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BAUTISTA, Coleen Joyce Q.

1A-JD4
Advanced Legal Writing, Friday, 8:00-10:00PM

2 March 2017

Mr. Toffee Wright Torrente


#123 Scout Mandurugas
Quezon City

Dear Mr. Torrente,

This Legal Opinion seeks to answer your query regarding what possible law you might be
violating by possessing Torrent movies and songs that you have downloaded using Bit Torrent.

THE FACTS

As per the inquiry you sent us about the uTorrent are the following facts:
As a film enthusiast, you were introduced to uTorrent or Bit Torrent which shares different
electronic materials that are available for download and you have already downloaded hundreds of
movies and thousands of songs via the said Bit Torrent and you are worried that you may be violating
some laws in doing so, and you are asking our humble office for an advice regarding the matter.

APPLICABLE LAWS

The following laws prohibits the unauthorized possession of Copyrighted materials such as
movies, songs, and the like that are being shared through Bit Torrent:

The Republic Act no. 10088 otherwise known as Anti-Camcording Act of 2010
Section 3. Acts Constituting Unauthorized Possession, Use and/or Control of Audiovisual Recording
Devices. - It shall be unlawful for any person, at a time when copyright subsists in a cinematographic
film or other audiovisual work or its soundtrack and without the authorization of the copyright owner
or exclusive licensee thereof, to:
(a)use or attempt to use an audiovisual recording device to transmit or make a copy of any performance
in an exhibition facility of such cinematographic film or other audiovisual work or its soundtrack, or
any part thereof;

In accordance with Section 177 of Republic Act no. 8293 otherwise known as the
Intellectual Property Code of the Philippines,
Section 177. Copyright or Economic Rights. - Subject to the provisions of Chapter VIII, copyright or
economic rights shall consist of the exclusive right to
carry out, authorize or prevent the following acts:

177.1. Reproduction of the work or substantial portion of the work;


177.2. Dramatization, translation, adaptation, abridgment, arrangement or other transformation of the
work;
177.3. The first public distribution of the original and each copy of the work by sale or other forms of
transfer of ownership;
177.4. Rental of the original or a copy of an audiovisual or cinematographic work, a work embodied in
a sound recording, a computer program, a compilation of data and other materials or a musical work in
graphic form, irrespective of the ownership of the original or the copy which is the subject of the rental;
(n)
177.5. Public display of the original or a copy of the work;
177.6. Public performance of the work; and
177.7. Other communication to the public of the work. (Sec. 5, P. D. No. 49a)

However, according to you, you are a film enthusiast and it seems that you do not use such
videos for public purposes, then there is no copyright infringement intended in your case in accordance
with Section 187 of Republic Act 8293:

Section 187. Reproduction of Published Work. - 187.1. Notwithstanding the provision of


Section 177, and subject to the provisions of Subsection 187.2, the private reproduction of a
published work in a single copy, where the reproduction is made by a natural person exclusively
for research and private study, shall be permitted, without the authorization of the owner of
copyright in the work.

CONCLUSION AND RECOMMENDATION

We believe that without the distribution of these downloaded materials, and as long as it is
intended for private purposes, then you are not violating any law and is free to use the said materials,
provided that it is within the limits of law.

The penalty of not abiding by the limits of the law are enumerated in Chapter XVII of Republic
Act 8293 which includes imprisonment from one year up to nine years and a fine ranging from Php
50,000 to Php1,500,000 depending on the offense. We suggest that you maintain the use of your
downloaded materials for private purposes or suffer such consequences.

We are glad to advice you regarding this matter. Should you have any other concerns? Please let
us know.

Sincerely,

Atty. Jonathan Q. Perez,


Partner
Bengzon Negre Untalan Intellectual Property Attorneys