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10 Maglalang Santos vs., McCullough Printing, 12 SCRA 321 (1964) .......................................................................... 10 (b) Copyright Ownership....................................................... 11 (7) Transfer or Assignment of Copyright.................................... 12 (8) Limitations of Copyright....................................................... 12 (a) Limitations On Copyright ................................................. 12 (b) Fair Use of Work ............................................................. 12 A&M Records Inc. vs. Napster Inc. No. 00-16401 (U.S. Court Decision) ............................................................. 13 Habana vs. Robles G.R. No. 131522, July 19, 1999 ......... 13 (c) Work of Architecture ....................................................... 13 (d) Reproduction of Published Work...................................... 13 (e) Reprographic Reproduction by Libraries .......................... 14 (f) Reproduction of Computer Program ................................. 14 (g) Importation for Personal Purposes .................................. 14 (9) Registration and Deposit with National Library and Supreme Court Library.............................................................................. 14 (10) Moral Rights ....................................................................... 15 (a) Scope of Moral Rights ...................................................... 15 (b) Breach of Contract .......................................................... 15 (c) Waiver of Moral Rights .................................................... 15 (d) Contribution to Collective Work ....................................... 15 (e) Term of Moral Rights ....................................................... 15 (11) Rights to Proceed in Subsequent Transfers ........................ 15 (a) Sale or Lease of Work ...................................................... 15 (12) Rights of Performers, Producers of Sound Recordings and Broadcasting Organizations ....................................................... 15 (a) Definitions ...................................................................... 15 (b) Scope of Performers’ Rights ............................................ 16 (c) Moral Rights of Performers .............................................. 16 (d) Limitation on Performers’ Rights ..................................... 16 (e) Additional Remuneration for Subsequent Communications or Broadcasts........................................................................ 16 (f) Contract Terms ................................................................ 16 (g) Scope of Right on Sound Recordings................................ 16 (h) Communication to the Public on Sound Recordings .......... 17 (i) Scope of Right of Broadcasting Organizations ................... 17 (j) Limitations on Rights ....................................................... 17 ABS-CBN vs. Phil. Multi-Media System Inc. .................... 17 (13) Term of Protection in General ............................................ 17 (a) Term of Protection .......................................................... 17 (i) Joint Authorship ........................................................... 18 (ii) Anonymous or Pseudonymous Works .......................... 18 (iii) Works of Applied Art .................................................. 18 (iv) Photographic Works ................................................... 18 (v)Audio-visual Works ...................................................... 18 (vi) Calculation of Terms ................................................... 18 (b) Term of Protection for Performers, Producers and Broadcasting Organizations .................................................. 18 (14) Infringement...................................................................... 18 (a) How committed ............................................................... 18 Microsoft Corp. vs. Hwang ............................................. 18 Microsoft Corp. vs. Maxicorp Inc .................................... 19 (b) Remedies for Infringement ............................................. 19 Habana vs. Robles ......................................................... 19 Columbia Pictures Inc. vs. CA, supra.............................. 19 (c) Criminal Penalties ........................................................... 19 (d) Affidavit Evidence ........................................................... 20 (e) Presumption of Authorship .............................................. 20 Bayanihan Music Phils., Inc. vs. BMG Records ................ 20 (f) International Registration of Works ................................. 21 (15) Points of Attachment of Rights........................................... 21
INTRODUCTION ................................................................... 3
(1) Basis of the Intellectual Property Law (R.A. 8293, as amended) .................................................................................... 3 (2) Importance of Adopting Laws protecting Intellectual Property Rights .......................................................................................... 3 (3) Philippine commitment to the GATT-TRIPS agreement .......... 3 Tañada vs. Angara, G.R. No. 118295, May 2, 1997 ...........3 (4) Did RA 8293 repeal existing laws on intellectual property? ... 3 Mirpuri vs. CA ..................................................................3 Samson vs. Daway ..........................................................3 (5) Intellectual Property Rights – Trademark, Copyright and Patents ........................................................................................ 3 (6) Republic Act No. 8293 – Intellectual Property Law ................ 4
PRELIMINARY MATTERS .................................................. 4
(1) State Policy Declaration ......................................................... 4 Twentieth Century Music Corp. vs. Aiken .........................4 Feist Publications, Inc. vs. Rural Television Services Company .........................................................................4 (2) Effect on International Conventions and on Principle of Reciprocity................................................................................... 5 Mirpuri vs. CA ..................................................................5 (3) Coverage of Intellectual Property Rights ............................... 5 Kho vs. CA, ......................................................................5 Pearl & Dean Inc. vs. Shoemart Inc .................................6 (4) Functions of IPO ........................................................6 (5) The Intellectual Property Office ............................................. 6 Pest Management Association of the Philippines vs. Fertilizer and Pesticide Authority .....................................6
LAW ON COPYRIGHT ........................................................ 6
(1) Definitions ............................................................................. 6 (2) Protection, when commenced ................................................ 7 (3) Idea/Expression Dichotomy................................................... 7 (4) Works Protected .................................................................... 7 (a) Literary or Artistic Works ..................................................7 Columbia Pictures vs. CA, 261 SCRA 144 (1996) ..............8 Ching vs. Salinas, G.R. No. 161295, June 29, 2005 ...........8 (b) Derivative Works ...............................................................8 Laktaw vs. Paglinawan, 44 Phil. 855 (1918) ....................9 (c) Published Edition of Work ..................................................9 (5)Works Not Protected............................................................... 9 (a)Unprotected Subject Matter ................................................9 Joaquin, Jr. vs. Drilon, 302 SCRA 225 (1999) ...................9 (b)Works of Government.........................................................9 (6) Copyright or Economic Rights; Ownership ........................... 10 (a) Copyright or Economic Rights – Sec. 177 ......................... 10 Pearl & Dean Inc., supra ................................................ 10
Rommel A. Tio
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Intellectual Property Law
UNIVERSITY OF SAN CARLOS (a)For Literary and Artistic Works and Derivative Works ....... 21 Pearl & Dean Inc. vs. Shoemart Inc. .............................. 21 (b) For Performers ................................................................ 21 (c) Of Sound Recordings ....................................................... 21 (d) For Broadcast .................................................................. 21
Rommel A. Tio
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Intellectual Property Law
No. It is also the policy of the State to streamline administrative procedures of registering patents. 7691. (jurisdiction of Municipal Trial Courts) xxx Under Section 27 of of R.R. are hereby repealed. (5) Intellectual Property Rights – Trademark. . Nov. Nos. bags. as amended. 8293 Rommel A. R. symbols and/or designs as would cause confusion. R. owner/proprietor of ITTI Shoes/Mano Shoes Manufactuirng Corporation located at Robinson’s Galleria. as amended. clothing. is consistent and in harmony with Section 163 of R. 165. 8293 intended to vest jurisdiction over violations of intellectual property rights with the Metropolitan Trial Courts.A. 239.A. “WALKING MACHINES” and “TRACK-TYPE TRACTOR & DESIGN. as articulated by President Fidel V. as amended) Section 2. the aforequoted clause did not expressly repeal R.A. Daway G. Quezon City. 118295. . and where naturally. only inconsistent provisions or parts of RA 165. is imprisonment from 2 to 5 years and a fine ranging from Fifty Thousand Pesos to Two Hundred Thousand Pesos. the criminal penalty for infringement of registered marks. particularly when beneficial to the people. Had R. for such periods as provided in this Act. 27. 8293. No. including Presidential Decree No. 49. as amended. Presidential Decree No. Repeals. garments. Angara) Tañada vs. in addition to the rights to which any owner of an intellectual property right is otherwise entitled by this Act. (the reduction of) costs and uncertainty associated with exporting . Copyright and Patents Sec. (3) Philippine commitment to the GATT-TRIPS agreement Section 3. To this end. accessories and paraphernalia which are closely identical to and/or colorable imitations of the authentic Caterpillar products and likewise using trademarks. No. . 166.” Caterpillar Inc. 4. as amended. Republic Act No. 166.A. as amended." The President also saw in the WTO the opening of "new opportunities for the services sector .. 8293. it would not have used the phrases “parts of Acts” and “inconsistent herewith. artists and other gifted citizens to their intellectual property and creations. (n) General Agreement on Tariffs and Trade (GATT) was a collection of treaties governing access to the economies of treaty adherents with no institutionalized body administering the agreements or dependable system of dispute settlement. “CAT AND DESIGN”. hereof shall be brought before the Court of First Instance.A. 166. No. and Articles 188 and 189 of the Revised Penal Code. Presidential Decree No. 285. otherwise. RA 166. treaty or reciprocal law. as amended.A. xxx Under Section 170 of R. May 2. 19. 8293? Held: No. 160054-55. the Philippines — and this is of special interest to the legal profession — will benefit from the WTO system of dispute settlement by judicial adjudication through the independent WTO settlement bodies called (1) Dispute Settlement Panels and (2) Appellate Tribunal. . it would have expressly stated so under Section 163 thereof.The State recognizes that an effective intellectual and industrial property system is vital to the development of domestic and creative activity. per R. 166. more particularly Republic Act No. 8293 does not expressly repealed R. No. 285.A. as amended.A. . 1999 SEC. and Articles 188 and 189 of the Revised Penal Code. No.A. INTRODUCTION Facts: Issues: Held: Samson vs. No. Republic Act 8293 Section 239. 8293. user and owner of the following internationally: “CATERPILLAR”." Although the Chief Executive did not expressly mention it in his letter.” It would have removed all doubts that said specific laws had been rendered without force and effect. 285. trade disputes were settled mainly through negotiations where solutions were arrived at frequently on the basis of relative bargaining strengths. did then and there willfully.A. which took effect on January 1. “CAT”. 114508. as amended. .” and it would have simply stated “Republic Act No.1 All Acts and parts of Acts inconsistent herewith. EDSA corner Ortigas Avenue. particularly agricultural and industrial products. Samson contended that since under Section 170 of R. Heretofore. and (the attraction of) more investments into the country. Thus. treaty or agreement relating to intellectual property rights or the repression of unfair competition. It shall protect and secure the exclusive rights of scientists. No. No. International Conventions and Reciprocity.R. 166. or extends reciprocal rights to nationals of the Philippines by law. the penalty of imprisonment for unfair competition does not exceed six years.A. facilitates transfer of technology. Republic Act No. Mirpuri vs. The use of the phrases “parts of Acts” and “inconsistent herewith” only means that the repeal pertains only to provisions which are repugnant or not susceptible of harmonization with R. Tio Page 3 of 21 Intellectual Property Law . the prior adopter. Presidential Decree No. shall be entitled to benefits to the extent necessary to give effect to any provision of such convention. more particularly Republic Act No. No. – All actions under this Chapter [V – Infringement] and Chapters VI [Unfair Competition] and VII [False Designation of Origin and False Description or Representation]. “CATERPILLAR & DESIGN”. to liberalize the registration on the transfer of technology. including Presidential Decree No. – 239. 49. G. No. PD 49 and PD 285 were repealed. .1. 8293. All Acts and parts of Acts inconsistent herewith. 1997 The Philippines joined WTO as a founding member with the goal. inventors. Notably. 166 in its entirety. mistake or deception on the part of the buying public to the damage and prejudice of CATERPILLAR. CA G. Declaration of State Policy. as amended are hereby repealed. the State shall promote the diffusion of knowledge and information for the promotion of national development and progress and the common good. 165. 8293. Samson filed a motion to for the quashal of information for lack of jurisdiction. however.R. 2004 Facts: Samson. Jurisdiction of Court of First Instance. 166 (The Trademark Law) SEC. and Articles 188 and 189 of the Revised Penal Code. No. July 21. and to enhance the enforcement of intellectual property rights in the Philippines. attracts foreign investments.1. especially its major trading partners. 165. unlawfully and feloniously distribute. and ensures market access for our products. No.A. Republic Act No. 1998. through the reduction of tariffs on its exports. INC. . the offense is cognizable by the Municipal Trial Courts and not by the Regional Trial Court. (4) Did RA 8293 repeal existing laws on intellectual property? NO. No.UNIVERSITY OF SAN CARLOS I. (Tanada vs. Ramos in two letters to the Senate of improving "Philippine access to foreign markets. weak and underdeveloped countries were at a disadvantage. false designation of origin and false description or representation. Issues: Whether or not R. 49.A. sued Samson for unfair competition in RTC.Any person who is a national or who is domiciled or has a real and effective industrial establishment in a country which is a party to any convention. to which the Philippines is also a party.7 Section 27 of R. 166 was expressly repealed by R. Angara. sell and/or offer for sale CATERPILLAR products such as footwear. trademarks and copyright. (1) Basis of the Intellectual Property Law (R. are hereby repealed. including Presidential Decree No.A.A. unfair competition. (n) (2) Importance of Adopting Laws protecting Intellectual Property Rights The use of intellectual property bears a social function.
b) Trademarks and Service Marks. . reducing the need to call directory assistance or consult multiple directories. of course. like the limited copyright duration required by the Constitution. Declaration of State Policy. The term "intellectual property rights" consists of: a) Copyright and Related Rights." this Court has said. and therefore lacks independent access to any subscriber information. to stimulate artistic creativity for the general public good. music. Rural sued for copyright infringement in the District Court for the District of Kansas taking the position that Feist. as omitting these listings would have left a gaping hole in its area-wide directory. rendering it less attractive to potential yellow pages advertisers.309 of the 46. noting in its brief that "facts and discoveries. 20th Century Music then sued Aikenfor copyright infringement. (n) Twentieth Century Music Corp." Rural wisely concedes this point. Rural asserted that Feist's employees were obliged to travel door-to-door or conduct a telephone survey to discover the same information for themselves.S. Feist responded that such efforts were economically impractical and. Feist used them without Rural's consent. The use of intellectual property bears a social function. most of Rural's listings do not. Authors and Publishers to perform the songs. These employees verified [p*344] the data reported by Rural and sought to obtain additional information. since (short of keeping his radio turned off) one in Aiken's position would be unable to protect himself from infringement liability. but the Court of Appeals reversed. The limited scope of the copyright holder's statutory monopoly. To obtain white pages listings for its area-wide directory. and would also be highly inequitable. Feist's area-wide directories cover a much larger geographical range. Four of these were fictitious listings that Rural had inserted into its directory to detect copying.878 white pages listings -compared to Rural's approximately 7.The State recognizes that an effective intellectual and industrial property system is vital to the development of domestic and creative activity. To hold that Aiken "performed" the copyrighted works would obviously result in a wholly unenforceable regime of copyright law. Rural Television Services Company 499 U. Like Rural's directory." When technological change has rendered its literal terms ambiguous. vs. 340.UNIVERSITY OF SAN CARLOS is. to liberalize the registration on the transfer of technology. are not themselves subject to copyright Whether or not Telephone directories are copyrightable or not? Facts: Section 4. and to enhance the enforcement of intellectual property rights in the Philippines. particularly when beneficial to the people. however. Feist Publications. the Copyright Act must be construed in light of this basic purpose. for such periods as provided in this Act. which covers only a particular calling area. let alone one with monopoly status. The immediate effect of our copyright law is to secure a fair return for an "author's" creative labor. Notwithstanding these additions. "lie in the general benefits derived by the public from the labors of authors. The Feist directory that is the subject of this litigation covers 11 different telephone service areas in 15 counties and contains 46. PRELIMINARY MATTERS (1) State Policy Declaration Sec. at the same time. then hired personnel to investigate the 4. Unable to license Rural's white pages listings. Such a ruling. is a publishing company that specializes in area-wide telephone directories. The white pages list in alphabetical order the names of Rural's subscribers. Persons desiring telephone service must apply to Rural and provide their names and addresses.4. thus conflicting with the balanced purpose of the Copyright Act of assuring the composer an adequate return for the value of his composition while. "The sole interest of the United States and the primary object in conferring the monopoly. and the other arts. Feist began by removing several thousand listings that fell outside the geographic range of its area-wide directory. by this incentive. in compiling its own directory. (6) Republic Act No. in any event. that compilations of facts generally are. artists and other gifted citizens to their intellectual property and creations. vs.878 listings in Feist's 1983 directory were identical to listings in Rural's 1982-1983 white pages. To this end. Issues: Held: The court rule that facts are not copyrightable. Rural publishes a typical telephone directory. f) Layout-Designs (Topographies) of Integrated Circuits. Feist's is distributed free of charge and includes both white pages and yellow pages. c) Geographic Indications. 1991 Rural Telephone Service Company is a certified public utility that provides telephone service to several communities in northwest Kansas. Feist is not a telephone company. There can be no valid copyright in facts is universally understood. and g) Protection of Undisclosed Information (n. 151 Facts 20Th Century Music Corporation copyrighted songs were received on the radio in Aiken’s food shop from a local broadcasting station. inventors.700 listings. 8293 – Intellectual Property Law II. Rural distributes its directory free of charge to its subscribers. and ensures market access for our products. but private motivation must ultimately serve the cause of promoting broad public availability of literature." since the radio reception did not constitute a "performance" of the copyrighted songs. Rural then assigns them a telephone number. which was licensed by the American Society of Composers. The yellow pages list Rural's business subscribers alphabetically by category and feature classified advertisements of various sizes. The District Court granted awards. 2 Section 2. Of the 11 telephone companies. e) Patents. It is subject to a state regulation that requires all telephone companies operating in Kansas to issue annually an updated telephone directory. d) Industrial Designs. a typical Feist listing includes the individual's street address. But the ultimate aim Rommel A. TRIPS). the State shall promote the diffusion of knowledge and information for the promotion of national development and progress and the common good. . "[t]o perform the copyrighted work publicly for profit. Feist and Rural compete vigorously for yellow pages advertising.. Aiken 422 U.S. Unlike a typical directory.935 that remained. Tio Page 4 of 21 Intellectual Property Law . under the Copyright Act. Accordingly. unnecessary because the information copied was beyond the scope of copyright protection. Inc. As a result. Feist Publications. protecting the public from oppressive monopolies. Rural's refusal created a problem for Feist. but earns revenue by selling yellow pages advertisements. Definitions. Inc. attracts foreign investments. only Rural refused to license its listings to Feist. the other. Issue Whether the reception of a radio broadcast of a copyrighted musical composition can constitute copyright infringement when the copyright owner has licensed the broadcaster to perform the composition publicly for profit? Held Aiken did not infringe upon 20th Century exclusive right. would authorize the sale of an untold number of licenses for what is basically a single rendition of a copyrighted work. but Aiken had no such license. facilitates transfer of technology. reflects a balance of competing claims upon the public interest: creative work is to be encouraged and rewarded. as a condition of its monopoly franchise.1. As the sole provider of telephone service in its service area. 1. The most fundamental axiom of copyright law is that "no author may copyright his ideas or the facts he narrates. Feist approached each of the 11 telephone companies operating in northwest Kansas and offered to pay for the right to use its white pages listings. It shall protect and secure the exclusive rights of scientists. trademarks and copyright. could not use the information contained in Rural's white pages. moreover. together with their towns and telephone numbers. consisting of white pages and yellow pages. Rural obtains subscriber information quite easily. It is also the policy of the State to streamline administrative procedures of registering patents.
G. that the Summerville should be enjoined from allegedly infringing on the copyrights and patents of the Kho. copyright and patents are different intellectual property rights that cannot be interchanged with one another. are sufficiently original that Congress may protect such compilations through the copyright laws. treaty or reciprocal law. Meanwhile. treaty or agreement relating to intellectual property rights or the repression of unfair competition. as it has been. shall be entitled to benefits to the extent necessary to give effect to any provision of such convention. penalty or any similar burden imposed by the law of a foreign country on a Philippine national seeking protection of intellectual property rights in that country. Kho vs. To illustrate. as the term is used in copyright. International Conventions and Reciprocity." Author .Any person who is a national or who is domiciled or has a real and effective industrial establishment in a country which is a party to any convention. each ignorant of the other. compose identical poems. a work may be original even though it closely resembles other works so long as the similarity is fortuitous. . that KEC Cosmetics Laboratory of the of Kho obtained the copyrights through misrepresentation and falsification.UNIVERSITY OF SAN CARLOS protection. to distribute and market Chin Chun Su products in the Philippines had already been terminated by the said Taiwanese Manufacturing Company.. Summerville on the other hand. On December 20. within Philippine jurisdiction. the registered owner thereof in the Supplemental Register of the Philippine Patent Office. The writings which are to be protected are the fruits of intellectual labor. so long as they are made independently by the compiler and entail a minimal degree of creativity. even a directory that contains absolutely no protectible written expression. Compilations were expressly mentioned in the Copyright Act of 1909. on the other hand. in what order to place them. requirement. shall reciprocally be enforceable upon nationals of said country. Yet copyright law seems to contemplate that compilations that consist exclusively of facts are potentially within its scope. copyrightable. Issues 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? Held Trademark. in similar containers that Kho uses. Originality does not signify novelty. diminution. . Definitions. they copy these figures from the world around them. d) Industrial Designs. "no matter how crude. as they possess some creative spark. to include original designs for engraving. f) Layout-Designs (Topographies) of Integrated Circuits. 3 & 231 Section 3." The discoverer merely finds and records. thereby misleading the public. maker”. To qualify for copyright protection. assignee of the patent registration certificate.1 Section 4. originator." However. 1991. Kho filed a complaint for injunction and damages with a prayer for the issuance of a writ of preliminary injunction. Nov. Elidad C. or extends reciprocal rights to nationals of the Philippines by law. Reverse Reciprocity of Foreign Laws. (n) Section 231. 2002 Facts Kho is doing business under the name and style of KEC Cosmetics Laboratory. yet both are original and. Illustrative Example Census-takers do not "create" the population figures that emerge from their efforts. Facts are not copyrightable. b) Trademarks and Service Marks. a work must be original to the author. prints. Summerville advertised and sold Kho’s cream products under the brand name Chin Chun Su. embodied in the form of books. This is because facts do not owe their origin to an act of authorship. for brevity) and Ang Tiam Chay. Census data therefore do not trigger copyright because these data are not "original" in the constitutional sense. and again in the Copyright Act of 1976. historical. These choices as to selection and arrangement. 115758. Notes On what basis may one claim a copyright in such a work? Common sense tells us that 100 uncopyrightable facts do not magically change their status when gathered together in one place. (n) Mirpuri vs. assume that two poets. &c. biographical. The sine qua non of copyright is originality.Any condition. the scope of a copyright is confined to literary and Rommel A. Tio Page 5 of 21 Intellectual Property Law . may possess the requisite originality. e) Patents.scientific. that the authority of Quintin Cheng. alleged as their defense that they are the exclusive and authorized importer. and are founded in the creative powers of the mind." Factual compilations. Thus. No.1.R. limitation. The distinction is one between creation and discovery: the first person to find and report a particular fact has not created the fact. humble or obvious" it might be. restriction. 1999 Facts Issues Held (3) Coverage of Intellectual Property Rights Sec. meets the constitutional minimum for copyright protection if it features an original selection or arrangement. (2) Effect on International Conventions and on Principle of Reciprocity Sec. in a sense. and resulting in the decline in the Kho’s business sales and income. engravings. and. TRIPS). against the Summerville General Merchandising and Company (Summerville. 114508. One who discovers a fact is not its "maker" or "originator. it is only such as are original. the requisite level of creativity is extremely low. The vast majority of works make the grade quite easily. See Harper Original. No. and news of the day. CA G. CA. even a slight amount will suffice. Originality requires independent creation plus a modicum of creativity: "While the word writings may be liberally construed. re-packer and distributor of Chin Chun Su products manufactured by Shun Yi Factory of Taiwan. not the result of copying. Neither work is novel. and. in addition to the rights to which any owner of an intellectual property right is otherwise entitled by this Act. it is beyond dispute that compilations of facts are within the subject matter of copyright. he or she has merely discovered its existence. to which the Philippines is also a party. and the like. . The compilation author typically chooses which facts to include. only facts. "They may not be copyrighted and are part of the public domain available to every person. March 19. c) Geographic Indications. hence. means only that the work was independently created by the author (as opposed to copied from other works).4.R. prints. 4. In relation thereto. the registered owner of the copyrights Chin Chun Su and Oval Facial Cream Container/Case. a trade name means the name or designation identifying or distinguishing an enterprise. 19. 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. The term "intellectual property rights" consists of: a) Copyright and Related Rights.in a constitutional sense is to mean "he to whom anything owes its origin. The same is true of all facts -. To be sure. and that it possesses at least some minimal degree of creativity. and g) Protection of Undisclosed Information (n. and how to arrange the collected data so that they may be used effectively by readers. Why facts are not copyrightable? No one may claim originality as to facts. that she also has patent rights on Chin Chun Su & Device and Chin Chun Su for medicated cream after purchasing the same from Quintin Cheng. that the said Taiwanese manufacturing company authorized Summerville to register its trade name Chin Chun Su Medicated Cream with the Philippine Patent Office and other appropriate governmental agencies.
LAW ON COPYRIGHT (1) Definitions Sec. Chapter IX on Voluntary Licensing and develop and implement strategies to promote and facilitate technology transfer. Rommel A. d) The Documentation." Clearly.A. therefore.10 Section 171. guidelines and regulations to give protection to such rights. 148222. 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. Pest Management Association of the Philippines vs. (n) (5) The Intellectual Property Office Sec. A patent prohibits all unlicensed making. No. 2007 Facts The case commenced upon PMAP’s filing of a Petition For Declaratory Relief With Prayer For Issuance Of A Writ Of Preliminary Injunction And/Or Temporary Restraining Order with the RTC on January 4. It questioned the validity of Section 3. is an association of pesticide handlers duly licensed by respondent Fertilizer and Pesticide Authority (FPA). Definitions. and the technology transfer arrangements registered. b) The Bureau of Trademarks.R. 2002.2 Section 6. 171 – 171. 8293). No. and g) Coordinate with other government agencies and the private sector efforts to formulate and implement plans and policies to strengthen the protection of intellectual property rights in the country. integrated circuits. During this period subsequent registrants may rely on these data only with third party authorization or otherwise must submit their own data. 2003 Facts Issues Held (4) Functions of IPO Sec. specifications. In order to be entitled to exclusively use the same in the sale of the beauty cream product. e) The Management Information System and EDP Bureau. documents. or differs only in ways that would not significantly increase the risk of unreasonable adverse effects. Petitioner. 6. drawings. Section 5 thereof enumerates the functions of the IPO. involves an inventive step and is industrially applicable. which provides thus: 3. 171. while data protection accorded by the FPA merely prevents copying or unauthorized use of an applicant's data. otherwise known as the Intellectual Property Code of the Philippines. all data may be freely cited in support of registration by any applicant. Pearl & Dean Inc. August 15. The petitioner’s copyright and patent registration of the name and container would not guarantee her right to the exclusive use of the same for the reason that they are not appropriate subjects of the said intellectual rights.5. the following terms have the following meaning: 171. and f) The Administrative. books. there is hereby created the Intellectual Property Office (IPO) which shall have the following functions: a) Examine applications for grant of letters patent for inventions and register utility models and industrial designs. Financial and Personnel Services Bureau. 8293.1. No.2. Shoemart Inc G.2. geographic indication. on the other hand. Kho has no right to support her claim for the exclusive use of the subject trade name and its container. Issues Whether or not FPA encroach upon the jurisdiction of the Intellectual Property Office? Held There is no encroachment upon the powers of the IPO granted under R. Consequently. Other agencies dealing with intellectual property rights are. 5. The Office shall have custody of all records.R. e) Publish regularly in its own publication the patents. d) Promote the use of patent information as a tool for technology development. Fertilizer and Pesticide Authority G.A. No. issued and approved. 8293 recognizes that efforts to fully protect intellectual property rights cannot be undertaken by the IPO alone. paragraph (g) of said Section even provides that the IPO shall "[c]oordinate with other government agencies and the private sector efforts to formulate and implement plans and policies to strengthen the protection of intellectual property rights in the country. R. The name and container of a beauty cream product are proper subjects of a trademark inasmuch as the same falls squarely within its definition. Nowhere in said provision does it state nor can it be inferred that the law intended the IPO to have the exclusive authority to protect or promote intellectual property rights in the Philippines. Functions of the Intellectual Property Office (IPO). c) Register technology transfer arrangements and settle disputes involving technology transfer payments covered by the provisions of Part II.1. Lastly. On the contrary. 8293 (R. After this period. utility models and industrial designs. 156041.12 of the 1987 Pesticide Regulatory Policies and Implementing Guidelines. Patentable inventions.12 Protection of Proprietary Data Data submitted to support the first full or conditional registration of a pesticide active ingredient in the Philippines will be granted proprietary protection for a period of seven years from the date of such registration. not having proven that she has registered a trademark thereto or used the same before anyone did. b) Examine applications for the registration of marks. "Author" is the natural person who has created the work. the user must sufficiently prove that she registered or used it before anybody else did. c) The Bureau of Legal Affairs. f) Administratively adjudicate contested proceedings affecting intellectual property rights. and other papers and things relating to intellectual property rights applications filed with the Office. These Bureaus are: a) The Bureau of Patents. refer to any technical solution of a problem in any field of human activity which is new. Information and Technology Transfer Bureau. FPA emphasize that the provision on protection of proprietary data does not usurp the functions of the Intellectual Property Office (IPO) since a patent and data protection are two different matters. a non-stock corporation duly organized and existing under the laws of the Philippines. using and selling of a particular product.For the purpose of this Act. Tio Page 6 of 21 Intellectual Property Law . . but any other party may independently generate and use his own data. the grant of power to the IPO to administer and implement State policies on intellectual property is not exclusionary as the IPO is even allowed to coordinate with other government agencies to formulate and implement plans and policies to strengthen the protection of intellectual property rights. provided convincing proof is submitted that the product being registered is identical or substantially similar to any current registered pesticide. 5 Section 5.2. not precluded from issuing policies. To administer and implement the State policies declared in this Act. It is further argued that under Republic Act No. marks. a preliminary injunction order cannot be issued for the reason that the petitioner has not proven that she has a clear right over the said name and container to the exclusion of others. No. vs. III.UNIVERSITY OF SAN CARLOS artistic works which are original intellectual creations in the literary and artistic domain protected from the moment of their creation. each of which shall be headed by a Director and assisted by an Assistant Director.A. The Office shall be divided into six (6) Bureaus. . February 21.
codes. (j) Drawings or plastic works of a scientific or technical character. to qualify for copyright protection.126.96.36.199. principle. choreographic works or entertainment in dumb shows. (g) Works of drawing. A "work of the Government of the Philippines" is a work created by an officer or employee of the Philippine Government or any of its subdivisions and instrumentalities. (4) Works Protected (a) Literary or Artistic Works oral Note: Requisite: For short message sending (sms) or text messages sufficient intellectual effort.2 Section 172. However. illustrated or embodied in a work. architecture or science. there must at least be some verifiable expression of the intellectual product. whether or not registrable as an industrial design. (Sec. scholarly. method or operation. (c) Lectures. painting. "Public lending" is the transfer of possession of the original or a copy of a work or sound recording for a limited period.D. "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. 41 (E). (n) Computer programs. in the case of a work other than an audiovisual work. even if they are expressed. Note: With or Without words – because there two separate rights for the composition and lyrics. whether made by hand or produced on an industrial scale. "Published works" means works. (Sec. . (i) Illustrations. 171. Sec. 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.8. and a "computer program" is a set of instructions expressed in words. as well as of their content.D. (o) Other literary. system. is the recitation. lantern slides. concept. such as public library or archive. for profitmaking purposes.9. 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. (2) Protection. as to satisfy the reasonable requirements of the public.4. (m) Pictorial illustrations and advertisements. (b) Periodicals and newspapers. (d) Letters. schemes or in any other form. 49a). 2nd Requirement: Expression In order for a work to be entitled protection. Rommel A. dissertations prepared for delivery. 171. and Note: Computer program are copyrightable in this jurisdiction but not patentable. 49 a). Original as the term is used in copyright means only that the work was independently created by the author (as opposed to copied from the other works) and that it possess at least some minimal degree of creativity. 171. maps.2. The right to obtain a copyright on a book depends on originality of the author’s work and not upon any standard of merit. topography.3. news of the day and other miscellaneous facts having the character of mere items of press information. acting or otherwise performing the work. means means from a "Communication to the public" or "communicate to the public" the making of a work available to the public by wire or wireless in such a way that members of the public may access these works place and time individually chosen by them. under this law. explained. Ching Case: (h) Original ornamental designs or models for articles of manufacture. whether or not reduced in writing or other material form. engraving. scientific and artistic works. discovery or mere data as such. 171. A "computer" is an electronic or similar device having informationprocessing capabilities.6. models or designs for works of art. 171. or at different places and/or at different times. addresses. plans. articles and other writings. (k) Photographic works including works produced by a process analogous to photography.10. irrespective of whether they are or can be present at the same place and at the same time. playing.Notwithstanding the provisions of Sections 172 and 173. it is not necessary. Works are protected by the sole fact of their creation.5. No. administrative or legal nature. which is capable when incorporated in a medium that the computer can read. Literary and artistic works. no protection shall extend. P. pamphlets. Works are protected by the sole fact of their creation. 2. They will differ with the particular subject matter involved. dancing. P. The distinction is one between creation and discovery: the fist to person to find a particular fact has not created the fact: he or she ha merely discovered its existence. irrespective of their mode or form of expression. P. lithography or other works of art. 2. 171. procedure. as well as any official translation thereof (n) Note: Ideas are the building blocks of creative expression. to any idea. Unprotected Subject Matter. architecture. having regard to the nature of the work. and where the performance can be perceived without the need for communication within the meaning of Subsection 171. The work must have their origin in the labor of the author. in the case of a sound recording.2 Section 172. (e) Dramatic or dramatico-musical compositions.172. (l) Audiovisual works and cinematographic works and works produced by a process analogous to cinematography or any process for making audiovisual recordings. No. including government-owned or controlled corporations as a part of his regularly prescribed official duties. "Reproduction" is the making of one (1) or more copies of a work or a sound recording in any manner or form (Sec. 49a) Notes When work is created? A work is created when two requirements are Originality and some form of expression. for non-profit purposes. Note: Furnitures have functional purpose. quality and purpose. sermons. either directly or by means of any device or process. 172. are original intellectual creations in the literary and artistic domain protected from the moment of their creation and shall include in particular: (a) Books. No. charts and three-dimensional works relative to geography. 171. by an institution the services of which are available to the public.7. Note: Laban notation – transcription of choreographic notes (f) Musical compositions. 172.UNIVERSITY OF SAN CARLOS 171.D. . and other works of applied art. when commenced Sec. or any official text of a legislative. quality and purpose. Literary and Artistic Works. which. sketches. 171. sculpture. hereinafter referred to as "works". Tio Page 7 of 21 Intellectual Property Law . with the consent of the authors. and. 172. as well as of their content.2. irrespective of their mode or form of expression. (3) Idea/Expression Dichotomy Sec. with or without words. the showing of its images in sequence and the making of the sounds accompanying it audible. that works should pass a test of imaginativeness. "Public performance". 175 Section 175. of causing the computer to perform or achieve a particular task or result. A "work of applied art" is an artistic creation with utilitarian functions or incorporated in a useful article. That availability of such copies has been such. in the case of an audiovisual work.
however. Such non-compliance merely limits the remedies available to him and subjects him to the corresponding sanction. lease or disposition of videograms tapes in the premises above described. 2005 Facts Jessie G. Sr.A.” This means that under the present state of the law. scientific and artistic works” in Section 172.1 shall be protected as new works: Provided however. as amended. Issues Whether or not the subject matter is covered by the Copyright of the Intellectual Property Code? Held It is worthy to state that the works protected under the Law on Copyright are: literary or artistic works (Sec. On September 4. materials.A. and periodicals.1(a) of R. accessories all of which were included in the receipt for properties accomplished by the raiding team.D. As has been authoritatively clarified: The registration and deposit of two complete copies or reproductions of the work with the National Library within three weeks after the first public dissemination or performance of the work. 8293. The works referred to in paragraphs (a) and (b) of Subsection 173. 191 of the then Secretary of Justice Vicente Abad Santos which stated that Sections 26 and 50 do not apply to cinematographic works and PD No. registered owner-proprietor of Sunshine Home Video. as in this case. 49. payment of damages arising from infringement.3 of Republic Act (R. No. 161295.1. addresses. the maker and manufacturer of a Utility Model.1 and 177. is not for the purpose of securing a copyright of the work. the generic word will usually be limited to things of a similar nature with those particularly enumerated. Neither are we to regard the Leaf Spring Eye Bushing and Vehicle Bearing Cushion as included in the catch-all phrase “other literary. Mr. and the officers and members of the Board of Directors of Wilaware Product Corporation. 261 SCRA 144 (1996) Facts Columbia Pictures lodged a formal complaint with the National Bureau of Investigation for violation of PD No. [P] and [Q]. reproduction. 49. as amended). producers and/or distributors of the works. Reyes applied for a search warrant with the court a quo against Sunshine seeking the seizure. owned and operated by Danilo A. That such new work shall not affect the force of any subsisting copyright upon the original works employed or any part thereof. 2. No. hence. arrangements. No. Copy of the receipt was furnished and/or tendered to Mr. subsist with respect to any of the following classes of works. television sets. reiterated in substance his averments in his affidavit. no infringement under PD 49 as amended? Held As correctly pointed out by private complainants-oppositors. 173 Section 173. not as conditions for the acquisition of copyright and other rights. Rene C. being not of the same kind and nature as the works enumerated in Section 172 of R. No. On the basis of the affidavits and depositions of NBI Senior Agent Lauro C. It was alleged that the respondents therein reproduced and distributed the said models penalized under Sections 177. translations. In the hearing of the application. 172) and derivative works (Sec. NBI Senior Agent Lauro C. 8293.173. and compilations of data and other materials which are original by reason of the selection or coordination or arrangement of their contents. 49. Being plain automotive spare parts that must conform to the original structural design of the components they seek to replace. and other alterations of literary or artistic works. as Rommel A. Baltazar. P.” the Leaf Spring Eye Bushing and Vehicle Bearing Cushion are not copyrightable. directories and gazetteers. CA. Issues Whether or not absence such registration. Rico V. They lack the decorative quality or value that must characterize authentic works of applied art. 2001. abridgments. was issued by the court a quo. and letters. among others. adaptations. the personal properties described in the search warrants are mechanical works. including composite and cyclopedic works. Agents of the NBI and private researchers made discreet surveillance on various video establishments in Metro Manila including Sunshine Home Video Inc. In actuality. described as “Leaf Spring Eye Bushing for Automobile” made up of plastic. 49 reveals that even with respect to works which are required under Section 26 thereof to be registered and with copies to be deposited with the National Library. Danilo A. the NBI filed applications for search warrants in the RTC of Manila against William Salinas. Ching requested the National Bureau of Investigation (NBI) for police/investigative assistance for the apprehension and prosecution of illegal manufacturers.D. sale. there was no right created. They are not even artistic creations with incidental utilitarian functions or works incorporated in a useful article. Derivative Works. unless there be something in the context of the state which would repel such inference. Search Warrant No 87-053 for violation of Section 56 of PD No. There is creation when an idea is expressed in some tangible medium. Rene C. as amended. Domingo. The same opinion stressed that “the requirements of registration and deposit are thus retained under the Decree. 8293. equipment. G. No. and (b) Collections of literary. and sought its assistance in their anti-film piracy drive.A. upon questions by the court a quo. The Leaf Spring Eye Bushing and Vehicle Bearing Cushion fall on neither classification. dissertations prepared for oral delivery. 2001. Ching and Joseph Yu 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. the principal function of which is utility sans any aesthetic embellishment. 49. and. 173).UNIVERSITY OF SAN CARLOS provided for in Section 26 (P. sermons. NBI Agents found and seized various video tapes of duly copyrighted motion pictures/films owned or exclusively distributed by private complainants. 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. Salinas.” The statutory interpretation of the Executive Branch being correct. Atty. (Sec. . scholarly.) No.R. showing. paraphernalia. Tio Page 8 of 21 Intellectual Property Law . 1978 in its Opinion No. television sets. but as prerequisites to a suit for damages. On November 14. only the expression. Columbia Pictures vs. or be construed to imply any right to such use of the original works.” On September 20. NBI Senior Agent Lauro C. and machines. the creator can file action for infringement of its rights. TRIPS) Idea is not protected. Domingo’s deposition was also taken. a closer review of Presidential Decree No. The following derivative works shall also be protected by copyright: (a) Dramatizations. 49) 173. (b) Derivative Works Sec. including pamphlets and newspapers. the failure to comply with said requirements does not deprive the copyright owner of the right to sue for infringement. manuscripts. Pelindario. (Sec. such as books. P. June 29. Pelindario. Rico V. 8. 10. Ching is the owner and general manager of Jeshicris Manufacturing Co. but rather to avoid the penalty for non-compliance of the deposit of said two copies and in order to recover damages in an infringement suit.D. the Leaf Spring Eye Bushing and Vehicle Bearing Cushion are not ornamental. the Department of Justice has resolved this legal question as far back as December 12. Reyes. Art. The reason for this is expressed in Section 2 of the decree which prefaces its enumeration of copyrightable works with the explicit statement that “the rights granted under this Decree shall. is entitled (to) weight and respect. or to secure or extend copyright in such original works. Baltazar and Atty. Ching vs. After due investigation. Reyes. 1987. of pirated video tapes of copyrighted films all of which were enumerated in a list attached to the application. lectures.” He cannot demand.2. scholarly or artistic works. 49 “had done away with the registration and deposit of cinematographic works” and that “even without prior registration and deposit of a work which may be entitled to protection under the Decree. His testimony was corroborated by another witness.. Furthermore. video cassettes and/or laser disc recordings equipment and other machines and paraphernalia used or intended to be used in the unlawful exhibition. the copyright for a work is acquired by an intellectual creator from the moment of creation even in the absence of registration and deposit. from the moment of creation.
procedure. Law Article 7 of the Law of January 10. 1991. 1879. the format or mechanics of a television show is not included in the list of protected works in §2 of P. It is enough that another's work has been reproduced without the consent of the owner. Being a statutory grant. M922. The copyright does not extend to an idea. method or operation. news of the day and other miscellaneous facts having the character of mere items of press information. For this reason. method or operation. method of operation. and not simply a pre-existing right regulated by the statute. improperly copied the greater part thereof in the work published by him and entitled Diccionariong Kastila-Tagalog (SpanishTagalog Dictionary). 855 (1918) Facts Laktaw is the registered owner and author of a literary work entitled Diccionario Hispano-Tagalog (Spanish-Tagalog Dictionary) published in the City of Manila in 1889 by the printing establishment La Opinion. illustrated or embodied in a work. Meanwhile. 175 (a)Unprotected Subject Matter Sec. It is a new or independent right granted by the statute. . Unprotected Subject Matter.D. and (4) that the damages occasioned to him by the publication of Paglinawan's work amounted to $10. Laktaw vs. 174 Section 174. 49 was filed against private respondent Zosa together with certain officers of RPN Channel 9. 175. explained.In addition to the right to publish granted by the author. No. or improve any edition thereof. and on terms and conditions specified in the statute. to any idea. (b)Works of Government Sec. to wit: Cinematographic works and works produced by a process analogous to cinematography or any process for making audio-visual recordings. The essence of copyright infringement is the copying. reproduced said literary work. caused irreparable injuries to Laktaw who was surprised when. Drilon. in the strict sense of the term. news of the day and other miscellaneous facts having the character of mere items of press information. and Casey Francisco. William Esposo. Paglinawan.Notwithstanding the provisions of Sections 172 and 173. and may be obtained and enjoyed only with respect to the subjects and by the persons. / must have substantial variation Article 5 of civil code.D. explained. petitioner Francisco Joaquin. administrative or legal nature. on publishing his new work entitled Diccionario Tagalog-Hispano (Tagalog-Spanish Dictionary) he learned of the fact. principle. 176. 44 Phil. or improve any edition thereof. the protection afforded by the law cannot be extended to cover them. concept. Jr. Inc. in the Regional Trial Court of Quezon City. which was produced by IXL Productions. Inc. Jr. In a letter. is purely a statutory right. dated July 19. §2. the publisher shall have a copyright consisting merely of the right of reproduction of the typographical arrangement of the published edition of the work. On June 28. (c) Published Edition of Work Sec. process. he wrote a letter to private respondent Gabriel M. Laktaw prayed the court to order the Paglinawan to withdraw from sale all stock of the work of Paglinawan to pay him the sum of $10. the work must alter not merely copy. refers to finished works and not to concepts. no protection shall extend. vs. a non-copyrightable material. dated January 28. administrative or legal nature. Paglinawan without the consent of Laktaw. Paglinawan violated Article 7 of Intellectual Property Law.000.D. Zosa. 49.000. must borrow the original and expressive content 2. (5)Works Not Protected Sec. Upon complaint of petitioners. president and general manager of IXL. principle. Apart from the manner in which it is actually expressed. procedure. illustrated or embodied in a work. in the opinion of this Office. No. 171. or discovery. the idea of a dating game show is. regardless of the form in which it is described. however. as well as any official translation thereof. he would endorse the matter to his attorneys for proper legal action. §2(M). if IXL did not comply. concept. under this law. or schemes in their abstract form clearly do not fall within the class of works or materials susceptible of copyright registration as provided in PD. explained. 1879. P. add something to it. system. even merely to annotate or add anything to it. in whole or in part. procedure. IXL.. 1991 in which he reiterated his demand and warned that. Felipe Medina. principle. Published Edition of Work. Copyright. 175 Section 175. No right can spring from an unlawful act. of copyrightable materials as defined and enumerated in Section 2 of PD. discovery or mere data as such. namely. There must be compliance of the requirements: 1. saw on RPN Channel 9 an episode of It’s a Date. the rights are only such as the statute confers. 1991. in enumerating what are subject to copyright. It is not necessary that a work should be an improper copy of another work previously published. Paglinawan in his answer denied generally each and every allegation of the complaint and prayed the court to absolve him from the complaint. On July 14. Whether the format or mechanics of Joaquin’s television show is entitled to copyright protection? Held No. (BJPI) is the holder/grantee of Certificate of Copyright No.D. system. system. What then is the subject matter of petitioners’ copyright? TheCourt is of the opinion that petitioner BJPI’s copyright covers audiovisual recordings of each episode of Rhoda and Me. No. while watching television. Tio Page 9 of 21 Intellectual Property Law . No. . his heirs. president of BJPI. information for violation of P. 1973. Ideas. formats. 49. 49. 302 SCRA 225 (1999) Facts Petitioner BJ Productions. to any idea. private respondent Zosa sought to register IXL’s copyright to the first episode of “It’s a Date” for which it was issued by the National Library a certificate of copyright on August 14. discovery or mere data as such. No. The act of Pagliwanan is a violation of article 7 of the Law of January 10. with costs. on Intellectual Property: Nobody may reproduce another person's work without the owner's consent. on Intellectual Property.UNIVERSITY OF SAN CARLOS Note: Derivative works are original work. private respondent Zosa apologized to petitioner Joaquin and requested a meeting to discuss a possible settlement. 49. Law Sec. or assigns. petitioner BJPI submitted to the National Library an addendum to its certificate of copyright specifying the show’s format and style of presentation. no protection shall extend. (n) Note: Separate right of the publisher exclusively on typographical arrangement. 1971. or embodied in such work. as falling within the class of works mentioned in P. even if they are expressed. under this law. informing Zosa that BJPI had a copyright to Rhoda and Me and demanding that IXL discontinue airing It’s a Date. of Rhoda and Me. 1991. On July 18. or any official text of a legislative. Issue Whether or not Paglinawan violated Article 7 of the Intellectual Property Law (1879)? Held Yes. even if they are expressed. even though it be only to annotate. or any official text of a legislative.11 Issue Rommel A. (IXL). prompting petitioner Joaquin to send a second letter on July 25. 49. concept. concepts. a dating game show aired from 1970 to 1977. illustrated. 1991. . however. as well as any official translation thereof (n) Joaquin.Notwithstanding the provisions of Sections 172 and 173. continued airing It’s a Date. Unprotected Subject Matter.
. 49) 171. Issues 1. Held 1st issue: Yes.R. P. Whether or not the playing and singing of musical compositions which have been copyrighted under the provisions of the Copyright Law (Act 3134) inside the establishment of Benjamin Tan constitute a public performance for profit within the meaning and contemplation of the Copyright Law of the Philippines? 2. the Government is not precluded from receiving and holding copyrights transferred to it by assignment. P. appellant demanded from the appellee payment of the necessary license fee for the playing and singing of aforesaid compositions but the demand was ignored. Rollo." "Sapagkat Kami Ay Tao Lamang" and "The Nearness Of You. The playing of music in dine and dance establishment which was paid for by the public in purchases of food and drink constituted "performance for profit" within a Copyright Law (Buck. Tan. 317). (Sec. displayed the very design in its album of Christmas cards and offered it for sale. sermons. 49a) Statutory Right – the right is limited to what the statute confers. 29 and 30). McCullough Printing Company. 12 SCRA 321 (1964) Facts Mauro Malalang Santos filed an action for damages for unauthorized use. 9. whether or not Benjamin Tan can be held liable therefore. or within the (60) days if made elsewhere. 5.5. May 28. supra Facts Issues Law Held Filipino Society of Composers vs. before administrative agencies. The testimonies of the witnesses at the hearing of this case on this subject were unrebutted by the appellant. For such Rommel A. (n) 177.UNIVERSITY OF SAN CARLOS Section 176. Tan’s Argument: That the mere singing and playing of songs and popular tunes even if they are copyrighted do not constitute an infringement (Record on Appeal. No. The author of speeches. A careful study of the records reveals that the song "Dahil Sa Iyo" which was registered on April 20. appear to have been known and sang by the witnesses as early as 1965 or three years before the hearing in 1968. D. Tio Page 10 of 21 Intellectual Property Law . A "work of the Government of the Philippines" is a work created by an officer or employee of the Philippine Government or any of its subdivisions and instrumentalities. Malang. 1947) entitled 'Rules of Practice in the Philippines Patent Office relating to the Registration of Copyright Claims' promulgated pursuant to Republic Act 165. Such agency or office may. McCullough Printing. Resolution. irrespective of the ownership of the original or the copy which is the subject of the rental.. pronounced. 10) had become popular twenty five (25) years prior to 1968. Maglalang Santos vs. May 28. Other communication to the public of the work. etc. Works of the Government. (6) Copyright or Economic Rights. 2nd issue: The Supreme Court has ruled that "Paragraph 33 of Patent Office Administrative Order No.3. adaptation and appropriation by the MCCULLOUGH PRINTING COMPANY of the intellectual creation or artistic design of a Christmas card by him (Mauro Maglalang Santos) based on Article 721 and 722 of the Civil Code of the Philippines.4. copyright or economic rights shall consist of the exclusive right to carry out. hired to play and sing musical compositions to entertain and amuse customers therein. Dramatization. pp. p. addresses. pp. 4489 25 F. arrangement or other transformation of the work. 177.D. and dissertations mentioned in the preceding paragraphs shall have the exclusive right of making a collection of his works. 10) became popular in radios. among other things. 49) 176. 46373R.2.2. including government-owned or controlled corporations as a part of his regularly prescribed official duties. NO. Supp. beside a tree. et al. lectures. if made in Manila. 1968. 177 Note: Copyright . ." Benjamin Tan on the other hand is the operator of a restaurant known as "Alex Soda Foundation and Restaurant" where a combo with professional singers. CA-G. No. first par. if the general public has made use of the object sought to be copyrighted for thirty (30) days prior to the copyright application the law deems the object to have been donated to the public domain and the same can no longer be copyrighted. The Christmas card depicts a Philippine rural Christmas time scene consisting of a woman and a child in a nipa hut adorned with a star-shaped lantern and a man astride a carabao. 12 SCRA 324-325 . failure of which renders such creation public property.1. Public display of the original or a copy of the work. rules and regulations.“right to paternity”. for his personal Christmas Card greetings for the year 1959." (Santos v. . prior approval of the government agency or office wherein the work is created shall be necessary for exploitation of such work for profit. v.1. abridgment. 3-5. Indeed. Reproduction of the work or substantial portion of the work. 1955 (Brief for Appellant.7.. However. (the year of the hearing) or from 1943 (TSN. underneath which appears the plaintiff's pen name. adaptation. a work embodied in a sound recording. (n) 176. 177. pp. Authors and Publishers Inc. provides among other things that an intellectual creation should be copyrighted thirty (30) days after its publication. 9. is organization under the Corporation Law of the Philippines and registered with the Securities and Exchange Commission. translation. a computer program. "Sapagkat Ikaw Ay Akin. Section 177. No prior approval or conditions shall be required for the use of any purpose of statutes. 25) while the song "The Nearness Of You" registered on January 14. 28. Ownership (a) Copyright or Economic Rights – Sec.3. 3 (as amended. sermons.11. No copyright shall subsist in any work of the Government of the Philippines. Public performance of the work. authorize or prevent the following acts: 177. P. read or rendered in courts of justice. Rental of the original or a copy of an audiovisual or cinematographic work. lectures. juke boxes. 177. Notwithstanding the foregoing provisions. The first public distribution of the original and each copy of the work by sale or other forms of transfer of ownership. (Sec. 1956 (Brief for Appellant.Subject to the provisions of Chapter VIII.economic right / moral rights . in deliberative assemblies and in meetings of public character. 177. Pearl & Dean Inc. 148 SCRA 461 (1987) Facts Filipino Society of Composers. the artistic motif in question. a compilation of data and other materials or a musical work in graphic form. The association is the owner of certain musical compositions among which are the songs entitled: "Dahil Sa Iyo". 1966. No. third par. and dissertations. p. Accordingly. without the knowledge and authority of plaintiff. nor shall publication or republication by the Government in a public document of any work in which copyright 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 owner. 32-36) under the provisions of Section 3 of the Copyright Law (Act 3134 of the Philippine Legislature). The following year the defendant McCullough Printing Company. addresses. Assuming that there were indeed public performances for profit.D. bequest or otherwise. p. 27) and the songs "Sapagkat Ikaw Ay Akin" and "Sapagkat Kami Ay Tao Lamang" both registered on July 10. and 177. impose as a condition the payment of royalties. and speeches. Copyright or Economic Rights. 11. for a price. Russon No.176. (Ibid.. (Sec. 1968. p. The complaint alleges that plaintiff Mauro Malang Santos designed for former Ambassador Felino Neri. long before registration (TSN. dated September 18. were playing and singing the above-mentioned compositions without any license or permission from the appellant to play or sing the same.6.
4. Issues (1) Whether plaintiff is entitled to protection. dramatic.Y. 178. Eisle 83 N. 2nd issue: We are not also prepared to accept the contention of appellant that the publication of the design was a limited one. the copyright shall belong to the producer. Art. 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. Paragraph 33 of Patent Office Administrative Order No. sculptor or other artist shall have dominion over the product of his art even before it is copyrighted. if the creation of the object of copyright is not a part of his regular duties even if the employee uses the time. their rights shall be governed by the rules on co-ownership. In the case of work created by an author during and in the course of his employment. unless the contrary appears. plaintiff suffered moral damages to the tune of P16. the copyright shall belong to the writer subject to the provisions of Article 723 of the Civil Code. or if the author of the anonymous works discloses his identity. 31 F [2d] 236). 721. (Sec. (2) The composer. if such were the condition then Ambassador Neri would be the aggrieved party. fact that he has not copyrighted his design? (2) Whether the publication is limited. if made in Manila.00 by way of attorney's fee. (n) Held 1st issue: The Supreme Court found that plaintiff is not entitled to a protection. 433. their rights are governed by the Copyright laws. In the second place. However. the person who so commissioned the work shall have ownership of the work. a work of joint authorship consists of parts that can be used separately and the author of each part can be identified. In the case at bar. to the contrary. notwithstanding. notwithstanding the. if there was such a limited publication or prohibition. 114 F [2d] 80). Rules on Copyright Ownership. If. express or implied. (4) The scientist or technologist or any other person with regard to his discovery or invention. by whom. the provision of the Civil Code. Supp. so as to prohibit its use by others. (3) The painter. or that there was an understanding that only Ambassador Neri should. shall have the ownership of their creations even before the publication of the same. and 178. 887. the producer shall exercise the copyright to an extent required for the exhibition of the work in any manner. the author of each part shall be the original owner of the copyright in the part that he has created. By intellectual creation. it is dedicated to the public. because it has placed plaintiff's professional integrity and ethics under serious question and caused him grave embarrassment before Ambassador Neri. the author of the scenario. When once published.5. the film director. It has been held that the effect of offering for sale a dress. 3 (as amended dated September 18. irrevocable rights thereupon become vested in the public. Once their works are published. and the author loses the exclusive right to control subsequent publication by others. with or without words.D. 6. 179. p. The painter. and the author of the work so adapted. Tio Page 11 of 21 Intellectual Property Law . Federal Trade Commission. When the purpose is a limited publication. for example manufactured in accordance with an original design which is not protected by either a copyright or a patent. In the case of works of joint authorship. among others. historical.UNIVERSITY OF SAN CARLOS unauthorized act of defendant. 7. (n) Art. or the pseudonyms or adopted name leaves no doubt as to the author's identity. and if published. the co-authors shall be the original owners of the copyright and in the absence of agreement. in the case of original literary and artistic works.3. citing Wright v. He has a right to determine whether it shall be published at all. unless there is a written stipulation to the contrary. the plaintiff lost control of his design and the necessary implication was that there had been a general publication. The painter. or it is general publication? (3) Whether the provisions of the Civil Code or the Copyright Law should apply in the case? Law Art. which are incorporated into the work. but the effect is general publication. National Institute.Copyright ownership shall be governed by the following rules: 178. if the work is the result of the performance of his regularly-assigned duties. and in what form. the same was not shown on the face of the design. unless the work is placed under the protection of the copyright law. In respect of letters.2. mentioned in Nos. have absolute right to use the same. 722.6. 49) Rommel A. philosophical. This exclusive right is confined to the first publication. The scientist or technologist has the ownership of his discovery or invention even before it is patented. failure of which renders such creation public property. 1947) entitled "Rules of Practice in the Philippines Patent Office relating to the Registration of Copyright Claims" promulgated pursuant to Republic Act 165. The author and the composer. the publishers shall be deemed to represent the authors of articles and other writings published without the names of the authors or under pseudonyms. with respect to the product of his art. 1 and 2 of the preceding article. copyright shall belong to the author of the work. in consequence of which enforcement of the restriction becomes impossible (Nutt vs. 178.000. is to divest the owner of his common law rights therein by virtue of the publication of a 'copy' and thereafter anyone is free to copy the design or the dress (Fashion Originators Guild of America v. P. When Ambassador Neri distributed 800 copies of the design in controversy. where. their rights are governed by the Copyright laws. . 178. facilities and materials of the employer. In the first place. however. but the copyright thereto shall remain with the creator. except for the right to collect performing license fees for the performance of musical compositions. the copyright shall belong to: (a) The employee. Anonymous and Pseudonymous Works. sculptor. The author of a literary composition has a light to the first publication thereof.000. sculptor or other artist shall have dominion over the product of his art even before it is copyrighted. In the case of audiovisual work. and not the appellant. or other artist. shall have the ownership of their creations even before the publication of the same. 49a) Section 179. (See II Tolentino's Comments on the Civil Code.00. that an intellectual creation should be copyrighted thirty (30) days after its publication. (b) The employer. when. .1 Subject to the provisions of this section. 178. He further prayed for the additional sum of P3. The scientist or technologist has the ownership of his discovery or invention even before it is patented.For purposes of this Act. mentioned in Nos. as to his musical composition. Once their works are published. subject to contrary or other stipulations among the creators. or within sixty (60) day's if made elsewhere. unless there is an agreement. there is no copyright for the design in question. legal. (n) (b) Copyright Ownership Sec. the following persons acquire ownership: (1) The author with regard to his literary. The author and the composer.) 3rd issue: Art. P. (Sec. 722. the composer of the music. 1 and 2 of the preceding article. scientific or other work. 723 (NCC) CHAPTER VI OWNERSHIP OF COPYRIGHT Section 178. there having been no showing of a clear indication that a limited publication was intended. even as of this moment. No. 178. provides.D.
That such recording must be deleted within a reasonable period after they were first broadcast: Provided.1. which are delivered in public if such use is for information purposes and has not been expressly reserved: Provided. Nor shall a transfer or assignment of the sole copy or of one or several copies of the work imply transfer or assignment of the copyright. broadcast. No. The fair use of a copyrighted work for criticism. 723. (h) The use made of a work by or under the direction or control of the Government. a copy of the instrument shall be returned to the sender with a notation of the fact of record. scientific or religious topic.184. Limitations on Copyright. if appearing in the work. 11. . No. 185 Section 185. by a club or institution for charitable or educational purpose only. Rommel A.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. . 49a) Section 183. That such recording may not be made from audiovisual works which are part of the general cinema repertoire of feature films except for brief excerpts of the work.D. No. economic.185. (Sec. comment. (Sec. 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. 180. P. No. in a place where no admission fee is charged in respect of such public performance or communication. or educational institutions of a work included in a broadcast for the use of such schools. That the source and of the name of the author. scientific or artistic works as part of reports of current events by means of photography. once it has been lawfully made accessible to the public. that the original or the copy displayed has been sold. whose aim is not profit making. Notwithstanding the provisions of Chapter V.. 49a) (8) Limitations of Copyright (a) Limitations On Copyright Sec. lectures. (Sec. In determining whether the use made of a work in any particular case is fair use. (f) The recording made in schools. Copyright and Material Object. universities. or.UNIVERSITY OF SAN CARLOS Civil Code: Art. research. are mentioned. the transfer or assignment of the copyright shall not itself constitute a transfer of the material object. social. No. the assignee is entitled to all the rights and remedies which the assignor had with respect to the copyright. The copyright is not deemed assigned inter vivos in whole or in part unless there is a written indication of such intention. addresses and other works of the same nature. neither of the owners shall be entitled to grant licenses without the prior written consent of the other owner or owners. which is understood here to be the reproduction of the code and translation of the forms of the computer program to achieve the interoperability of an independently created computer program with other programs may also constitute fair use. 184 CHAPTER VIII LIMITATIONS ON COPYRIGHT Section 184. Rights of Assignee. P. 19. 11. (i) The public performance or the communication to the public of a work. 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 interests. magazine or periodical for publication shall constitute only a license to make a single publication unless a greater right is expressly granted. if appearing on the work. third par. the following acts shall not constitute infringement of copyright: (a) The recitation or performance of a work. 16. The submission of a literary. 49) (d) The reproduction and communication to the public of literary.183 TRANSFER OR ASSIGNMENT OF COPYRIGHT Section 180.D. and (k) Any use made of a work for the purpose of any judicial proceedings or for the giving of professional advice by a legal practitioner.D. and (d) The effect of the use upon the potential market for or value of the copyrighted work.D. Notice of the record shall be published in the IPO Gazette.2. 180. writers or composers to enforce their economic rights and moral rights on their behalf. 12. 49a) Section 181. further. if done privately and free of charge or if made strictly for a charitable or religious institution or society. 180. Tio Page 12 of 21 Intellectual Property Law . and similar purposes is not an infringement of copyright. No. (Sec. 32. by the National Library or by educational. if such inclusion is made by way of illustration for teaching purposes and is compatible with fair use: Provided. sound recording or film. .1.D. the court may authorize their publication or dissemination if the public good or the interest of justice so requires. are mentioned. However. but they cannot be published or disseminated without the consent of the writer or his heirs. P. .The copyright is distinct from the property in the material object subject to it. scientific or professional institutions where such use is in the public interest and is compatible with fair use. P. 49) (c) The reproduction or communication to the public by mass media of articles on current political. P. Note: There are seven rights it can be assigned individually or as a whole. (n) (7) Transfer or Assignment of Copyright Sec. Within the scope of the assignment.D. including quotations from newspaper articles and periodicals in the form of press summaries: Provided. 184. given away or otherwise transferred to another person by the author or his successor in title. the factors to be considered shall include: (a) The purpose and character of the use. P. subject to such other limitations as may be provided in the Regulations. . That either the work has been published. (n) (j) Public display of the original or a copy of the work not made by means of a film. or other communication to the public. television image or otherwise on screen or by means of any other device or process: Provided. (Sec.1. universities or educational institutions: Provided. If two (2) or more persons jointly own a copyright or any part thereof.3. 49) Section 182. Fair Use of a Copyrighted Work. (b) The nature of the copyrighted work. teaching including multiple copies for classroom use. P. (Sec. photographic or artistic work to a newspaper. Designation of Society. 49) (e) The inclusion of a work in a publication. slide.2.D. No. (g) The making of ephemeral recordings by a broadcasting organization by means of its own facilities and for use in its own broadcast. Upon recording. (Sec. No. The copyright may be assigned in whole or in part. P. Filing of Assignment or License. including whether such use is of a commercial nature or is for non-profit educational purposes. 15.D. That the source is clearly indicated.The copyright owners or their heirs may designate a society of artists. cinematography or broadcasting to the extent necessary for the purpose. Letters and other private communications in writing are owned by the person to whom they are addressed and delivered. news reporting. (b) Fair Use of Work Sec. 10(1). (c) The amount and substantiality of the portion used in relation to the copyrighted work as a whole. (Sec. Decompilation. Consequently. That the source and the name of the author. scholarship. – 180.
Also. The court decided that Napster’s argument for sampling did not hold. there is an infringement of copyright and to an injurious extent.1. Hence. filed with the Regional Trial Court. Napster also provided a solution to the alleged infringement in the form of a compulsory license. because the plaintiffs did not challenge this use. Robles’ act of lifting from the book of petitioners substantial portions of discussions and examples. The court decided that the defendants had the ability to prevent infringement from taking place. and he copied at his peril.2 Section 187. If so much is taken that the value of the original work is substantially diminished. The essence of intellectual piracy should be essayed in conceptual terms in order to underscore its gravity by an appropriate understanding thereof. Napster Inc. After an itemized examination and comparison of the two books (CET and DEP). The copying must produce an “injurious effect”.2. the court rejected Napster’s request for a compulsory license. a complaint for “Infringement and/or unfair competition with damages” against private respondents.S. and thus has the duty to do so. Here. spaceshifting. 187. This is precisely what the law on copyright protected. protected by law. Notes When is there a substantial reproduction of a book? It does not necessarily require that the entire copyrighted work. in which the government would force the copyright holders to grant use to Napster potentially in exchange for royalties. users were violating the plaintiff’s right to reproduction and by downloading files containing copyrighted music were violating their right to distribution. The appellate court found that “Napster users infringe at least two of the copyright holders’ exclusive rights: the rights of reproduction.2. The 9th Circuit Federal Court of Appeals found that it was clear the defendants violated at least one of the copyright holders’ five exclusive rights: the right to reproduce.187. the private reproduction of a published work in a single copy. Court Whether or not. Habana et al. Robles committed no copyright infringement? Held No. and subject to the provisions of Subsection 187.S. 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.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. scheme of presentation. Napster’s space-shifting argument did not hold. In copyrighting books the purpose is to give protection to the intellectual product of an author. effect of use on the market. 131522. Piracy A copy of a piracy is an infringement of the original. he at least knew that what he was copying was not his. are mentioned. where the reproduction is made by a natural person exclusively for The court also examined Napster’s fair use claims using the four fair use factors: purpose and character of the use. Habana then made demands for damages against respondents and also demanded that they cease and desist from further selling and distributing to the general public the infringed copies of Robles’ works. To constitute infringement. that is sufficient in point of law to constitute piracy. Robles ignored the demands. thematic and sequential similarity between DEP and CET. and infringement of copyright. 186 Section 186. or the labors of the original author are substantially and to an injurious extent appropriated by another. However. or even a large portion of it. District Court ruled in favor of A&M and issued an injunction by which Napster should further refrain from providing their service. Issues Rommel A.1 (b). No. Notwithstanding the provision of Section 177. Work of Architecture. Infringement of a copyright is a trespass on a private domain owned and occupied by the owner of the copyright. because the users were not just simply converting their media between formats for storage. In determining the question of infringement. and distribution. in such cases.R. A&M Records Inc. which is a synonymous term in this connection. it is not necessary that the whole or even a large portion of the work shall have been copied. perform. Decision) Facts Napster was a web-based company for the purpose of providing a platform for users to exchange digital music with other users. (c) Work of Architecture Sec.” The courts deduced that by uploading files to the Napster search index. 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. illustrations and illustrative examples in their own book. the work is appropriated. if appearing on the work. under Section 184. if not all together a copy of Habana’s book. (Cornell) Habana vs. Reproduction of Published Work. No decision was made on the argument of permissive reproduction. consists in the doing by any person. Napster claimed that this was not the case. 00-16401 (U. She circulated the book DEP for commercial use and did not acknowledge Habana as her source. Robles G. hence.187. Quotations from a published work if they are compatible with fair use and only to the extent justified by the purpose. without the consent of the owner of the copyright. A&M alleged that Napster was a contributor to the copyright infringements against their company. and. distribute. Robles still committed copyright infringement. citing that such a device would provide Napster with an “easy out” while seemingly punishing the copyright holders. try to revise their work they encountered by chance that the work of Robles (DEP) is similar of the contents. Issues Whether or not Napster violated one of the exclusive copyright of A&M? Held Whether or not it constitutes fair use? No. their users had to be directly infringing on A&M’s copyrights. but were sharing the files as well. or piracy. prepare derivative work. (n) (d) Reproduction of Published Work Sec. Habana found that several pages of the Robles’ book are similar. Tio Page 13 of 21 Intellectual Property Law . because the “samples” were in fact permanent and complete files on the users’ hard drives. the injury consists in that Robles lifted from Habana’s book materials that were the result of the latter’s research work and compilation and misrepresented them as her own. which is a case of plagiarism and copyright infringement. vs. did not know whether or not he was infringing any copyright. of anything the sole right to do which is conferred by statute on the owner of the copyright. 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 of a building to which that copyright relates. there is a clear case of appropriation of copyrighted work for her benefit that Robles committed. The U. be copied. the amount of matter copied from the copyrighted work is an important consideration. and it is no defense that the pirate. and display. . and permissive distribution. July 19. Napster’s defense was such that in order for their company to be liable for contributory infringement. Makati. § 106(3). and thus filed copyright suit against Napster. 1999 Facts Habana is the author of the copyrighted book entitled College English for Today (CET). If so much is taken that the value of the original is sensibly diminished. Habana’s work as authors is the product of their long and assiduous research and for another to represent it as her own is injury enough.UNIVERSITY OF SAN CARLOS 185. Finally. nature of the use. despite the apparent textual. but their users were instead engaging in three types of fair use: sampling. In cases of infringement. Robles and GoodWill is the author and publisher of the book entitled Developing English Proficiency (DEP). When Habana et al. copying alone is not what is prohibited. A&M saw the potential negative impact of this service to their sales. portion used. . and her failure to acknowledge the same in her book is an infringement of petitioners’ copyrights. therefore. § 106(1).
the required copies or reproductions are not delivered and the fee is not paid. (Sec. when this is considered expedient.2. or other owner of copyright in. by personal delivery or by registered mail two (2) complete copies or reproductions of the work in such form as the directors of said libraries may prescribe. 30.189. That every library which. 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.D. and such unlawful use shall be deemed an infringement and shall be punishable as such without prejudice to the proprietor's right of action. be registered and deposited with it. 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.2. the importation of a copy of a work by an individual for his personal purposes shall be permitted without the authorization of the author of. 192. for the purpose of completing the records of the National Library and the Supreme Court Library. 49a) Section 192. 26.2. 190 Section 190. . If. Subject to the approval of the Secretary of Finance. (b) When such copies form parts of libraries and personal baggage belonging to persons or families arriving from foreign countries and are not intended for sale: Provided.6. shall be entitled. 189 Section 189. No copy or adaptation mentioned in this Section shall be used for any purpose other than the ones determined in this Section.2.3. This provision shall be without prejudice to the application of Section 185 whenever appropriate. 190. 172. Importation for Personal Purposes. (n) (g) Importation for Personal Purposes Sec. any library or archive whose activities are not for profit may. 189. in the permanent collection of another similar library or archive. without the authorization of the author of. or of a musical work in graphic form by reprographic means. Copies imported as allowed by this Section may not lawfully be used in any way to violate the rights of owner the copyright or annul or limit the protection secured by this Act. but subject to the limitation under the Subsection 185. 189. (Sec. (d) A computer program except as provided in Section 189. the copyright owner shall be liable to pay a fine equivalent to the required fee per month of delay and to pay to the National Library and the Supreme Court Library the amount of the retail price of the best edition of the work. the reproduction in one (1) back-up copy or adaptation of a computer program shall be permitted. for which the computer program has been obtained. The permission granted under Subsection 187. P. within three (3) weeks. by law. the year of such death. Tio Page 14 of 21 Intellectual Property Law .3 of this Act.Each copy of a work published or offered for sale may contain a notice bearing the name of the copyright owner. 49) (9) Registration and Deposit with National Library and Supreme Court Library Sec.1. 188. Notwithstanding the above provisions. and. No. P. or free public library in the Philippines. charitable. a copy which has been lost. Only the above mentioned classes of work shall be accepted for deposit by the National Library and the Supreme Court Library. is entitled to receive copies of a printed work.190. . within three (3) weeks after receipt by the copyright owner of a written demand from the directors for such deposit. 49a) Rommel A. university. Notice of Copyright. . .1 shall not extend to the reproduction of: (a) A work of architecture in the form of building or other construction. (c) A compilation of data and other materials. P. That the copy or adaptation is necessary for: (a) The use of the computer program in conjunction with a computer for the purpose. and (e) Any work in cases where reproduction would unreasonably conflict with a normal exploitation of the work or would otherwise unreasonably prejudice the legitimate interests of the author.D. when special reasons so require. 227. by the lawful owner of that computer program: Provided. the work under the following circumstances: (a) When copies of the work are not available in the Philippines and: (i) Not more than one (1) copy at one time is imported for strictly individual use only. destroyed or rendered unusable.6.188. in copies produced after the creator's death. (b) An entire book. and to the extent.2.UNIVERSITY OF SAN CARLOS research and private study.2 and 172. consisting of not more than three (3) such copies or likenesses in any one invoice. (Sec. Registration and Deposit with National Library and the Supreme Court Library. there shall. or to replace. 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. Reprographic Reproduction by Libraries. A certificate of deposit shall be issued for which the prescribed fee shall be collected and the copyright owner shall be exempt from making additional deposit of the works with the National Library and the Supreme Court Library under other laws. 228 CHAPTER IX DEPOSIT AND NOTICE Section 191.1. No. destroyed or rendered unusable and copies are not available with the publisher. and (b) Archival purposes. 49a) (f) Reproduction of Computer Program Sec. (Sec. shall be permitted. or a substantial part thereof. or is for the encouragement of the fine arts. 13. replace a copy. and. 190.3. make a single copy of the work by reprographic reproduction: (a) Where the work by reason of its fragile character or rarity cannot be lent to user in its original form.D. and (c) Where the making of such a copy is in order to preserve and. That such copies do not exceed three (3). P. 187. (n) (e) Reprographic Reproduction by Libraries Sec. Notwithstanding the provisions of Subsection 177. Notwithstanding the provision of Subsection 177.After the first public dissemination of performance by authority of the copyright owner of a work falling under Subsections 172. if necessary in the event that it is lost. (b) 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. or for any state school. without the authorization of the owner of copyright in the work. is not for sale but for the use only of any religious. or (ii) The importation is by authority of and for the use of the Philippine Government. to reproduce a copy of a published work which is considered necessary for the collection of the library but which is out of stock. destroyed or rendered unusable. college.1. 191.1. unless the volume. Notwithstanding the provisions of Section 177. No. tome or part is out of stock: Provided.D. Reproduction of Computer Program. to persons requesting their loan for purposes of research or study instead of lending the volumes or booklets which contain them. 27. or educational society or institution duly incorporated or registered. and the year of its first publication. a computer program. 188 Section 188. without the authorization of the author of copyright owner. or other owner of copyright in. . or (iii) The importation. the Commissioner of Customs is hereby empowered to make rules and regulations for preventing the importation of articles the importation of which is prohibited under this Section and under 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.
193 CHAPTER X MORAL RIGHTS Section 193.1. 61. P. 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%). . P.D. The rights of an author under this chapter shall last during the lifetime of the author and for fifty (50) years after his death and shall not be assignable or subject to license. (b) Breach of Contract Sec. (Sec. P. have the right: Note: Economic Rights is independent for Moral Rights 193.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. 58. in particular. Breach of Contract. 193. Contribution to Collective Work. The Director of the National Library may prescribe reasonable fees to be charged for his services in the application of provisions of this Section. To object to any distortion. To use the name of the author. 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. 35. 49) (c) Waiver of Moral Rights Sec. 49) (12) Rights of Performers.All copies deposited and instruments in writing filed with the National Library and the Supreme Court Library in accordance with the provisions of this Act shall become the property of the Government. To require that the authorship of the works be attributed to him.1. shall belong to the government. independently of the economic rights in Section 177 or the grant of an assignment or license with respect to such right. the right that his name. No. 49) (e) Term of Moral Rights Sec.D. No. No. 49) Section 226. 37. To make any alterations of his work prior to. his work which would be prejudicial to his honor or reputation.1.An author cannot be compelled to perform his contract to create a work or for the publication of his work already in existence. Works Not Covered. 196 Section 196. No. .D. would substantially tend to injure the literary or artistic reputation of another author. mutilation or other modification of. 62. Any damage recovered after the creator's death shall be held in trust for and remitted to his heirs. . Waiver of Moral Rights. The Director of the National Library is empowered to issue such safeguards and regulations as may be necessary to implement this Section and other provisions of this Act.The author of a work shall. and in default of the heirs. P. works of applied art. P. 40. Damages.2. (Sec.D. Sale or Lease of Work.202. No. engravings. damages which may be availed of under the Civil Code may also be recovered. No. Fees.When an author contributes to a collective work.D. subsequent to the first disposition thereof by the author. Scope of Moral Rights. Enforcement Remedies. The National Library shall have the power to collect. . Ownership of Deposit and Instruments. such enforcement shall devolve upon either the author's heirs. To use the name of the author with respect to a work he did not create. partnership. In default of such person or persons. 49) Notes: Right to Right to Right to Right to attribution or paternity right alteration on non publication preservation of integrity be indentified with work of others with distorted work Transfer or Licensing are different. P.In every sale or lease of an original work of painting or sculpture or of the original manuscript of a writer or composer. (Sec. . 226 Section 198. or other derogatory action in relation to. P. and in connection with the public use of his work. . Term of Moral Rights. 200. (Sec. or 195. or to withhold it from publication. No. P. Public Records. (Sec.UNIVERSITY OF SAN CARLOS Section 195. or otherwise to make use of his reputation with respect to any version or adaptation of his work which. 49) Section 199. 49) Section 228. for the discharge of its services under this Act. (Sec. P. and 193.The provisions of this Chapter shall not apply to prints.2. "Person" shall mean any individual. . and in default of the heirs. 202. No. Tio Page 15 of 21 Intellectual Property Law .No damages may be recovered under this Act after four (4) years from the time the cause of action arose. he may be held liable for damages for breach of such contract. 8 CHAPTER XII Note: The value of the notice of copyright is enforcing your copyright in infringement case CHAPTER XX MISCELLANEOUS PROVISIONS Section 227. but no such waiver shall be valid where its effects is to permit another: 195.The section or division of the National Library and the Supreme Court Library charged with receiving copies and instruments deposited and with keeping records required under this Act and everything in it shall be opened to public inspection. the Director of the National Library.4.D. This right shall exist during the lifetime of the author and for fifty (50) years after his death. 49) Section 201. 201 Section 200. . 49) (11) Rights to Proceed in Subsequent Transfers (a) Sale or Lease of Work Sec. For purposes of this Section. or works of similar kind wherein the author primarily derives gain from the proceeds of reproductions.D. .D. In addition. However. or society. (Sec. 195 Rommel A. 33. Producers of Sound Recordings and Broadcasting Organizations (a) Definitions Sec.D. 39. 193.The Copyright Section of the National Library shall be classified as a Division upon the effectivity of this Act.D. .2. corporation. 31.D. 49) (d) Contribution to Collective Work Sec. P. etchings. 49) Section 229.3. The person or persons to be charged with the posthumous enforcement of these rights shall be named in writing to be filed with the National Library. P D No. 36. (Sec. because of alterations therein. as far as practicable. or the title of his work. association. such fees as may be promulgated by it from time to time subject to the approval of the Department Head. be indicated in a prominent way on the copies. No. 198. 199. 194 Section 194.198. (Sec. . 49a) (10) Moral Rights (a) Scope of Moral Rights Sec. his right to have his contribution attributed to him is deemed waived unless he expressly reserves it. No. (Sec. . Copyright Division. 198. 60. 34.An author may waive his rights mentioned in Section 193 by a written instrument. (Sec. P. (Sec.
205. (n) (e) Additional Remuneration for Subsequent Communications or Broadcasts Sec. P. 205.3. 202. For purposes of Section 209. performers shall enjoy the following exclusive rights: 203. mutilation or other modification of his performances that would be prejudicial to his reputation. by wire or wireless means. shall. 202. The rights granted to a performer in accordance with Subsection 203. musicians. Contract Terms. No.Subject to the provisions of Section 212.4.1. The right of authorizing the direct or indirect reproduction of their performances fixed in sound recordings.2. An "audiovisual work or fixation" is a work that consists of a series of related images which impart the impression of motion. 203. Scope of Right. 210 CHAPTER XIII PRODUCERS OF SOUND RECORDINGS Section 208. The right of authorizing the commercial rental to the public of the original and copies of their performances fixed in sound recordings.205. by any medium.For the purpose of this Act. or otherwise perform literary and artistic work. otherwise than by broadcasting. with the consent of the right holder: Provided. Tio Page 16 of 21 Intellectual Property Law . the performer shall be entitled to an additional remuneration equivalent to at least five percent (5%) of the original compensation he or she received for the first communication or broadcast. Independently of a performer's economic rights. from which they can be perceived. declaim. with or without accompanying sounds.1.1 shall be maintained and exercised fifty (50) years after his death. Moral Rights of Performers. play in.7. and in default of heirs.1. who or which takes the initiative and has the responsibility for the first fixation of the sounds of a performance or other sounds. or pursuant to the authorization by the performer. 202. 49a) Rommel A. 208. Additional Remuneration for Subsequent Communications or Broadcasts. "Broadcasting" means the transmission by wireless means for the public reception of sounds or of images or of representations thereof. of sounds of a performance or the representations of sounds fixed in a sound recording. or representation of sound. 204. singers. the provisions of Sections 203 shall have no further application. Scope of Performers' Rights. No.2 Section 205. once the performer has authorized the broadcasting or fixation of his performance. 5. "Fixation" means the embodiment of sounds. the performer.D. dancers. the following terms shall have the following meanings: 202. or the legal entity. . in any manner or form.2.Nothing in this Chapter shall be construed to deprive performers of the right to agree by contracts on terms and conditions more favorable for them in respect of any use of their performance.5.2. 205. 203 Section 203. . 49) (d) Limitation on Performers’ Rights Sec. 204. No. "Performers" are actors. "Sound recording" means the fixation of the sounds of a performance or of other sounds. (n) (g) Scope of Right on Sound Recordings Sec. Definitions.Subject to the provisions of Section 212. in such a way that members of the public may access them from a place and time individually chosen by them. "Broadcasting organization" shall include a natural person or a juridical entity duly authorized to engage in broadcasting. (Sec. 203. The right to authorize the first public distribution of the original and copies of their sound recordings through sale or rental or other forms of transferring ownership. . PRODUCERS OF SOUNDS RECORDINGS AND BROADCASTING ORGANIZATIONS Section 202. susceptible of being made visible and. (Sec.3. the right of authorizing the first public distribution of the original and copies of their performance fixed in the sound recording through sale or rental or other forms of transfer of ownership.3. even after distribution of them by. and (b) The fixation of their unfixed performance. and 208. except where the omission is dictated by the manner of the use of the performance. "communication to the public" includes making the sounds or representations of sounds fixed in a sound recording audible to the public. (Sec. interpret.D. and 203. 49a) (c) Moral Rights of Performers Sec. producers of sound recordings shall enjoy the following exclusive rights: 208.6. 43. The right to authorize the commercial rental to the public of the original and copies of their sound recordings. 208.1 Section 204. 207 Section 207. reproduced or communicated through a device. and other persons who act. (n) (f) Contract Terms Sec.9 "Communication to the public of a performance or a sound recording" means the transmission to the public.UNIVERSITY OF SAN CARLOS RIGHTS OF PERFORMERS.1. by his heirs. and 202. The provisions of Section 184 and Section 185 shall apply mutatis mutandis to performers. sing. "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. The right to authorize the direct or indirect reproduction of their sound recordings. and to object to any distortion. Limitation on Right. 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. That copies are offered to the public in reasonable quality. other than in the form of a fixation incorporated in a cinematographic or other audiovisual work. in every communication to the public or broadcast of a performance subsequent to the first communication or broadcast thereof by the broadcasting organization. or the representation of sounds. P. 204.Unless otherwise provided in the contract. have the right to claim to be identified as the performer of his performances. 202.1.2.D. Subject to the provisions of Section 206.8. 202. 46. (b) Scope of Performers’ Rights Sec. the placing of these reproductions in the market and the right of rental or lending. The right of authorizing the making available to the public of their performances fixed in sound recordings. 202. . "Producer of a sound recording" means the person. the right of authorizing: (a) The broadcasting and other communication to the public of their performance. even after distribution by them by or pursuant to authorization by the producer. 203. As regards their performances. . or of the representations thereof.4. Subject to the provisions of Section 206. 202. . in any manner or form.204. . the government. as regards his live aural performances or performances fixed in sound recordings. where protection is claimed. 42.2. susceptible of being made audible. where accompanied by sounds. 206 Section 206. P.
however. 175769-70. The retransmission of ABS-CBN’s signals by PMSI – which functions essentially as a cable television – does not therefore constitute rebroadcasting in violation of the former’s intellectual property rights under the IP Code. Issues (1) Whether or not PMSI’s unauthorized rebroadcasting of Channels 2 and 23 is an infringement of its broadcasting rights and copyright under the Intellectual Property Code? (2) Whether or not Memorandum Circular No. Subject to the provisions of Subsections 213. The rebroadcasting of their broadcasts. the Bureau of Legal Affairs (BLA) of the IPO granted ABS-CBN’s application for a temporary restraining order. 52. P. No. . 44.2. 2002. It delivers digital direct-to-home (DTH) television via satellite to its subscribers all over the Philippines. PMSI suspended its retransmission of Channels 2 and 23.”. PMSI replied that the rebroadcasting was in accordance with the authority granted it by NTC and its obligation under NTC Memorandum Circular No. (Sec. and 211. PMSI was granted a legislative franchise under Republic Act No. 211. Clearly. 2002 by ABS-CBN allegedly due to PMSI’s inability to ensure the prevention of illegal retransmission and further rebroadcast of its signals. It alleged that PMSI’s unauthorized rebroadcasting of Channels 2 and 23 infringed on its broadcasting rights and copyright. of their broadcasts for the purpose of communication to the public of television broadcasts of the same. No. a single equitable remuneration for the performer or performers. Tio Page 17 of 21 Intellectual Property Law . Channel 4. Using short excerpts for reporting current events.UNIVERSITY OF SAN CARLOS Section 210. GMA Channel 7. (Sec. Thereafter.2 of which requires all cable television system operators operating in a community within Grade “A” or “B” contours to carry the television signals of the authorized television broadcast stations.2.D.213. 04-08-88. negotiations ensued between the parties in an effort to reach a settlement. who. together with other paid premium program channels. On April 27. (PMSI) is the operator of Dream Broadcasting System. 47. Philippine Multi-Media System. PMSI does not perform the functions of a broadcasting organization. PMSI merely carries such signals which the viewers receive in its unaltered form. it cannot be said that it is engaged in rebroadcasting Channels 2 and 23. RPN Channel 9. Producers of Phonograms and Broadcasting Organizations.4. 212 CHAPTER XV LIMITATIONS ON PROTECTION Section 212.1.7 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. 213 Section 213.2 to 213.” On the other hand. Multi-Media System Inc. 208 and 209 shall not apply where the acts referred to in those Sections are related to: 212. 209 Section 209.D. 2002. On July 12. is “the simultaneous broadcasting by one broadcasting organization of the broadcast of another broadcasting organization.3. PMSI does not produce. . NBN. No. ABS-CBN filed with the IPO a complaint for “Violation of Laws Involving Property Rights.D. Phil. 2002. television programs shown in Metro Manila and nearby provinces are not necessarily shown in other provinces. ABS-CBN demanded for PMSI to cease and desist from rebroadcasting Channels 2 and 23.1. on April 25. as well as the adverse effect of the rebroadcasts on the business operations of its regional television stations. The use by a natural person exclusively for his own personal purposes. 86305 on May 7. On May 13. Insofar as Channels 2 and 23 are concerned. However. 49a) (i) Scope of Right of Broadcasting Organizations Sec. 04-08-88 excludes DTH satellite television operators? Held PMSI did not infringe on ABS-CBN’s intellectual property rights under the IP Code. Limitations on Rights. or determine the programs to be shown in Channels 2 and 23. Thus. 49) (j) Limitations on Rights Sec. authorize or prevent any of the following acts: 211. Jan.5.If a sound recording published for commercial purposes. of which the Republic of the Philippines is a signatory. The use of such records for fresh transmissions or for fresh recording. Communication to the Public. (Sec. and by satellite to provincial stations through Channel 2 on Very High Frequency (VHF) and Channel 23 on Ultra High Frequency (UHF). 49a) ABS-CBN vs. (13) Term of Protection in General (a) Term of Protection Sec. PMSI merely retransmits the same in accordance with Memorandum Circular 04-08-88. 2001.D. .” PMSI would not qualify as a broadcasting organization because it does not have the aforementioned responsibilities imposed upon broadcasting organizations. With regard to its premium channels. . ABC Channel 5. 2009 Facts ABS-CBN Broadcasting Corporation (ABS-CBN) is licensed under the laws of the Republic of the Philippines to engage in television and radio broadcasting. 19. Fair use of the broadcast subject to the conditions under Section 185. operate and maintain a nationwide DTH satellite service. such as ABS-CBN. thus. The programs aired over Channels 2 and 23 are either produced by ABS-CBN or purchased from or licensed by other producers. the copyright in works under Sections 172 Rommel A. 1998 and was given a Provisional Authority by the National Telecommunications Commission (NTC) on February 1. the negotiations were terminated on April 4. ABS-CBN also owns regional television stations which pattern their programming in accordance with perceived demands of the region. with Prayer for the Issuance of a Temporary Restraining Order and/or Writ of Preliminary Injunction.Sections 203. Limitation of Right. Likewise. 49a) (h) Communication to the Public on Sound Recordings Sec. including the making of films or the use of video tape. When it commenced operations. is used directly for broadcasting or for other communication to the public. PMSI Argument Broadcasting Channels 1 & 23 is subject to the must-carry rule under Memorandum Circular No. On July 2. P. 4-08-88. ABS-CBN creates and transmits its own signals. in the absence of any agreement shall share equally. Scope of Right. Section 6. it buys the channels from content providers and transmits on an as-is basis to its viewers. 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. It broadcasts television programs by wireless means to Metro Manila and nearby provinces.Subject to the provisions of Section 212. 211 CHAPTER XIV BROADCASTING ORGANIZATIONS Section 211. (Sec. The recording in any manner. or a reproduction of such sound recording. otherwise known as the 1961 Rome Convention. Use solely for the purpose of teaching or for scientific research.Sections 184 and 185 shall apply mutatis mutandis to the producer of sound recordings. Inc. 2000 to install. 212. and IBC Channel 13.1. select. broadcasting organizations shall enjoy the exclusive right to carry out. Section 202. No. G. 48. or is publicly performed with the intention of making and enhancing profit. Term of Protection. 2001.R. No. 212. rebroadcasting as defined in Article 3(g) of the International Convention for the Protection of Performers. P. .3. it offered as part of its program line-up ABS-CBN Channels 2 and 23. it does not pass itself off as the origin or author of such programs. and the producer of the sound recording shall be paid by the user to both the performers and the producer. and 212. P.
the provisions of Subsections 213.UNIVERSITY OF SAN CARLOS and 173 shall be protected during the life of the author and for fifty (50) years after his death. 2005 Facts Microsoft Corporation ("Microsoft"). second sentence. The extended term shall be applied only to old works with subsisting protection under the prior law. In case of anonymous or pseudonymous works. Under Section 2(a) of the Agreement. 49. The PCS employee and the NBI agent were not given the Microsoft end-user license agreements.6. That where. P. 49a) (14) Infringement (a) How committed Rommel A. 24(C). 215.2. Issues Whether or not Beltron and TMC are liable for copyright infringement and unfair competition? Held The gravamen of copyright infringement is not merely the unauthorized "manufacturing" of intellectual works but rather the unauthorized performance of any of the acts covered by Section 5. of anything the sole right to do which is conferred by statute on the owner of the copyright. United States corporation.D. No. encased in plastic containers with Microsoft packaging.T. if unpublished. therefore. further.4. Inc. In case of photographic works. hired the services of Pinkerton Consulting Services ("PCS").M. 23. ("PD 49") and with unfair competition under Article 189(1) of the Revised Penal Code. 24(C). a copyright owner is vested with the exclusive right to "copy. before the expiration of the said period. distribute. (Sec. fifty (50) years from the end of the year in which the performance took place. accessories. Microsoft authorized Beltron. Infringement of a copyright is a trespass on a private domain owned and occupied by the owner of the copyright. for a fee. In case of works of joint authorship. Microsoft alleged that respondents illegally copied and sold Microsoft software. from the date of making.R. vs. to: (1) reproduce and install no more than one (1) copy of Microsoft software on each Customer System hard disk or Read Only Memory ("ROM") (2) distribute directly or indirectly and license copies of the Product in object code form to end users The Agreement also authorized Microsoft and Beltron to terminate the contract if the other fails to comply with any of the Agreement’s provisions. Hwang G. 21. owns the copyright and trademark to several computer software. The CPU contained pre-installed Microsoft Windows 3. No. Significantly. also contained Microsoft software.1. Microsoft. (Sec. Calculation of Term. consists in the doing by any person. 213. No. In case of works of applied art the protection shall be for a period of twenty-five (25) years from the date of making. Tio Page 18 of 21 Intellectual Property Law . Microsoft and a certain Lotus Development Corporation ("Lotus Corporation") charged Beltron and TMC before the Department of Justice ("DOJ") with copyright infringement under Section 5(A) in relation to Section 29 of Presidential Decree No. 4 213. if unpublished. a PCS employee and an NBI agent posing as representatives of a computer shop. without the consent of the owner of the copyright. Microsoft also sought the assistance of the National Bureau of Investigation ("NBI"). Microsoft and Beltron entered into a Licensing Agreement ("Agreement"). the protection shall be for fifty (50) years from publication of the work and.3 213. 49) (b) Term of Protection Broadcasting Organizations Sec.D. P. No. or piracy. fifty (50) years from the making. 215. (Sec. Term of Protection for Performers. P. Afterwards. ("TMTC") are domestic corporations. ("Beltron") and Taiwan Machinery Display & Trade Center. any person who performs any of the acts under Section 5 without obtaining the copyright owner’s prior consent renders himself civilly and criminally liable for copyright infringement. first sentence. Beltron Computer Philippines.2 for Performers.2 213. 49a) (i) Joint Authorship Sec. protected by law. (Sec. Producers and Broadcasting Organizations. Microsoft learned that Beltron were illegally copying and selling Microsoft software.D.215. 213. Microsoft terminated the Agreement effective 22 June 1995 for Beltron’s non-payment of royalties. Inc. as amended. and. (Sec. At least two of the CD-ROMs were "installers.D. On 10 November 1995. No. through its Philippine agent. No. user’s manuals. Producers and Microsoft Corp. (Sec. 49) (ii) Anonymous or Pseudonymous Works Sec. (PHILS.D." The NBI searched the premises of Beltron and TMTC and seized several computer-related hardware. In May 1993. Based on the articles obtained from Beltron and TMC. 213.1 and MS-DOS software. as amended in January 1994. 49) (iii) Works of Applied Art Sec. (Sec. 49a) (iv) Photographic Works Sec.3. The rights granted to performers and producers of sound recordings under this law shall expire: (a) For performances not incorporated in recordings.2. In case of audio-visual works including those produced by process analogous to photography or any process for making audio-visual recordings. Hence. the term shall be twenty (20) years from the date the broadcast took place. [and] sell" his intellectual works. the copyright shall be protected for fifty (50) years from the date on which the work was first lawfully published: Provided.D. The receipt issued to them for the CPU and monitor bore the heading "T.C. as the case may be: Provided. The elements of unfair competition under Article 189(1)43 of the Revised Penal Code are: Section 215. . . June 21. 24(B).2 shall apply. 25. That such works if not published before shall be protected for fifty (50) years counted from the making of the work. under Section 5(A). P. In case of broadcasts. but such terms shall always be deemed to begin on the first day of January of the year following the event which gave rise to them. multiply. P.6 213. 55. P. a private investigative firm.The term of protection subsequent to the death of the author provided in the preceding Section shall run from the date of his death or of publication. 214 Section 214. and paraphernalia based on the search warrant applied by Microsoft. P. P." so-called because they contain several software (Microsoft only or both Microsoft and nonMicrosoft). The 12 CD-ROMs. bought computer hardware (central processing unit ("CPU") and computer monitor) and software (12 computer disks ("CDs") in read-only memory ("ROM") format) from Beltron. 213. This rule also applies to posthumous works.D. the term shall be fifty (50) years from date of publication and. No. 147043. which is a synonymous term in this connection. a Delaware. 49a) (v)Audio-visual Works Sec. and (b) For sound or image and sound recordings and for performances incorporated therein.5 213.1. fifty (50) years from the end of the year in which the recording took place. software. the economic rights shall be protected during the life of the last surviving author and for fifty (50) years after his death. 21. No.D.5. 215.) INC. 213. and 213. and infringement of copyright. BELTRON COMPUTER. registration cards or certificates of authenticity for the articles they purchased. 49a) (vi) Calculation of Terms Sec. Consequently. the author's identity is revealed or is no longer in doubt. (Sec.
subsidiary imprisonment in cases of insolvency.000) to One hundred fifty thousand pesos (P150. (b) Remedies for Infringement Sec. No. Robles still committed copyright infringement. Robles and GoodWill is the author and publisher of the book entitled Developing English Proficiency (DEP). vs.2 CHAPTER XVII INFRINGEMENT Section 216. Remedies for Infringement. Maxicorp Inc 438 SCRA 224 Facts Microsoft sued Maxicorp for copyright infringement and unfair competition for production. Habana found that several pages of the Robles’ book are similar. installing and selling of counterfeit Microsoft’s products. wise and equitable and the destruction of infringing copies of the work even in the event of acquittal in a criminal case.1. upon such terms and conditions as the court may prescribe. (Sec. After an itemized examination and comparison of the two books (CET and DEP).500. if not all together a copy of Habana’s book. Any person infringing any right secured by provisions of Part IV of this Act or aiding or abetting such infringement shall be guilty of a crime punishable by: (a) Imprisonment of one (1) year to three (3) years plus a fine ranging from Fifty thousand pesos (P50. Tio Page 19 of 21 Intellectual Property Law . from copying.000) for the third and subsequent offenses. Habana et al. or in the (3) device or words therein. all articles and their packaging alleged to infringe a copyright and implements for making them. (c) Deliver under oath. immediately after customs clearance of such goods. (b) Imprisonment of three (3) years and one (1) day to six (6) years plus a fine ranging from One hundred fifty thousand pesos (P150. In copyrighting books the purpose is to give protection to the intellectual product of an author. such damages which to the court shall appear to be just and shall not be regarded as penalty. This is precisely what the law on copyright protected.D. Columbia Pictures Inc. (e) Such other terms and conditions. In cases of infringement. Quotations from a published work if they are compatible with fair use and only to the extent justified by the purpose. to prevent the entry into the channels of commerce of imported goods that involve an infringement. CA. 28. or in (4) any other feature of their appearance (c) That the offender offers to sell or sells those goods or gives other persons a chance or opportunity to do the same with a like purpose[. including the payment of moral and exemplary damages.000) for the second offense. or other means for making such infringing copies as the court may order. . filed with the Regional Trial Court. among others. molds. (d) In all cases. scheme of presentation. hence.2. In an infringement action. Robles’ act of lifting from the book of petitioners substantial portions of discussions and examples. Robles committed no copyright infringement? Held No. . there is a clear case of appropriation of copyrighted work for her benefit that Robles committed. in lieu of actual damages and profits. Habana then made demands for damages against respondents and also demanded that they cease and desist from further selling and distributing to the general public the infringed copies of Robles’ works.217. Hence. packaging to marketing. (c) Imprisonment of six (6) years and one (1) day to nine (9) years plus a fine ranging from five hundred thousand pesos (P500. 217. despite the apparent textual. under Section 184. Robles 310 SCRA 522 (1999) Facts Habana is the author of the copyrighted book entitled College English for Today (CET). and in proving profits the plaintiff shall be required to prove sales only and the defendant shall be required to prove every element of cost which he claims. Microsoft Corp. Makati. for impounding during the pendency of the action. 216. and her failure to acknowledge the same in her book is an infringement of petitioners’ copyrights.1. Any person infringing a right protected under this law shall be liable: (a) To an injunction restraining such infringement. including legal costs and other expenses. thematic and sequential similarity between DEP and CET. and] (d) That there is actual intent to deceive the public or defraud a competitor. Rommel A. sales invoices and other documents evidencing sales. P. 216. as well as all plates. 216. However. which the court may deem proper. When Habana et al. including the mere offering for sale of the counterfeit goods.1 (b). (d) Deliver under oath for destruction without any compensation all infringing copies or devices. copying alone is not what is prohibited. illustrations and illustrative examples in their own book.000) to One million five hundred thousand pesos (P1. Microsoft alleged that they did not authorize Maxicorp for production or selling of their products.216.UNIVERSITY OF SAN CARLOS (a) That the offender gives his goods the general appearance of the goods of another manufacturer or dealer. try to revise their work they encountered by chance that the work of Robles (DEP) is similar of the contents. (b) Pay to the copyright proprietor or his assigns or heirs such actual damages. The court may also order the defendant to desist from an infringement. a complaint for “Infringement and/or unfair competition with damages” against private respondents. 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. Issues Whether or not. (b) That the general appearance is shown in the (1) goods themselves. Habana’s work as authors is the product of their long and assiduous research and for another to represent it as her own is injury enough. They cover a whole range of acts. as he may have incurred due to the infringement as well as the profits the infringer may have made due to such infringement.3 Section 217. Issues Whether or not Maxicorp committed copyright infringement and unfair competition? Held Copyright infringement and unfair competition are not limited to the act of selling counterfeit goods. 217.000) for the first offense. Here. the court shall also have the power to order the seizure and impounding of any article which may serve as evidence in the court proceedings. 49a) Habana vs. the injury consists in that Robles lifted from Habana’s book materials that were the result of the latter’s research work and compilation and misrepresented them as her own. Criminal Penalties. vs. if appearing on the work. supra Facts Issues Held (c) Criminal Penalties Sec. or in the (2) wrapping of their packages. are mentioned. Robles ignored the demands. assembling. which is a case of plagiarism and copyright infringement. She circulated the book DEP for commercial use and did not acknowledge Habana as her source. The copying must produce an “injurious effect”.000) to Five hundred thousand pesos (P500. or.
Section 172. or the ownership of copyright in such work or subject matter.2 of which reads: Held Rommel A. or ought to know. Issues Whether or not Bayanihan as assignee of the copyrights over the musical compositions in question has a clear legal right to a writ of preliminary injunction? No. the power to administer his copyright over his two songs and to act as the exclusive publisher thereof. copyright subsisted in the work or other subject matter. conformably with Republic Act No. Three years after the parties entered into a similar contract over Chan's other musical composition entitled "Afraid For Love To Fade". and the court before which such affidavit is produced shall assume that the affidavit was made by or on behalf of the owner of the copyright. (n) (e) Presumption of Authorship Sec. 219. (n) Bayanihan Music Phils. and (c) The copy of the work or other subject matter annexed thereto is a true copy thereof. or by way of trade offering or exposing for sale. otherwise known as the Intellectual Property Code. 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.1. thereby rendering moot Bayanihan's prayer for TRO and/or preliminary injunction. No.2.2. in the absence of proof to the contrary. The person or body corporate whose name appears on a audiovisual work in the usual manner shall. the composer and author of the lyrics of the two (2) songs. (b) Distributing the article for purpose of trade. On the strength of the abovementioned contracts. Any person who at the time when copyright subsists in a work has in his possession an article which he knows. Bayanihan informed Chan and BMG of its existing copyrights over the subject musical compositions and the alleged violation of such right by the two. P. shall be admitted in evidence in any proceedings for an offense under this Chapter and shall be prima facie proof of the matters therein stated until the contrary is proved. and (b) Where the subsistence of the copyright is established. In determining the number of years of imprisonment and the amount of fine. The natural person whose name is indicated on a work in the usual manner as the author shall. 217. thereby occasioning unnecessary costs or delay in the proceedings. where the pseudonym leaves no doubt as to the identity of the author.219. 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. No. . to be an infringing copy of the work for the purpose of: (a) Selling. letting for hire. without good faith. 2005 Facts Jose Mari Chan (Chan) entered into a contract with Bayanihan Music Philippines.Apparently. or hire. the court may direct that any costs to the defendant in respect of the action shall not be allowed by him and that any costs occasioned by the defendant to other parties shall be paid by him to such other parties. (2) the act against which the injunction is to be directed is a violation of such right. 29. BMG Records G. be presumed to be the maker of said work. be presumed to be the author of the work. shall be guilty of an offense and shall be liable on conviction to imprisonment and fine as above mentioned. otherwise known as the Intellectual Property Code of the Philippines. without the knowledge and consent of petitioner Bayanihan. (2) there is no clear showing that petitioner Bayanihan would be greatly damaged by the refusal of the prayed for TRO and/or preliminary injunction. vs. enjoining respondent BMG from further recording and distributing the subject musical compositions in whatever form of musical products. 8293. the court shall consider the value of the infringing materials that the defendant has produced or manufactured and the damage that the copyright owner has suffered by reason of the infringement. Bayanihan filed a against Chan and BMG for violation of Section 216 of Republic Act No. hence.218. 219. The issuance of an injunctive writ if the following requisites provided for by law are: (1) there must be a right in esse or the existence of a right to be protected. (b) He or the person named therein is the owner of the copyright. 49a) Section 10. 166337. 218. Inc.2 Section 219. However no settlement was reached by the parties. (3) he was not cognizant of the application made by and the subsequent grant of copyrights to Bayanihan. as assignee.R. Affidavit Evidence. In an action under this Chapter. (2) the contracts he entered into with Bayanihan are mere music publication agreements giving Bayanihan. interests and participation over his musical composition "Can We Just Stop and Talk A While". BMG Arguments: (1) the acts of recording and publication sought to be enjoined had already been consummated. Bayanihan has no right for right for injunction over the subject musical compositions.. Inc. is protected by the mere fact alone that he is the creator thereof.D.2 Section 218. (4) Bayanihan was remissed in its obligations under the contracts because it failed to effectively advertise his musical compositions for almost twenty (20) years. . Bayanihan applied for and was granted by the National Library a Certificate of Copyright Registration for each of the two musical compositions. (c) Where the defendant.UNIVERSITY OF SAN CARLOS 217. March 7. and Chan from further granting any authority to record and distribute the same musical compositions. the trial court threaded the correct path in denying petitioner's prayer therefor. Demands were made on both to settle the matter with Bayanihan. Chan Arguments: (1) it was never his intention to divest himself of all his rights and interest over the musical compositions in question. with a prayer for the issuance of Temporary Restraining Order (TRO) and/or writ of preliminary injunction.3. (Sec. 218. an affidavit made before a notary public by or on behalf of the owner of the copyright in any work or other subject matter and stating that: (a) At the time specified therein.2. Hence. Chan.2 (d) Affidavit Evidence Sec. he caused the rescission of said contracts in 1997. Tio Page 20 of 21 Intellectual Property Law . in the absence of proof to the contrary. whereunder the former assigned to the latter all his rights. Presumption of Authorship. or for any other purpose to an extent that will prejudice the rights of the copyright owner in the work.1. the article. This provision shall be applicable even if the name is a pseudonym. or (c) Trade exhibit of the article in public. Chan authorized BMG Records (BMG) to record and distribute the aforementioned musical compositions in a then recently released album of singer Lea Salonga. 8293. 219. (Bayanihan). 218. puts in issue the questions of whether copyright subsists in a work or other subject matter to which the action relates.
the Philippines. Tio Page 21 of 21 Intellectual Property Law . 222 Section 222. 148222. 220. or have their habitual residence in. The copyrights obtained by Bayanihan on the basis of the selfsame two (2) contracts.The provisions of this Act on the protection of sound recordings shall apply to: 223. Where the statement cannot be valid under this Act or any other law concerning intellectual property. No. The protection afforded by this Act to copyrightable works under Sections 172 and 173 shall apply to: (a) Works of authors who are nationals of.2.2. (n) (c) Of Sound Recordings Sec. are to be protected by virtue of and in accordance with any international convention or other international agreement to which the Philippines is a party. 220 Section 220. (c) Works of architecture erected in the Philippines or other artistic works incorporated in a building or other structure located in the Philippines. (b) Audio-visual works the producer of which has his headquarters or habitual residence in the Philippines. . and 223. and to producers of sound recordings and broadcasting organizations which. because respondent Chan had put in issue the existence thereof. The provisions of this Act shall also apply to performers who. Performers who are nationals of the Philippines.2. or (c) Which has not been fixed in sound recording but are carried by broadcast qualifying for protection under this Act.2.2 Section 224.A statement concerning a work. 224. vs. 224.UNIVERSITY OF SAN CARLOS 172. Shoemart Inc. Works are protected by the sole fact of their creation. recorded in an international register in accordance with an international treaty to which the Philippines is or may become a party. suffice it to say 'that such purported copyrights are not presumed to subsist in accordance with Section 218[a] and [b]. (n) (d) For Broadcast Sec. Sound recordings the producers of which are nationals of the Philippines. (n) (15) Points of Attachment of Rights (a)For Literary and Artistic Works and Derivative Works Sec. G. International Registration of Works.1 CHAPTER XVIII SCOPE OF APPLICATION Section 188.8.131.52.224. 223 Section 223. (f) International Registration of Works Sec. 221. (n) Rommel A. or (b) Are incorporated in sound recordings that are protected under this Act. 221. . of the Intellectual Property Code. . . as well as of their content. irrespective of the nationality or residence of the authors. 221.1. The provisions of this Act on the protection of broadcasts shall apply to: (a) Broadcasts of broadcasting organizations the headquarters of which are situated in the Philippines. Points of Attachment for Broadcasts. Points of Attachment for Sound Recordings. 222. and (e) Works first published in another country but also published in the Philippines within thirty days. (d) Works first published in the Philippines.The provisions of this Act on the protection of performers shall apply to: 222. August 15. .1. Points of Attachment for Works under Sections 172 and 173. 224. quality and purpose. The provisions of this Act shall also apply to works that are to be protected by virtue of and in accordance with any international convention or other international agreement to which the Philippines is a party. irrespective of their mode or form of expression.1. Performers who are not nationals of the Philippines but whose performances: (a) Take place in the Philippines.2. 2003 Facts Issues Held (b) For Performers Sec.1. shall be construed as true until the contrary is proved except: 220. Sound recordings that were first published in the Philippines.R. Points of Attachment for Performers. Where the statement is contradicted by another statement recorded in the international register. and (b) Broadcasts transmitted from transmitters situated in the Philippines. (n) Pearl & Dean Inc.
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