Briefer on the

Philippine Copyright
System
Governing Law

Republic Act No. 8293

An Act Prescribing the

Intellectual Property Code
and Establishing the
Intellectual Property Office,
Providing for its Powers and
Functions,
and for Other Purposes

Effective 01 January 1998

RA 10372: amendments to IP Code*

Clarification
of the
Requirement concepts of
Grant of Establishment
of copyright
enforcement of Bureau of
accreditation infringement,
powers to the Copyright and
of collective limitations
Director Other Related
management and
General Rights
organizations exceptions,
digital rights
management

* Effective 22 March 2013

Bureau of Copyright
Copyright
Literary and Artistic Works
Literary and Artistic Works
Literary and Artistic Works
Literary and Artistic Works
Derivative Works
(a) Dramatizations, translations, adaptations,
abridgments, arrangements, and other
alterations of literary or artistic works
(b) 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
Related Rights
Related Rights include:
• Rights of performers
• Rights of sound
recording producers
• Rights of
broadcasting
organizations
Economic Rights
Moral Rights
How long does the protection last?
What constitutes copyright
violation?
Remedies for copyright infringement

CIVIL CRIMINAL ADMINISTRATIVE

Cease & Desist Order
Injunction 1st offense: 1-3 yrs
imprison + 50K-150K Voluntary assurance of
Damages fine
• actual compliance
• moral 2nd offense: 3 yrs & 1 Condemnation or seizure of
• exemplary day - 6 yrs imprison +
150K- 500K fine products
• statutory
Impounding 3rd & subsequent Forfeiture of paraphernalia
Destruction offenses: 6 yrs & 1 day - Administrative fine
9 yrs imprison + 500K-
1.5 M fine Cancellation/withholding of
Subsidiary permit/license/ registration
imprisonment in cases Damages, censure, other
of insolvency.
analogous penalties
Sec. 216.1 Sec. 217.1
Sec. 10.2(b)
Transfer of rights

• The copyright may be assigned or licensed in

whole or in part.
– Assignment involves the transfer of title while
an exclusive licensing agreement does NOT
transfer title.
• The copyright is not deemed assigned or licensed inter
vivos, in whole or in part, unless there is a written
indication of such intention.
180.1, 180.2, IP Code
Collective Management of Copyright

• The owners of copyright and related rights or their

heirs may designate a society of artists, writers,
composers and other right-holders to collectively
manage their economic or moral rights on their
behalf.
• For the said societies to enforce the rights of their
members, they shall first secure the necessary
accreditation from the Intellectual Property
Office.
Sec. 183, IP Code
Collective Management Organizations

Accreditation

Assignment Licensing
Limitations on Copyright

• Statutory Fair Use: Quotations

– The making of quotations from a published
work if they are compatible with fair use
– Provided, That the source and the name of
the author, if appearing on the work, are
mentioned

Sec. 184.1(b), IP Code

Limitations on Copyright

• Statutory Fair Use: Inclusion in a

Publication
– The inclusion of a work in a publication,
broadcast, or other if such inclusion 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;
Sec. 184.1(e), IP Code
Limitations on Copyright
• Statutory Fair Use: Educational
purpose
– The recording made in schools,
universities, or educational institutions of
a work included in a broadcast for the use
of such schools, universities or
educational institutions.
– Provided, that such recording must be
deleted within a reasonable period

Sec. 184.1(f), IP Code

Limitations on Copyright

• Statutory Fair Use: Government Use

– 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;

Sec. 184.1(h), IP Code

 Limitations on Copyright
• Statutory Fair Use: Use by visually
impaired persons
– The reproduction or distribution of published
articles or materials in a specialized format
exclusively for the use of the blind, visually-
and reading-impaired persons:
– Provided, that such copies and distribution
shall be made on a nonprofit basis and shall
indicate the copyright owner and the date of
the original publication.
Sec. 184.1(l), IP Code
Doctrine of Fair Use

• The fair use of a copyrighted work for

criticism, comment, news reporting,
teaching including limited number of
copies for classroom use, scholarship,
research, and similar purposes is not
an infringement of copyright…

Sec. 185.1, IP Code

Doctrine of Fair use
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