Intellectual Property

EXTENT OF COPYRIGHT PROTECTION: ORIGINAL WORKS

Section 173. Literary and Artistic Works are original intellectual creations in the literary and artistic domain
protected from the moment of their creation...
Examples:
Section 172. Literary and Artistic Works shall include:
a. books, pamphlets, articles and other writings;
b. periodicals and newspapers;
c. lectures, sermons, addresses, dissertations prepared for oral delivery, whether or not reduced in writing or
other material form
d. letters'
e. dramatic or dramatico-musical compositions; choreographic works or entertainment in dumb shows;
f. musical compositions, with or without words;
g. photographic works including produced process analogous to photography; lantern slides
h. audiovisual works and cinematographic works and works produced by a process analogous to
cinematography and any process for making audio-visual recordings;
i. computer programs; and
j. other literary scholarly, scientific and artistic works.

Is registration required? No, because they are protected from the moment of their creation.

Review: Acquisition of Copyright

-No formalities required ( Automatic Protection), but it must be original and it must be an artistic or literary
work:
a. Original
-personal involvement or creativity: authorship
-"a modicum level of creativity"
b. Artistic or literary work = expression
-vs. functional or technical work (not artistic)

Automatic Protection: "From the moment of Creation"

a. Registration: No.
b. Deposit: Yes but not for the purpose of coyright protection but for administrative matters
c. (c) : for claim of damages, it does not affect the right on ownership
d. fixed or expressed:

Proof of ownership
-Sec 218. Affidavit Evidence

Unprotected Subject Matter

Section 175. Unprotected Subject Matter. - Notwithstanding the provisions of Sections 172 and 173, no
protection shall extend, under this law,
-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
-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.
"You can protect the expression but not the idea behind the expression." (Expression-Idea Dichotomy)
Derivative Works
Section 173. The following derivative works shall also be protected by copyright:
a. dramatization, translations, adaptations, abridgements, arrangements, and other alterations of literary or
artistic works; and
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
Section 173.2. The works referred to in paragraphs (a) and (b) 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
employed or any part thereof, or be construed to imply any right to such use of the original works, or to secure
or extend copyright in such original works.

Copyright or Economic Rights

1. Reproduction of the work or substantial portion of the work;
2. Dramatization, translation, adaptation, abridgement, arrangement;
3. The first public distribution of the original and each copy of the work:
4. Rental of an audiovisual or cinematographic work, a work embodies in a sound recording, a computer
program, a compilation of data and other materials or a musical work in graphic work;
5. Public display of the original or a copy of the work;
6. Public performance of the work; and
7. Other communication to the public of the work. (Sec. 177)

Duration of Economic Rights

-Literary and Artistic Works, Derivative Works : Life of the author + 50 years after his death
-Joint Authorship : Life of the last surviving author + 50 years
-Anonymous/ Pseudonymous Works : 50 years from date it is first published; if before the expiration of period,
identity is revealed or no longer in doubt, the rule on Literary and Joint Authorship applies
-Works of Applied Art : 25 years from date of making
-Photographic Works, Audiovisual works : If published - 50 years from publication; Unpublished - 50 years from
making
-Performances not incorporated in recordings : 50 years from end of the year in which performance took place
-Sound recordings and performances incorporated therein : 50 years from end of the year in which recording
took place

Moral Rights
- allows the author to take certain actions to preserve the personal link between himself and the work.
1. Right of Attribution (Paternity Right)
2. Alteration and Non-Publication Right
3. Right to Preservation of Integrity
4. Right against False Attribution

Duration of Moral Rights

-"during the lifetime of the author and in perpetuity after his death" - Paternity/Right of Attribution
-coterminous with economic rights - Alteration and Non-Publication Right; Right to Preservation of Integrity;
and Right against False Attribution

Expiration of Copyright - transfers to the public domain

Copyright Infringement:
Elements:
-Ownership of a valid copyright
-Proof of Ownership: Sec 218 - Affidavit Evidence
-Exercise of any of the exclusive economic rights in Section 177
-without consent of the copyright owner
UNLESS: FAIR USE

COPYRIGHT AND PUBLIC DOMAIN [EXCEPTIONS]

Works not Protected:
a. Duration of Copyright
(Is is expired or not? If yes, no copyright infringement)
b. Unprotected Subject Matter
-ideas,procedure,system,method of operation,concept,principle,discovery and mere date
-news of the day and mere items of press information
-even if they are expressed, explained, illustrated or embodied in a work
-official text (and official translations thereof) of a legislative, administrative or legal nature (Sec. 175)
0works of the Governement (Sec 176)

[LIMITATIONS]
-FAIR USE EXCEPTION-fair use for criticism, comment, news reporting, teaching, including limited number of
copies for classroom use, scholarship, research and similar purposes. (Sec. 185)
FACTORS TO BE CONSIDERED IN DETERMINING FAIR USE (Sec. 185)
1. Purpose and character of the use
2. Nature of the copyrighted work
3. Amount and substantiality of the portion used in relation to the copyrighted work as a whole; &
4. Effect of the use upon the potential market for or value of the copyrighted work.

Who is liable for infringement?

-one who DIRECTLY commits and infringement
-one who 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
-one WITH KNOWLEDGE of infringing activity, induces, causes or materially contribues to the infringing
conduct of another

ABS-CBN v. Gozon, 2015

First Issue: Is a fact copyrightable?
-"Section 175. Unprotected Subject Matter. - Notwithstanding the provisions of Sections 172 and 173, no
protection shall extend, under this law, to any idea, proceudre, 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."

Is the video footage subject of copyright?

-Yes. The video footage is an expression of the news.
"News or the event itself is not copyrightable. However, an event can be captured and presented in a specific
medium. As recognized by this court in Joaquin, television "involves a whole spectrum of visuals and effects,
video and audio." News covergage in television involving framing shots, using images, graphics, and sound
effects. It involves creative process and originality. Television news footage is an expression of the news.
" The idea/expression dichotomy is a complex matter if one is trying to determine whether a certain material is
a copy of another. This dichotomy would be more relevant in determining, for instance, whether a stage play
was an infringement of an author's book involving the same characters and setting. In this case, however,
respondents admitted that the material under review-which is the subject of the controversy-is an exact copy of
the original. Respondents did not subject ABS-CBN's footage to any editing of their own. The news footage did
not undergo any transformation where there is a need to track elements of the original."

Second issue: Is good faith (lack of knowledge of OR intent to infringement), availbale as a defense in
copyright infringement cases?
-No. "Habana and Columbia Pictures did not require knowledge of the infringement to constitute a violation of
the copyright. One does not need to know that he or she is cpoying a work without consent to violate the law."
"Volition or intent to commot the act, is different from criminal intent. Volition or voluntariness refers to
knowledge of the act being done. On the other hand, criminal intent-which is different from motive, or the
moving power for the commission of the crime - refers to the state of mind beyond voluntariness. It is this intent
that is being punished by crimes mala in se."
" The IPC requries strict liability for copyright infringement whether for a civil action or a criminal prosecution; it
does not require mens rea or culpa."
Last Issue: May corporate directors/officers as such be held liable for copyright infringement?
-No. Corporate directors are liable for copyright infringement only if they actively participated in its commission.
Mere membership in the Board or being President per se does not mean knowledge, approval, and
participation in the act alleged as criminal. Tere must be a showing of active participation, not simply a
constructive one.