Term of Protection

 What is the duration of protection for copyright?

Type of Work Duration
Literary, Artistic, and During the life of the author plus 50 years after his death (Sec.213.1,
Derivative works IPC)
Joint Authorship Lifetime of the last surviving co-creator plus 50 years after his death
(Sec. 213.2, IPC)
Anonymous or 50 years from the date the work was lawfully published (Sec. 213.3,
Pseudonyms works first sentence, IPC)

If the author will be known or revealed before the end of 50-year

period of protection, provision under Sec.213.1 shall apply. (Sec.
213.3, second sentence, IPC)

In case of unpublished work, it shall be protected 50 years counted

from the making of the work. (Sec. 213.3, last sentence, IPC)
Works of Applied Art 25 years from the date of making (Sec. 213.4)
Photographic works Published: 50 years from the publication

Unpublished: 50 years from the creation

(Sec. 213.5, IPC)
Audio-visual works Published: 50 years from publication

Unpublished: 50 years from the creation

(Sec. 213.6, IPC)
Performances not 50 years from the end of the year in which the performance took
incorporated in place (Sec. 215.(a), IPC)
recordings
Sound or image and 50 years from the end of the year in which the recording took place
sound recordings and (Sec. 215.(b), IPC)
for performances
incorporated therein
Broadcasts 20 years from the date the broadcast took place (Sec. 215.(c), IPC)

SEC. 214, IPC. Calculation of term. The term of protection following the death of the author
shall run from the date of his death or of publication, but such terms shall always be deemed to
begin on the first day of January of the year following the event which give rise to them.

Copyright Infringement
 What is copyright infringement?
Copyright infringement is a trespass to a private domain owned and occupied by the
owner, and therefore, protected by law.
  Kind of infringement:
Direct infringement – when a person directly commits an infringement
Indirect infringement – dealings with direct infringements; benefitting from a direct
infringement is an example of indirect infringement.

Example:
Direct: Anna is fond of reading electronic books at an e-book application, called E-book,
however, stories are costly to unlock. The application she uses allows the readers to
generate income if they submit or write their own story in the platform. She joined a
Facebook group where aspiring published-authors are building their image by posting
their stories so readers can read for free. Anna copied the stories and uploaded them in E-
book so as she can generate the money, without the consent of the original authors, lest
putting credits to it. Anna owned the stories she did not originally write and reposted it
somewhere else.
Indirect: In the above examples, assuming that Anna has a friend who aspires to be an
author too. her friend asked if she can use the stories she uploaded in E-book as her first
published story in Twitter despite knowing that the stories are subject to copyright
infringement.

 De Minimis Principle - De minimis means minimal things, small and trivial. Certain acts
would be considered too minimal to be considered acts of infringement (FUNA,
Intellectual Property Law, supra at 684)

 If the way a work was infringed is so minimal as to effect, the court cannot be
bothered to interfere, however, de minimis principle is not an opportunity for a
defendant to be excused in doing infringement.
*An example case is the Bell v. Wilmott Storage Services, LLC., No. 19-56181 D.C. No. 2:18-cv-07328- CBM-
MRW, September 9, 2021.

 Remedies against Copyright Infringement (IDIDOS)

 Injunctive Relief - restraining such infringement. (Sec. 216.1 (a), IPC). The
plaintiff is entitled to an injunction against any or all third persons in respect of its
copyright under normal conditions. (Zuneca Pharmaceutical et al vs.
NATRAPHARM, INC., G.R. No. 197802. November 11, 2015)

 Damages - pay the copyright proprietor or assigns or heirs such actual damages
including legal costs and other expenses. (Sec. 216.1 (b), IPC) Based on the
foregoing, the owner of a registered mark may recover damages from the
infringer either: (1) the reasonable profit which the complaining party would have
made, had the defendant not infringed his rights, or (2) the profit which the
defendant actually made out of the infringement, or (3) in the event such measure
 of damages cannot be readily ascertained with reasonable certainty, the court may
award as damages a reasonable percentage based upon the amount of gross sales
or the value of the services in connection with the infringement.388 Nevertheless,
it must be emphasized that the award of damages is subject to the discretion and
findings of the court. (Tanduay Distillers, Inc., vs. Ginebra San Miguel Inc., G.R.
No. 210224, August 15, 2003)

 Impounding - during the pendency of the action, upon such terms and conditions
as the court may prescribe, sales invoices and other documents evidencing sales,
all articles and their packaging alleged to infringe a copyright and implements for
making them. (Sec. 216.1 (c), IPC)

 Destruction - deliver under oath for destruction without any compensation all
infringing copies or devices, as well as all plates, molds, or other means for
making such infringing copies as the court may order. (Sec. 216.1 (d), IPC)

 Other terms and conditions - this includes payment of other moral and
exemplary damages, which the court may deem proper, wise and equitable and
the destruction of infringing copies of the work even in the event of acquittal in a
criminal case. (Sec. 216.1 (e), IPC)

 Seizure - alongside with impounding, the court has the power to order these
actions to any of articles which may serve as evidence in the court proceedings.
(Sec. 216.1 (f), IPC)

 Criminal Penalties (Sec. 217, IPC)

1. Imprisonment of between 1 to 3 years and a fine of between 50,000 to 150,000 pesos for
the first offense. (Sec. 217.1 (a) IPC)
2. Imprisonment of 3 years and 1 day to six years plus a fine of between 150,000 to 500,000
pesos for the second offense. (Sec. 217.1 (b) IPC)
3. Imprisonment of 6 years and 1 day to 9 years plus a fine ranging from 500,000 to
1,500,000 pesos for the third and subsequent offenses. (Sec. 217.1 (c) IPC)
4. In all cases, subsidiary imprisonment in cases of insolvency.

The court shall consider the value of the infringing materials that the defendant has
produced or manufactured and the damage that the copyright owner has suffered by
reason of the infringement when deciding for the years of imprisonment and fine to be
paid. (Sec. 217.2, IPC
  Affidavit Evidence (Sec. 218.1, IPC)
- an affidavit made before a notary public by or on behalf of the owner of the
copyright in any work or other subject matter and stating that:
a) At the time specified therein, copyright subsisted in the work or other subject
matter;
b) He or the person named therein is the owner of the copyright; and
c) The copy of the work or other subject matter annexed thereto is a true copy
thereof, shall be admitted in evidence in any proceedings for an offense under this
Chapter and shall be prima facie proof of the matters therein stated until the
contrary is proved, and the court before which such affidavit is produced shall
assume that the affidavit was made by or on behalf of the owner of the copyright.

Presumptions in actions against copyright infringement: (Sec. 218.2, IPC)

(a) Copyright shall be presumed to subsist in the work or other subject matter
to which the action relates if the defendant does not put in issue the
question whether copyright subsists in the work or other subject matter;
and

(b) Where the subsistence of the copyright is established, the plaintiff shall be
presumed to be the owner of the copyright if he claims to be the owner of
the copyright and the defendant does not put in issue the question of his
ownership.

(c) Where the defendant, without good faith, puts in issue the questions of
whether copyright subsists in a work or other subject matter to which the
action relates, or the ownership of copyright in such work or subject
matter, thereby occasioning unnecessary costs or delay in the proceedings,
the court may direct that any costs to the defendant in respect of the action
shall not be allowed by him and that any costs occasioned by the
defendant to other parties 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. This provision shall be applicable even if the name is a pseudonym, where the
pseudonym leaves no doubt as to the identity of the author. (Sec. 219.1, IPC)

 The person or body corporate whose name appears on an audio-visual work in the
usual manner shall, in the absence of proof to the contrary, be presumed to be the
maker of said work. (Sec. 219.2, IPC)
International Registration of Works (Sec. 220, IPC)

 A statement concerning a work, recorded in an international register in accordance with

an international treaty to which the Philippines is or may become a party, shall be
construed as true until the contrary is proved.

Exceptions:

a. Where the statement cannot be valid under this Act or any other law concerning
intellectual property.
b. Where the statement is contradicted by another statement recorded in the
international register.

Scope of Application for the Protection of Copyrightable works shall apply to:

Points of Attachment Applied to

for

Works under Sec. 172 (a) Works of authors who are nationals of, or have their habitual
and 173: Literary and residence in, the Philippines;
Derivative Works (Sec. (b) Audio-visual works the producer of which has his headquarters
221, IPC) or habitual residence in the Philippines;
(c) Works of architecture erected in the Philippines or other artistic
works incorporated in a building or other structure located in the
Philippines;
(d) Works first published in the Philippines; and
(e) Works first published in another country but also published in
the Philippines within thirty days, irrespective of the nationality or
residence of the authors.

Performers (Sec. 222,  Performers who are nationals of the Philippines;

IPC)  Performers who are not nationals of the Philippines but
whose performances:
(a) Take place in the Philippines; or
(b) Are incorporated in sound recordings that are protected under
this Act; or
(c) Which has not been fixed in sound recording but is carried by
broadcast qualifying for protection under this Act.
 Sound Recordings (Sec.  Sound recordings the producers of which are nationals of the
223, IPC) Philippines; and
 Sound recordings that were first published in the
Philippines.

Broadcasts (Sec. 224, (a) Broadcasts of broadcasting organizations the headquarters of

IPC) which are situated in the Philippines; and
(b) Broadcasts transmitted from transmitters situated in the
Philippines.
The provisions of this Act shall also apply to performers who, and to
producers of sound recordings and broadcasting organizations which
are to be protected by virtue of and in accordance with any
international convention or other international agreement to which
the Philippines is a party.

Jurisdiction (Sec. 225, IPC)

 Without prejudice to the provisions of Subsection 7.1(c), actions under this Act shall be
cognizable by the courts with appropriate jurisdiction under existing law. (Sec. 57, P.D.
No. 49a)

Prescription of Action for Damages (Sec. 226, IPC)

 No damages may be recovered under this Act after four (4) years from the time the cause
of action arose. (Sec. 58, P.D. No. 49)

Miscellaneous Provisions: (Chapter XX, IPC)

 All copies deposited and instruments in writing filed with the National Library and the
Supreme Court Library in accordance with the provisions of this Act shall become the
property of the Government. (Sec. 60, P.D. No. 49)

 The section or division of the National Library and the Supreme Court Library charged
with receiving copies and instruments deposited and with keeping records required
under this Act and everything in it shall be opened to public inspection. The Director of
the National Library is empowered to issue such safeguards and regulations as may be
necessary to implement this Section and other provisions of this Act. (Sec. 61, P.D. No.
49)

 The Copyright Section of the National Library shall be classified as a Division upon the
effectiveness of this Act. The National Library shall have the power to collect, for the
discharge of its services under this Act, such fees as may be promulgated by it from time
to time subject to the approval of the Department Head. (Sec. 62, P.D. 49a)
References:
https://www.officialgazette.gov.ph/1997/06/06/republic-act-no-8293/
https://lawphil.net/statutes/presdecs/pd1972/pd_49_1972.html
http://www.federislaw.com.ph/faqs-resources/copyright/#:~:text=What%20is%20the
%20duration%20of,also%20applies%20to%20posthumous%20works.
https://www.lgt-law.com/blog/2021/11/a-de-minimis-doctrine-is-no-defense-for-
copyright-infringement-of-photographs/#:~:text=The%20role%20of%20the
%20%E2%80%9Cde%20minimis%20doctrine%E2%80%9D%20in%20copyright
%20law&text=Courts%20must%20determine%20if%20two,such%20that
%20infringement%20has%20occurred.
https://cdn.ca9.uscourts.gov/datastore/opinions/2021/09/09/19-55882.pdf
https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/61409
https://lawphil.net/judjuris/juri2022/aug2022/pdf/gr_196372_2022.pdf