Professional Documents
Culture Documents
The term of protection shall be counted from the first day CRITERIA TO DETERMINE WHETHER USE IS FAIR OR NOT:
of January of the year following the death or of last a) Purpose and the character of the use
DURATION OF COPYRIGHT publication (Sec. 214) b) Nature of the copyrighted work
· Literary artistic works and derivative works of a SINGLE c) Amount and substantially of the portions used
CREATOR − lifetime of the creator and for 50 years after LIMITATIONS TO THE RIGHTS ON COPYRIGHT d) Effect of the use upon the potential market of the
his death 1) Private performance, private and personal use − copyrighted work (Sec. 185)
· Joint creation − lifetime of last surviving co−creator applicable only “when a work has been lawfully made
and for 50 years after his death. accessible to the public.” THE “FAIR−USES” OF PROTECTED MATERIAL ARE:
· Anonymous or a work under a pseudonym not a) Criticizing, commenting, and news reporting;
identifiable with the true name of the creator − 50 years Personal Use b) Using for instructional purposes including producing
after the date of their first publication. −making a single reproduction, adaptation, arrangement multiple copies of classroom use, for scholarship, research
v Except where, before the expiration of said period, the or other transformation of another’s work exclusively for and similar purposes (Sec. 185)
author's identity is revealed or is no longer in doubt, the one’s own individual use in such cases as personal
rule for single and joint creation shall apply research, learning or amusement 3) WORKING OF ARCHITECTURE (Sec. 186)
· Photographic works − 50 years from the publication of −include the right to control the erection of any building
the work, or from making the same term is given to Private Use which reproduces the whole or a substantial part of the
audiovisual works produced by photography or −making a reproduction, adaptation or other work either in its original or in any form recognizably
analogous processes. transformation of it, in a single person as in the case of derived from the original; Provided, that the copyright in
· Work of Applied Art − 25 years from the date of making “personal use” but also for a common purpose by a any such work shall not include the right to control the
· Newspaper Article − lifetime of the author and 50 years specific circle of persons only. reconstruction, or rehabilitation in the same style as the
after his death original of a building to which that copyright relates
v A pure news report will no longer find protection under
Government; or
4) REPRODUCTION OF PUBLISHED WORK iii. Religious, charitable, or educational society imported 2) Where Right Registered:
−exclusively for research and private study. not more than 3 copies per title provided they are not for Copyright − National Library
sale. Patent and Trademark − IPO
5) REPROGRAPHIC REPRODUCTION BY LIBRARIES b) Copies form part of libraries and personal baggage
−any library or archive whose activities are not for profit belonging to persons or families arriving from foreign 3) Duration of Right:
may, without the authorization of the author of copyright countries and are not intended for sale: Provided, Patent − 20 years from filing or priority date
owner, make a single copy of the work by reprographic that such copies do not exceed three (3). (Sec. 190) Trademark − 10 yearsCopyright − Generally up to 50 years
reproduction. after the death of the author
REMEDIES IN CASE OF INFRINGEMENT:
6) REPRODUCTION OF COMPUTER PROGRAMS 1) Injunction to prevent infringement
−allowed on the ff. conditions: 2) Damages assessed on the basis of the proof alleged by
a) only one copy is made; the plaintiff of sales made by the defendant of the
b) lawful owner made the copy; infringing work minus whatever costs the defendant may
c) purpose of which the reproduction is made is legal like: be able to prove and appreciated by the court.
· use to which the program is made and for which it was 3) Delivery under oath of all implements employed in the
purchased demand the reproduction of a copy; or production of the infringing products themselves and the
· the reproduction of a copy is necessary to guarantee infringing items, for impounding or destruction as the
against loss or destruction (Sec. 189.1) court may order.
4) Payment of moral and exemplary damages in the
7) IMPORTATION FOR PERSONAL PURPOSES discretion of court.
−The importation of a copy of a work by an individual for 5) Criminal Action
his personal purposes shall be permitted without the
authorization of the author of, or other owner of copyright DIFFERENCE BETWEEN COPYRIGHT, PATENT AND
in, the work under the following circumstances: TRADEMARK
a) Copies of the work are not available in the Philippines 1) Subject Matter of the Right:
and: Copyright − literary, scientific or artistic work;
i. not more than one copy at one time is imported for Patent − new, useful, and industrially applicable
strict individual use; inventions;
ii. importation is by authority and for the use of Philippine Trademark − goods manufactured or produced