyrighted work: a. The purpose and character of the use, including whether such use is of a commercial nature or is for non-profit educational purposes; b, The nature of the copyrighted work; c. The amount and substantiality of the portion used in relation to the copyrighted work as a whole; and d. The effect of the use upon the potential market for or value of the copyrighted work. First, the purpose and character of the use of the copyrighted material must fall under those listed in Section 185, thus: “criticism, comment, news reporting, teaching including multiple copies for classroom use, scholarship, research, and similar purposes." The purpose and character requirement is important in view of copyright's goal to promote creativity and encourage creation of works. Hence, commercial use of the copyrighted work can be weighed against fair use. 794parT IV- THE LAW ON COPYRIGHT “transformative test” j te er of the usage ot ke Senerally used in reviewing the purpose and camtner the COPY of the wor eeTghted work. Tis court must look into to transform it into something else, "pierre ssiom Meaning or message” : ’ e. "Meta-use" ° necessarily transforming the copyrighted workused et without second, the nature of the co sihether its Use was fair, J te eted work is significant in deciding 7 third, the amount and substantiali determine whether usage falls und ei compared to a small portion of it, can result in the , use is not fair. There may also be cases where, though the entirety of the copyrighted work is used without consent, its purpose determines that the usage is still fair. For example, a parody using a substantial amount of copyrighted work may be permissible as fair use as opposed to a copy of a work produced purely for economic gain. Lastly, the effect of the use on the copyrighted work's market is also weighed for or against the user. If this court finds that the use had or will have a negative impact on the copyrighted work’s market, then the use is deemed unfair. The structure and nature of broadcasting as a business requires assigned values for each second of broadcast or airtime. In most cases, broadcasting organizations generate revenue through sale of time or timeslots to advertisers, which, in turn, is based on market share: Once a news broadcast has been transmitted, the broadcast becomes relatively worthless to the station. In the case of the aerial broadcasters, advertising sales generate most of the profits derived from news reports. Advertising rates are, in turn, governed by market share, Market share is determined by the number of/people watching a show at any particular time, relative to total viewers at that time. News is by nature time-limited, and so re- broadcasts are generally of little worth because they draw few viewers. Newscasts compete for market share by presenting their news in an appealing format that will capture a loyal audience. Hence, the primary Teason for copyrighting newscasts by broadcasters would seem ha be to Prevent competing stations from rebroadcasting current news from the Station with the best coverage of a particular news item, thus "isappropriating a portion of the market share. e are exceptions to this perfect i Id ther PF course, in the reat Iso many caveats with these “nomic view, However, there are al 795PART IV - THE LAW ON COPYRIGHT exceptions. A common exception is that some stations rebroadcast the news of others, The caveat is that generally, the two stations are not competing for market share. CNN, for example, often makes news stories available to local broadcasters. First, the local broadcaster is often not affiliated with a network (hence its need for more comprehensive programming), confining any possible competition to a small geographical area. Second, the local broadcaster is not in competition with CNN. Individuals who do not have cable TV (or a satellite dish with decoder) cannot receive CNN; therefore there is no competition. ... Third, CNN sells the right of rebroadcast to the local stations. Ted Turner, owner of CNN, does not have First Amendment freedom of access argument foremost on his mind, (Else he would give everyone free cable TV so everyone could get CNN.) He is in the business for a profit. Giving away resources does not a profit make. The high value afforded to limited time periods is also seen in other media. In social media site Instagram, users are allowed to post up to only 15 seconds of video. In short-video sharing website Vine, users are allowed a shorter period of six (6) seconds per post. The mobile application 1 Second Everyday takes it further by capturing and stitching one (1) second of video footage taken daily over a span of a certain period?! Sec. 186. Work of Architecture. - Copyright in a work of architecture shall include the right to control the erection of any building which reproduces the whole or a substantial part of the work either in its original form or in any form recognizably derived from the original; Provided, That the copyright in any such work shall not include the right to control the reconstruction or rehabilitation in the same style as the original ofa building to which the copyright relates. (n) Sec. 187. Reproduction of Published Work. - 187.1. Notwithstanding the provision of Section 177, and subject to the provisions of Subsection 187.2, the private reproduction of a published work in a single copy, where the reproduction is made by a natural person exclusively for research and private study, shall be permitted, without the authorization of the owner of copyright in the work, 187.2. The permission granted under Subsection 187.1 shall not extend to the reproduction of: (a) A work of architecture in form of building or other construction; (b) An entire book, or a substantial past thereof, or of a musical work in which graphics form by reprographic means; (c) A compilation of data and other materials; 3 ABS-CBN Corp. vs. Felipe Gozon, etal, G.R.No. 195956, March 11, 2015, 796part IV- THE LAW ON COPYRIGHT @ anne program except as provided in Section 189; and Os 7 with a normal e where reproduction would unreasonably onflicl bly prejudi exploitation of the work or would otherwise ynreasonably prejudice the legitimate interests of the author. (n) 188. Reprographic Rey apt ee Notwithstanding the provisions eee ' 188.1. Ne 6 the provisions of Subsection 177.6, any library or archive whose activities are not for profit may, without the authorization of the author of copyright owner, make a limited number of sin of the work, as may be necessary for such institutions to fu fill their mandate, by reprographic reproduction: a) Where the work by reason of its fragile character or rarity cannot pe lent to user in its original form; Where the works are isolated articles contained in composite works or brief portions of other published works and the reproduction is necessary to supply them; when this is considered expedient, to person requesting their loan for purposes of research or study instead oflending the volumes or booklets which contain them; and (¢) Where the making of such limited copies is in order to preserve and, if necessary in the event that it is lost, destroyed or rendered unusable, replace a copy, or to replace, in the permanent collection of another similar library or archive, a copy which has been lost, destroyed or rendered unusable and copies are not available with the publisher. (As amended by R.A. No. 10372) 198.2. Notwithstanding the above provisions, it shall not be permissible to produce a volume of a work published in several volumes or to produce missing tomes or pages of magazines or similar works, unless the volume, tome or part is out of stock; Provided, That every library which, by law, is entitled to receive copies of a printed work, shall be entitled, when special reasons so require, to reproduce a copy of a published work which is considered necessary for the collection of the library but which is out of stock. (Sec. 13, P. D. 49a) Sec, 189, Reproduction of Computer Program. - 189.1, Notwithstanding the provisions of Section 177, the reproduction in one (1) back-up copy or adaptation of a computer program shall be Permitted, without the authorization of the author of, or other owner of copyright in, a computer program, by the lawful owner of that puter program: Provided, That the copy or adaptation is necessary lor: gram in conjunction with a computer t, for which the computer program & The use of the computer Pro} he the purpose, and to the exten! '’s been obtained; and 797PART IV - THE LAW ON COPYRIGHT (b) Archival purposes, and, for the replacement of the lawfully owned copy of the computer program in the event that the lawfully obtained copy of the computer program is lost, destroyed or rendered unusable, 189.2. No copy or adaptation mentioned in this Section shall be used for any purpose other than the ones determined in this Section, and any such copy or adaptation shall be destroyed in the event that continued possession of the copy of the computer program ceases to be lawful. 189,3, This provision shall be without prejudice to the application of Section 185 whenever appropriate. (n) Sec. 190. Importation and Exportation of Infringing Materials - Subject to the approval of the Secretary of Finance, the Commissioner of Customs is hereby empowered to make rules and regulations for preventing the importation or exportation of infringing articles prohibited under Part IV of this Act and under relevant treaties and conventions to which the Philippines may be a party and for seizing and condemning and disposing of the same in case they are discovered after they have been imported or ‘before they are exported. (Sec. 30, P. D. No. 49) (As amended by R.A. No. 10372) 798ig paRT IV- THE LAW ON COPYRIGHT CHAPTER IX DEPOSIT AND NOTICE sec. 191. Deposit and Notice of Deposit with the National Library and che Supreme Court Library.- At any time during the subsistence of the copyright, the owner of the copyright or of any exclusive right in the york may, for the purpose of completing the records of the National uibrary and the Supreme Court Library, register and deposit with them, by personal delivery or by registered mail, two (2) complete copies or reproductions of the work in such form as the Directors of said ibraries may prescribe in accordance with regulations: Provided, ‘That only works in the field of law shall be deposited with the Supreme court Library. Such registration and deposit is not a condition of consent protection. (Sec. 26, P.D. No. 49a) (As amended by R.A. No. 103 sec. 192. Notice of Copyright.- Each copy of a work published or | offered for sale may contain a notice bearing the name of the copyright owner, and the year of its first publication, and, in copies produced after the creator's death, the year of such death. (Sec. 27, P. D. No. 49a) Note: In a Memorandum of Agreement (MOA) signed on January 25, 2011, the National Library of the Philippines (NLP) deputized the Intellectual Property Offce as a receiving office for the registration and deposit of copyrighted works.2? Rule Il of the Rules and Regulations on Copyright Registration and Deposit states, thus: RULE IT REQUIREMENTS FOR APPLICATION Section 1. Who may Apply. The author or creator of the work, his heirs, or assignee, may apply for a certificate of copyright registration and deposit. They may apply in person, or through a duly authorized representative. Non- resident applicants may be represented by a duly authorized resident agent. Section 2. Documentary requirements. The duly accomplished registration and deposit form (RDF) must be filed in duplicate for each work, together with the original or certified copy of the following documents: @ Document evidencing ownership of the copyright or the manner of its acquisition: ~——————————_— "Ses andReulaions on Copyright Repstration and Depost 799PART IV - THE LAW ON COPYRIGHT () for authors or creators: affidavit under Sec. 218 of RA, 8293, the Intellectual Property Code of the Philippines (1p Code); (ii) ‘for heirs: affidavit under Sec. 218 of IP Code; death certificate of author or creator; and birth certificate (for children), or marriage certificate (for spouse), or will/any document evidencing designation as heir (for heirs other than spouse or children); Provided, that, for heirs other than spouse or children, the aforementioned affidavit shall contain @ statement that there are no other existing heirs and a statement indicating the relationship with deceased author, if related by consanguinity; (ii) for assignees: affidavit under Sec. 218 of IP Code and deed of assignment or any instrument transferring or waiving ownership of copyright; b. Document evidencing identity of the applicant @ for natural persons: any competent evidence of identity, which refers to the identification of an individual based on: (a) at least one current identification document issued by an official agency bearing the photograph and signature of the individual; or (b) oath or affirmation of one credible witness not privy to the instrument, document or transaction who is personally known to the notary public and who personally knows the individual, or of two credible witnesses neither of whom is privy to the instrument, document or transaction who each personally knows the individual and shows to the notary public documentary identification. (i) for juridical persons: certificate of registration issued by the Securities and Exchange Commission (for corporations) or certificate of registration issued by the Department of Trade and Industry (for single proprietorships and only if the author is other than the owner of the single proprietorship). c. Document evidencing authority to represent (i.e. with authority to sign in behalf of) another person/entity: () for representatives of natural persons: special power of attorney; (ii) for representatives of juridical persons: board resolution or secretary's certificate; 800parTiV- THE LAW ON Copyrigurr a. Official receipt of the Silir i made through the deposing tar 2. Work to be deposited xxx. ° lated deposit slip if payment is section 3. Filing Fee. A fee structure shall be adopted in accordance with the jpCode and relevant laws or regulations. The filing fee shall be comprised of a tasic fee, which includes the fund-in-trust for National Library of the priippines (NLP) equivalent to fees imposed on copyright registrations and tne administrative expenses incurred by Intellectual Property Office of the philippines (IPOPHL). An additional fee shall be charged to cover the expenses of sending the deposited works to IPOPHL Manila as well as sending the tertficates directly to the address of the applicant. ‘he foe covering administrative expenses may be granted by IPOPHL to NLP upon formal request by the latter and approval of a project proposal related toenhancement of copyright services. XXX’ 801PART IV - THE LAW ON COPYRIG! CHAPTER X MORAL RIGHTS Sec, 193.Scope of Moral Rights.- The author of a work shall, independently of the economic rights in Section 177 or the grant of an assignment or license with respect to such right, have the right: 193.1. To require that the authorship of the works be attributed to him, in particular, the right that his name, as far as practicable, be indicated in a prominent way on the copies, and in connection with the public use of his work; 193.2. To make any alterations of his work prior to, or to withhold it from publication; 193.3. To object to any distortion, mutilation or other modification of, or other derogatory action in relation to, his work which would be Prejudicial to his honor or reputation; and 193.4, To restrain the use of his name with respect to any work not of his own creation or in a distorted version of his work. (Sec. 34, P. D. No. 49) Sec. 194. Breach of Contract.- An author cannot be compelled to perform his contract to create a work or for the publication of his work already in existence. However, he may be held liable for damages for breach of such contract. (Sec. 35, P. D. No. 49) Sec. 195. Waiver of Moral Rights.- An author may waive his rights mentioned in Section 193 by a written instrument, but no such waiver shall be valid where its effects is to permit another: 195.1. To use the name of the author, or the title of his work, or otherwise to make use of his reputation with respect to any version or adaptation of his work which, because of alterations therein, would substantially tend to injure the literary or artistic reputation of another author; or 195.2. To use the name of the author with respect to a work he did not create. (Sec. 36, P. D. No. 49) Sec. 196.Contribution to Collective Work.- When an author contributes to a collective work, his right to have his contribution attributed to him is deemed waived unless he expressly reserves it. (Sec. 37. P. D. No. 49) Sec. 197. Editing, Arranging and Adaptation of Work. - In the absence of a contrary stipulation at the time an author licenses or permits another to use his work, the necessary editing, arranging or adaptation of such work, for publication, broadcast, use in a motion picture, B02pARTIV - THE LAW ON Copypigyy sec. 198. Term of Moral Rights, - 198.1. The right of an author under §, lifetime of the author and in under Sections 193,2, 193: economic rights, the moral license. The person or pe enforcement of these righ Section 193.1 shall last during the Perpetuity after his death while the rights 3, 193.4, shall be coterminous with the rights shall not be assignable or subject to a mie charged with the posthumous fc ‘all be named in a wri i which shall be filed with the National Library. In cettltofauch person or persons, such enforcement shall devolve upon either the author's heirs, and in default of the heirs, the Director of the National Library. (As amended by R.A. No. 10372) 198.2. For purposes of this Section,"Person" shall mean any individual, partnership, corporation, association, or society. The Director of the National Library may prescribe reasonable fees to be charged for his services in the application of provisions of this Section. (Sec. 39, P. D. No. 49) Sec. 199. Enforcement Remedies.- Violation of any of the rights conferred by this Chapter shall entitle those charged with their enforcement to the same rights and remedies available to a copyright owner, In addition, damages which may be availed of under the Civil Code may also be recovered. Any damage recovered after the creator's death shall be held in trust for and remitted to his heirs, and in default of the heirs, shall belong to the government. (Sec. 40, P. D. No. 49) g03PART IV - THE LAW ON COPYRIGHT CHAPTER XI RIGHTS TO PROCEEDS IN SUBSEQUENT TRANSFERS Sec. 200. Sale or Lease of Work. - In every sale or lease of an original work of painting or sculpture or of 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 (5%). This right shall exist during the lifetime of the author and for fifty (50) years after his death. (Sec. 31, P. D. No. 49) Sec, 201. Works Not Covered. - The provisions of this Chapter shall not apply to prints, etchings, engravings, works of applied art, or works of similar kind wherein the author primarily derives gain from the proceeds of reproductions. (Sec. 33, P. D. No. 49) 804Fr part iV- THE LAW ON copyrigur CHAPTER RIGHTS a RECORDINGS oO MERS, PRODUCERS OF SOUNDS BROADCASTING ORGANIZATIONS ec. 202+ Definitions.- For the . sei nave the following Wine Purpose of this Act, the following terms 202-1. "performers" are actors, sii ici ersons Who act, sing, declaim, a musicians, dancers, and other ferary and artistic work; , play in, interpret, or otherwise perform 2.2."Sound recording" . ace eas i means the fixation of the sounds of a Poo the fi T sounds, or representation of sound, other than in the form of a fixation incorporated in a cinemato; phic or other audiovisual work; ematographic 0! . An "audiovis fon" I 202.3. Seed isual work or fixation" is a work that consists of a series of related images which impart the impression of motion, with or without accompanying sounds, susceptible of being made visible and, where accompanied by sounds, susceptible of being made audible; 202.4. “Fixation” means the embodiment of sounds, or of the representations thereof, from which they can be perceived, reproduced or communicated through a device; 202.8, "Producer of a sound recording" means the person, or the legal entity, who or which takes the initiative and has the responsibility for the first fixation of the sounds ofa performance or other sounds, or the representation of sounds; 2026. ‘Publication of a fixed performance or a sound recording” means the offering of copies of the fixed performance or the sound recording to the public, with the consent of the right holder: Provided, That copies are offered to the publicin reasonable quality; 2027, “Broadcasting” means the transmission by wireless means for the public reception of sounds or of images or of representations thereof; such transmission by satellite is also "broadcasting" where the means for decrypting are provided to the public by the broadcasting sent; ization” Ss organization or with its com: all include a natural person or a ge in broadcasting; and ‘2 performance or a sound e public, by any medium, 5 of a performance or the sound recording. For purposes of a on ‘the public" includes making the nds fixed in a sound recording the public of ission to th of sound: 202.9,"Communication to tecording” means the transm otherwise than by broadcasting, Tepresentations of soum Section 209, "communicatio’ Sounds or representations of sou audible to the public. 805