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The Law on Copyright

The Law on Copyright

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Published by cmv mendoza
Prof. Amador's Notes (for those who were unable to copy the file from Sir)
Prof. Amador's Notes (for those who were unable to copy the file from Sir)

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Published by: cmv mendoza on Nov 22, 2009
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10/03/2013

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The Law on Copyright
Changes under the IP Code relating to copopyrightIn summary form, to be discussed in greater detail later, the salientfeatures of the Intellectual Property Intellectual Property Code are asfollows:
The law deleted the deposit and notice requirements under theDecree, which were inconsistent with the Berne Convention
 
 prohibition against any formality requirement as a condition for copyright protection.
The law clarified that copyright includes not just author’s rightof exploitation of the work but also the negative right to prevent theunauthorized exploitation of the works.
The law incorporated the basic concept that works shall be protected by the sole fact of their creation and irrespective of their mode of expression, as well as of their content, quality or purpose.On the other hand, the law reaffirmed the basic principle that no protection shall extend to any idea, procedure, system, method or operation, discovery, concept or mere data.
The law confirmed that protection is extended to databases thatare original by reason of the selection or coordination of arrangementof their contents. There is growing consensus implemented by theTRIPS Agreement that protection should extend to all collections of  pre-existing works, materials or other data that are selected,coordinated or arranged in such a way that the resulting work as awhole constitutes an original work of authorship.
The law made it clear that “other communication to the public of the works” is included among the economic rights comprisingcopyright which by definition includes “broadcast and re-broadcast”of works.
 
The Intellectual Property Code recognized the new concept of “rental or public lending,” which under the TRIPS Agreement should be included among the economic rights of the copyright owner.
The law deleted the provisions of the Decree on translation of works. In lieu of a provision on translation and reproduction of  protected works, the law provided for a possible availment by thePhilippines of the special provisions regarding developing countries,including provisions for licenses granted by competent authorities. 
The law contained new provisions on limitations on copyrightand explicitly provided that the specific acts shall not be consideredinfringement of copyright. The exercise of these authorizedlimitations on copyright is subject to the condition that their exercisewill not unreasonably prejudice the right holder’s legitimate interestsor conflict with the normal exploitation of the works.
The law recognized that the reproduction of computer programs may be permissible under specific limitations mentioned therein.
New Rights Created under the WIPO Copyright Treaty
The WIPO Copyright Treaty, in both its provisions and thesupplemental Agreed Statement
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established several norms aboutapplying copyright law in the digital environment. They include:
copyright owners should have an exclusive right to control themaking of copies of their works in digital form;
copyright owners should have an exclusive right to control thecommunication of their works to the public;
countries can continue to apply existing exceptions andlimitations, such as fair use, as appropriate in the digital environment,and can even create new exceptions and limitations appropriate to thedigital environment;
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available at www.wipo.org/treaties/
 
merely providing facilities for the communication of worksshould not be a basis for infringement liability.
WIPO Copyright Treaty Preserved Fair Use Rights
On the other hand, while the Treaty itself did not specifically use the words “fair use,” the Agreed Statement states that “it is understood that the provisions of Article 10 permit Contracting Parties to carry forward and appropriately extendinto the digital environment limitations and exceptions in their national laws”which have been considered acceptable under the Berne Convention. Similarly,these provisions should be understood to permit Contracting Parties to devise”new exceptions and limitations that are appropriate in the digital networenvironment. It is also understood that Article 10(2) neither reduces nor extendsthe scope of applicability of the limitations and exceptions permitted by the BerneConvention.Purpose of Copyright
The economic philosophy behind the clause empowering Congress togrant patents and copyright is the conviction that encouragement of individual effort by personal gain is the best way to advance publicwelfare through the talents of authors and inventions in the ‘scienceand the arts.
Primary Objective of Copyright
The
 primary objective of copyright is not to reward the labor of authors, but to promote the progress of science and useful arts
. Tothis end, copyright assures authors the right to their originalexpression, but encourages others to build freely upon the ideas andinformation conveyed by a work. This principle, known as theidea/expression or fact/expression dichotomy, applies to all works of authorship.
Balancing of Competing Claims in Copyright
The limited scope of the copyright holder's statutory monopoly, likethe limited copyright duration required by the Constitution, reflects a balance of competing claims upon the public interest:
Creative work is to be encouraged and rewarded, but private motivation must 

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