Week 1

I. Introduction

A. The Development of Philippine Copyright Law, Christopher Lim, 46 Ateneo L.J. 369
(2001)
The Landscape of Copyright, Copyright Law by Joyce et. al. (7th Ed. 2006)

Copyright vis--vis other intellectual property

Kho v. Court of Appeals, 379 SCRA 410 (2002)

B. Protection of Intellectual Property and the Constitution

- Section 13, 15, 16 Article XIV
- Section 19, Article XII
- Section 6, Article XII
ABS-CBN v. Phil. Multi-Media, G.R. 175769-70, Jan. 19, 2009

C. Intellectual Property and the Universal Declaration of Human Rights: Articles 17, 19,
27

D. Overview: Berne Convention for the Protection of Literary and Artistic Works

E. TRIPs Agreement/WTO Treaty

A. Overview
B. Fundamental Principles, e.g. National Treatment v. Most Favored Nation
Principle [Articles 3 and 4]
C. Exhaustion of intellectual property rights [Article 6]
D. Abuse of Intellectual Property Rights [Article 8, Paragraph 2]
E. Accession to WTO and TRIPS Compliance [Article 2]

Week 2

II. The Subject Matter of Copyright Law

A. Definition of Copyright

Section 177, Intellectual Property Code (IPC)

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)

Rules 2, 11-12, Copyright Safeguards and Regulations (issued by the National

Library)

Rule 2 Definition of Terms

For the purpose of these Copyright Safeguards and Regulations, the following
terms are herein
defined:

Author is the natural person who has created the work;

Collective work is 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; Communication to the public or
communicate to the public means 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;

Computer program is a set of instructions capable, when incorporated in machine-

readable medium, of causing a machine having information-processing
capabilities, to indicate, perform, or achieve a particular function, task, or result;

Copyright is a right granted by statute to the author or originator of literary,

scholarly, scientific, or artistic productions, including computer programs. A
copyright gives him the legal right to determine how the work is used and to
obtain economic benefits from the work. For example, the owner of a copyright
for a book or a piece of software has the exclusive rights to use, copy, distribute,
and sell copies of the work, including later editions or versions of the work. If
another person improperly uses material covered by a copyright, the copyright
owner can obtain legal relief;

Copyright Office refers to the Copyright Division of the National Library;

Copyright symbol is represented by ;

Date of Publication is the earliest date when a copy of the first authorized edition
of the work was placed on sale, sold, distributed, or otherwise made available to
the public, by the copyright owner or his representative;

Decompilation means the reproduction of the code and the translation of the
forms of a computer program to achieve the inter-operability of an independently-
created computer program with other programs;

Exhibition of an audiovisual work means any form of exploitation of a work,

including its distribution in copies, its public performance, and its communication
to the public, including broadcast or rebroadcast, cable retransmission, or satellite
broadcast or transmission;

Fee refers to the amount prescribed by The National Library for the issuance of a
Certificate of Registration and Deposit to claim copyright or for the filing of
assignment or license, or for such other services or transactions as may be covered
by these Copyright Safeguards and Regulations;

Performance symbol is represented by p;

Public lending is the transfer of possession of the original or a copy of a work or

multimedia for a limited period, for non-profit purposes, by an institution the
services of which are available to the public, such as a public library or archive;

Public performance is the recitation, playing, dancing, acting or any performance

of the work, either directly or by means of any device or process; in the case of an
audiovisual work, the broadcast or showing of its images in sequence and the
making of the sounds accompanying it audible; and in the case of a sound
recording, the making of the recorded sounds audible at a place or at places where
persons outside the normal circle of a family and that familys closed social
acquaintances are or can be present, irrespective of whether they are or can be
present at the same place and at the same time, or at different places and/or
different times, and where the performance can be perceived without the need for
communication within the meaning of communication to the public defined
above;

Published work means work which, with the consent of the author, is made
available to the public by wire or wireless means in such a way that members of
the public may access the work from a place and time individually chosen by
them: Provided, That availability of such copies has
been such as to satisfy the reasonable requirements of the public, having regard to
the nature of the work; Publisher is one who produces and makes available for
circulation or distribution the published work;

Rental is the transfer of the possession of the original or a copy of a work or

multimedia for a limited period of time, for profit-making purposes;

Reproduction is the making of one (1) or more copies of a work, including

multimedia, in any manner or form. A reprographic reproduction, as authorized
under certain circumstances by the IPC, does not include a digital or machine-
readable copy, but is limited to photography, xerography and similar processes,
resulting in a paper or microform copy;

Reprographic right is one exercisable anywhere to reproduce or authorize the

reproduction of the work by means of any appliance or process capable of
producing multiple copies of the work in such a form that the work may be
perceived visually. Reprography and other forms of reproduction require the
permission of the copyright holder;

SAR shall refer to these Copyright Safeguards and Regulations issued pursuant to
the IPC;

SCL refers to the Library of the Supreme Court of the Republic of the Philippines;

TNL refers to The National Library of the Republic of the Philippines;

TNL Director refers to the head of The National Library of the Republic of the
Philippines;

Unpublished work means work that has not been disseminated, circulated or
distributed to the public prior to its registration with the Copyright Office;

Work refers to any original work, derivative work, performance of producers,

sound recording, or recording of broadcasting organizations.

Derivative work is work that is derived from another work;

Work of Applied Art is an artistic creation with utilitarian functions, or

incorporated in a useful article, whether made by hand or produced on an
industrial scale;

Work of the Government of the Philippines is work created by an officer or

employee of the Philippine Government or any of its subdivisions and
instrumentalities, including government-owned or controlled corporations, as part
of his regularly prescribed official duties.
 Rule 11 Communication to the Public of Copyrighted Works
SECTION 1. Communication to the Public of Copyrighted Work.
Communication to the public or communicate to the public, also
includes point-to-point transmission of a work, including video on demand,
and providing access to an electronic retrieval system, such as computer
databases, servers, or similar electronic storage devices. Broadcasting,
rebroadcasting, retransmission by cable, and broadcast and
retransmission by satellite are all acts of communication to the public
within the meaning of the IPC.

Rule 12 First Public Distribution of Work

SECTION 1. First Public Distribution of Work. An exclusive right of first
distribution of work includes all acts involving distribution, specifically
including the first importation of an original and each copy of the work into
the jurisdiction of the Republic of the Philippines.

B. Prerequisites for and Elements of Copyrightable Subject Matter

Sections 171.1, 172.1, 172.2, IPC

171.1. "Author" is the natural person who has created the work;

172.1. Literary and artistic works, hereinafter referred to as "works", are

original intellectual creations in the literary and artistic domain protected
from the moment of their creation and shall include in particular:

a. Books, pamphlets, articles and other writings;

b. Periodicals and newspapers;
c. Lectures, sermons, addresses, dissertations prepared for oral
delivery, whether or not reduced in writing or other material form;
d. Letters;
e. Dramatic or dramatico-musical compositions; choreographic works
or entertainment in dumb shows;
f. Musical compositions, with or without words;
g. Works of drawing, painting, architecture, sculpture, engraving,
lithography or other works of art; models or designs for works of art;
h. Original ornamental designs or models for articles of manufacture,
whether or not registrable as an industrial design, and other works of
applied art;
i. Illustrations, maps, plans, sketches, charts and three-dimensional
works relative to geography, topography, architecture or science;
j. Drawings or plastic works of a scientific or technical character;
k. Photographic works including works produced by a process
 analogous to photography; lantern slides;
l. Audiovisual works and cinematographic works and works produced
by a process analogous to cinematography or any process for making
audio-visual recordings;
m. Pictorial illustrations and advertisements;
n. Computer programs; and
o. Other literary, scholarly, scientific and artistic works.

172.2. Works are protected by the sole fact of their creation, irrespective
of their mode or form of expression, as well as of their content, quality and
purpose.

Originality:
Burrow-Giles Lithographic Co. v. Sarony, 111 U.S. 53 (1884)
KEY FACTS: Sarony sued Burrow-Giles for violating his copyright over his photograph Oscar Wild No.
18. The lower court found that it was his original mental conception to which he gave visible form by
posing Oscar Wilde, selecting & arranging the costume, draperies and other various accessories in the
photograph, arranging the subject to present graceful outlines, arranging the light and shade, suggesting
and evoking the desired expression. Plaintiff took steps to secure the copyright by exhibiting the
following on the photo: Copyright, 1882, N. Sarony and lastly, photographs are among the things an
author/inventor/designer can copyright under 4952 of the Revised Statutes.

ISSUES: 1) Court below decided that congress has and has the constitutional right to protect
photographs and negatives by copyright 2) The sufficiency of the words Copyright, 1882, N. Sarony as
a notice of the copyright of NS under the act of congress on that subject.

HELD: With regard to this latter question it is enough to say that the object of the statute is to give
notice of the copyright to the public by placing upon each copy, in some visible shape, the name
of the author, the existence of the claim of exclusive right, and the date at which this right was
obtained. This notice is sufficiently given by the words Copyright, 1882, by N. Sarony, found
on each copy of the photograph. It clearly shows that a copyright is asserted, the date of which
is 1882, and if the name Sarony alone was used, it would be a* *56 sufficient designation of
the author until it is shown that there is some other Sarony. When, in addition to this, the initial
letter of the Christian name Napoleon is also given, the notice is complete.

On the constitutional issue, the argument is that a photograph is neither a writing nor the production of
the author because it merely states: to promote the progress of science and useful arts, by
securing, for limited times to authors and inventors the exclusive right to their respective
writings and discoveries. Later, acts of Congress included maps, engravings, etchings, cuts and
prints as objects capable of being a subject of a copyright and unless photographs can be
distinguished from this classification, it is difficult to see why congress cannot make them a
subject of copyright as well as others. The only reason why they were not included in the
extended list (in act 1802) is probably because they did not yet exist.

But it is said that an engraving, a painting, a print, does embody*59 the intellectual
conception of its author, in which there is novelty, invention, originality, and therefore comes
within the purpose of the constitution in securing its exclusive use or sale to its author, while a
photograph is the mere mechanical reproduction of the physical features or outlines of some
object, animate or inanimate, and involves no originality of thought or any novelty in the
intellectual operation connected with its visible reproduction in shape of a picture. We judge
photographs like patents, and judge on novelty, invention and originality. These elements are
found in this case.

in regard to the photograph in question, that it is a useful,

new, harmonious, characteristic, and graceful picture, and that plaintiff made the same * * *
entirely from his own original mental conception, to which he gave visible form by .... [insert the
lower court findings]. These findings, we think, show this photograph to be
an original work of art, the product of plaintiff's intellectual invention, of which plaintiff is the
author, and of a class of inventions for which the constitution intended that congress should
secure to him the exclusive right to use, publish, and sell, as it has done by section 4952 of the
Revised Statutes.

Bleistein v. Donaldson Lithographing Co.188 U.S. 239 (1903)

Alfred Bell & Co. v. Catalda Fine Arts, Inc., 191 F.2d 99 (2d Cir. 1951)

Mannion v. Coors Brewing Company, 377 F. Supp. 2d 444 (S.D.N.Y. 2006)

Ching Kian Chuan v. CA, 363 SCRA 142 (2001)

Sambar v. Levi Strauss, 378 SCRA 364 (2002)

Creativity:
Feist Publications, Inc. v. Rural Telephone Service Co., 499 U.S. 340 (1991)
Muller & Co. v. New York Arrows Soccer Team Inc., 802 F.2d 989 (8th Cir., 1986)
Meshwerks, Inc. v. Toyota Motor Sales U.S.A., Inc. 528 F.3d 1258 (10th Cir. 2008)

Week 3

C. When Copyright Vests

Santos v. McCullough Printing Co., 12 SCRA 321 (1964)

Filipino Society of Composers v. Benjamin Tan, 148 SCRA 461 (1987)
Unilever Philippines (PRC) v. CA, GR No. 119280, 10 August 2006
Manly v. Dadodette, G.R. No. 165306. September 20, 2005

Section 2, PD 49
Article 5(2), Berne Convention for the Protection of Literacy and Artistic Works
Section 172 and 172.2, IPC
Rule 7, Sections 2, Copyright Safeguards and Regulations

D. Scope of Copyright
 1. Original works

Article 2, Berne Convention for the Protection of Literacy and Artistic Works
Sections 172, 172.2, 173, 173.2, 174, IPC
Section 175, IPC
Section 176, IPC

2. The "Idea/Expression" Dichotomy

Baker v. Selden, 101 U.S. 99 (1879)

A.A. Hoehling v. Universal City Studios, Inc., 618 F.2d 972 (2d Cir.), cert. denied,
449 U.S. 841 (1980)
American Dental Association v. Delta Dental Plans Association, 126 F.3d 977
(7th Cir. 1997)
Joaquin v. Drilon, 302 SCRA 225 (1999)
Pearl & Dean v. Shoemart, 409 SCRA 231 (2003)
Ching v. Salinas, G.R. No. 161295, June 29, 2005, 462 SCRA 241

Week 4

3. Derivative Works and Compilations

L. Batlin & Son, Inc. v. Snyder, 536 F.2d 486 (2d Cir.) (en banc), cert. denied, 429
U.S. 857 (1976)

Entertainment Research Group, Inc. v. Genesis Creative Group, Inc., 122 F.3d 1211
(9th Cir. 1997), cert. denied, 523 U.S. 1021 (1998)

Pickett v. Prince, 207 F.3d 402 (7th Cir. 2000)

Feist Publications, Inc. v. Rural Telephone Service Co., 499 U.S. 340 (1991)

Tele-Direct Publications v. American Business Information, 76 C.P.R. (3d) 296, FC

Canada (1997)

Telstra v. Phone Directories, F.C.A. 44 (2010)

Roth Greeting Cards v. United Card Co., 429 F.2d 110 (9th Cir. 1970)

Mason v. Montgomery Data, Inc., 967 F.2d 135 (5th Cir. 1992)

European Union: Council Directive 96/9/EC

E. Authorship
Section 178, Section 179, Section 174, IPC

SECTION 178. Rules on Copyright Ownership. Copyright ownership shall

be governed by the following rules:

178.1. Subject to the provisions of this section, in the case of original

literary and artistic works, copyright shall belong to the author of the
work;

178.2. In the case of works of joint authorship, the co-authors shall be the
original owners of the copyright and in the absence of agreement,
their rights shall be governed by the rules on co-ownership. If,
however, a work of joint authorship consists of parts that can be
used separately and the author of each part can be identified, the
author of each part shall be the original owner of the copyright in the
part that he has created;

178.3. In the case of work created by an author during and in the course of
his employment, the copyright shall belong to:
a. The employee, if the creation of the object of copyright is not a
part of his regular duties even if the employee uses the time,
facilities and materials of the employer.
b. The employer, if the work is the result of the performance of his
regularly-assigned duties, unless there is an agreement, express
or implied, to the contrary.

178.4. 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, the person who so commissioned the
work shall have ownership of the work, but the copyright thereto
shall remain with the creator, unless there is a written stipulation to
the contrary;

178.5. In the case of audiovisual work, the copyright shall belong to the
producer, the author of the scenario, the composer of the music, the
film director, and the author of the work so adapted. However,
subject to contrary or other stipulations among the creators, the
producer shall exercise the copyright to an extent required for the
exhibition of the work in any manner, except for the right to collect
performing license fees for the performance of musical compositions,
with or without words, which are incorporated into the work; and
178.6. In respect of letters, the copyright shall belong to the writer subject
to the provisions of Article 723 of the Civil Code. (Sec. 6, P.D. No.
49a)

SECTION 179. Anonymous and Pseudonymous Works. For purposes of

 this Act, the publishers shall be deemed to represent the authors of articles
and other writings published without the names of the authors or under
pseudonyms, unless the contrary appears, or the pseudonyms or adopted
name leaves no doubt as to the author's identity, or if the author of the
anonymous works discloses his identity. (Sec. 7, P.D. 49) cdtai

SECTION 174. Published Edition of Work. In addition to the right to

publish granted by the author, his heirs, or assigns, the publisher shall have
a copyright consisting merely of the right of reproduction of the typographical
arrangement of the published edition of the work. (n)

Article 722 and 723, Civil Code

Art. 722. The author and the composer, mentioned in Nos. 1 and 2 of the preceding
article, shall have the ownership of their creations even before the publication of
the same. Once their works are published, their rights are governed by the
Copyright laws.

The painter, sculptor or other artist shall have dominion over the product of his art
even before it is copyrighted.

The scientist or technologist has the ownership of his discovery or invention even
before it is patented. (n)

Art. 723. Letters and other private communications in writing are owned by the
person to whom they are addressed and delivered, but they cannot be published or
disseminated without the consent of the writer or his heirs. However, the court may
authorize their publication or dissemination if the public good or the interest of
justice so requires. (n)

Article 520 of the Civil Code

Art. 520. A trade-mark or trade-name duly registered in the proper government

bureau or office is owned by and pertains to the person, corporation, or firm
registering the same, subject to the provisions of special laws. (n)

1. Sole Authorship

Lindsay v.The Wrecked and Abandoned Vessel R.M.S. Titanic, 52 U.S.P.Q.2d

1609 (S.D.N.Y. 1999)

2. Joint Authorship

Childress v. Taylor
Erickson v. Trinity Theatre, Inc., 13 F.3d 1061 (7th Cir. 1994)
Aalmuhammed v. Lee, 202 F.3d 1227 (9th Cir. 1999)
 3. Works Made for Hire

Community for Creative Non-Violence v. Reid, 490 U.S. 730 (1989)

Aymes v. Bonelli, 980 F.2d 857 (2d. Cir. 1992)
Roeslin v. District of Columbia, 921 F. Supp. 793 (D.D.C. 1995)

4. Government Works

Section 176 IPC

F. Duration of Copyright

Articles 7 and 7bis, Berne Convention for the Protection of Literary and Artistic
Works
Section 213, Section 214, IPC