COPYRIGHT

What are the Rights Conferred to the

Author of a Work?

The author of a work has copy or economic

rights, as well as moral rights over the work.
The author has the exclusive right to carry
out, authorize or prevent the:

1. Reproduction of the work or substantial

portion of the work;

2. Dramatization, translation, adaptation,

abridgment, arrangement or other
transformation of the work;
The author has the exclusive right to carry
out, authorize or prevent the:

3. The first public distribution of the original

and each copy of the work by sale or other
forms of transfer of ownership;
The author has the exclusive right to carry
out, authorize or prevent the:

4. Rental of the original or a copy of an audio-

visual 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;
The author has the exclusive right to carry
out, authorize or prevent the:

5. Public display of the original or a copy of the

work;

6. Public performance of the work; and

7. Other communication to the public of the

work.
Moral rights confer the following on the
author of a work:
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;

2. To make any alterations of his work prior to,

or to withhold it from publication;
Moral rights confer the following on the
author of a work:
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

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.
Can a copyright be transferred or assigned?

Yes. Copyright can be transferred or assigned in

whole or in part.
Is the sale of an original work, for example
a painting, equivalent to the transfer of the
copyright therein?
No. The copyright is distinct from the object or
property subject to it. Consequently, the transfer
or assignment of the copyright does not
necessarily constitute a transfer of the object.
Nor shall a transfer or assignment of the copy or
several copies of the work imply a transfer or
assignment of the copyright.
 What is the extent of authority granted to
the publisher of newspapers, periodicals or
magazines when a work is submitted for
publication?
The authority constitutes only a license to make
a single publication unless expressly stated
otherwise. If the copyright is owned by more
than 1 person, neither of the owners shall be
entitled to grant a license without the prior
written consent of the other owner or owners.
What is the extent of copyright protection
in works of architecture?
Copyright in a work of architecture includes the right
to control the erection of any building, which
reproduces the whole or substantial part of the work
either in its original form or in any form recognizably
derived from the original. It shall not include the right
to control the reconstruction or rehabilitation in the
same style as the original of the building to which the
copyright relates.
Can a computer program be reproduced
without violating the author’s copyright?
Yes, in cases of fair use. Decompilation, which is 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 constitutes fair use and
is allowed.
Reproduction in one (1) back-up copy or adaptation of
a computer program or adaptation of a computer
program is permitted, without the authorization of the
author or owner of the copyright, provided that the
copy or adaptation is necessary for:

(a) the use of the computer program in conjunction

with a computer for the purpose, and to the extent, for
which the computer program has been obtained; and
(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.
Other than the Intellectual Property Code
of the Philippines, is there any special law
that ensures the protection to copyright
owners of audio-visual works?

Yes, the Optical Media Act of 2003. This Act regulates

the manufacture, mastering, replication, importation
and exportation of optical media in which information,
including sounds and/or images, or software code, has
been stored, either by mastering and/or replication.
Under the Optical Media Act, any person,
establishment or entity shall, prior to engaging in one
or more of the following business or activities, register
with and secure the appropriate licenses from the
Optical Media Board (OMB):

1.Importation, exportation, acquisition, sale or

distribution of optical media, manufacturing
equipment, parts and accessories and manufacturing
materials used or intended for use in the mastering,
manufacture or replication of optical media;
The Optical Media Act also requires that Source
Identification (SID) Codes, prescribed by the OMB to,
be applied to each and every optical media mastered,
manufactured or replicated including glass masters,
stampers or other parts used for the manufacture of
optical discs.
 What is “fair use”?
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.
 To determine whether use of a work
constitutes fair use, the following factors
are considered:
1.The purpose and character of the use, including
whether such use is of a commercial nature or is for
non-profit educational purposes;
 To determine whether use of a work
constitutes fair use, the following factors
are considered:
2.The nature of the copyrighted work;

3.The amount and substantiality of the portion used in

relation to the copyrighted work as a whole; and

4.The effect of the use upon the potential market for

or value of the copyrighted work.
What constitutes copyright infringement in
the Philippines?
Under Philippine law, copyright infringement occurs when there is a
violation of any of the exclusive economic or moral rights granted to
the copyright owner. It may also consist in aiding or abetting such
infringement. The IP Code also provides for the liability of a person
who at the time when copyright subsists in a work has in his
possession an article which he knows, or ought to know, to be an
infringing copy of the work for the following purposes: (a) selling or
letting for hire, or by way of trade offering or exposing for sale or hire,
the article; (b) distributing the article for the purpose of trade, or for
any other purpose to an extent that will prejudice the rights of the
copyright owner in the work; or (c) trade exhibit of the article in public.
 What are the remedies available to an
owner of a copyright against an infringer?
The copyright owner can file a criminal, civil or
administrative action for copyright infringement. A
criminal case for copyright infringement must be filed
in the court situated in the place where the violation
occurred. The administrative suit is filed at the Bureau
of Legal Affairs at the Intellectual Property Office of
the Philippines. A civil infringement lawsuit is filed in
the appropriate court located at the place where the
defendant resides/is located, or where the plaintiff
resides/is located, at the option of the plaintiff.
 What are the penalties provided by
Philippine law for copyright infringement?
Under Philippine law, copyright infringement is
punishable by the following:

1.Imprisonment of between 1 to 3 years and a fine of

between 50,000 to 150,000 pesos for the first offense.

2.Imprisonment of 3 years and 1 day to six years plus a

fine of between 150,000 to 500,000 pesos for the
second offense.
 What are the penalties provided by
Philippine law for copyright infringement?
Under Philippine law, copyright infringement is
punishable by the following:

3.Imprisonment of 6 years and 1 day to 9 years plus a

fine ranging from 500,000 to 1,500,000 pesos for the
third and subsequent offenses.
 What are the penalties provided by
Philippine law for copyright infringement?

The offending party may also be ordered to pay civil

damages.Injunction and destruction of the infringing
goods or products can also be obtained, as well as
seizure and impounding of any article which may
serve as evidence in the court proceedings.
COPYRIGHT
 What is Copyright?

Copyright is a collection of all rights enjoyed by

the owner of an artistic or literary work.
What are Considered Copyrightable
Works in the Philippines?

Under Philippine law, original intellectual creations in

the literary and artistic domain are copyrightable.
What are Considered Copyrightable
Works in the Philippines?
Books
Pamphlets
Articles and other writings;
(Periodicals and Newspapers)
Lectures
Sermons
Addresses
Dissertations prepared for oral delivery
Letters
What are Considered Copyrightable
Works in the Philippines?
Dramatic or dramatico-musical compositions;
Choreographic works or entertainment in shows;
Musical compositions;
drawing
painting
architecture
sculpture
engraving
lithography
What are Considered Copyrightable
Works in the Philippines?
Models or designs for works of art;
Original ornamental designs or models for articles of
manufacture;
Illustrations
Maps
Plans
Sketches
Charts and three-dimensional works relative to
geography,
What are Considered Copyrightable
Works in the Philippines?
Topography
Architecture or science
Drawings or plastic works of a scientific o r tech n ical
character
Photographic works including works produced by a process
Analogous to photography;
Lantern slides
Audiovisual works and cinematographic works and works
Produced by a process analogous to cinematography or any
Process for making audio-visual recordings;
What are Considered Copyrightable
Works in the Philippines?
Pictorial illustrations
Advertisements
Computer programs.
What are Considered Copyrightable Works
in the Philippines?

Derivative works are also protected as new

works, provided that it does not affect the
existing copyright on original works.
 Derivative works may include:
Dramatizations
Translations
Adaptations
Abridgements
Arrangements, and other alterations of literary music work;
collections of literary, scholarly or artistic works, and
compilations of data and other materials which are original
by reason of the selection or coordination or arrangement of
their contents.
 What Works are Not Protected by
Copyright under Philippine Law?
Copyright protection does not cover:

1. 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;
 What Works are Not Protected by
Copyright under Philippine Law?
Copyright protection does not cover:

2. News of the day and other miscellaneous facts

having the character of mere items of press
information;
 What Works are Not Protected by
Copyright under Philippine Law?
Copyright protection does not cover:

3. Official text of a legislative, administrative or

legal nature, as well as any official translation
thereof;

4. Work of the Philippine Government, unless

there was a prior approval by the appropriate
government agency; and
 What Works are Not Protected by
Copyright under Philippine Law?
Copyright protection does not cover:

5. 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.
Is a Copyright Registration Necessary to
Protect Artistic or Literary Works?

No, copyrightable works are protected from the

moment of their creation.
Who can apply for a copyright registration?

The owner of the work or his/her assignees or

successors-in-interest has the right to apply for a
copyright registration.
 Who are considered owners of the
copyrightable works?
The owners of original literary and artistic works
are:
1. The author of the work;
2. If the work is of joint ownership:
1.The co-authors are the original owners and in the absence
of agreement, their rights shall be governed by the rules on
co-ownership.

2.The author of each part is the owner of such part he/she

created, if the work consists of parts that can be used
separately and the author of each part can be identified.
 Who are considered owners of the
copyrightable works?
3.If the work is created in the course of
employment:
1.Employee is the owner, if the work created is not
part of employee’s regular duties even if he uses the
time, facilities and materials of the employer;

2.Employer is the owner, if the work created is the

result of the performance of employee’s regularly-
assigned duties, unless otherwise agreed upon.
 Who are considered owners of the
copyrightable works?

4.If the work was commissioned, the one who

commissioned the work jointly owns it with the
author/creator – but the copyright of the work
remains with author/creator, unless otherwise
agreed upon;
 Who are considered owners of the
copyrightable works?
5.In the case of audio-visual work, the copyright
belongs to the producer, the author of the scenario,
the music composer, the film director, and the author
of the work adapted. However, unless otherwise
agreed upon among the creators, the producer has
the right to exercise copyright to the extent required
for the exhibition of the work in any manner, except
for the right to collect license fees for the performance
of musical compositions, with or without words, which
are incorporated into the work.
 Who are considered owners of the
copyrightable works?
6.With respect to letters, the copyright belongs to the
writer subject to the following:

1.Letters and other private communications in writing are

owned by the person to whom they are addressed and
delivered, but the same cannot be published or disseminated
without the consent of the writer or his heirs.

2.However, the court may authorize the publication or

dissemination if the public goods or the interest of justice so
requires.
Can the author or creator waive or transfer
copyright?

Yes, the author/creator of any work can waive or

transfer copyright on his/her work in favor of a
corporation or another individual.
 What is the duration of copyright
protection?
In the Philippines, copyright protection for
artistic, literary and derivative works lasts during
the lifetime of the author plus 50 years after the
author’s death. This term of protection also
applies to posthumous works. In the case of joint
authorship, the economic rights shall be
protected during the lifetime of the last surviving
author plus 50 years after such author’s death.
What is the duration or term of protection
for works with anonymous owner/creator?

In case of anonymous or pseudonymous works,

copyright protection shall last for 50 years from
the date on which the work was first lawfully
published. If the work was not published, it shall
be protected for 50 years counted from the
creation of the work.
What is the duration or term protection for
works of applied art?

Works of applied art shall be protected for 25

years from the date of its creation.
What is the duration or term of protection
for audio-visual works?

Audio-visual works shall be protected for 50

years from the date of publication. If it is
unpublished, it is protected for 50 years from the
date of creation.
What is the duration or term of protection
for performers and producers of sound
recordings?
Performances not incorporated in recordings
shall be protected for 50 years from the end of
the year in which the performance took place.
Sound or image and sound recordings and
performances incorporated therein shall be
protected for 50 years from the end of the year in
which the recording took place.
What is the duration or term of protection
for broadcasts?

Broadcasts shall be protected for 20 years from

the date the broadcast took place