Napoles, Shanelle T.

TOPIC: Intellectual Property Law; Copyright 1989

PROBLEM:

Felix copyrighted the oil painting showing the oath taking of Pres. C. Aquino and Vice-President
S. Laurel after the EDSA revolution. Val engaged an artist to paint the same scene for use as
picture postcards. Val then started sending the picture postcards to his friends abroad. Is there
a violation of Felix’s copyright? Reasons.

ANSWER:

No, there was no violation of Felix’ copyright. Section 175 of the Intellectual Property Code
provides for works not protected by copyright. It says that 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.

While Felix can have a copyright on his own painting which is expressive of his own artistic
interpretation of the event he has portrayed, the scene or the event itself however, is not
susceptible to exclusive ownership. Hence, the oath taking scene may be painted by another
person without violating Felix’ copyright.