CAYAO, Cris CO, Cle GO, Aldrich MARTINEZ, Alex ONG, Carla SADIAN, Daisy

172.1 Literary and artistic works, hereinafter referred to as "works", are original intellectual creations in the literary and artistic domain protected from the moment of their creation and shall include in particular: (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) Works of drawing, painting, architecture, sculpture, engraving, lithography or other works of art; models or designs for works of art; (h) Illustrations, maps, plans, sketches, charts and three-dimensional works relative to geography, topography, architecture or science;

(i) Original ornamental designs or models for articles of manufacture, whether or not registrable as an industrial design, and other works of applied art; (j) Drawings or plastic works of a scientific or technical character; (k) Photographic works including works produced by a process analogous to photography; lantern slides; (l) Audiovisual works and cinematographic works and works produced by a process analogous to cinematography or any process for making audiovisual recordings; (m) Pictorial illustrations and advertisements; (n) Computer programs; and (o) Other literary, scholarly, scientific and artistic works. 172.2 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.

y Rules for Copyright Protection: y Must be an original work; cannot be attributed to another person or

an existing work. **If work was taken from another, permission and acknowledgement must be secured. **If only part of the work is taken, the new work in itself has become an original, using only the component that which has been taken from another.
y Musical Compositions which may be accompanying music to TVC s, RC s:

should not come from an existing soundtrack. **If originating from an already-popular music: permission from FILSCAP (Filipino Society of Composers, Authors and Publishers) must be sought as it is the organization which handles the copyright for and in behalf of its members.

Facts: Dallier alleges that Levi's and FCB, Levi's advertising agency, infringed her copyright by copying a number of advertising storyboards--which she submitted to Levi's during a teaser campaign soliciting advertising ideas for Levi's 501 Button-Fly Jeans--for a subsequent Levi's "Jeans For Women" advertising campaign. Ruling: A successful copyright infringement claim must show "ownership of the copyright by the plaintiff and copying by the defendant." If there is no direct evidence of copying, a plaintiff may prove a prima facie case of copying by showing that the defendant had access to the copyrighted material and the defendant's product is substantially similar to the copyrighted material.

Test for Substantial Similarity: y Objective test comparing ideas, patterns, themes, organizations and other objective details of the copyrighted materials with the alleged copy y Subjective test comparing expression of ideas; concept and feel from the perspective of the target audience. Dallier s Claim **Dallier does not offer any direct evidence of copying by the defendants, but contends she has presented sufficient evidence of a prima facie case of copying to sustain her claim. y Copyrighted materials and alleged copies are substantially similar, depicting women in various activities y Distinctive spot blue coloring on the jeans in contrast with the drawings

Decision: y No substantial similarity given the ff. reasons: a. Levis presents their ads in an abstract manner like that of Matisse. Dallier s were realistic a it is intended for commercials. b. Levis ads place women in various acrobatic positions. Dallier s were women in typical standing or sitting positions. c. Levis: solid Dark Blue on the jeans; Dallier s: lightly sketched onto the jeans d. No obvious similarity in the activities e. The use of spot coloring on Levi s ads has nothing to do with copying Dallier s concept/work. Spot coloring is already widespread in advertising. f. It is wrong for Dallier to argue that one of the female characters in her story boards is in the same position with that of Levi s, as it came out with a lot of ads.

y Liberal source of advertising material y A photographer cannot claim exclusivity to a picturesque

backdrop because the use thereof belongs to the public domain. y Exception: Private places even if open to public where taking of photographs is prohibited due to: 1. Preservation purposes 2. To avoid duplication of original works y News Service vs. Frank Tullo any photograph may claim the necessary originality to support a copyright, merely by virtue of the photographer s personal choice of subject matter, angle of photograph, lighting and determination of the precise time when the photograph is to be taken.

y A copyright work must possess at least some

minimal degree of creativity.

Facts: Takeall is an entertainer who performs a ventriloquist act with a dummy named Scooter . Takeall and Scooter made radio appearances on 25 radio stations in 12 states, themade a transition from radio to disc jockey to stand-up performer, moreover as an entertainer in nightclubs and hotels in Las Vegas, Nevada. In one of their acts in New Orleans World s Fair, hi arrival was preceded by a press release from the Fair stating that the audience would know they were in the correct pavilion when they heard the ventriloquist duo say You Got the Right One, Uh-huh. Takeall s use of the term Uh-huh as a part of his act began in the 1960 s. takeall testified in deposition that the phrase You Got the Right One, Uh-huh became official as a part of his act in 1984. The earliest videotape of Takeall using the phrase was in December 1991. On January 29, 1992, Takeall applied for a copyright registration, claiming a copright in the words and narration of his act. Takeall stated in his application that his ventriloquist act was created in 1984. In January 1991, Pepsico began airing Diet Pepsi Commercials featuring a well known entertainer Ray Charles saying You Got the Right One, Baby, Uh-huh . Pepsico s advertising agency experimented with different refrains for Ray Charles to use in The Right One commercial, including Yeah, yeah and Uh-huh .

Issue: Whether there is a case of copyright infringement, reverse confusion and passing off and breach of contract. Ruling: The district court assumed the phrase s copyrightability and ruled on thebasis of Takeall s failure to meet his threshold burden of showing a reasonable possibility of success by Pepsico to the property Takeall claims. Furthermore, the court argued that the dispute phrase fails to evince the requisite degree of originality to entitle it to copyright protection and a short expression of the ort that have uniformly held uncopyrightable.

y Kelly Fajack published in his personal website a

photograph showing children taking notes in a school in Burundi. With modifications, it was reproduced without his on a currency note circulating in the central African nation of Burundi. y Pictorial illustrations and advertisements, being artistic works, are allowed to be copyrighted.
ORIGINAL REPRODUCED

173.1 The following derivative works shall also be protected by copyright: (a) Dramatizations, translations, adaptations, abridgments, arrangements and other alterations of literary or artistic works; and (b) Collection 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. 173.2 The works referred to in paragraphs (a) and (b) of Subsection 173.1 shall be protected as new works: Provided however that such new works 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.

y Example: A Harry Potter book by JK Rowling is adapted into a

movie, the movie which has become a new work is the proper subject of a copyright. y Should it be captured in a cd format, adapted for stage, each and every work derived from the original form is a protected work. y A collection of existing works may be copyrighted only if the selection or coordination or arrangement is unique or original. y If no consent is given, the copyright of the derivative work shall be vested on the copyright owner of the original work.

Copyright ownership shall be governed by the following rules: 178.1 Copyright shall belong to the original author of the literary and artistic work. 178.2 In the case of works of joint authorship, the co-authors shall be the original owners of the copyright and in the absence of agreement, their rights shall be governed by the rules of coownership. If, however, a work of joint authorship consists of parts that 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 that he has created; 178.3 In the case of work created by an author during and in the course of his employment, the copyright shall belong to: (a) The employee, if the creation of the object of copyright is not a part of his regular duties even if the employee uses the time, 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, express or implied, to the contrary.

178.4 In the case of a work commissioned by a person other than an employer of the author and who pays for it and the work is made in pursuance of the commission, the person who so commissioned the work shall have ownership of the work, but the copyright thereto shall remain with the creator, unless there is a written stipulation to the contrary; 178.5 In the case of audiovisual work, the copyright shall belong to the producer, the author of the scenario, the composer of the music, the film director, and the author of the work so adapted. However, subject to contrary or other stipulations among the creators, the producer shall exercise the copyright to an extent required for the exhibition of the work in any manner, except for the right to collect performing license fees for the performance of musical compositions, with or without words, which are incorporated into the work; 178.6 In respect of letters, the copyright shall be belong to the writer subject to the provisions of Article 723 of the Civil Code.

The publishers shall be deemed to represent the authors of articles and other writings published without the names of the authors or under pseudonyms, unless the contrary appears, or the pseudonyms or adopted name leaves no doubt as to the author's identity, or if the author of the anonymous works disclose his identity.

y When there is collaborative effort between two or more authors,

there will be joint ownership of the copyright. The consent of both or all authors therefore is essential to use the copyrighted work. y If it is clear from the text of each chapter that such chapter(s) could be attributed solely to one of two or three names listed as coauthors, then parts may be severed for the purpose of determining copyright ownership.
y Otherwise stated, the consent of the author concerned will suffice

without need to secure that of the co-author(s). y Example: If one advertising company specializes only in black-andwhite photography and another one in colored prints, and both companies create a coffee table book of 2 chapters each on a topic using their respective areas of specialization, each chapter can be separately treated as belonging to the that executed the photograph.

y For commissioned works, ownership of the material object is on the

person who commissioned the work while copyright is on the creator. However, there could be a written agreement with respect to ownership of the copyright by the person who commissioned the work. y In case of employment where the employee happens to create something not within his scope of works, the copyright shall in fact be vested on the employee without opportunity on the part of the employer and the employee to enter into an agreement containing a contrary stipulation.

Shall consist of the exclusive right to carry-out, authorize, or prevent the following acts: y Reproduction of the work or substantial portion of the work y Dramatization, translation, adaption, abridgement, arrangement or other transformation of the work y First public distribution of the original and each copy of the work by sale or other forms of transfer of ownership y Rental of the original or a copy of an audiovisual 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 y Public display of the original or a copy of the work
y Public performance of the work y Other communication to the public of the work

y Copyright may be assigned in WHOLE or in PART y Copyright is assigned ENTIRELY if the acts under sec

177 are wholly transferred to that specific person. y Third persons does not become the owner of the material object but may only exercise the economic rights assigned out in Sec 177. y Though economic rights are transferred, moral rights are inherent to the copyright owner.

The author of a work shall, independently of the economic rights in Sec 177 or the grant of an assignment or license with respect to such right, have the right: y To require that the authorship of the work be attributed to him, in particular the right that his name far as practicable, be indicated in a prominent way on the copies, and in connection with the public use of his work y To make any alterations of his work prior to, or to withhold it from publication; y To object any distortion, mutilation or other modification of, or other derogatory action in relation to his work which be prejudicial to his honor or reputation y To restrain the use of his name with respect to any work not his own creation or in a distorted version of his work

y Copyright may be assigned in WHOLE or in PART y Copyright is assigned ENTIRELY if the acts under sec 177

are wholly transferred to that specific person. y Third persons does not become the owner of the material object but may only exercise the economic rights assigned out in Sec 177. y Though economic rights are transferred, moral rights are inherent (inseparable) to the copyright owner.

y Subject to the provisions of Subsections 213.2 to 213.5, the

copyright in works under sections 172 and 173 shall be protected during the life of the author and for 50 years after his death. y In case of works of join authorship, the economic rights shall be protected during the life of the last surviving author and for 50 years after his death. y In case of anonymous of pseudonymous works, the copyright shall be protected for 50 years from the date on which the work was first lawfully published: Provided, that where, before the expiration of the said period, the author s identity is revealed or is no longer in doubt, the provisions of Subsections 213.1 and 213.2 shall apply provided further, that such work if not published before shall be protected for 50 years counted from the making of the work.

y In case of works of applied art the protection shall be

for a period of 25 years from the date of making. y In case of photographic works, the protection shall be for 50 years from publication of the work and, if unpublished 50 years from the making y In cases of audiovisual works including those produced by process for making audiovisual recordings, the term shall be 50 years from date of publication and, if unpublished from the date of making

y Life of the author shall be protected as long as he lives and y y

y y y

50 years after his death. Joint authorship economic rights shall be protected until the last surviving author and 50 years after his death. Pseudonymous works 50 years protection from the date the work was lawfully published only before the expiration of the work, the author s identity is revealed. Applied art protection for 25 years from the date of making. Photographic works 50 years protection from publication of the work and if unpublished 50 years from the making. Audiovisual works term shall be 50 years from the date of publication and if unpublished likewise.

y The term of protection subsequent to the death of the

author provided in the preceding Section 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 gave rise to them.

y The rights granted to performers and producers of sound

recording under this law shall expire: y For performances not incorporated in recordings, 50 years from the end of the year in which the performance took place y For sound or image and sound recordings and for performances incorporated therein, 50 years from the end of the year in which the recording took place. y In case of broadcasts, the term shall be 20 years from the date the broadcast took place. The extended term shall be applied only to old works with subsisting protection under the prior law. (Sec 55, P.D. No. 49a)

y Under current laws, sound recording copyright

protection may differ in different places. Example: UK is 50 years, 95 years from release for the US & 70 years in Australia. y Violators of copyright: y Infringing materials MAY BE confiscated, impounded and subsequently destroyed. y Liability to actual damages including moral and exemplary damages.

184.1 The following acts shall not constitute infringement of copyright: (a) Recitation or performance of a work once it was lawfully made accessible to the public if done:
y Privately y Free of charge y Strictly for charitable or religious institutions or society

(b) Making of quotations from published works only to the extent justified for the purpose
y Source and name of the author should be mentioned

(c) Reproduction of communication to the public y Delivered in public if such use is for information purposes y Has not been expressly reserved
y Source is clearly indicated

(d) Reproduction and communication to the public as part of reports of current events by means of: y Photography y Cinematography y Broadcasting (e) Inclusion of a work in publication made by way of illustration for teaching purposes y Recording made in schools or other educational institutions of a work included in broadcast; (f) Such recording must be deleted within a reasonable period after they were broadcasted (g) The making of temporary recordings by a broadcasting organization y By means of its own facilities y For use in its own broadcast

(h) The use made of a work by or under the direction or control of the government (i) Public performance or the communication to the public of a work by a club or institution for charitable or educational purpose only (j) Public display of the original or a copy the work not made by means of a film, slide, television, or image provided that work has been: y Published or; y Original copy displayed has been sold, given away, or transferred (k) Any use made of a work for the purpose of any y Judicial proceedings y Giving of professional advice

y Criticism y Commentary y News reporting y Teaching y Scholarship and research y Decompilation

y Factors to be considered as fair use:

(a) Purpose and character of use (commercial or non-profit educational) (b) Nature of copyrighted work in relation to the work as a whole (c) Amount and substantiality of portion used (d) Effect of use to potential markets or value of work

y To equip with knowledge on what are legally

permissible y To ingrain social responsibility in their level of consciousness