OUTLINE FOR INTRODUCTION TO INTELLECTUAL PROPERTY

I. Fundamentals of Intellectual Property

a. What is Intellectual Property?
b. The IP Law
II. Copyright Basics
a. The Basics of Copyright?
- What is copyright?
- History of copyright
- Copyright law in the Philippines
- Scope of Copyright
b. Eligible Works
- What are the subject matters that fall under copyright?
c. Rights and Term
d. Infringement and Remedies
e. The Fair Use of Defense
f. New technology challenges to Copyright
g. Copyright in a Changing World
I. COPYRIGHT BASICS
Copyright protects the original literary and artistic creations of all types of authors, such as
writers, composers, software developers, web designers and many other creators. In the
past, copyright law was used to protect creative expressions of various kinds on papers or
printer media, whereas, in the current internet era, copyright is relied upon by all types of
digital content producers, distributors and retailers.

What is copyright?

- Copyright refers to the collection of all rights enjoyed by the owner of an artistic or literary
work.
- Refers to the collection of all rights enjoyed by the owner of a literary and artistic work.
- Work that are protected from the moment of their creation, irrespective of the form of
expression, as well as their content, quality, and purpose
- Examples: books, newspapers, lectures, sermons, dissertations prepared for oral delivery,
musical compositions with or without words, architecture, sculpture, photography, original
ornamental designs

History of Copyright

Philippine copyright law is largely a product of the transplantation of US law, with succeeding
modifications adopted to reflect not only the development of new media and new technologies, but
also the country’s status as a net importer of intellectual goods. This historical view provides not only
an explanatory model for the current features of Philippine copyright law, but also provides a vantage
point from which to predict future developments of the law.

The Philippine Constitution also has a provision mandating copyright legislation. Under the 1987
Constitution, the State “shall protect and secure the exclusive rights of scientists, inventors, artists,
and other gifted citizens to their intellectual property and creations, particularly when beneficial to
the people, for such period as may be provided by law.” A similar provision in the 1973 Constitution
states that “[t]he exclusive right to inventions, writings and artistic creations shall be secured to
inventors, authors, and artists for a limited period.”
II. ELIGIBLE WORKS
SEC. 172. Literary and Artistic Works. - 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) Original ornamental designs or models for articles of manufacture, whether or not registrable as
an industrial design, and other works of applied art;
(i) Illustrations, maps, plans, sketches, charts and three-dimensional works relative to geography,
topography, architecture or science;
(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 audio-visual 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. (Sec. 2, P.D. No. 49a)

Derivative Works

A derivative work is a work based on one or more pre‐existing works, such as a translation, musical
arrangement, art reproduction, dramatization or motion picture version. Making derivative works is
an exclusive right of the copyright owner. Therefore, if the original work is protected by copyright, you
cannot prepare a derivative work without the copyright owner's permission. For example, the author
of Harry Potter books was paid a considerable remuneration for the right to make movies from her
best‐selling novels. 'West Side Story', on the contrary, is based on Shakespeare's 'Romeo and Juliet',
which is the 'public domain'. Anyone is free to write and exploit a screenplay based on that novel.
A derivative work is a new work that is based on one or more existing works and includes significant
elements from the original work. Derivative works are also known as "new versions”.

SEC. 173. Derivative Works. – 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) 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. (Sec.
2, [P] and [Q], P.D. No. 49)

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 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. (Sec. 8, P.D. 49; Art. 10, TRIPS)

SEC. 174. Published Edition of Work. - In addition to the right to publish granted by the author, his
heirs or assigns, the publisher shall have a copyright consisting merely of the right of reproduction of
the typographical arrangement of the published edition of the work. (n)

Works Not Protected

SEC. 175. Unprotected Subject Matter. - Notwithstanding the provisions of Section 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 any official text of a legislative, administrative or legal nature, as well
as any official translation thereof. (n)

SEC. 176. Works of the Government.

176.1. No copyright shall subsist in any work of the Government of the Philippines. However, prior
approval of the government agency or office wherein the work is created shall be necessary for
exploitation of such work for profit. Such agency or office may, among other things, impose as a
condition the payment of royalties. No prior approval or conditions shall be required for the use of
any purpose of 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. (Sec. 9, first par., P.D. No. 49)

176.2. The author of speeches, lectures, sermons, addresses, and dissertations mentioned in the
preceding paragraphs shall have the exclusive right of making a collection of his works. (n)

176.3. Notwithstanding the foregoing provisions, the Government is not precluded from receiving
and holding copyrights transferred to it by assignment, bequest or otherwise; nor shall publication or
republication by the government in a public document of any work in which copyright is subsisting
be taken to cause any abridgment or annulment of the copyright or to authorize any use or
appropriation of such work without the consent of the copyright owner. (Sec. 9, third par., P.D. No.
49)

III. RIGHTS AND TERMS

COPYRIGHT OR ECONOMIC RIGHTS

The author of a work has economic rights, as well as moral rights over the work.

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;

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;

6. Public performance of the work; and

7. Other communication to the public of the work.

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;

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.
SEC. 177. Copyright or Economic Rights. - Subject to the provisions of Chapter VIII, copyright or
economic rights shall consist of the exclusive right to carry out, authorize or prevent the following
acts:

177.1. Reproduction of the work or substantial portion of the work;

177.2. Dramatization, translation, adaptation, abridgment, arrangement or other transformation of
the work;
177.3. The first public distribution of the original and each copy of the work by sale or other forms of
transfer of ownership;
177.4. 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; (n)
177.5. Public display of the original or a copy of the work;
177.6. Public performance of the work; and
177.7. Other communication to the public of the work (Sec. 5, P.D.

OWNERSHIP OF COPYRIGHT

SEC. 178. Rules on Copyright Ownership. - Copyright ownership shall be governed by the following
rules:

178.1. Subject to the provisions of this section, in the case of original literary and artistic works,
copyright shall belong to the author of the 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 on co-
ownership. 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 copyrigt 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; and

178.6. In respect of letters, the copyright shall belong to the writer subject to the provisions of Article
723 of the Civil Code. (Sec. 6, P.D. No. 49a)

SEC. 179. Anonymous and Pseudonymous Works. - For purposes of this Act, 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 doubts as to the author’s identity, or if the author of the anonymous works discloses
his identity. (Sec. 7, P.D. 49)

TRANSFER, ASSIGNMENT AND LICENSING OF COPYRIGHT

SEC. 180. Rights of Assignee or Licensee. - 180.1. The copyright may be assigned or licensed in whole
or in part. Within the scope of the assignment or license, the assignee or licensee is entitled to all the
rights and remedies which the assignor or licensor had with respect to the copyright.

180.2. The copyright is not deemed assigned or licensed inter vivos, in whole or in part, unless there
is a written indication of such intention.

180.3. The submission of a literary, photographic or artistic work to a newspaper, magazine or

periodical for publication shall constitute only a license to make a single publication unless a greater
right is expressly granted. If two (2) or more persons jointly own a copyright or any part thereof, neither
of the owners shall be entitled to grant licenses without the prior written consent of the other owner
or owners. (Sec. 15, P.D. No. 49a)

180.4. Any exclusivity in the economic rights in a work may be exclusively licensed. Within the scope
of the exclusive license, the licensee is entitled to all the rights and remedies which the licensor had

with respect to the copyright.

180.5. The copyright owner has the right to regular statements of accounts from the assignee or the
licensee with regard to assigned or licensed work.

(As amended by Republic Act No.10372 or an Act Amending certain provisions of Republic Act No.
8293 otherwise known as the Intellectual Property Code of the Philippines, and for other Purposes)

SEC. 181. Copyright and Material Object. - The copyright is distinct from the property in the material
object subject to it. Consequently, the transfer, assignment or licensing of the copyright shall not
itself constitute a transfer of the material object. Nor shall a transfer or assignment of the sole copy
or of one or several copies of the work imply transfer, assignment or licensing of the copyright. (Sec.
16, P.D. No. 49)
(As amended by Republic Act No.10372 or an Act Amending certain provisions of Republic Act No.
8293 otherwise known as the Intellectual Property Code of the Philippines, and for other Purposes)

SEC. 182. Filing of Assignment or License. - An assignment or exclusive license may be filed in
duplicate with the National Library upon payment of the prescribed fee for registration in books and
records kept for the purpose. Upon recording, a copy of the instrument shall be returned to the
sender with a notation of the fact of record. Notice of the record shall be published in the IPO Gazette.
(Sec. 19, P.D. No. 49a)

SEC 183. Designation of Society. - The owners of copyright and related rights or their heirs may
designate a society of artists, writers, composers and other right-holders to collectively manage their
economic or moral rights on their behalf. For the said societies to enforce the rights of their members,
they shall first secure the necessary accreditation from the Intellectual Property Office. (Sec. 32, P.D.
No. 49a)

(As amended by Republic Act No.10372 or an Act Amending certain provisions of Republic Act No.
8293 otherwise known as the Intellectual Property Code of the Philippines, and for other Purposes)

TERM OF PROTECTION

SEC. 213. Term of Protection. - 213.1. 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
fifty (50) years after his death. This rule also applies to posthumous works. (Sec. 21, first sentence,
P.D. No. 49a)

213.2. In case of works of joint authorship, the economic rights shall be protected during the life of
the last surviving author and for fifty (50) years after his death. (Sec. 21, second sentence, P.D. no.
49)

213.3. In case of anonymous or pseudonymous works, the copyright shall be protected for fifty (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, as the case may be:

Provided, further, That such works if not published before shall be protected for fifty (50) years
counted from the making of the work. (Sec. 23, P.D. No. 49)

213.4. In case of works of applied art the protection shall be for a period of twenty-five (25) years from
the date of making. (Sec. 24(B), P.D. No. 49a)

213.5. In case of photographic works, the protection shall be for fifty (50) years from publication of
the work and, if unpublished, fifty (50) years from the making. (Sec. 24(C), P.D. 49a)

213.6. In case of audio-visual works including those produced by process analogous to photography
or any process for making audio-visual recordings, the term shall be fifty (50) years from date of
publication and, if unpublished, from the date of making. (Sec. 24(C), P.D. No. 49a)
SEC. 214. Calculation of Term. - 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. (Sec. 25, P.D. No. 49)

IV. INFRINGEMENT AND REMEDIES

Plagiarism vs. Infringement

Plagiarism occurs when someone does not give credit to the ideas or works they use to support new
points or works, or passes it off as their own.

Example:

• Copying large portions, word-for-word, from another work done by someone else for one's
own assignment.
• Taking an assignment done for one class and turning it in as an assignment for another
without discussing it with the instructor (this is known as self plagiarism).

Infringement is when someone reuses the work of others outside of the limits of copyright law, or
takes the rights over the work held by a copyright owner without permission.

Example:

• Copying the MP4 file of a movie without the permission of its copyright holder and giving the
file to others.
• Remaking a song using the complete lyrics written by someone else without getting
permission from its copyright holders.

SEC. 216. Infringement. – Any person infringes a right protected under this Act when one:

(a) Directly commits an infringement;

(b) 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;

(c) With knowledge of infringing activity, induces, causes or materially contributes to the infringing
conduct of another.

216.1. Remedies for Infringement – Any person infringing a right protected under this law shall be
liable:

(a) To an injunction restraining such infringement. The court may also order the defendant to desist
from an infringement, among others, to prevent the entry into the channels of commerce of imported
goods that involve an infringement, immediately after customs clearance of such goods.
(b) To pay to the copyright proprietor or his assigns or heirs such actual damages, including legal
costs and other expenses, as he may have incurred due to the infringement as well as the profits the
infringer may have made due to such infringement, and in proving profits the plaintiff shall be
required to prove sales only and the defendant shall be required to prove every element of cost which
he claims, or, in lieu of actual damages and profits, such damages which to the court shall appear to
be just and shall not be regarded as penalty: Provided, That the amount of damages to be awarded
shall be doubled against any person who:

(i) Circumvents effective technological measures; or

(ii) Having reasonable grounds to know that it will induce, enable, facilitate or conceal the
infringement, remove or alter any electronic rights management information from a copy of a work,
sound recording, or fixation of a performance, or distribute, import for distribution, broadcast, or
communicate to the public works or copies of works without authority, knowing that electronic rights
management information has been removed or altered without authority.

(c) Deliver under oath, for 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.

(d) 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.

(e) Such other terms and conditions, including the payment of 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.

The copyright owner may elect, at any time before final judgment is rendered, to recover instead of
actual damages and profits, an award of statutory damages for all infringements involved in an action
in a sum equivalent to the filing fee of the infringement action but not less than fifty thousand pesos
(Php50,000.00). In awarding statutory damages, the court may consider the following factors:

(1) The nature and purpose of the infringing act;

(2) The flagrancy of the infringement;

(3) Whether the defendant acted in bad faith;

(4) The need for deterrence;

(5) Any loss that the plaintiff has suffered or is likely to suffer by reason of the infringement; and

(6) Any benefit shown to have accrued to the defendant by reason of the infringement.

In case the infringer was not aware and had no reason to believe that his acts constitute an
infringement of copyright, the court in its discretion may reduce the award of statutory damages to a
sum of not more than Ten thousand pesos (Php10,000.00): Provided, That the amount of damages to
be awarded shall be doubled against any person who:

(i) Circumvents effective technological measures; or

(ii) Having reasonable grounds to know that it will induce, enable, facilitate or conceal the
infringement, remove or alter any electronic rights management information from a copy of a work,
sound recording, or fixation of a performance, or distribute, import for distribution, broadcast, or
communicate to the public works or copies of works without authority, knowing that electronic rights
management information has been removed or altered without authority.

216.2. In an infringement action, the court shall also have the power to order the seizure and
impounding of any article which may serve as evidence in the court proceedings, in accordance with
the rules on search and seizure involving violations of intellectual property rights issued by the
Supreme Court. (Sec.28, P.D. No. 49a)

The foregoing shall not preclude an independent suit for relief by the injured party by way of damages,
injunction, accounts or otherwise.

(As amended by Republic Act No.10372 or an Act Amending certain provisions of Republic Act No.
8293 otherwise known as the Intellectual Property Code of the Philippines, and for other Purposes)

SEC. 217. Criminal Penalties. - 217.1. Any person infringing any right secured by provisions of Part IV
of this Act or aiding or abetting such infringement shall be guilty of a crime punishable by:

(a) Imprisonment of one (1) year to three (3) years plus a fine ranging from Fifty thousand pesos
(P50,000) to One hundred fifty thousand pesos (P150,000) for the first offense.

(b) Imprisonment of three (3) years and one (1) day to six (6) years plus a fine ranging from One
hundred fifty thousand pesos (P150,000) to Five hundred thousand pesos (P500,000) for the second
offense.

(c) Imprisonment of six (6) years and one (1) day to nine (9) years plus a fine ranging from Five hundred
thousand pesos (P500,000) to One million five hundred thousand pesos (P1,500,000) for the third
and subsequent offenses.

(d) In all cases, subsidiary imprisonment in cases of insolvency.

217.2. In determining the number of years of imprisonment and the amount of fine, 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:

Provided, That the respective maximum penalty stated in Section 217.1.

(a), (b) and (c) herein for the first, second, third and subsequent offense, shall be imposed when the
infringement is committed by:

(a) The circumvention of effective technological measures;

(b) The removal or alteration of any electronic rights management information from a copy of a work,
sound recording, or fixation of a performance, by a person, knowingly and without authority; or
(c) The distribution, importation for distribution, broadcast, or communication to the public of works
or copies of works, by a person without authority, knowing that electronic rights management
information has been removed or altered without authority.

(As amended by Republic Act No.10372 or an Act Amending certain provisions of Republic Act No.
8293 otherwise known as the Intellectual Property Code of the Philippines, and for other Purposes)

217.3. Any person who at the time when copyright subsists in a work has in his possession an article
which he knows, or ought to know, to be an infringing copy of the work for the purpose of:

(a) Selling, letting for hire, or by way of trade offering or exposing for sale, or hire, the article;

(b) Distributing the article for purpose of trade, or for any other purpose to an extent that will prejudice
the rights of the copyright owner in the work; or

(c) Trade exhibit of the article in public, shall be guilty of an offense and shall be liable on conviction
to imprisonment and fine as above mentioned. (Sec. 29, P.D. No. 49a)
 ADDITIONAL INFORMATION

Registration and deposit of your works isn’t necessary, but authors and artists may opt to file for the
copyright registration of their work with Intellectual Property Office of the Philippines (IPOPHL) for
the issuance of the appropriate certificate of copyright registration.

What works are not protected by copyright under Philippine law?

Copyright protection does not cover:

1. Ideas, procedures, systems, methods, or operations, concepts, principles, discoveries or

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;

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.

Is copyright deposit necessary to protect artistic or literary works?

No, copyrightable works are protected from the moment of their creation.

Who can file a copyright deposit?

The owner of the work or his/her assignees or successors-in-interest has the right to file a copyright
deposit.

Who are considered owners of the copyrightable works?

The owners of original literary and artistic works are:

1. The author of the work;

2. If the work is of joint ownership:

1. The co-authors are the original owners and in the absence of agreement, their rights
shall be governed by the rules on co-ownership.

2. The author of each part is the owner of such part he/she created, if the work consists
of parts that can be used separately and the author of each part can be identified.

3. If the work is created in the course of employment:

 1. Employee is the owner, if the work created is not part of employee’s regular duties
even if he uses the time, facilities and materials of the employer;

2. Employer is the owner, if the work created is the result of the performance of
employee’s regularly-assigned duties, unless otherwise agreed upon.

4. If the work was commissioned, the one who commissioned the work jointly owns it with the
author/creator – but the copyright of the work remains with author/creator, unless otherwise
agreed upon;

5. 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, except
for the right to collect license fees for the performance of musical compositions, with or
without words, which are incorporated into the work.

6. With respect to letters, the copyright belongs to the writer subject to the following:

1. Letters and other private communications in writing are owned by the person to
whom they are addressed and delivered, but the same cannot be published or
disseminated without the consent of the writer or his heirs.

2. However, the court may authorize the publication or dissemination if the public goods
or the interest of justice so requires.

Can the author or creator waive or transfer copyright?

Yes, the author/creator of any work can waive or transfer copyright on his/her work in favor of a
corporation or another individual.

What is the duration of copyright protection?

In the Philippines, copyright protection for artistic, literary and derivative works lasts during the
lifetime 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
lifetime of the last surviving author plus 50 years after such author’s death. Such term shall always
be deemed to begin on the first day of January of the year following the death of the author.

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.

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.
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.

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.

What is the duration or term of protection for broadcasts?

Broadcasts shall be protected for 20 years from the date the broadcast took place.

Can a copyright be transferred or assigned?

Yes. Copyright can be transferred or assigned in whole or in part.

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.

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 than 1 person, neither of the owners shall be entitled to
grant a license without the prior written consent of the other owner or owners.

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.

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 constitutes fair use and is allowed.
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

(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.

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 ensures the protection of copyright owners over audio-visual
works. 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.

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;

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.

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.

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.

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.

Copyright rules provide for certain instances where there is no need of application of the fair use
principle above to be considered fair use:

1. The recitation or performance of a work, once it has been lawfully made accessible to the
public, if done privately and free of charge or if made strictly for a charitable or religious
institution or society;

2. The reproduction or communication to the public by mass media of articles on current

political, social, economic, scientific, or religious topics, lectures, addresses, and other
works of the same nature, which are delivered in public if such use is for information
purposes and has not been expressly reserved, provided the source is clearly indicated;

3. The reproduction and communication to the public of literary, scientific, or artistic works as
part of reports of current events by means of photography, cinematography or broadcasting
to the extent necessary for the purpose;

4. The recording made in schools, universities, or educational institutions of a work included in

a broadcast for the use of such schools, universities, or educational institutions, provided
that such recording must be deleted within a reasonable period after they were first
broadcast, and provided that such recording may not be made from audiovisual works which
are part of the general cinema repertoire of feature films, except for brief excerpts of the work;

5. The making of ephemeral recordings by a broadcasting organization by means of its own

facilities and for use in its own broadcast;

6. The public performance or the communication to the public of a work, in a place where no
admission fee is charged in respect of such public performance or communication, by a club
or institution for charitable or education purpose only, whose aim is not profit making;

7. The public display of the original or a copy of the work not made by means of a film, slide,
television image or otherwise on screen or by means of any other device or process, provided
that either the work has been published or that the original or the copy displayed has been
sold, given away, or otherwise transferred to another person by the author or his successor
in title;

8. Any use made of a work for the purpose of any judicial proceedings or for the giving of
professional advice by a legal practitioner; or

9. The reproduction or distribution of published articles or materials in a specialized format

exclusively for the use of the blind, visually, and reading impaired persons, provided that such
 copies and distribution shall be made on a non-profit basis and shall indicate the copyright
owner and the date of the original publication.

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. It may also consist in aiding or abetting
such infringement. The IP Code also provides for the liability of a person who at the time when
copyright subsists in a work has in his possession an article which he knows, or ought to know, to be
an infringing copy of the work for the following purposes: (a) selling or letting for hire, or by way of
trade offering or exposing for sale or hire, the article; (b) distributing the article for the purpose of
trade, or for any other purpose to an extent that will prejudice the rights of the copyright owner in the
work; or (c) trade exhibit of the article in public.

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. 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.

What are the penalties provided by Philippine law for copyright infringement?

Under Philippine law, copyright infringement is punishable by the following:

1. Imprisonment of between 1 to 3 years and a fine of between 50,000 to 150,000 pesos for the
first offense.

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.

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.

The offending party may also be ordered to pay civil damages. Injunction and destruction of the
infringing goods or products can also be obtained, as well as seizure and impounding of any article
which may serve as evidence in the court proceedings.

References

COPYRIGHT – National Library of the Philippines. (n.d.). https://web.nlp.gov.ph/copyright/

FAQS + Resources, Philippines Law Firm, IP attorneys. (n.d.). Federis & Associates Law.
http://www.federislaw.com.ph/faqs-res. . ..

Haman, E. A., JD. (2023, March 22). What are derivative works under copyright law?
https://www.legalzoom.com/articles/what-are-derivative-works-under-copyright-law
How does copyright affect culture? - Cupore. (2017, September 12). Cupore.
https://www.cupore.fi/en/newsroom/how-does-copyright-affect-culture/

LibGuides: Copyright for Teaching and Instruction: Plagiarism and Infringement. (n.d.).
https://libguides.fau.edu/copyright-for-teaching/plagiarism-infringement