LAW ON COPYRIGHT FACTS: Selden obtained a copyright protection for his
book “Selden’s Condensed Ledger or Bookkeeping
Copyright – literary and artistic works which are original
intellectual creations in the in the literary and artistic
domain protected from the moment of their creation.
Copyright is synonymous with economic rights, and shall
consist of the exclusive right to carry out, authorize or
prevent the ff:
1. Reproduction of the work or substantial portion of
the work;
2. Dramatization, translation, adaptation,
abridgment or other transformation of the work;
3. The first publication of the original and each copy
of the work by sale or other forms of transfer of
ownership;
4. Rental or the original or a copy of the work;
5. Public display of the original or a copy of the
work;
6. Public performance of the work;
7. Other communication to the public of the work.
Copyright vis-à-vis Patent – as to object, patent involves
inventions while copyright includes literary and artistic
works.
P&D v. SHOEMART
GR No. 148222
August 15, 2003
FACTS: P&D is a corporation engaged in the manufacture
of light boxes under the trademark ‘Poster Ads.’ It
employed the services of Metro Industrial Services to
manufacture its advertising displays. P&D received reports
that exact copies of its light boxes were installed at SM
City.
ISSUE: If the light boxes are granted copyright protection,
is the light box depicted in such engineering drawings ipso
facto also protected by such copyright?
RATIO DECIDENDI:
1. A copyright over the drawings like the plaintiff’s will not
extend to the actual object; what was copyrighted was
the technical drawings only, and not the light boxes
themselves. The light box was not a literary or artistic
piece which could be copyrighted.
BAKER V. SELDEN
101 US 841 [1879]
Simplified” which purported to explain a new system of
bookkeeping. Included in the book were blank forms and
illustrations. The defendant then produced forms which
were similar to the forms illustrated in Selden’s book.
ISSUE: WON the actual forms illustrated in the book are
protected by copyright.
RATIO DECIDENDI:
1. No. Exclusivity to the actual forms is not protected by
copyright. Reason: To grant a monopoly in the
underlying art when no examination of its novelty has
ever been made would be a surprise and fraud to the
public. Copyright merely employs a recordal system
without the benefit of an in-depth examination of
novelty.
Copyright is a statutory right – the rights are limited to
what the statute confers. Accordingly, it can cover only the
works falling within the statutory enumeration or
description.
NOTE: The enumeration of the scope of copyright
is found under Sec. 172. Those works are
protected by the sole fact of their creation,
irrespective of their mode or form of expression,
as well as of their content, quality and purpose.
Copyright and E-Commerce Act – the advent of
electronic communication and commerce enlarged the
scope of copyright.
OLANO V. CO
GR No. 195835
March 14, 2016
FACTS: LEC invited architects of Project to submit designs
and drawings and specifications for interior and exterior
hatch doors. LEC was thereafter subcontracted by SKI-FB.
LEC learned that Metrotech was also subcontracted to
install hatch doors. LEC demanded Metrotech to cease
from infringing its intellectual property rights.
ISSUE: WON Metrotech infringed the copyright of LEC.
RATIO DECIDENDI:
1. No. The elements of copyright infringement did not
simultaneously concur. Copyright infringement occurs
when any person shall use original literary and artistic
works without the copyright owner’s consent. The
evidence on record must show:
 a. Ownership of a validly copyrighted material
by the complainant;
b. Infringement of the copyright by the
respondent.
While both elements subsist, they did not
simultaneously concur.
2. The element of copyrightability is absent. The hinges on
LEC’s hatch doors have no ornamental or artistic
value.
3. Hatch doors were not artistic works within the meaning
of copyright laws. A hatch door, by its nature, is an
object of utility. It is intrinsically a useful article which
is not eligible for copyright.
GR: A useful article defined as an article having an
intrinsic utilitarian function that is not merely to
portray the appearance of the article or to convey
information is excluded from copyright eligibility.
XPN: When a useful article incorporates a design
element that is physically or conceptually
separable from the underlying product.
4. Being articles of manufacture already in existence,
they cannot be deemed as original creations. Valid
copyright ownership denotes originality of the
copyrighted material. ‘Originality’ means that the
material was not copied, evidences at least minimal
creativity and was independently created by the
author.
Derivative works – creations that are based on an
existing work, i.e. series of film, remake of an old song, etc.
These works shall be protected as new works, provided,
however, that such new work shall not affect the force of
any subsisting copyright upon the original works.
Publisher’s right - publisher shall have a copyright
merely of the right of reproduction of the typographical
arrangement of the published edition of work.
Publisher - someone engaged in the business of
publishing materials such as books, news, and
magazines.
Non copyrightable works
1. Ideas, concepts, principles, discoveries and the likes
2. News of the day;
3. Official government texts from the three branches of
the government.
JOAQUIN V. DRILON
GR No. 108946
January 28, 1999
FACTS: BJPI is the holder of Rhoda and Me, a dating game
show. While watching TV, petitioner saw on RPN Channel
9 an episode of It’s a Date, which was produced by IXL. The
petitioner wrote a letter to the president of IXL demanding
that the latter discontinue airing It’s a Date.
ISSUE: WON the format or mechanics of petitioner’s
television show is entitled to copyright.
RATIO DECIDENDI:
1. No. Format of a show is not copyrightable. The format
or mechanics of a television show is not included in
the list of protected works.
2. Copyright, in the strict sense of the term, is purely a
statutory right – the rights are only such as the statute
confers. A copyright may be obtained only for a work
falling within the statutory enumeration or
description. The law refers to finished works, not
concepts.
3. The copyright does not extend to the general concept
or format of its dating game show.
ABS-CBN v. GOZON
GR No. 195956
March 11, 2015
FACTS: ABS-CBN conducted live video coverage of the
arrival of one Angelo dela Cruz at NAIA. ABS-CBN allowed
Reuters to air the footages it had taken earlier. GMA
subscribed to Reuters and CNN. It received a live video
feed of the coverage of Angelo dela Cruz’s arrival. GMA-7
immediately carried the live newsfeed.
ISSUE: WON news footage is copyrightable under the law.
RULING:
1. The news footage is copyrightable. Under the law,
“news of the day and other miscellaneous facts having
the character of mere items of press information” are
considered unprotected subject matter. However, the
Code does not state that expression of the news of the
day, particularly when it underwent a creative
process, is not entitled to protection.
An idea or event must be distinguished from the
expression of that idea or event. Ideas can be
either abstract or concrete. It is the concrete ideas
that are generally referred to as expression.
Works of the Government – work created by an officer or
employee of PH Government or any of its subdivision or
instrumentalities, including GOCC, as part of his regularly
prescribed official duties.
GR: No copyright shall subsist in any work of the
Government of the Philippines.
XPN: The Government is not precluded from
receiving and holding copyrights transferred to it
by assignment, bequest or otherwise.
Two (2) elements:
1. The creator must be an officer or employee of the
government;
2. The work was done as part of his regularly
prescribed official duties.
Prior approval of the Government
GR: Prior approval of the government agency wherein the
work is created shall be necessary for exploitation of such
work for profit.
XPN: No prior approval shall be required for the
use of any purpose or statutes, rules and
regulations, and speeches, lectures, sermons,
addresses, and dissertations, pronounced, read or
rendered in courts of justice, before
administrative agencies, in deliberative assembles
and in meetings of public character.
Copyright ownership
1. In the case of original literary and artistic works,
copyright shall belong to the author of the work.
2. GR: In case of joint authorship, the co-authors shall be
the original owners. In the absence of agreement, their
rights are governed by the rules on co-ownership.
XPN: If it consists of parts than 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 he
created.
Copyright ownership in:
1. The course of employment – the copyright belongs
to:
a) The employee – if the creation of the object is
not part of his regular duties, even if the
employee uses the dime, facilities, and
materials of the employer.
b) The employer – if the work is the result of
the performance of his regularly-assigned
duties, unless there is an agreement.
2. Of a commissioned work – the person who
commissioned the work shall have ownership of the
work, but the copyright thereto shall remain with
creator.
3. Audiovisual work - producer, the author of the
scenario, the composer, film director, etc.
4. Letters – to the writer.
5. Anonymous and pseudonymous works – the
publisher shall be deemed to represent the authors.
Transfer or assignment – copyright may be assigned or
licensed in whole or in part. The assignee is entitled to all
the rights and remedies which the assignor had.
NOTE:
o As to newspaper or periodicals – the
submission of a literary, photographic or
artistic work to a newspaper, magazine or
periodical for publication shall constitute only
a license to make a single publication, unless
a greater right is expressly granted.
o As to joint ownership – neither of the
owners shall be entitled to grant license
without the prior written consent of the other
owner or owners.
Form and recording – the copyright is not deemed
assigned or licensed unless there is a written indication of
such intention.
Limitations on copyright – the ff. shall not constitute
copyright infringement:
1. The recitation or performance of work, if:
 Lawfully made accessible to the public;
 Done privately and free of charge; or
 Made for a charitable or religious institution.
2. The making of quotations from a published work, if:
 Compatible with fair use;
 Source and the name of the author must
appear on the work;
NOTE: Published works – works, which, with the
consent of authors, are made available to the public by
wire or wireless means.
3. Reproduction or communication to the public by mass
media, if:
 The use is for information purposes;
 The source is clearly indicated.
4. Reproduction or communication to the public of
literary, scientific and artistic works as part of reports
of current events;
5. The inclusion of a work in a publication, broadcast, or
other communication to the public, provided:
 The source and name of author is mentioned.
6. The recording made in schools for the use of such
schools, provided:
 Must be deleted within a reasonable period.
7. The making of ephemeral recordings.
8. The use made of work by or under the direction or
control of the government, by the National Library.
 This presupposes government’s use for public
interest.
 No payment of just compensation is
necessary.
9. The public performance or the communication to the
public of a work, provided:
 In a place where no admission fee is charged,
or for charitable or educational purpose.
10. Any use of a work for the purpose of any judicial
proceedings or for the giving of professional advice by
a legal practitioner.
ABS-CBN V. PMSI
GR No. 175769-70
January 19, 2009
FACTS: The programs aired by Channels 2 and 23 are
either produced by ABS-CBN or purchased from or
licensed by other producers. PMSI was granted a
legislative franchise to install, operate and maintain a
nationwide satellite service. It offered as part of its
program Channels 2 and 23. ABS-CBN demanded for PMSI
to cease and desist from rebroadcasting said channels.
ISSUE: WON ABS-CBN can prevent PMSI in rebroadcasting
Channel 2 and 23.
RATIO DECIDENDI: [NO]
1. The law on copyright is not absolute. “Must-Carry rule”
is a limitation of copyright. Sec. 184.1 of IP Code
provides that:
“The use made of a work by or under the direction
and control of the Government, by the National
Library, or by educational, scientific or professional
institutions where such use is for public interest and is
compatible with fair use.”
The carriage of ABS-CBN’s signals by virtue of a
circular is under the direction and control of the
government through the NTC. The imposition of the
must-carry rule is within the NTC’s power to
promulgate rules and regulations, as public safety and
interest may require, to encourage a larger and more
effective use of communications, and to maintain
effective competition among private entities.
Fair use – using somebody else’s work fairly, i.e. what is
reasonable under circumstances.
The fair use of a copyrighted work for criticism,
comment, news reporting, teaching for classroom use,
scholarship, research and similar purpose is not an
infringement of copyright. In determining whether the use
of a work is fair use, the factors to be considered are:
[PANE]
1. Purpose and character of the use;
2. Amount and substantiality of the portion
used;
NOTE: Substantiality weighs more than the
amount. It does not necessarily require that
the entire copyrighted work, or even a large
portion of it, be copied. If so much is taken
that the value of the original work is
substantially diminished, there is an
infringement of the copyright.
3. Nature of the copyrighted work;
4. Effect of the use;
NOTE: If say, 10 out 500 pages is copied, and
those pages proved to be the reason why the
book is being patronized, then it may be
unfair use.
HABANA V. ROBLES AND GOODWILL TRADING
GR No. 131522
July 19, 1999
FACTS: Petitioners are authors of a book entitled “College
English for Today” [CET]. Respondents are authors of a
book entitled Developing English Proficiency [DEP]. By
chance, petitioners came upon the book of respondent and
upon perusal of the said book, they were surprised to see
that the book was strikingly similar to the contents,
scheme of presentation, illustrations in their own book,
CET.
ISSUE: WON, despite the apparent textual, thematic and
sequential similarity between DEP and CET, respondents
committed no copyright infringement.
RATIO DECIDENDI: [YES]
1. Respondent’s act of lifting from the book of
petitioner substantial portions of discussions and
examples, and her failure to acknowledge the
same in her book, is an infringement of
petitioner’s copyrights. Several pages of the DEP’s
book are similar, in not identical, with the text of CET.
2. Measure of substantiality of production. It does not
necessarily require that the entire copyrighted work,
or even a large portion of it, be copied. If so much is
taken that the value of the original work is
 substantially diminished, there is an infringement of
the copyright.
3. Respondent’s copying is injurious. Even if
petitioners and respondent Robles were of the same
background in terms of teaching experience and
orientation, it is not an excuse from to be identical
even in examples contained in their books.
4. Pulling out of books from the stores are indicia of
guilt. When the DEP’s books were re-issued as a
revised version, all the pages cited by petitioners to
contain portion of the CET were eliminated.
5. Failure to acknowledge original author produces
injurious effect. In infringement, copying alone is not
what is prohibited. The copying must produce and
“injurious effect.” The injury consists in that Robles
lifted from petitioner’s book materials that were the
result of the latter’s research work and
misrepresented them as her own.
Plagiarism vis-à-vis copyright infringement
Plagiarism – practice of claiming or implying
original authorship of someone else’s written or
creative work, in whole or in part, into one’s own
without adequate acknowledgement. It is
concerned with unearned increment to the
plagiarizing author’s reputation that is achieved
through false claims of authorship.
Copyright infringement – violation of
the rights of the copyright holder, when
material is used without the copyright
holder’s consent.
Copyright in work of Architecture – includes the right to
control the erection of any building which reproduces the
whole or substantial portion of the work.
NOTE: Copyright shall not include the right to
control the reconstruction or rehabilitation in the
same style as the original.
Reproduction of a Published Work – a private
reproduction of a published work in a (1) single copy,
where the reproduction is made by a (1) natural person,
exclusively (3) for research and private study, shall be
permitted, without authorization. [SNR]
The permission shall not extend to the reproduction
of:
1. Work of architecture;
2. An entire book, or a substantial portion
thereof by reprographic means;
3. Compilation of data and other materials;
4. Computer programs;
5. Any work in cases where reproduction would
unreasonably conflict with normal
exploitation of the work, or unreasonably
prejudice the legitimate interests of the
author.
Reprographic reproduction by Libraries – libraries or
archives may, without the authorization of the author or
copyright owner copy the work, provided: (1) it is not for
profit; and (3) for a limited number of copies.
Reproduction of computer program – the reproduction
in one back-up copy shall be permitted without the
authorization of the author, provided it is necessary for:
(1) The use of the computer program; and
(2) For archival purposes and for replacement in the
event the computer program is lost, destroyed or
rendered unusable.
Computer – electronic or similar device having
information processing capabilities. This embraces
any other electronic device, aside from the equipment
we normally know as computer.
Computer program – set of instructions expressed in
works, codes, schemes, or in any other form which is
capable when incorporated in a medium that the
computer can read, or causing the computer to
perform or achieve a particular task or result. It is
what makes the computer usable.
NBI-MICROSOF V. HWANG
GR No. 147043
June 21, 2005
FACTS: Microsoft and Beltron entered into a licensing
agreement, which provides in part that Beltron is
authorized to reproduce and install no more than one (1)
copy of Microsoft software on each Customer System ROM.
Microsoft terminated the Agreement for Beltron’s non-
payment of royalties. Microsoft learned that respondents
were illegally copying and selling Microsoft softwares.
Consequently, an NBI agent bought a computer hardware
and software from respondents. The CPU contained pre-
installed Microsoft softwares. After which, search warrants
were served and several computers hardware and
software were seized. Beltron argued that Microsoft
should have filed a collection suit instead of criminal
complaint. DOJ dismissed Microsoft’s complaint for lack of
merit.
ISSUE: WON the DOJ acted with grave abuse of discretion
in not finding probable cause to charge respondents with
copyright infringement and unfair competition.
RATIO DECIDENDI: [YES]
1. The gravamen of copyright infringement is the
unauthorized performance of any acts covered by
Sec. 177 and 189(1) or RA 8293. Hence, any person
who performs any of the acts under Sec. 177 without
obtaining the copyright owner’s prior consent renders
him civilly and criminally liable for copyright
infringement.
2. Evidence is sufficient to support finding of
probable cause.
(1) CD-ROMS containing Microsoft bought from
respondents;
(2) CPUs with pre-installed Microsoft software;
(3) 2, 831 CD-ROMS were seized from respondents;
No basis for the DOJ to rule that Microsoft must await
a prior resolution of the proper court of WON the
Agreement is still binding between the parties.
Microsoft can neither be expected nor compelled to
wait until Beltron decides to sue before Microsoft can
seek remedies.
3. Articles seized are counterfeit per se. They are
counterfeit per se because Microsoft does not and
could not have authorized anyone to produce such CD-
ROMS. The copying of the genuine Microsoft software
to produce these face CD-ROMS and their distribution
are illegal, even if the copier or distributor is a
Microsoft licensee.
Importation and exportation of infringing materials –
subject to the approval of the Secretary of Finance, the
Commissioner of Customs is hereby empowered to make
rules and regulations for preventing the importation or
exportation of infringing articles.
NOTE: The conditions found under RA 10372, for
importation of a copy or work by an individual for his
personal purpose was deleted. Now, one may bring
into the country more than three (3) copies of work,
provided:
(1) They were legally purchased abroad;
(2) Subject to further rules and regulations of
BOC.
Moral Rights – personal rights independent from
economic rights. Being a personal right, it can only be
given to a natural person. The recognition of which is a
recognition that there exists a greater dimension in
copyright aside from pecuniary interest.
NOTE: Moral rights cannot be assigned. As a
result, it may happen that the owner of the
copyright is different from the owner of moral
right.
Scope of moral rights
(1) Right to be attributed – to require that the
authorship be attributed to the author, i.e., that right
that his name be indicated in a prominent way on the
copies; [Term: lasts during the lifetime of the author
and in perpetuity after his death]
(2) To make alterations of his work prior to, or to
withhold it from publication; [Term: coterminous with
economic rights]
(3) Right of integrity against derogatory treatment - to
object to any distortion, mutilation or other
modification of, or other derogation in relation to his
work; [Term: coterminous with economic rights]
(4) Right against false attribution – to restrain the use
of his name with respect to any work not of his own
creation on in distorted version of his work. [Term:
coterminous with economic rights]
Waiver – an author may waive some, but not all, his moral
rights by a written instrument. No waver shall be valid its
effect is to permit another:
(1) To use the name of the author, or the title of his
work, or to make use of his reputation with
respect to any version of his work which, because
of alterations therein, would substantially tend to
injure the literary or artistic reputation of another
author
(2) to use the name of the author with respect to a
work he did not create;
Right of attribution in a collective work
Collective work – one created by two or more natural
persons at the initiative and under the direction of
another, with the understanding that:
(1) It will be disclosed by the latter under his own
name; and
(2) The contributing natural persons will not be
identified.
GR: When an author contributes to a collective work,
his to have his contribution attributed to him is
deemed waived.
XPN: Unless it is expressly reserved.
Right to proceeds in subsequent transfers of copyright
In sale or lease – subsequent to the first disposition by
the author, the author or his heirs shall have an inalienable
right to participate in the gross proceeds of the sale or
lease to the extent of 5%.
NOTE: This right shall exist during the lifetime of
the author and for 50 years after his death.
Performers, producers, and broadcasting
organizations
Definitions:
Performers – actors, singers, musicians, dancers,
and others who perform literary and artistic
works.
Sound recording - fixations of sounds of a
performance
Audiovisual work or fixation – series of related
images which impart the impression of motion,
with or without the accompanying sounds.
Fixation – embodiment of sounds.
Producer of a sound recording – one who has
the responsibility for the first fixation of the
sounds of a performance
Broadcasting – transmission by wireless means
for the public reception of sounds or of images or
representations.
Broadcasting organization - natural or juridical
entity authorized to engage in broadcasting.
Scope – performers enjoy the ff. rights:
1. As regards performance, the right to authorize:
(1) Broadcasting and communication to the public of
their performance;
(2) Fixation of their unfixed performance.
2. Right to authorize direct or indirect reproduction of
their performance.
3. The right to authorize the first public distribution of
the original and copies of their performance.
4. The right of authorizing the commercial rental to the
public of the original and copies of their performances.
5. The right of authorizing the making available to the
public of their performances.
Moral rights of performers – the right to claim to be
identified as the performer of his performance, except
where the omission is dictated by the manner of the use of
the performance.
Term – 50 years after his death, by his heirs, and in
default, the government.
Additional remuneration - in every communication to
the public subsequent to the first, performer shall be
entitled to an additional remuneration equivalent to at
least five percent (5%) of the original compensation he
received for the first.
Scope of right of producers of sound recordings
1. Right to authorize direct or indirect reproduction
of their sound recordings.
2. The right to authorize the first public distribution
of the original and copies of their sound
recordings, through sale or rental.
3. The right to authorize the commercial rental to
the public of the original and copies of their sound
recordings.
4. The right of authorizing the making available to
the public of their sound recordings.
Scope of right of broadcasting organizations
1. Rebroadcasting of their broadcasts;
2. The recording in any manner for the purpose of
communication to the public;
3. The use of such records from fresh transmissions
or for fresh recording.
Term of copyright – protection lasts during the life of the
author, and 50 years after his death.
In case of joint authorship – during the life of the
last surviving author and for 50 years after his
death.
In case of pseudonymous works – 50 years from
the date on which the work was first lawfully
published.
In case of works of applied art – 25 years from
the date of making.
In case of photographic works – 50 years from
the publication of work; if unpublished, 50 years
from the making.
In case of audiovisual works – 50 years from the
date of publication; if unpublished, from the date
of making.
 In case of performers, producers, and
broadcasting organizations
1. Unincorporated performances – 50 years
from the end of the year in which the
performance took place;
2. Incorporated sound recordings – 50 years
from the end of the year in which the
sound recording took place.
Calculation of term – runs from the date of his death or of
publication, but such term shall always be deemed to begin
on the first day of January.
REMEDIES AGAINST INFRINGMENT
Infringement takes place when one:
1. Directly commits an infringement;
2. Benefits from the infringing activity, if the person
benefiting was given notice.
3. Without knowledge of the activity, induces,
causes, or materially contributes to the infringing
conduct of another.
Remedies
1. Injunction restraining such infringement.
2. Payment to the copyright proprietor or his assigns or
heirs actual damages, including legal costs and other
expenses.
3. Delivery, under oath, for impounding during the
pendency of the action.
4. Delivery, under oath, for destruction without any
compensation.
5. Such other terms and conditions, including the
payment of moral ad exemplary damages.
Alternative: Statutory damages – the copyright owner
may elect at any time before final judgment instead of
actual damages and profits, an award of final damages in
the amount of P50, 000.00
Presumptions
1. Copyright shall be presumed to subsist in the
work if the defendant does not put in issue the
question whether copyright subsists in the work;
2. The copyright is established, the plaintiff shall be
presumed to be the owner of the copyright if he
claims to be the owner.
NOTE: If defendant, without good faith, puts in issue
the question of subsistence of copyright, thereby
occasioning unnecessary costs or delay, the costs shall
be paid by him to such other parties.
Presumption of authorship – the natural person whose
name is indicated on a work in the usual manner as the
author shall, in the absence of proof to the contrary, be
presumed to be the author of the work.
Prescription – four (4) years from the time the cause of
action arose.
Deposit and notice - two complete copies and
reproduction work shall be registered and deposited in the
National Library and the Supreme Court Library, within
three (3) weeks, by personal delivery or by mail. A
Certificate of Deposit shall then be issued
NOTE: The registration and deposit is purely for
recording the date of registration and deposit of
the work, and shall not be conclusive as to
copyright ownership or the term of the copyrights.
MANLY SPORTSWEAR V. HERMES SPORTS CENTER
GR No. 165306
September 20, 2005
FACTS: Search warrants were served against Daddote and
Hermes Sports Center allegedly for possession of goods,
the copyright of which belonged to MANLY. MANLY argued
that the goods were ordinary and common hence, ot
among the classes of work protected. The trial court
declared the search warrant null and void based on the
findings that the products of MANLY do not appear to be
original creations and were being manufactured locally
and abroad.
ISSUE: WON the copyright registration in favor of MANLY
can sustain the action against the respondents.
RATIO DECIDENDI:
1. No copyright accrues in favor of MANLY despite
issuance of the certificate. The copyright certificate
is merely a prima facie evidence of validity of
ownership. Hence, where sufficient proof that the
copyrighted products are not original creations but
are readily available in the market under various
brands, validity and originality will not be presumed.
2. The certificate of registration and deposit serve
merely as a notice of recording and registration of
the work, but do not confer any right or title upon the
registered copyright owner or automatically put his
work under the protective mantle of the copyright law.
It is not conclusive proof of copyright ownership.
TEN FAST LAWS
1. Copyright is confined to literary and artistic works
which are original intellectual creations in the
literary and protected from the moment of
creation.
2. Ideas, concepts, principles and discoveries and the
likes are not subject to copyright.
3. News of the day is not subject to copyright.
4. Official government texts are not subject to
copyright.
5. In case of a commission work, the person who
commissioned the work shall have ownership of
the work, but the copyright thereto shall remain
with the creator, unless the contrary has been
agreed upon.
6. Copyright is distinct from material object, such
that the assignment of copyright does not
necessarily mean assignment of the material
object, and vice versa.
7. Among other limitations, recitation or
performance of a work, once it has been lawfully
made accessible to the public, if done privately
and free of charge or if made strictly for a
charitable or religious institution or society will
not subject the performer to liability.
8. Fair use will exempt liability from copyright
infringement.
9. The author enjoys not just economic rights but
also moral rights of the work.
10. The author has an inalienable right to participate
in the gross proceeds of the sal or least to the
extent of five percent (5%) over the original work
during his lifetime and 50 years after his/her
death.