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copyright is the conviction that encouragement of individual effort by personal gain is the best way to advance public welfare through the talents of authors and inventions in the ‗science and the arts.‘ OBJECTIVE: To promote the progress of science and the arts. HOW? Congress may grant to authors the exclusive rights to the fruits of their respective works. An author who possesses unlimited copyright may preclude others from copying his creations for commercial purposes without permission. In short, Congress grants a reward to the authors in the form of control over the sale or personal commercial use of copies of their works. OBJECTIVE FURTHER EXPLAINED The primary objective is not to reward the labor of the authors but to promote the progress of science and the arts. It assures authors the right to their original expression, but also encourages others to build freely upon ideas and information conveyed by a work. This is also known as the ―idea/expression or fact/expression dichotomy.‖ E.G. As to a compilation, only the compiler‘s selection and arrangement may be protected; the raw facts may be copied at will. Creative work is to be encouraged and rewarded, but private motivation must ultimately serve the cause of promoting broad public availability of literature, music, and the other arts. Immediate effect: secures a fair return to an author‘s creative labor. Ultimate aim: to stimulate artistic creativity for the general public good.
CHAPTER 9: DEFINITION OF TERMS UNDER SECTION 171 OF THE IPC 1. ―AUTHOR‖ – the natural person who has created the work. 2. ―COLLECTIVE WORK‖ – created by two 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 the contributing natural persons will not be identified. 3. ―COMMUNICATION TO THE PUBLIC‖ – the making of a work available to the public by wire or wireless means in such a way that members of the public may access these works from a place and time individually chosen by them. 4. ―PUBLIC LENDING‖ – transfer of possession of the original or a copy of a work or sound recording for a limited period, for non-profit purposes, by an institution the services of which are available to the public, such as public libraries or archives. 5. ―PUBLIC PERFORMANCE‖ – recitation, playing, dancing, acting or otherwise performing the work (other than audiovisual work), either directly or by means of
Hence. any device or process (in case of audiovisual work). FIXATION IN A TANGIBLE MEDIUM OF EXPRESSION To clarify. INTERPRETATION OF COPYRIGHT LAW The basic purposes of the law must be effectuated. to say that the work does not exists at all before fixation is a fallacy. RENTAL is for profitmaking purposes. Members of the public may access these works from a place and time individually chosen by them. a copyright work is not a material thing but is the intellectual production of the author. In case of sound recording. ―RENTAL‖ – transfer of the possession of the original or a copy of a work or a sound recording for a limited period of time. no copyright exists until the author causes it to be reduced into writing or material form. as part of his regularly prescribed official duties. ―WORK OF THE GOVERNMENT OF THE PHILIPPINES‖ – created by an officer or employee of the Phil. the showing of its images in sequence and the making of the sounds accompanying it audible. When a work is perfect in its author‘s mind but has not yet reduced into material form. making the recorded sounds audible at the place/s where persons outside the normal circle of a family and that family‘s closest social acquaintances are or can be present. and where the performance can be perceived without the need for communication.6. ―WORK OF APPLIED ART‖ – artistic creation with utilitarian functions or incorporated in a useful article. Absurdity must be avoided. 8. i. for profit-making purposes. . science and industry. irrespective of whether or not they can be present at the same place at the same time or at different places at different times. whether made by hand or produced on an industrial scale. Government or any of it subdivisions and instrumentalities. 9. that availability of the copies satisfies the reasonable requirements of the public. including GOCCs. he has a good cause of action in respect of unauthorized reproductions made after that moment. COMPETING CLAIMS INVOLVED IN COPYRIGHT The courts must occasionally subordinate the copyright holder‘s interest in maximum financial return to the greater public interest in the development of art. depending on the nature of the work. Provided. but once it has been so. it has existence in a real sense. the result of the act. Take note: PUBLIC LENDING is for non-profit-making purposes. Hence.e. ―PUBLISHED WORKS‖ – works made available to the public by wire or wireless means with the author‘s consent. This just merely shows that fixation is a condition precedent to the subsistence of copyright. it is conceded that a copyright (the right per se) may only arise once the thoughts are fixed in material form. 7. although he must take a further step in order to take his title. However.
(d) Letters. Works are protected by the sole fact of their creation. (h) Original ornamental designs or models for articles of manufacture. An original work means it must originate from him. whether or not reduced in writing or other material form. and (o) Other literary. something recognizably his own. painting. (i) Illustrations. it has commercial value. sculpture. hereinafter referred to as "works". sermons. (k) Photographic works including works produced by a process analogous to photography. and other works of applied art. choreographic works or entertainment in dumb shows. A work is original if: a) Independently created by the author b) Has some minimal degree of creativity . ORIGINAL WORKS These are works eligible for copyright protection. scientific and artistic works. Copyright does not protect mere ideas but only the form of expression of such ideas. (g) Works of drawing. (b) Periodicals and newspapers. (m) Pictorial illustrations and advertisements. (f) Musical compositions. It is also not necessary that it must pass a test of imaginativeness or inventiveness. quality and purpose. addresses.CHAPTER 10: ORIGINAL WORKS Sec. (n) Computer programs. NOVELTY IS NOT REQUIRED All that is needed to satisfy both the Constitution and the statute is that the author contributes something more than a merely trivial variation. And whether it has an aesthetic and educational value is largely a matter of taste. architecture. architecture or science. (j) Drawings or plastic works of a scientific or technical character. ―ORIGINALITY‖ It is both a constitutional and statutory requirement for copyright protection. Literary and Artistic Works. lithography or other works of art. The work is protected irrespective of the quality thereof. irrespective of their mode or form of expression. topography. whether or not registrable as an industrial design. If it commands the interest of the public. The right to obtain copyright depends on the originality and not upon any standard of merit (wise or foolish. (e) Dramatic or dramatico-musical compositions. pamphlets. dissertations prepared for oral delivery. sketches. (l) Audiovisual works and cinematographic works and works produced by a process analogous to cinematography or any process for making audio-visual recordings. scholarly. engraving. maps. accurate or inaccurate) in the subject matter. 172. (c) Lectures. lantern slides.2. with or without words. 172. articles and other writings. models or designs for works of art. the work must have its origin in the labor of the author. are original intellectual creations in the literary and artistic domain protected from the moment of their creation and shall include in particular: (a) Books. 172.1 Literary and artistic works. plans. as well as of their content. charts and three-dimensional works relative to geography.
which are in the abbreviated version. This is the biggest category. A copyright notice on behalf of Waldman and its seller/distributor Playmore is placed on the cover of each book. such as: 1) BOOKS. Facts are not covered by copyright protection. they may be arranged or compiled in an original manner. scientific and artistic domain. v. on the other hand. as well as illustrations adapted from the stories. E. Landoll. etc. also publishes children‘s books called First Illustrated Classics. However.G. by which ideas are given visible expression. if not in numbers. Articles in periodicals are subject to copyright. Inc. the arrangement of the chapters and the texts are the closely the same. The language is simple with illustration on every other page to draw the attention of children. Landoll. Waldman contracted with writers and artists who are credited on the front cover of the books. which shall include every production in the literary. but instead is the product of independent effort of the author. Even if a work is identical to a prior work. not necessarily possessing aesthetic merit. The Landoll books are not exact copies of Waldman books. However. Black Beauty. A work resembling another is entitled to copyright so long as the similarities are not the result of illicit copying. printing. To make this possible. WORKS PROTECTED UNDER ARTICLE 2 OF THE BERNE CONVENTION Literary and artistic works. Take note: Originality is not novelty. The compilation warrants copyright protection. Waldman and Playmore applied in the court for preliminary injunction and a temporary restraining order which prohibited Landoll from publishing its book. it is considered original if it is not copied from the latter. The books are adaptations of literary works of public domain such as Oliver Twist. The application was granted. Issue: a) Are Waldman books which are adaptations of literary works of public domain original works? b) Are the Landoll books similar enough with Waldman books so that the former‘s failure to credit the latter constitutes false designation of origin? . consisting of a series of verbal or numerical statements.The requisite amount of creativity is relatively low. Facts: Waldman publishes a line of children‘s books. PAMPHLETS. ARTICLES AND OTHER WRITINGS It is the product of the mind. whatever may be the mode or form of its expression. Congress has declared these to include all forms of writing. by variety. Even the events illustrated in the stories are the same. They contain stories similar to those adapted by Waldman. It does not require dancing or acting for its presentation. engraving. A slight amount is sufficient to invoke copyright protection. But the news itself cannot be copyrighted. capable of being expressed in writing. Case Law: Adaptation of Classics as per ruling in Waldman Publishing Corp. etching.
ADDRESSES. SERMONS. The Waldman books are adaptations of classic novels and hence classified as ―derivative works.‖ – Justice Story in Folsom v. What is protected is the manner of expression. and illustrations of the books compel the inference that Landoll adaptations are copies of the Waldman adaptations. Therefore. or extracts of essential parts. Salinger‘s Letters in Salinger v. it cannot claim copyright protection.The use must be for informatory purpose .The subject need not be news if the purpose is to allow the public to be informed of what the lecturer said. and not merely facile use of the scissors. Random House. substantial. b) Yes. The books are original because the author selected which episodes should be included in the books. And it is unlikely that the biographer will distort those facts by rendering them in words of his own choosing. his . The court must determine whether the test is a story with a degree of originality. March Case Law: J. and intellectual labor and judgment bestowed thereon. 3) LECTURES. condensation of materials. 4) LETTERS ―A fair and bona fide abridgement of an original work is not piracy of the copyright of the author.It must have been delivered in public . only the material added to the underlying work is protected by copyright. arid and impersonal. In this case. the information respecting current events is not the creation of the author. with minimal changes intended to disguise the copying.‖ A derivative work is copyrightable if it is sufficiently original. he has not taken copyrighted material.‖ They are protected whether or not reduced in writing or other material form. and used illustrations that gave originality. Inc. or just a simple account. The biographer has no inherent right to copy the accuracy or the vividness of the letter writer‘s expression. It requires a distinguishable variation that is more than merely trivial. vividness of description is precisely an attribute of the author‘s expression that he is entitled to protect. redrafted the text to cater to children. If a work is not prepared for oral delivery. the way he structures his material and marshals facts. The biographer who copies only facts incurs no risk of an injunction. The abridgment must contain real. To be free: . AND DISSERTATIONS PREPARED FOR ORAL DELIVERY Usually known as ―oral works. But copyright protection is conferred only on those elements that were original to the author. the author‘s analysis or interpretation of events.Held: a) Yes. The court held that the similarities between the structure. of news and miscellaneous facts. texts. Indeed. constituting the chief value of the original work.D. 2) PERIODICALS AND NEWSPAPERS News articles are copyrightable.
a) Architectural plans – are not useful articles because their only function is to portray the appearance of the article or convey information. Stein: ―If the sole intrinsic function of an article is its utility. Under the Copyright Act. but its use in sequence of expressive words does not cause the entire passage to lose protection. It differs from dramatic compositions in that. or the placement of dancers on the stage. like a videotape or a motion picture film. carving. And though the ―ordinary phrase‖ may be quoted without fear of infringement. It also limits protection for the design of ―useful articles‖ to those with separately identifiable features existing independently of its utilitarian aspects. b) Choreographic works/Pantomime – it must contain original and expressive elements to be protected. there must be similarity of ideas via extrinsic analysis. However. PAINTING. like physical attitudes. if the shape of a utilitarian article incorporates features. the fact that it is unique and attractively shaped will not qualify as a work of art. when music and lyrics are integrated in a single work. CHOREOGRAPHIC WORKS OR ENTERTAINMENT IN DUMB SHOWS a) Dramatico-musical works – combination of drama and music. First. whether made by hand or produced on an industrial scale. if there is substantial similarity in ideas. Mazer v. similarity of expression is evaluated intrinsically. besides a plot. the copyright will protect against unauthorized use of the music alone. it is considered works of joint authorship which consist of parts that can be used separately. graphic. SCULPTURE It covers all artistic works whether in 2D or 3D.‖ It is an artistic creation with utilitarian functions or incorporated in a useful article. c) Musical compositions. with or without words – where the music and lyrics are composed by different authors.choice of words and the emphasis he gives to particular developments. characters and acting. it has been held that although a musical theme may be suggestive of prior works. the configuration of the dancer‘s bodies. independent of their nature (figurative or abstract). such as artistic sculpture. It does not include conventional gestures or ―social dance steps and simple routines. With regard to originality. and sculptural works. Second. The author of each part shall be the original owner of the copyright in the part he has created. They are copyrightable as pictorial. musical and/or vocal accompaniment is also present.‖ These works may also contain protectable matter aside from movement. Determination of similarities involves a two-step analysis. or of the words alone. b) Original ornamental designs or models for articles of manufacture – it is considered as a ―work of applied art. and their intention (pure or commercial art). 5) DRAMATIC OR DRAMATICO-MUSICAL COMPOSITIONS. It does not include generic shapes. which can be identified . it will still be deemed original if the overall impression is of a new work. or of a combination of music and words. 6 ) DRAWING. or pictorial representation. It must also be fixed in a tangible medium to be copyrightable. ARCHITECTURE. a copier may not quote or paraphrase the sequence of creative expression that includes such a phrase. The ―ordinary phrase‖ may enjoy no protection as such.
In the case of written advertisements. even though he spent considerable time in assembling it and no other map contains all the information to be found on his. 12) PRINTS AND LABELS USED FOR ARTICLES OF MERCHANDISE . graphic. where accompanied by sounds. or other geographical items may be copied if such were the names by which such items are known. or investigating is not entitled to copyright protection. Names of cities. The copyright protection has also been extended to written advertisements. susceptible of being made visible and. SKETCHES. MAPS. Elements: a) Images b) Images must be sequential. the protection shall only extend to those advertisements that speak the truth. A mere master map from various other maps from government sources. are the subjects of copyright. They are considered as writings for purposes of copyright law. streets. 8) ARTWORKS ON SWEATERS AS ORIGINAL WRITINGS Copyright works are protected irrespective of their method or means of expression. 11) ADVERTISING MATERIALS Pictures used for advertising purposes.‖ c) Useful articles in relation to letter (b) – a pictorial. without original surveying. 9) AUDIOVISUAL WORK This consists of a series of related images which impart the impression of motion. viewers or electronic equipment 10) PICTORIAL ILLUSTRATIONS A work may constitute a pictorial illustration merely by virtue of its being a picture although there is no accompanying text to be illustrated. its preparation must involve a modicum of creative work. CHARTS For a map to be copyrightable. susceptible of being made audible. or sculptural feature incorporated in the design of a useful article is conceptually separable if it can stand on its own as a work of art as traditionally conceived. 7) ILLUSTRATIONS. Hence. It is immaterial that the advertising matter is not offered for sale itself. This is the test to determine the exclusion of protection for utilitarian purposes. such features will be eligible for registration. PLANS. but merely used to promote the sale of the articles listed in it. and if the useful article in which it is embodied would be equally useful without it.separately and are capable of existing independently as a work of art. artworks on fabrics and sweaters are copyrightable. and not to those that mislead and deceive the public. if possessed of the least degree of originality or artistic merit. calculating. Any work eligible for registration as a pictorial illustration could also obtain registration as a reproduction of a work of art. with or without accompanying sounds. it must create an impression of motion c) It must be susceptible of being made visible and audible d) It must be intended to be shown by the use of machines or devices such as projectors.
or semiconductor chip. 15) COMPUTER PROGRAMS These shall be protected as literary works under the Berne Convention. . but also in its arrangement. through his skill and effort. author‘s original narrative style and arrangement of facts reported. BIOGRAPHY These are not protected by copyright. 19) NEWS STORIES. 14) CARTOON CHARACTERS A character can take a life of its own and thus may be protected against copies in postures. Copyright only extends to the literal phrasing. The question is one of public policy. and attitudes far removed from any in the author‘s origina l depiction. settings. They are much like literary characters. But if the listing contains original recipe. 16) JUDICIAL OPINIONS The whole work of judges is free for publication to all. style and manner of presentation. The ordering of events shall not be protected if it follows the chronological order in which the incidents occurred. 20) ORIGINAL WORKS DERIVED FROM PUBLIC DOMAIN MATERIALS These works may be protected if the author. It shall be copyrightable whether it is an application program or an operating system. graphic. but is such material is dictated by functional considerations such as listing of ingredients or contents.It is copyrightable under the general protection accorded to pictorial. whether it is a declaration of unwritten law or an interpretation of a constitution or a statute. 13) PROTECTION OF TEXTUAL MATTER OF LABELS Prints or labels are protectable under the pictorial. and sculptural works. They will enjoy unauthorized exploitation of their personality and appearance. The distinguishable variation must be substantial and not merely trivial. whether embodied in paper. If a cartoon character also has a literary aspect. 18) TEXTBOOK AND TREATISES There is protectable expression not only in the literal wording of a textbook or treatise. If a label contains textual material consisting of more than a short phrase. HISTORY. has contributed a distinguishable variation from the older works. graphic and sculptural works category. short phrases placed upon labels cannot claim protection if they do not aid or augment an accompanying pictorial illustration. this shall be denied copyright protection. However. it shall be protectable despite its functional nature. magnetic disk. the combination of visual and literary elements will usually strengthen the character‘s protectable features. tape. 17) LAW REPORTS A reporter may have a copyright in a digest or synopsis of judicial decision and selection and arrangement of cases relating to a particular branch of law.
it would be a copyright infringement of the underlying work. 173. D.1 shall be protected as a new works: Provided however.1. or to make any other version thereof. 49. translations. P. Derivative Works. in what order to place them. the work must borrow original and expressive content from another work. D. adaptations. and compilations of data and other materials which are original by reason of the selection or coordination or arrangement of their contents. Second. (Sec. CHAPTER 11: DERIVATIVE WORKS Sec. However. or adapt—and not simply copy—the work upon which it is based. abridgments.2. such translation of . to qualify as a derivative work. The author‘s selection. Thus. 49) 173. [P] and [Q]. and other alterations of literary or artistic works. P. arrangements. 8. That such new work shall not affect the force of any subsisting copyright upon the original works employed or any part thereof.21) ORIGINAL COMPILATION OF FACTS Under the originality standard. or be construed to imply any right to such use of the original works. The works referred to in paragraphs (a) and (b) of Subsection 173.(Sec. To be copyrightable as a new work. the work must recast. TRANSLATION This is the translation of a literary work into other languages or dialects. scholarly or artistic works. one who wishes to exploit the derivative work needs a copyright license from the owner of copyright in the underlying work/s. and (b) Collections of literary. if the underlying work is in copyright. The aspects of a derivative work added by the derivative authors are that author‘s property. They may be freely copied. 2. and arrangement of facts are protected only if they were made independently and entail a minimal degree of creativity. and how to arrange the collected data. but the elements drawn from the pre-existing work remains on grant from the owner of the pre-existing work. The following derivative works shall also be protected by copyright: (a) Dramatizations. bare facts are never copyrightable because they do not owe their origin to an act of authorship. TRIPS) DEFINITIONAL ELEMENTS First. or to secure or extend copyright in such original works. SUBSTANTIALLY SIMILAR TO THE UNDERLYING WORK The new work must be so substantially similar to the underlying work that in the absence of a license. RELATIONSHIP BETWEEN UNDERLYING COPYRIGHT AND DERIVATIVE WORK A derivative work is by definition substantially similar to the underlying work and would be a copyright infringement in the absence of a license. No. Art. 173. transform. coordination. a compilation of facts may be copyrightable if the author made choices as to which facts to include. 10. DIFFERENT KINDS OF ADAPTATION 1.
DERIVATIVE WORK. photographic or artistic work to a newspaper. skill and judgment are brought into play. neither of the owners shall be entitled to grant licenses without the prior written consent of the other owner or owners. COMPILATION. transforming a large work into a small compass. TABLE OF COMPARISON: WORK DERIVATIVE WORK It is one based on one or more pre-existing works in any form in which the work may be recast. The entire work must be preserved in its precise import and exact meaning. When an author contributes to a collective work. ABRIDGEMENTS OF LITERARY WORK Copyright may likewise exist in a genuine and just abridgement. Reproduction in the Same Medium – there must be more than an exact reproduction to secure copyright. This must be connected with: Section 180. 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. 3. When the required consent is granted. CHANGE OF MEDIUM The work may still be original in the sense that he has employed skill and judgment in its production. No special notice is also required. making it less expensive and more convenient both to the time and use of the reader. It requires the exercise of the mind. transformed. COLLECTIVE WORK Section 171. for it is said than an abridgement may with great propriety be called a new book. and the result is not merely copying. presentation. reproduction.2. the necessary changes. or arranged in such a way that the resulting work as a whole COLLECTIVE WORK It is a compilation of contributions which would themselves be capable of copyright protection. and COLLECTIVE COMPILATION It is a work formed by the collection and assembling of pre-existing materials or data that are selected. and then the act of abridgement is an exertion of the understanding. 2. magazine or periodical for publication shall constitute only a license to make a single publication unless a greater right is expressly granted. coordinated. or adapted. his right to have his contribution attributed to him is deemed waived. If the original was merely used as a model. The author produces the resemblance by means very different from those employed by the original author from whom he copies. or expression shall not be deemed to contravene the author‘s rights.works in the public domain must have the consent of the copyright proprietor. .3. The submission of a literary. If two (2) or more persons jointly own a copyright or any part thereof. ADAPTATION 4. then it is entitled to protection. labor.
(n) The protection given to publishers of works of this class is of limited character and merely restricts the making by a photographic or similar process of a reproduction of the typographical arrangement of the edition.In addition to the right to publish granted by the author. 174.constitutes an original work of authorship. his heirs or assigns. PUBLISHERS‘ TYPOGRAPHICAL ARRANGEMENT Sec. Published Edition of Work. . the publisher shall have a copy right consisting merely of the right of reproduction of the typographical arrangement of the published edition of the work. .
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