TORTS AND DAMAGES SCRIPT

CHARACTERS:
Mark Patrimonio as Patom Siraullo
Nova Villamor as Ate Rochelle
Roderick Blanco as T. Rex
Thea Faith Son as J.K Rolling on the Deep
Alyyssa Julfa Arcenio as Julfa Turbanada
Gregene Ranin as Amoiraaahh
Vanessa Gerodias as Van Gagogh
Jade Araque as Architect
Shemiah Estrella as Atty. Patrimonio
Jade Dadis as Madame Charot
SCENE 1

Ate Rochelle is watching a vlog, looking nervous. Patom’s voice informing law students of the
limitations on copyright as well as the consequences of the violations on the law is heard on the
background. Ate Rachel suddenly stands up, a photocopied book falls on the floor. She picks it
up and puts it beside the original copy of the book. She swallowed in fear.

SCENE 2

Mark
Hi guys! This is Patom Siraullo and welcome to #PatmaLaw! So, I was browsing through all the
comments in my last vlog, and aside from requests to feature Shemiah, you law lovers, wanted
me to discuss the Copyright Law. We haven’t really discussed Copyright Law in our class but
because I am PatmaLaw, I researched about the topic extensively. So, buckle up. Ready your
pens and highlighters because I will tell you everything I know about Copyright Law.

To start, what is copyright?

According to the Intellectual Property Code of the Philippines, copyright is the legal protection
extended to the owner of the rights in an original work

What then is an original work?

Original work refers to every production in the library, scientific and artistic domain. It
encompasses anything made with the human mind.

So from these definitions, it can be inferred that pure ideas per se are not affected by the law;
however, the expression of those ideas are. Thus, works are protected by the sole fact of their
creation, irrespective of their mode or form of expression. So, it does not matter if, in the eyes
of some critics, a certain work has little artistic value. So long as it has been independently
created and has a minimum creativity, the same enjoys copyright protection.
Now that you know what copyright and original works are, let us then find out what rights are
protected by the Copyright Law. Section 172 and 173 of the Intellectual Property Code
identifies two subject matters that are protected by the law. These are 1. Literary and Artistic
Works and 2. Derivative Works.

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

On the other hand, the following derivative works are also protected by copyright:
1. Dramatizations, translations, adaptations, abridgments, arrangements, and other
alterations of literary or artistic works;
2. Collections of literary, scholarly or artistic works, and compilations of data and other
materials which are original by reason of the selection or coordination or arrangement
of their contents.

It is important to note that one has still to seek permission from the original owner of
the underlying influence before a derivative work can be copyrighted.

Now that you know what materials encompasses Copyright Law, let us enumerate what
subject matters are not protected by copyright. These are:

1. Ideas, concepts, principles for these are freely owned by anyone

2. Procedures, systems, methods or operations
 3. Discoveries or mere data
4. News, items of press information
5. Official text, translation of laws
6. Works of the government

Now that you have a working knowledge on the law, let’s deepen our understanding more by
hearing it from the people directly protected by Copyright. Because I am #PATmaLAW, I took
the opportunity to interview these people. Who are they? I know you are curious, so let’s find
out…

SCENE 3

Setting: Office
The publisher is seen reading something on his laptop. Emphasize the T. Rex-like hands

MARK
Law lovers, we are now in the office of a well-known publisher. You probably know him because
a lot of our law books came from his bookstores. Without further ado, let me introduce Mr. T.
Rex

RODERICK
*merely nods* *proceeds to fiddle something on his laptop or phone*

MARK
Mr. T. Rex, what does a publisher do?

REX
A publisher makes the author’s work available to the public. It can be through wire or
wireless means.

MARK
Sir, what rights do you have under the Copyright Law?

REX
Hmm…aside from the right to publish with the author’s consent, I also have a right to
reproduce the typographical arrangement of the published edition of the work.

MARK
What about in private reproduction? I am sure that my PATmaLAW subscribers are
curious about this since your published books are widely used in law schools.

REX
Law students…you should know that private reproduction is allowed if it is for research
and private study only. Do not reproduce the whole book. You are violating the
 copyright law if you photocopy a book and you then sell it to other people. Or even if
you just buy from a seller who sells photocopied books, you can also be liable.

MARK
Thank you for that reminder, Sir and thank you for your time. So to my viewers,
especially to the law students watching this vlog, heed this warning! It is against the law
to photocopy the whole book especially if it is done for profit.

SCENE 4

Setting: Library

MARK
I am now in the work station of a famous author. Want a clue on who she is? She
became a household name because of her novels that are loved throughout the whole
world. Yes, you are right. I will be interviewing THAT author. Here she is, Ms. JK Rolling
in the Deep. Ms. Rolling, I am honored to be breathing the same air as you.

THEA
*rolls*

MARK
To start our interview, do you know your rights under the Copyright law?

THEA
Yes. As far as I know, I have economic and moral rights over the work that I did.

MARK
What do you mean when you say economic and moral rights?

THEA
As the late UP Law Professor Esteban Bautista said, “When an artist creates, be he an author, a
painter, a sculptor, an architect or a composer, he does more than bring into the world a
unique object having only exploitative possibilities; he projects into the world part of his
personality and subjects it to the ravages of public use.” I agree with him. That’s why it’s
important to have these rights. What was your question again? Economic and moral rights?

MARK
Yes, Ms. Rolling. Can you elaborate on that?

THEA
Simply speaking, economic rights are the royalties to my published works while moral rights is
the right to the integrities of my work.
My economic rights include the exclusive right to carry out, authorize or prevent the
 1. the reproduction of the work or substantial portion of the work
2. Transformation of the work (dramatization, translation, adaptation, abridgment,
arrangement)
3. First public distribution (the first public distribution of the original and each copy of
the work by sale or other forms of transfer of ownership)
4. Public performance
5. Other communications to the public/dissemination via technology

As part of my moral rights, I have the right to require that the authorship of my work be
attributed to myself, (the name of the author, as far as practicable, be indicated in a
prominent way on the copies), to make any alterations (to make any alterations of his
work prior to, or to withhold it from publication) to object to any distortions (to object
to any distortion, mutilation or other modification of, or other derogatory action in
relation to, his work which would be prejudicial to his honor or reputation), and to
restrain the use of my name (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).

MARK
Is there any limitations on copyright? For example, making quotations from a published
work?

THEA
Making quotations from the works of an author is fine. If you quote my book, just
indicate the source and my name.

MARK
What about the inclusion of your work in a publication or communication for public,
sound recordings or films?

THEA
If it is for teaching purposes, my name appears in the work, and it is compatible with fair
use, then it is okay.

MARK
Wait, what do you mean by fair use?

THEA
The fair use of a copyrighted work for criticism, comment, news, reporting, teaching
including multiple copies for classroom use, scholarship, research and similar purposes
is not an infringement of copyright. Factors should be considered to determine whether
the use of a work constitutes fair use
1. The purpose and character of the use, including whether such use is of a commercial
nature or is for non-profit educational purposes
2. The nature of the copyrighted work
 3. The amount and substantiality of the portion used in relation to the copyrighted
work as a whole
4. The effect of the use upon the potential market for or value of the copyrighted work

MARK
In short, people are not allowed to reproduce your books as a whole especially if it is intended
for profit. Right, Ms. Rolling?

THEA
Yes, you are right Patom.

MARK
How about if you work with another author, what happens on that kind of arrangement?

THEA
Well, in the case of joint authorship, my co-author and I are the original owners of the
copyright. But if the 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.

OWNERSHIP
 Literary and artistic works—author
 Works of joint authorship—co-author
 Joint works, separable parts—authors own the respective parts they made

MARK
What if the author is under the employment of another? Where does the copyright belong to?

THEA
It belongs to 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. But it
belongs to 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.

OWNERSHIP
 Work not part of regular duties—employee
 Work part of regular duties—employer

MARK
What if a person other than your employer commissioned you to do something, who owns
the work?

THEA
 The person who commissioned the work shall have the ownership of the work, but the
copyright belongs to me, unless there is a written stipulation to the contrary.

OWNERSHIP
 Commissioned works—creator

MARK
In case where your books are adapted to movies, to whom does the ownership belong to?

THEA
With regards to the scenario I wrote which was adapted in movies, the copyright belongs to
me. However, if there is a stipulation among creators, the copyright belongs to the producers to
the extent required for the exhibition of the work in any manner.

MARK
Thank you for your time, Ms. Rolling. I am sure that my viewers have learned a lot. You
are really #PATmaLAW

THEA
You are welcome.

SCENE 5
Setting: Astrodome, or anywhere outside

MARK
If you guys like art, you’d probably know the next person I will be talking to. She is a critically
acclaimed painter who is a genius at what she does. Without further ado, let me show you the
famous painter, Ms. Van Gagogh

VAN
*does not hear Pat because she is busy painting*

MARK
Ms. Van? Ms. Van?? Ms. Gagogh??? GAGOGH?

VAN
Yes, I can hear you now. What do you want?

MARK
Ms. Gagogh, do you know your rights as an artist under the Copyright Law?

VAN
Hmmm. Artist’s rights? I have moral and economic rights over my works (flash what
encompasses economic and moral rights)
 MARK
What about when people display your works without your permission, does that constitute
infringement?

VAN
Well, yes. But some acts involving the use and display of my work shall not constitute
infringement, even if it is made without my permission.
MARK
When is this allowed?

VAN
When the reproduction and communication to the public of literary, scientific or artistic works is
part of reports of current events by means of photography, cinematography or broadcasting to
the extent necessary for the purpose;

When the inclusion of a work in a publication, broadcast, or other communication to the public,
sound recording or film is made by way of illustration for teaching purposes and is compatible
with fair use: Provided, That the source and of the name of the author, if appearing in the work,
are mentioned;

When the use made of a work by or under the direction or control of the Government, by the
National Library or by educational, scientific or professional institutions where such use is in
the public interest and is compatible with fair use; and

When the public display of the original or a copy of the work is not made by means of a film,
slide, television image or otherwise on screen or by means of any other device or process:
Provided, That either the work has been published, or, that original or the copy displayed has
been sold, given away or otherwise transferred to another person by the author or his
successor in title.

Remember that the fair use of a copyrighted work for criticism, comment, news reporting,
teaching including multiple copies for classroom use, scholarship, research, and similar
purposes is not an infringement of copyright.

MARK
How about the moral rights you mentioned earlier, can this be waived?

VAN
Yes, it may be waived in a written instrument. But the waiver will not be valid if it would tend to
injure my reputation as an artist or it would result to the attribution to my name of a work I did
not create.

MARK
 Is there any other example of a waiver of right?

VAN
Hmmm. My right to attribution is deemed waived when I contribute to a collective work. Unless
of course, I tell them the opposite.

MARK
Wow, thank you for the extensive discussion Ms. Van Gagogh. Good luck on yet another
masterpiece you are making.

VAN
K

SCENE 6

MARK
Aside from Ms. Van Gagogh, I will also talk to a person whose profession involves drawing,
albeit in a more technical manner. Let’s not keep her waiting. Hi Miss Architect! I now you are
busy, so this will be quick.

JADE
Yes, let’s start now.

MARK
What are your works which are protected by the Copyright Law from the moment of their
creation?

JADE
For engineers and architects, our works of drawing, painting, architecture, sculpture, engraving,
lithography or other works of art as well as illustrations, maps, plans, sketches, charts and
three-dimensional works relative to geography, topography, architecture or science are
covered by the Copyright Law. Aside from that, works of architecture erected in the Philippine
or other artistic works incorporated in a building or other structure located in the Philippines
are copyrightable works.

MARK
What does copyright in a work of architecture include?

JADE
It includes 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 deprived from
the original.

MARK
 Is there any condition before that right can be applied?

JADE
Yes. The copyright on that work does not include the right to control the reconstruction or
rehabilitation in the same style as the original of a building to which the copyright relates.

MARK
Is there any limitation on the application of the copyright law in your field?

JADE
Yes, there is. The private reproduction of a published work in a single copy by a natural person
for the purpose of research and private study is permitted, even if it is done without the
authorization of the owner of the copyrighted work. However, this is not applicable to the
reproduction of a work of architecture in a form of building or other construction.

MARK
Thank you for allowing me to interview you, Ms. Architect. You can now go back to your work.

JADE
Okay bye.

SCENE 7

MARK
Works by producers are also protected by copyright. To know more about this, I am here now
with Ms. Julfa Turbanada, a renowned producer of many songs. Ms. Turbanada, as a producer,
what do you usually do?

ALYYSSA
Well, as a producer, I am the one who takes the initiative and has the responsibility to fix the
sounds of a performance. I am also responsible in offering copies of the fixed performance or
the sound recording to the public.

MARK
So as a producer, what are the rights given to you by the law?

ALYYSSA
As a producer, I have the right to authorize the direct or indirect reproduction of the sound
recordings, in any manner or form,
 the placing of these reproductions in the market and the right of rental or lending;
 the right to authorize the first public distribution of the original and copies of the
sound recordings through sale or rental or other forms of transferring ownership
  the right to authorize the commercial rental to the public of the original and copies
of the sound recordings, even after distribution by them by or pursuant to
authorization by the producer.

MARK
How do you divide the profits between you and the performer of a sound recording published
for commercial purposes?

ALYYSSA
The performer and I share the profits equally unless there is a contrary agreement.

MARK
Are there any limitations to the payment for the use of the sound recordings you produced?

ALYYSSA
Yes, there are. Payment is not necessary if it used by a natural person exclusively for his own
personal purposes, if short excerpts are only used for reporting current events, if it is used
solely for the purpose of teaching or for scientific research, and it is subjected to the conditions
of fair use.

MARK
Thank you so much for your time Ms. Turbanada. I am sure that my viewers have learned a lot.

SCENE 8

MARK
Guys, I am now in the office of one of the biggest broadcasting company in the Philippines and I
will be speaking to their CEO, Madame Charot.

ATE JADE
Welcome to ABC CBN Patom. Do you want to sign with our network? You look like a TV star.

MARK
I am flattered, Ma’am. But I am just here to ask you about your rights under the Copyright Law.

ATE JADE
What a shame. You can be the next “John Lloyd Cruz”. Anyway, should we start with the
interview?

MARK
Sure, Ma’am. So that things are clear, what is the difference between broadcasting and
broadcasting organization?

ATE JADE
Broadcasting is the means of transmitting by wireless means sounds or images to the public. It
also includes transmission by satellite. Broadcasting organization, on the other hand, includes a
natural person or a juridical entity duly authorized to engage in broadcasting.

MARK
Now that we made that clear, what are your rights as a broadcasting organization?

ATE JADE
Well, as a broadcasting organization, we have the exclusive right to carry out, authorize or
prevent the rebroadcasting of our broadcasts, the recording in any manner of our television
broadcasts for the purpose of communication to the public, and the use of such records for
fresh transmissions or for fresh recording.

MARK
How about your limitations Ma’am, are there any?

ATE JADE
Yes, the limitations to these rights are the same with those of the producers and performers.

MARK
Thank you so much for your time, Ma’am. I know you are a busy person.

ATE JADE
You are welcome. Please think about my offer to you.

SCENE 9

GREGENE
*singing a Moira song* *fans shouting and cheering for her*

MARK
I think I don’t need to introduce the person I will interview next. Just by hearing her voice, you’ll
know who it is already.

GREGENE
Nooo Patom. I want to say hi to your subscribers. Hello everyone!! I am Amoiraahh! It’s a
pleasure to be a guest in PATmaLAW.

MARK
The pleasure is ours, Ms. Amoirah! To begin, what are the rights of a performer like you?

GREGENE
Well, as regards to my performances, I have the right to authorize the broadcasting of it to the
public and to direct the reproduction of my performances in any manner or form. I also have
 the authority to agree to the first public distribution of the original and copies of my
performances through sale or rental or other forms of transfer of ownership.

MARK
How about your moral rights? Can you identify them?

GREGENE
I have the right to claim to be identified as the performer of any of my performances and to
object to any distortion, mutilation or other modification of his performances that would be
prejudicial to my reputation.

MARK
Are there any limitations to your rights as a performer?

GREGENE
Yes. My limitations are the same with that of the producers. (flash the limitations on the rights
of the producers)

MARK
Are there any remunerations given to performers for subsequent communications or
broadcast?

GREGENE
Yes, of course. I am entitled to an additional renumeration equivalent to at least 5 percent of
the original compensation.

MARK
That these rights apply to all kinds of performers?

GREGENE
The rights I said earlier apply only to performers who are Filipino nationals. But those who are
not nationals of the Philippines but whose performances take place in the Philippines, are
incorporated in sound recordings that are protected by Philippine copyright, or which has not
been fixed in sound recording but are carried by broadcast can be protected by Copyright Law.

MARK
Wow! You know so much about your rights.

GREGENE
Well, of course. I am also a PATmaLAW.

MARK
Can I get an autograph? I am a fan.
 GREGENE
Sure!

SCENE 10

MARK
Wow, we have extensively discussed the Copyright Law along with several people. Are you
satisfied now? Do you want to know more? I know you do! Good thing is that I am here with a
lawyer. She will shed light on some gray areas of the law so that no stones are left unturned.
My viewers, let me introduce to you the beautiful, one of a kind, and smart lawyer, Atty.
Shemiah Patrimonio.

*insert Shemiah’s part*

SCENE 11

MARK
That’s it everyone! Thank you for watching and I hope that you learned a lot. May this vlog help
you give and receive credit where credit is due. Do not forget to like and subscribe! And
remember, pag may karapatan ka, iPATlaban mo! Hashtag PATmaLAW! Thank youuu.

SCENE 12

Ate Rochelle is seen slowly walking towards Atty. Shemiah Patrimonio’s Office. She is looking
left and right while her face is covered in a face mask.

NOVA
Atty. Patrimonio, I need to get, get out of this situation…

-END-