Presented by:

GROUP 3
Arthel Cordova
Danica Gaita
Jamaica Magno
Mark Jay Perdialva
APRIL 2024
THE L AW ON COPYRIGHT

APRIL 2024
 ‘INTANGIBLE CRETIVE THINGS”
TREATED AS REAL THINGS

COPYRIGHT LAW TREATS “CREATIVE THINGS” AS

PERSONAL PROPERTY

Copyright, the exclusive, legally secured right to reproduce,

distribute, and perform a literary, musical, dramatic, or
artistic work.
 Copyright law is a type of intellectual property law that protects
original works of authorship. It grants certain exclusive rights to
the creators of original works, such as authors, artists, musicians,
and photographers.

These exclusive rights include the right to reproduce, distribute,

perform, display, and create derivative works based on the
original work. Copyright law aims to encourage creativity and
innovation by providing creators with the ability to control and
profit from their works.
 In the United States, copyright law is primarily governed by the
Copyright Act of 1976, which has been amended over the years to
adapt to technological advancements and international
agreements. The Copyright Act is contained in Title 17 of the
United States Code. It defines the subject matter eligible for
copyright protection, the rights of copyright owners, the duration
of copyright protection, and the remedies available for copyright
infringement.
 Some key aspects of copyright law include:

1. Originality and Fixation: Copyright protection

applies to original works of authorship that are fixed
in a tangible medium of expression. The work must
be independently created by a human author and
possess a minimal degree of creativity
 2. Copyright Ownership: The creator of a work is
generally the initial copyright owner. However, copyright
ownership can be transferred or assigned to others through
contracts, wills, or other types of transfers. In some cases,
copyright ownership may belong to employers or
organizations if the work is created within the scope of
employment or as a work made for hire
 3. Exclusive Rights: Copyright owners have exclusive
rights to reproduce, distribute, display, perform, and create
derivative works based on their original works. They also
have the right to authorize others to exercise these
exclusive rights, subject to certain limitations.
4. Duration of Copyright Protection: The duration of
copyright protection depends on when the work was created.
For works created on or after January 1, 1978, copyright
protection lasts for the life of the author plus 70 years after the
author's death. For anonymous works, pseudonymous works,
and works made for hire, copyright protection lasts for 95 years
from publication or 120 years from creation, whichever is
shorter. Works created before 1978 have different rules for
copyright duration.
5. Fair Use: Fair use is a legal doctrine that allows limited use
of copyrighted works without permission from the copyright
owner. It is based on the principle that certain uses, such as
criticism, commentary, news reporting, teaching, and research,
are beneficial to society and do not infringe upon the rights of
copyright owners. Fair use is determined by considering four
factors: the purpose and character of the use, the nature of the
copyrighted work, the amount and substantiality of the portion
used, and the effect on the potential market for the copyrighted
work.
 6. Registration: Copyright protection exists automatically once
a work is created and fixed in a tangible medium. However,
registering a copyright with the U.S. Copyright Office provides
additional benefits, such as the ability to enforce copyright
through litigation, eligibility for certain types of damages, and a
public record of copyright ownership.
It's important to note that copyright law can vary between
countries, although many countries have similar principles
and are signatories to international copyright treaties, such
as the Berne Convention
COPYRIGHT L AW IN THE

PHILIPPINES

APRIL 2024
The copyright law in the Philippines is based on the
Republic Act No. 8293, which protects literary and
artistic works, trademarks, patents, and other forms
of intellectual property. The law covers original
works in the literary and artistic domain, including
books, articles, periodicals, lectures, music
compositions, drawings, paintings, sculptures, and
computer programs
 Derivative works, such as adaptations and collections, are also
protected. The duration of copyright protection is the lifetime of
the author plus 50 years after their death. The law also includes
provisions for fair use, moral rights of authors, and remedies for
copyright infringement.
In the Philippines, the duration of copyright protection is outlined in
the Intellectual Property Code of the Philippines (Republic Act No.
8293). The general rule is that copyright protection lasts during the
lifetime of the author plus 50 years after their death. This term of
protection also applies to posthumous works.
Some specific durations of copyright protection in the Philippines:

1.Works of Individual Authors: For works

created by an individual author, such as literary,
artistic, and derivative works, copyright protection
lasts during the author's lifetime plus 50 years
after their death.
2.Joint Authorship: In the case of joint authorship,
where a work is created by two or more authors,
copyright protection lasts during the lifetime of the
last surviving author plus 50 years after their death.
3.Anonymous or Pseudonymous Works:
For anonym ous or pseudonym ous works, where t he
aut hor's i dent i t y i s not di scl osed or i s represent ed by a
pseudonym , copyri ght prot ect i on l ast s for 50 years from
t he dat e of fi rst l awful publ i cat i on.
4.Applied Art Works: Works of applied art,
which include industrial designs and artistic
craftsmanship, are protected for 25 years from
the date of their creation.
5. Audio-Visual Works: Audio-visual works,
such as films and videos, are protected for 50
years from the date of publication. If the audio-
visual work is unpublished, it is protected for 50
years from the date of its creation.
 It's important to note that these durations are subject to
the specific provisions of the Intellectual Property Code
of the Philippines. Additionally, the duration of
copyright protection may vary for works created before
the implementation of the current law.

As copyright laws can evolve and be subject to

amendments, it is advisable to consult the Intellectual
Property Code of the Philippines or seek legal advice for
the most accurate and up-to-date information on copyright
duration in the country.
S TAT U T O R Y C L A S S E S

APRIL 2024
 The term "statutory classes of copyright" refers to the
specific categories or types of works that are eligible for
copyright protection under the law. These classes are
defined and recognized by copyright statutes or laws in a
particular jurisdiction.
In the context of the Philippines, the statutory classes of copyright
are defined in the Intellectual Property Code of the Philippines
(Republic Act No. 8293). Section 172 of the Intellectual Property
Code lists the various literary and artistic works that are eligible for
copyright protection.

These include books, pamphlets, articles, periodicals, lectures,

sermons, letters, dramatic works, musical compositions, works of
art, illustrations, maps, computer programs, and other literary,
scholarly, scientific, and artistic works.
there are various examples of literar y works that are eligible for copyright
protection;

1. Novels and Short Stories

Fictional prose works,

whether they are full-length
novels, novellas, or short
stories, are eligible for
copyright protection.
2. Poetry

Original poems, whether they

are sonnets, haikus, or free verse,
are eligible for copyright
protection.
3. Plays and Scripts

Original plays, theatrical works,

and scripts for movies or television
shows are eligible
for copyright protection
4. Essays and Articles

Non-fiction works, such as essays,

articles, and opinion pieces, are
eligible for
copyright protection
5. Letters and Correspondence

Personal letters, including those of

historical significance, can be eligible
for copyright protection.
6. Blogs and Online Content

Original blog posts, online articles,

and digital content can be eligible for
copyright protection
7. Song Lyrics

The written lyrics of songs are

considered literary works and are
eligible for copyright
protection.
8. Manuals and Guides

Instructional manuals, user guides, and

technical documentation can be eligible
for copyright protection
 These examples illustrate the diverse range of literary works that
can be protected by copyright. It’s important to note that copyright
protection extends to the original expression of ideas, not the
ideas themselves.

Additionally, copyright protection is automatic upon creation and

fixation in a tangible medium, although registration with the
appropriate copyright office may provide additional benefits and
legal advantages.
TRADE

SECRET
APRIL 2024
 Tr a d e s e c r e t s is a type of intellectual property that
refers to confidential and valuable information that gives a
business a competitive advantage over others.

Tr a d e s e c r e t s can include a wide range of information,

such as formulas, recipes, manufacturing processes,
customer lists, marketing strategies, pricing information, and
business plans
Confidentiality: The information must be
kept secret and not generally known or
easily accessible to the public or
competitors
C o m m e r c i a l Va l u e : T h e i n f o r m a t i o n m u s t
provide a competitive advantage or economic
value to the business
 Reasonable Efforts: The owner of the
trade secret must take reasonable efforts
to maintain the secrecy of the information.
Tr a d e s e c r e t s a r e p r o t e c t e d u n d e r t r a d e s e c r e t
laws, which vary between jurisdictions. In the
United States, trade secrets are protected under
the Uniform Trade Secrets Act (UTSA) or the
federal Defend Trade Secrets Act (DTSA).
The protection of trade secrets is important for
businesses as it allows them to maintain a
competitive advantage and protect their valuable
information from being used by competitors.
 Trade secret laws can vary between
jurisdictions, so it's advisable to consult
the specific laws and regulations of your
country or seek legal advice for more
detailed information
Here are some examples of trade secrets that businesses commonly protect:

1.Formulas and Recipes

Companies in the food and

beverage industry often
protect their secret formulas
and recipes.
2.Manufacturing Processes

Companies may have trade

secrets related to their unique
manufacturing processes that
give them a competitive
advantage.and contact details
3.Customer List

Businesses often consider

their customer lists as trade
secrets. These lists contain
valuable information about
customers' preferences,
purchasing patterns, and
contact details.
4 .Software Algorithms and
Codes

Technology companies protect

their software algorithms,
source codes, and proprietary
software development methods
5.Marketing Strategies

Companies may have trade

secrets related to their
marketing strategies and
campaigns.
6.Research and Development
Data

Companies invest significant

resources in research and
development (R&D) to create
innovative products or
technologies
 7.Pricing and Costing
Information

Businesses often keep their

pricing strategies, profit
margins, and cost structures as
trade secrets.
8.Business Plans and Strategies

Companies may protect their

business plans, expansion
strategies, and long-term goals as
trade secret
9.Manufacturing Techniques and
Trade Know-How

Trade secrets can include

specialized manufacturing
techniques, quality control
processes, and other industry-
specific know-how
Take note:

That these examples are not exhaustive, and trade

secrets can vary across industries and businesses.
Each company determines what specific
information is valuable and critical to its success
and takes measures to protect it as a trade secret