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COPYRIGHT INFRINGEMENT

Atty. Ava Beatrice Jackqueline C. Talag


What is a Copyright?
Copyright is a collection of
all rights enjoyed by the
creator and/or an author of
an artistic or literary work.

Atty. Ava Beatrice Jackqueline C. Talag Copyright Infringement


What are considered copyrightable
works in the Philippines?
Under Philippine law, original intellectual creations in the
literary and artistic domain are copyrightable.
These include books, pamphlets, articles and other
writings; periodicals and newspapers; lectures, sermons,
addresses, dissertations prepared for oral delivery;
letters; dramatic or dramatic-musical compositions;
choreographic works or entertainment in dumb shows;
musical compositions; drawing, painting, architecture,
sculpture, engraving, lithography; models or designs for
works of art;

Atty. Ava Beatrice Jackqueline C. Talag Copyright Infringement


original ornamental designs or models for articles of
manufacture; illustrations, maps, plans, sketches, charts and
three-dimensional works relative to geography,
topography, architecture or science; drawings or plastic
works of a scientific or technical character; photographic
works including works produced by a process analogous to
photography; lantern slides; audiovisual works and
cinematographic works and works produced by a process
analogous to cinematography or any process for making
audio-visual recordings; pictorial illustrations and
advertisements and computer programs.

Atty. Ava Beatrice Jackqueline C. Talag Copyright Infringement


Derivative works are also protected as new works,
provided that it does not affect the existing copyright on
original works. Derivative works may include:
dramatizations, translations, adaptations, abridgements,
arrangements, and other alterations of literary music
work; 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.

Atty. Ava Beatrice Jackqueline C. Talag Copyright Infringement


What works are not protected
by copyright under Philippine
law?
Copyright protection does not cover:

1) Idea, procedure, system method or operation, concept,


principle, discovery of mere data as such, even if they are
expressed, explained, illustrated or embodied in a work;

2) News of the day and other miscellaneous facts having


the character of mere items of press information;

Atty. Ava Beatrice Jackqueline C. Talag Copyright Infringement


3) Official text of a legislative, administrative or legal
nature, as well as any official translation thereof;

4) Work of the Philippine Government, unless there was a


prior approval by the appropriate government agency; and

5) Statutes, rules and regulations, and speeches, lectures,


sermons, addresses, and dissertations, pronounced, read or
rendered in courts of justice, before administrative
agencies, in deliberative assemblies and in meetings of
public character.

Atty. Ava Beatrice Jackqueline C. Talag Copyright Infringement


Is a copyright registration
necessary to protect artistic or
literary works?
No, copyrightable works are
protected from the moment of
their creation.

Atty. Ava Beatrice Jackqueline C. Talag Copyright Infringement


Who can apply for a
copyright registration?

The owner of the work or


his/her assignees or successors
in interest has the right to apply
for a copyright registration.

Atty. Ava Beatrice Jackqueline C. Talag Copyright Infringement


Who are considered owners
of the copyrightable works?
The owners of original literary and artistic works are:

1) The author of the work;

2) The employer if the work is the result of the


performance of regular assigned duties of the employee,
unless otherwise agreed upon. However, the employee
owns the copyright if the work is not part of his regular
duties, even if he uses the time, facilities and materials of
the employer;
Atty. Ava Beatrice Jackqueline C. Talag Copyright Infringement
3) If the work was commissioned, the one who
commissioned the work jointly owns the copyright
along with the author, unless otherwise agreed upon;

4) In the case of audio-visual work, the copyright


belongs to the producer, the author of the scenario, the
music composer, the film director, and the author of the
work adapted.
However, unless otherwise agreed upon among the
creators, the producer has the right to exercise
copyright to the extent required for the exhibition of
the work in any manner,
Atty. Ava Beatrice Jackqueline C. Talag Copyright Infringement
Except for the right to collect license
fees for the performance of musical
compositions, with or without words,
which are incorporated into the work.

5) With respect to letters, the


copyright belongs to the writer subject
to Article 723 of the Civil Code.

Atty. Ava Beatrice Jackqueline C. Talag Copyright Infringement


Can the author or creator
waive or transfer
copyright?
The author or creator of any work can
waive or transfer his/her work in favor
of a corporation or another individual.

Atty. Ava Beatrice Jackqueline C. Talag Copyright Infringement


What is the duration of
copyright protection?
In the Philippines, copyright protection for
artistic, literary and derivative works lasts for the
life of the author plus 50 years after the author’s
death. This term of protection also applies to
posthumous works. In the case of joint
authorship, the economic rights shall be protected
during the life of the last surviving author plus 50
years after such author’s death.

Atty. Ava Beatrice Jackqueline C. Talag Copyright Infringement


What is the duration or term of
protection for works with
anonymous owner/creator?

In case of anonymous or pseudonymous works, copyright


protection shall last for 50 years from the date on which
the work was first lawfully published.
If the work was not published, it shall be protected for 50
years counted from the creation of the work.

Atty. Ava Beatrice Jackqueline C. Talag Copyright Infringement


What is the duration or term
protection for works of applied
art?

Works of applied art shall be


protected for 25 years from the
date of its creation.

Atty. Ava Beatrice Jackqueline C. Talag Copyright Infringement


What is the duration or term of
protection for audio-visual works?

Audio-visual works shall be protected


for 50 years from the date of
publication. If it is unpublished, it is
protected for 50 years from the date of
creation.

Atty. Ava Beatrice Jackqueline C. Talag Copyright Infringement


What is the duration or term of
protection for performers and
producers of sound recordings?
Performances not incorporated in
recordings shall be protected for 50 years
from the end of the year in which the
performance took place. Sound or image and
sound recordings and performances
incorporated therein shall be protected for
50 years from the end of the year in which
the recording took place.
Atty. Ava Beatrice Jackqueline C. Talag Copyright Infringement
What is the duration or term of
protection for broadcasts?

Broadcasts shall be protected


for 20 years from the date the
broadcast took place.

Atty. Ava Beatrice Jackqueline C. Talag Copyright Infringement


What are the rights conferred to the
author of a work?

The author of a work has copy or


economic rights, as well as moral
rights over the work.

Atty. Ava Beatrice Jackqueline C. Talag Copyright Infringement


The author has the exclusive right to carry
out, authorize or prevent the:
1) Reproduction of the work or substantial
portion of the work;
2) Dramatization, translation, adaptation,
abridgment, arrangement or other
transformation of the work;
3) The first public distribution of the
original and each copy of the work by sale
or other forms of transfer of ownership;

Atty. Ava Beatrice Jackqueline C. Talag Copyright Infringement


4) Rental of the original or a copy of an
audio-visual or cinematographic work, a
work embodied in a sound recording, a
computer program, a compilation of data and
other materials or a musical work in graphic
form, irrespective of the ownership of the
original or the copy which is the subject of
the rental;

5) Public display of the original or a copy of


the work;

Atty. Ava Beatrice Jackqueline C. Talag Copyright Infringement


6) Public performance of the work;
and

7) Other communication to the public


of the work.

Atty. Ava Beatrice Jackqueline C. Talag Copyright Infringement


Moral rights confer the following on the author
of a work:
1) To require that the authorship of the works be
attributed to him, in particular; the right that his
name, as far as practicable, be indicated in a
prominent way on the copies, and in connection
with the public use of his work;

2) To make any alterations of his work prior to, or


to withhold it from publication;

Atty. Ava Beatrice Jackqueline C. Talag Copyright Infringement


3) To object to any distortion, mutilation or
other modification of, or other derogatory
action in relation to, his work which would
be prejudicial to his honor or reputation;
and

4) To restrain the use of his name with


respect to any work not of his own
creation or in a distorted version of his
work.
Atty. Ava Beatrice Jackqueline C. Talag Copyright Infringement
Can a copyright be
transferred or assigned?

Yes. Copyright can be assigned


in whole or in part.

Atty. Ava Beatrice Jackqueline C. Talag Copyright Infringement


Is the sale of an original work, for example a
painting, equivalent to the transfer of the
copyright therein?

No. The copyright is distinct from the object


or property subject to it. Consequently, the
transfer or assignment of the copyright does
not necessarily constitute a transfer of the
object. Nor shall a transfer or assignment of
the copy or several copies of the work imply
a transfer or assignment of the copyright.

Atty. Ava Beatrice Jackqueline C. Talag Copyright Infringement


What is the extent of authority granted
to the publisher of newspapers,
periodicals or magazines when a work
is submitted for publication?

The authority constitutes only a license to make a single


publication unless expressly stated otherwise. If the
copyright is owned by more than1 person, neither of the
owners shall be entitled to grant a license without the prior
written consent of the other owner or owners.

Atty. Ava Beatrice Jackqueline C. Talag Copyright Infringement


What is the extent of copyright
protection in works of
architecture?
Copyright in a work of architecture includes the right to
control the erection of any building, which reproduces the
whole or substantial part of the work either in its original
form or in any form recognizably derived from the original.
It shall not include the right to control the reconstruction or
rehabilitation in the same style as the original of the
building to which the copyright relates.

Atty. Ava Beatrice Jackqueline C. Talag Copyright Infringement


Can a computer program be
reproduced without violating the
author’s copyright?

Yes, in cases of fair use. Decompilation, which is the


reproduction of the code and translation of the forms of
the computer program to achieve the inter-operability of
an independently created computer program with other
programs constitute fair use and is allowed.

Atty. Ava Beatrice Jackqueline C. Talag Copyright Infringement


Reproduction in one (1) back-up copy or
adaptation of a computer program or adaptation
of a computer program is permitted, without the
authorization of the author or owner of the
copyright, provided that the copy or adaptation is
necessary for:

(a) the use of the computer program in


conjunction with a computer for the purpose, and
to the extent, for which the computer program has
been obtained; and

Atty. Ava Beatrice Jackqueline C. Talag Copyright Infringement


(b) archival purposes and for the replacement of
the lawfully owned copy of the computer program
in the event that the lawfully obtained copy of the
computer program is lost, destroyed or rendered
unusable.

Atty. Ava Beatrice Jackqueline C. Talag Copyright Infringement


Other than the Intellectual Property Code of
the Philippines, is there any special law that
ensures the protection to copyright owners
of audio-visual works?

Yes, the Optical Media Act of 2003. This Act


regulates the manufacture, mastering, replication,
importation and exportation of optical media in
which information, including sounds and/or
images, or software code, has been stored, either
by mastering and/or replication.

Atty. Ava Beatrice Jackqueline C. Talag Copyright Infringement


Under the Optical Media Act, any person, establishment or
entity shall, prior to engaging in one or more of the
following business or activities, register with and secure
the appropriate licenses from the Optical Media Board
(OMB):

1) Importation, exportation, acquisition, sale or


distribution of optical media, manufacturing equipment,
parts and accessories and manufacturing materials used or
intended for use in the mastering, manufacture or
replication of optical media;

Atty. Ava Beatrice Jackqueline C. Talag Copyright Infringement


2) Possession or operation of manufacturing
equipment, parts and accessories, or the possession
acquisition, sale or use of manufacturing materials
for the mastering, manufacture or replication of
optical media; and

3) The mastering, manufacture, replication,


importation or exportation of optical media.

Atty. Ava Beatrice Jackqueline C. Talag Copyright Infringement


The Optical Media Act also requires that
Source Identification (SID) Codes,
prescribed by the OMB to, be applied to
each and every optical media mastered,
manufactured or replicated including glass
masters, stampers or other parts used for
the manufacture of optical discs.

Atty. Ava Beatrice Jackqueline C. Talag Copyright Infringement


What is “fair use”?
The fair use of a copyrighted work for criticism, comment,
news, reporting, teaching including multiple copies for
classroom use, scholarship, research and similar purposes
is not an infringement of copyright.

Decompilation, which is the reproduction of the code and


translation of the forms of the computer programs to
achieve the inter-operability of an independently created
computer program with other programs, may also
constitute fair use.

Atty. Ava Beatrice Jackqueline C. Talag Copyright Infringement


To determine whether use of a work constitutes
fair use, the following factors are considered:
1) The purpose and character of the use, including
whether such use is of a commercial nature or is
for non-profit educational purposes;
2) The nature of the copyrighted work;
3) The amount and substantiality of the portion
used in relation to the copyrighted work as a
whole; and
4) The effect of the use upon the potential market
for or value of the copyrighted work.

Atty. Ava Beatrice Jackqueline C. Talag Copyright Infringement


What constitutes copyright
infringement in the Philippines?

Under Philippine law, copyright


infringement occurs when there is a
violation of any of the exclusive economic
or moral rights granted to the copyright
owner.

Atty. Ava Beatrice Jackqueline C. Talag Copyright Infringement


What are the remedies available to an
owner of a copyright against an
infringer?

The copyright owner can file a criminal, civil or


administrative action for copyright infringement. A
criminal case for copyright infringement must be filed in
the court situated in the place where the violation
occurred.

Atty. Ava Beatrice Jackqueline C. Talag Copyright Infringement


The administrative suit is filed at the
Bureau of Legal Affairs at the Intellectual
Property Office of the Philippines. A civil
infringement lawsuit is filed in the
appropriate court located at the place where
the defendant resides/is located, or where
the plaintiff resides/is located, at the option
of the plaintiff.

Atty. Ava Beatrice Jackqueline C. Talag Copyright Infringement


What are the penalties provided by
Philippine law for copyright
infringement?
Under Philippine law, copyright infringement is punishable
by the following:

Imprisonment of between 1 to 3 years and a fine of


between 50,000 to 150,000 pesos for the first offense.

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.

Atty. Ava Beatrice Jackqueline C. Talag Copyright Infringement


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.

The offending party may also be ordered to pay civil


damages.

Injunction and destruction of the infringing goods or


products can also be obtained.

Atty. Ava Beatrice Jackqueline C. Talag Copyright Infringement