Nehemiah P.

Montecillo
JD-3

Intellectual Property Assignment

1. What is copyright law?

A copyright is the legal protection extended to the owner of the rights in an original work. It is a
legal concept that gives the creator of an original work exclusive rights to it, usually for a limited period
of time. At its most general, it is literally “the right to copy,” but also gives the copyright holder the right
to be credited for the work, to determine who (if anyone) may adapt the work to other forms, to
determine who may perform the work, to benefit financially from the work, and other related rights.
The scope of copyright is confined to literary and artistic works which are original intellectual creations
in the literary and artistic domain.

2. What are the criteria for copyright protection?

The criteria for a copyright protection: (a) It must be fixed in a tangible medium of expression (b)
It must be an expression of ideas in a literary, dramatic, musical or artistic work, or in subject matter
other than works, such as in an audio-visual performance (c)It must be original (d)The work must be
recorded in a material form (e) It must be an authorship.

3. What is collective work?

A collective work is a work that contains the works of several authors assembled and published
under the direction of one natural or legal person who owns the copyright in the work as a whole.

4. What is a work of applied art?

The term applied art refers to the application of designs and/or aesthetics to otherwise
functional objects. It is an artistic creation with utilitarian functions or incorporated in a useful article,
whether made by hand or produced on an industrial scale.

5. What are derivative works?

A derivative work is an expressive creation that includes major copyrightable elements of an
original, previously created first work. The derivative work becomes a second, separate work
independent in form from the first. A derivative work is a new, original product that includes aspects of
a preexisting, already copyrighted work. Also known as a "new version," derivative works can include
musical arrangements, motion pictures, art reproductions, sound recordings or translations. They can
also include dramatizations and fictionalizations, such as a movie based on a play.

6. Give examples of derivative works?

Common derivative works include translations, musical arrangements, motion picture versions
of literary material or plays, art reproductions, abridgments, dramatizations, fictionalizations, and
condensations of preexisting works. Other examples of derivative works include: translating an English
novel into Spanish, remixing previously released music, creating a sequel to a film using characters and
other elements from the original.

7. What are works not protected under copyright law?

The law provides under RA 8293 no protection shall extend to any idea, procedure, system,
method or operation, concept, principle, discovery or mere data as such, even if they are expressed ,
explained, illustrated or embodied in a work; news of the day and other miscellaneous facts having the
character of mere items of press information; or any official text of a legislative, administrative or legal
nature, as well as any official translation thereof.

SECTION 176. Works of the Government. - 176.1. No copyright shall subsist in

any work of the Government of the Philippines.
exploitation of such work for profit.

8. What is a first sale doctrine?

The first sale doctrine, provides that an individual who knowingly purchases a copy of a
copyrighted work from the copyright holder receives the right to sell, display or otherwise dispose of
that particular copy, notwithstanding the interests of the copyright owner. The right to distribute ends,
however, once the owner has sold that particular copy.

9. Distinguish assignment of copyright from a license.

A copyright is the legal term used to declare and prove who owns the intellectual
property while a license is a permit from an authority to own or use something, it is the legal term used
to describe the terms under which people are allowed to use the copyrighted material.

10. What are commissioned works?

Any work can be commissioned – from software to music, films to photography (as long as the
work can be produced in a tangible form and recorded). Commissioning of work is a very specific
agreement relating directly to the resultant product in which someone will end up owning exclusive
rights.
Commissioning is the process in which a creator is approached by another party seeking to have a work
completed for a price. It should be clear from the aforementioned that if someone has been
commissioned to, the commissioner is not the owner of the copyright in the translation, unless the
parties have contractually agreed that that would be the case by way of an assignment of the copyright
to the commissioner.

11. Can a copyright be assigned?

Yes, the law provides that the copyright may be assigned or licensed in whole or in part. Within
the scope of the assignment or license, the assignee or licensee is entitled to all the rights and remedies
which the assignor or licensor had with respect to the copyright(Section 180,RA 8293).

12. What is a doctrine of fair use?

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.Decompilation, which is the reproduction of the code and translation of the forms of the
computer programs to achieve the inter-operability of an independently created computer
program with other programs, may also constitute fair use. In determining whether use of a work
constitutes fair use, the following factors are considered:

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; and
4. The effect of the use upon the potential market for or value of the copyrighted work.
(Section 185,RA 8293)

13. When will a copyright be subject for infringement?

Under the law, copyright infringement occurs when there is a violation of any of the
exclusive economic or moral rights granted to the copyright owner. It may also consist in aiding or
abetting such infringement. The IP Code also provides for the liability of a person who at the time
when copyright subsists in a work has in his possession an article which he knows, or ought to know,
to be an infringing copy of the work for the following purposes: (a) selling or letting for hire, or by way
of trade offering or exposing for sale or hire, the article; (b) distributing the article for the purpose of
trade, or for any other purpose to an extent that will prejudice the rights of the copyright owner in
the work; or (c) trade exhibit of the article in public.
SEC. 216. Infringement. – Any person infringes a right protected under this Act when one:
(a) Directly commits an infringement;
(b) Benefits from the infringing activity of another person who commits an infringement if the person
benefiting has been given notice of the infringing activity and has the right and ability to control the
activities of the other person;
(c) With knowledge of infringing activity, induces, causes or materially contributes to the infringing
conduct of another.