Professional Documents
Culture Documents
COPYRIGHT
Copyright vs Patents i) Illustrations, maps, plans, sketches, charts and three
RA 8293 expressly repealed P.D. 49 and
Amended by R.A. No. 10372
PD 285
dimensional works relative to geography, topography,
Pearl & Dean vs. Shoemart, Inc. et al, No. architecture or science;
1482222, Aug 15, 2003 j) Drawings or plastic works of a scientific or technical character;
Does the copyright over the engineering
k) Photographic works including works produced by a process
drawings extend ipso facto to the actual light
International Treaties and Agreements boxes depicted or illustrated in the said
analogous to photography; lantern slides;
drawings? l) Audiovisual works and cinematographic works and works
Berne Convention for the Protection of Literary and Artistic Works
produced by a process analogous to cinematography or any
(August 1, 1951) copyright registration of a drawing or
process for making audio-visual recordings;
Rome Convention for the Protection of Performers, Producers of pictorial illustration which depicts light boxes
Phonographs and Broadcasting Organizations (September 25, or box-type electrical devices protects the m) Pictorial illustrations and advertisements;
1984) drawing but not the light box depicted n) Computer programs; and
World Trade Organization WTO - Agreement on Trade Related
therein
o) Other literary, scholarly, scientific and artistic works
Aspects of Intellectual Property Rights (January 1, 1995) In the oft-cited case of Baker vs. Selden, the United
States Supreme Court held that only the expression of
WIPO Copyright Treaty and WIPO Performances and Phonograms an idea is protected by copyright, not the idea itself.
Treaty (ratified by the Philippines on October 4, 2002)
Beijing Treaty (signed on June 26, 2012) – Treaty on the
Protection of Audiovisual Performances.
Marraakesh Treaty to Facilitate access to Published Works of
Persons who are Blind, Visually Impaired or otherwise Print
Disabled
Copyrightable Objects
A. Original Literary and Artistic Works (Sec. 172) Copyrightable Objects
a) Books, pamphlets, articles and other writings;
Periodicals and newspapers;
Copyright
b)
Dramatizations, translations, adaptations,
c) Lectures, sermons, addresses, dissertations prepared for oral delivery,
abridgments, arrangements, and other alterations of
whether or not reduced in writing or other material form;
Right over literary and artistic works which are literary or artistic works; and
d) Letters;
original intellectual creations in the literary and Collections of literary, scholarly or artistic works, and
e) Dramatic or dramatico-musical compositions; choreographic works or
artistic domain protected from the moment of entertainment in dumb shows; compilations of data and other materials which are
creation (Kho vs. CA, 115758, March 11, 2002). original by reason of the selection or coordination
f) Musical compositions, with or without words;
arrangement of their contents (Sec.173, IPC)
g) Works of drawing, painting, architecture, sculpture, engraving,
Columbia Pictures vs CA, 261 SCRA 144
lithography or other works of art, models or designs for works of art;
Since Sec. 2 of PD 49 provides that “the right granted under this Decree
shall, from the moment of creation, subsist with respect to any of the
h) original ornamental designs or models for articles or manufacture,
following classes of works,” then even with respect to works which are whether or not registrable as an industrial design, and other works of
required under the Decree to be registered and with copies to be applied art;
deposited with National Library, the failure to comply with said
requirements does not deprive the copyright owner of the right to sue
for infringement; it merely limits the remedies available to him and
subjects him to the corresponding sanction.
Unprotected Works (Sec. 175) Unprotected Works Copyright Ownership
One Creator – the creator, his heirs or assigns
Government copyright
a) Any idea, procedure, system, method or operation, Joint Creation – co-authors shall be he original owners
concept, principle, discovery, or mere data as such, Authors of –
Commissioned Work – the person commissioning owns the work;
even if they are expressed, explained, illustrated or speeches, lectures, sermons addresses, and dissertation, ownership of copyright remains with the creator, unless there is a
embodied in a work (ART 10 (1), TRIPS) pronounced, read or rendered in court of justice, before written stipulation to the contrary.
b) News of the day and other miscellaneous facts administrative agencies, in deliberative assemblies and in
Audio-visual work – producer for purposes of exhibition; for all
having the character of mere items of press meetings of public character other purposes, the producer, the author if the scenario, the
information exclusive right of making a collection of his works composer, the film director, the photographic director and the
ABS-CBN v GOZON G.R. No. 195956, March 11, 2015 author of the work are the owners.
Government has the right to receive/hold copyrights (Sec
c) Any official text of a legislative, administrative or 176.3) Pseudonymous and Anonymous works – unless the author is
legal nature, as well as any official translation undisputedly known, the publisher shall be presumed to be the
AM No. 04-7-06-SC July 20, 2004 representative of the author (Secs. 178 & 179)
thereof
provide SC copies reproduced Employee’s work during course of employment – employer, if the
d) Any work of the Government of the Philippines result of regular functions or duties but the employee owns it if it
is not part of his duties.
Moral rights are not assignable but may be waived the right to publish once materials sent
171.8. "Rental" is the transfer of the
by a writer, a photographer, an artist to a
possession of the original or a copy of a NO Waiver :
periodical or newspaper publisher, but
work or a sound recording for a limited If the creator's name will be used to damage the reputation of
period of time, for profit-making
such writer or artist retains his copyright
another person
purposes; on the piece (Sec. 180.3, IPC).
If the creator's name will be used to give credit to something he
or she did not make
7. OTHER COMMUNICATION TO THE PUBLIC copyright Exclusive license of economic rights (Sec 180.4)
"171.3. ‘Communication to the public’ or ‘communicate to the Sale or lease of work (Sec. 200) Right to regular statements of account (Sec
public’ means any communication to the public, including 180.5)
5% of gross sales during
broadcasting, rebroadcasting, retransmitting by cable,
broadcasting and retransmitting by satellite, and includes the lifetime + 50 yrs after death of author Transfer of material object does not include
making of a work available to the public by wire or wireless transfer of copyright and vice versa (Sec 181)
Not covered:
means in such a way that members of the public may access
Designation of Society to collectively manage
these works from a place and time individually chosen by Prints, etchings, engravings, works of applied
them;" economic or moral rights on behalf of
art, works wherein author primarily derives
artists, writers, composers, etc. Needs to
Rebroadcasting as defined in Article 3(g) of the International gain from the proceeds of reproductions
Convention for the Protection of Performers, Producers of get accreditation from IPO (Sec 183)
Phonograms and Broadcasting Organizations, otherwise known
as the 1961 Rome Convention, of which the Republic of the
Philippines is a signatory, [21] is “the simultaneous broadcasting
by one broadcasting organization of the broadcast of another
broadcasting organization.”
Acts that do not infringe copyright (Sec 184) Acts that do not infringe copyright (Sec 184) Acts that do not infringe copyright
k) Any use made of a work for the purpose of any judicial
a) Recitation or performance of a published work: (i) done proceedings, or for the giving of professional advice by a
privately (i) free of charge (iii) for a charitable or f) Recoding made in schools, universities, or educational legal practitioner;
religious institution; institutions of a work included in a broadcast for the
l) Reproduction or distribution of published work in a
b) Making of quotations from a published work compatible use of such schools, universities or educational
specialized format for use of the blind/visually and
with fair use institutions. Such recording must be deleted within a reading impaired persons
c) Mass media reporting of articles on current political, reasonable period; such recording may not be made
from audio-visual works which are part of the general m) Reconstruction/rehabilitation of building covered by
social, economic, scientific or religious topic, lectures,
copyright in a work of architecture
addresses and other works delivered in public for cinema repertoire feature films except for brief
information purposes which has not been expressly excerpts of the work; n) Single copy reproduction of a published work by natural
reserved; person exclusively for research and private study (Sec. 187)
g) Making of ephemeral recordings (i) by a broadcasting
(RAPPLER, INC VS BAUTISTA, GR NO. 222702, April 5, 2016) organization, (ii) by means of its own facilities, (iii) o) Reproduction by libraries of (i) fragile works, (ii) isolated
articles in composite works, (iii) brief portions of
for use in its own broadcast;
published work, (iv) to preserve or replace copy (Sec. 188)
*Provided, That the source is clearly indicated
p) One back-up copy of computer program.(Sec. 189)
Acts that do not infringe copyright (Sec 184) Acts that do not infringe copyright (Sec 184)
Acts that do not infringe copyright
h) Use by Government / National Library /
educational, scientific or professional institutions
d) Current event reporting by means of photography, Fair Use of a Copyrighted Work. – (Sec 185)
for public interest
cinematography or broadcasting to the extent o criticism
necessary for the purpose ; i) Free Public performance where no admission fee is o comment
charged by a club or institution for charitable or o news reporting
educational purpose only and the aim is not profit-
o teaching
e) Inclusion of a work in a publication, broadcast, or making;
other communication to the public, sound recording o scholarship
j) Public display of the published original or copy of research
or film if made by way of illustration for teaching o
the work not made by means of films, slide, o Decompilation - the reproduction of the code and
purposes compatible with fair use
television image or otherwise on screen or by
translation of the forms of a computer program to
means of any other device or process not otherwise
achieve the interoperability of an independently
*Source and name of author must be indicated assigned or licensed
created computer program with other programs
Acts that do not infringe copyright Acts that do not infringe copyright – use by the
Government Copyright vs plagiarism
In determining Fair Use of a Copyrighted Work. – (Sec 185) ABS-CBN BROADCASTING CORP vs PHILIPPINE MULTI-
Factors to be considered: Plagiarisim is the practice of claiming or
o MEDIA SYSTEM,INC.,G.R. Nos. 175769-70 January 19, 2009 implying original authorship of (or
(a) The purpose and character of the use, including ABS-CBN contends that PMSI’s unauthorized rebroadcasting incorporating material from) someone else’s
whether such use is of a commercial nature or is for non- of Channels 2 and 23 is an infringement of its broadcasting written or creative work, in whole or in part,
profit education purposes; rights and copyright under Sec 211 of the IPC into ones’s own without adequate
(b) The nature of the copyrighted work; NTC “Must-Carry Rule acknowledgement.
while the Rome Convention gives broadcasting organizations the right to authorize Copyright infringement is a violation of the
(c) The amount or portion of the copyrighted work being or prohibit the rebroadcasting of its broadcast, however, this protection does not
classified as fair use extend to cable retransmission rights of the copyright holder, when material
is used without the copyright holder’s
(d) The effect of the use upon the potential market for or broadcasting is “the transmission by wireless means for the public reception of consent.
value of the copyrighted work. sounds or of images or of representations thereof; such transmission by satellite is
also ‘broadcasting’ where the means for decrypting are provided to the public by
Unpublished work may qualify for fair use the broadcasting organization or with its consent.”
Pseudonymous or Anonymous works – till the end of fifty (50) years "(i) Circumvents effective technological measures; or
3. Right of Use of recordings
following the date of their first publication. The fifty year commences
from January 1 following the date of publication.
"(ii) Having reasonable grounds to know that it will
induce, enable, facilitate or conceal the infringement,
Work of applied art – twenty-five (25) years from the date of making.
ABS-CBN B vs-PHILIPPINE MULTI-MEDIA
remove or alter any electronic rights management
Photographic or audio-visual works – fifty (50) years from the publication
SYSTEM,INC., et al,G.R. Nos. 175769-70, January
of the work, or from making if unpublished information from a copy of a work, sound recording, or
19, 2009 fixation of a performance, or distribute, import for
Broadcast – twenty (20) years from the date of broadcast.
distribution, broadcast, or communicate to the public
Performers and producers of sound recordings – fifty (50) years from the
end of the performance year/recording year works or copies of works without authority, knowing
that electronic rights management information has
been removed or altered without authority.
Rights Management Information
Remedies (Sec 216.1)
"In case the infringer was not aware and had no reason to Remedies
believe that his acts constitute an infringement of copyright,
"171.13.‘Rights management information’ means 7. Criminal Case.(Sec 217)
the court in its discretion may reduce the award of statutory
information which identifies the work, sound damages to a sum of not more than Ten thousand pesos
recording or performance; the author of the work, First offense – 1-3 yrs imprisonment + fine
(Php10,000.00): Provided, That the amount of damages to be
producer of the sound recording or performer of the P50,000-P150,000
awarded shall be doubled against any person who:
performance; the owner of any right in the work, Second offense - 3-6 yrs imprisonment + fine
"(i) Circumvents effective technological measures; or
sound recording or performance; or information P150,000-P500,000
about the terms and conditions of the use of the "(ii) Having reasonable grounds to know that it will induce,
enable, facilitate or conceal the infringement, remove or alter Third and succeeding offenses - 6-9 yrs
work, sound recording or performance; and any imprisonment + fine P500,000-P1,500,000
any electronic rights management information from a copy of a
number or code that represent such information, work, sound recording, or fixation of a performance, or
when any of these items is attached to a copy of the With subsidiary imprisonment in case of
distribute, import for distribution, broadcast, or communicate insolvency
work, sound recording or fixation of performance or to the public works or copies of works without authority,
appears in conjunction with the communication to knowing that electronic rights management information has
the public of a work, sound recording or been removed or altered without authority.
performance."
Remedies Remedies
Maximum penalty if committed by:
OR STATUTORY DAMAGES (Sec 216.1) Remedies (Sec. 216)
"The copyright owner may elect, at any time before final judgment is "(a) the circumvention of effective technological
rendered, to recover instead of actual damages and profits, an 3. Impoundsales invoices and other measures;
award of statutory damages for all infringements involved in an documents evidencing sales "(b) the removal or alteration of any electronic
action in a sum equivalent to the filing fee of the infringement rights management information from a copy of a
action but not less than Fifty thousand pesos (Php50,000.00). In 4. Destruction of all infringing copies or
work, sound recording, or fixation of a
awarding statutory damages, the court may consider the following devices without compensation performance, by a person, knowingly and without
factors:
5. Payment of moral and exemplary authority; or
"(1) the nature and purpose of the infringing act; damages "(c) the distribution, importation for distribution,
"(2) the flagrancy of the infringement; broadcast, or communication to the public of
6. Seizure and impounding of articles as
"(3) Whether the defendant acted in bad faith; evidence in court works or copies of works, by a person without
"(4) the need for deterrence; authority, knowing that electronic rights
management information has been removed or
"(5) Any loss that the plaintiff has suffered or is likely to suffer by
reason of the infringement; and
altered without authority.“ (Sec 217.2)
Points of Attachment
Presumptions Sound Recordings:
REVERSE RECIPROCITY
1. Copyright subsists in a work o 223.1. sound recordings the producers of which
2. Plaintiff is the owner of the copyright are nationals of the Philippines; and
3. Presumption of authorship o 223.2. Sound recordings that were first published Sec. 232. Reverse Reciprocity of Foreign
4. International registry of works in the Philippines. (n) Laws. - Any condition, restriction,
limitation, diminution, requirement, penalty
5. possession of infringing copy
or any similar burden imposed by the law of
"SEC. 220A. Disclosure of Information. – Where any article Broadcasts: a foreign country on a Philippine national
or its packaging or an implement for making it is seized seeking protection of intellectual property
or detained under a valid search and seizure under this o (a) Broadcasts of broadcasting organizations the
headquarters of which are situated in the rights in that country, shall reciprocally be
Act is, or is reasonably suspected to be, by an enforceable upon nationals of said country,
authorized enforcement officer, in violation of this Act, Philippines; and
the said officer, shall, wherever reasonably practicable, within Philippine jurisdiction.
o (b) Broadcasts transmitted from transmitters
notify the owner of the copyright in question or his situated in the Philippines.
authorized agent of the seizure or detention, as the
case may be." those covered by Sec 3, IPC