CHAPTER XII RIGHTS OF PERFORMERS, PRODUCERS OF SOUNDS RECORDINGS AND BROADCASTING ORGANIZATIONS Section 202. Definitions.

- For the purpose of this Act, the following terms shall have the following meanings: 202.1. "Performers" are actors, singers, musicians, dancers, and other persons who act, sing, declaim, pla in, interpret, or otherwise perform literar and artistic wor!" 202.2. "#ound recording" means the fi$ation of the sounds of a performance or of other sounds, or representation of sound, other than in the form of a fi$ation incorporated in a cinematographic or other audiovisual wor!" 202.%. An "audiovisual wor! or fi$ation" is a wor! that consists of a series of related images which impart the impression of motion, with or without accompan ing sounds, suscepti&le of &eing made visi&le and, where accompanied & sounds, suscepti&le of &eing made audi&le" 202.'. "Fi$ation" means the em&odiment of sounds, or of the representations thereof, from which the can &e perceived, reproduced or communicated through a device" 202. (. "Producer of a sound recording" means the person, or the legal entit , who or which ta!es the initiative and has the responsi&ilit for the first fi$ation of the sounds of a performance or other sounds, or the representation of sounds" 202.). "Pu&lication of a fi$ed performance or a sound recording" means the offering of copies of the fi$ed performance or the sound recording to the pu&lic, with the consent of the right holder: Provided, *hat copies are offered to the pu&lic in reasona&le +ualit " 202.,. "-roadcasting" means the transmission & wireless means for the pu&lic reception of sounds or of images or of representations thereof" such transmission & satellite is also "&roadcasting" where the means for decr pting are provided to the pu&lic & the &roadcasting organi.ation or with its consent" 202./. "-roadcasting organi.ation" shall include a natural person or a 0uridical entit dul authori.ed to engage in &roadcasting" and 202.1 "2ommunication to the pu&lic of a performance or a sound recording" means the transmission to the pu&lic, & an medium, otherwise than & &roadcasting, of sounds of a performance or the representations of sounds fi$ed in a sound recording. For purposes of #ection 201, "communication to the pu&lic" includes ma!ing the sounds or representations of sounds fi$ed in a sound recording audi&le to the pu&lic. Section 203. Scope of Performers' Rights. - #u&0ect to the provisions of #ection 212, performers shall en0o the following e$clusive rights:

20%.1. As regards their performances, the right of authori.ing: 3a4 *he &roadcasting and other communication to the pu&lic of their performance" and 3&4 *he fi$ation of their unfi$ed performance. 20%.2. *he right of authori.ing the direct or indirect reproduction of their performances fi$ed in sound recordings, in an manner or form" 20%.%. #u&0ect to the provisions of #ection 20), the right of authori.ing the first pu&lic distri&ution of the original and copies of their performance fi$ed in the sound recording through sale or rental or other forms of transfer of ownership" 20%.'. *he right of authori.ing the commercial rental to the pu&lic of the original and copies of their performances fi$ed in sound recordings, even after distri&ution of them & , or pursuant to the authori.ation & the performer" and 20%.(. *he right of authori.ing the ma!ing availa&le to the pu&lic of their performances fi$ed in sound recordings, & wire or wireless means, in such a wa that mem&ers of the pu&lic ma access them from a place and time individuall chosen & them. 3#ec. '2, P.5. 6o. '1a4 Section 20 . Moral Rights of Performers. - 20'.1. 7ndependentl of a performer8s economic rights, the performer, shall, as regards his live aural performances or performances fi$ed in sound recordings, have the right to claim to &e identified as the performer of his performances, e$cept where the omission is dictated & the manner of the use of the performance, and to o&0ect to an distortion, mutilation or other modification of his performances that would &e pre0udicial to his reputation. 20'.2. *he rights granted to a performer in accordance with #u&section 20%.1 shall &e maintained and e$ercised fift 3(04 ears after his death, & his heirs, and in default of heirs, the government, where protection is claimed. 3#ec. '%, P.5. 6o. '14 Section 20!. Limitation on Right. - 20(.1. #u&0ect to the provisions of #ection 20), once the performer has authori.ed the &roadcasting or fi$ation of his performance, the provisions of #ections 20% shall have no further application. 20(.2. *he provisions of #ection 1/' and #ection 1/( shall appl mutatis mutandis to performers. 3n4 Section 20". Additional Remuneration for Subsequent Communications or Broadcasts. - 9nless otherwise provided in the contract, in ever communication to the pu&lic or &roadcast of a performance su&se+uent to the first communication or &roadcast thereof & the &roadcasting organi.ation, the performer shall &e entitled to an additional remuneration e+uivalent to at least five percent 3(:4 of the original compensation he or she received for the first communication or &roadcast. 3n4

Section 20#. Contract Terms. - 6othing in this 2hapter shall &e construed to deprive performers of the right to agree & contracts on terms and conditions more favora&le for them in respect of an use of their performance. 3n4 CHAPTER XIII PRODUCERS OF SOUND RECORDINGS Section 20$. Scope of Right. - #u&0ect to the provisions of #ection 212, producers of sound recordings shall en0o the following e$clusive rights: 20/.1. *he right to authori.e the direct or indirect reproduction of their sound recordings, in an manner or form" the placing of these reproductions in the mar!et and the right of rental or lending" 20/.2. *he right to authori.e the first pu&lic distri&ution of the original and copies of their sound recordings through sale or rental or other forms of transferring ownership" and 20/.%. *he right to authori.e the commercial rental to the pu&lic of the original and copies of their sound recordings, even after distri&ution & them & or pursuant to authori.ation & the producer. 3#ec. '), P.5. 6o. '1a4 Section 20%. Communication to the Public. - 7f a sound recording pu&lished for commercial purposes, or a reproduction of such sound recording, is used directl for &roadcasting or for other communication to the pu&lic, or is pu&licl performed with the intention of ma!ing and enhancing profit, a single e+uita&le remuneration for the performer or performers, and the producer of the sound recording shall &e paid & the user to &oth the performers and the producer, who, in the a&sence of an agreement shall share e+uall . 3#ec. ',, P.5. 6o. '1a4 Section 2&0. Limitation of Right. - #ections 1/' and 1/( shall appl mutatis mutandis to the producer of sound recordings. 3#ec. '/, P.5. 6o. '1a4 CHAPTER XI' BROADCASTING ORGANIZATIONS Section 2&&. Scope of Right. - #u&0ect to the provisions of #ection 212, &roadcasting organi.ations shall en0o the e$clusive right to carr out, authori.e or prevent an of the following acts: 211.1. *he re&roadcasting of their &roadcasts" 211.2. *he recording in an manner, including the ma!ing of films or the use of video tape, of their &roadcasts for the purpose of communication to the pu&lic of television &roadcasts of the same" and 211.%. *he use of such records for fresh transmissions or for fresh recording. 3#ec. (2, P.5. 6o. '14

CHAPTER X' (IMITATIONS ON PROTECTION Section 2&2. Limitations on Rights. - #ections 20%, 20/ and 201 shall not appl where the acts referred to in those #ections are related to: 212.1. *he use & a natural person e$clusivel for his own personal purposes" 212.2. 9sing short e$cerpts for reporting current events" 212.%. 9se solel for the purpose of teaching or for scientific research" and 212.'. Fair use of the &roadcast su&0ect to the conditions under #ection 1/(. 3#ec. '', P.5. 6o. '1a4 CHAPTER X'I TERM OF PROTECTION Section 2&3. Term of Protection. - 21%.1. #u&0ect to the provisions of #u&sections 21%.2 to 21%.(, the cop right in wor!s under #ections 1,2 and 1,% shall &e protected during the life of the author and for fift 3(04 ears after his death. *his rule also applies to posthumous wor!s. 3#ec. 21, first sentence, P.5. 6o. '1a4 21%.2. 7n case of wor!s of 0oint authorship, the economic rights shall &e protected during the life of the last surviving author and for fift 3(04 ears after his death. 3#ec. 21, second sentence, P.5. 6o. '14 21%.%. 7n case of anon mous or pseudon mous wor!s, the cop right shall &e protected for fift 3(04 ears from the date on which the wor! was first lawfull pu&lished: Provided, *hat where, &efore the e$piration of the said period, the author8s identit is revealed or is no longer in dou&t, the provisions of #u&sections 21%.1. and 21%.2 shall appl , as the case ma &e: Provided, further, *hat such wor!s if not pu&lished &efore shall &e protected for fift 3(04 ears counted from the ma!ing of the wor!. 3#ec. 2%, P.5. 6o. '14 21%.'. 7n case of wor!s of applied art the protection shall &e for a period of twent -five 32(4 ears from the date of ma!ing. 3#ec. 2'3-4, P.5. 6o. '1a4 21%.(. 7n case of photographic wor!s, the protection shall &e for fift 3(04 ears from pu&lication of the wor! and, if unpu&lished, fift 3(04 ears from the ma!ing. 3#ec. 2'324, P.5. '1a4 21%.). 7n case of audio-visual wor!s including those produced & process analogous to photograph or an process for ma!ing audio-visual recordings, the term shall &e fift 3(04 ears from date of pu&lication and, if unpu&lished, from the date of ma!ing. 3#ec. 2'324, P.5. 6o. '1a4 Section 2& . Calculation of Term. - *he term of protection su&se+uent to the death of the author provided in the preceding #ection shall run from the date of his death or of pu&lication, &ut such

terms shall alwa s &e deemed to &egin on the first da of ;anuar of the ear following the event which gave rise to them. 3#ec. 2(, P.5. 6o. '14 Section 2&!. Term of Protection for Performers Producers and Broadcasting !rgani"ations. 21(.1. *he rights granted to performers and producers of sound recordings under this law shall e$pire: 3a4 For performances not incorporated in recordings, fift 3(04 ears from the end of the ear in which the performance too! place" and 3&4 For sound or image and sound recordings and for performances incorporated therein, fift 3(04 ears from the end of the ear in which the recording too! place. 21(.2. 7n case of &roadcasts, the term shall &e twent 3204 ears from the date the &roadcast too! place. *he e$tended term shall &e applied onl to old wor!s with su&sisting protection under the prior law. 3#ec. ((, P.5. 6o. '1a4 CHAPTER X'II INFRINGEMENT Section 2&". Remedies for #nfringement. - 21).1. An person infringing a right protected under this law shall &e lia&le: 3a4 *o an in0unction restraining such infringement. *he court ma also order the defendant to desist from an infringement, among others, to prevent the entr into the channels of commerce of imported goods that involve an infringement, immediatel after customs clearance of such goods. 3&4 Pa to the cop right proprietor or his assigns or heirs such actual damages, including legal costs and other e$penses, as he ma have incurred due to the infringement as well as the profits the infringer ma have made due to such infringement, and in proving profits the plaintiff shall &e re+uired to prove sales onl and the defendant shall &e re+uired to prove ever element of cost which he claims, or, in lieu of actual damages and profits, such damages which to the court shall appear to &e 0ust and shall not &e regarded as penalt . 3c4 5eliver under oath, for impounding during the pendenc of the action, upon such terms and conditions as the court ma prescri&e, sales invoices and other documents evidencing sales, all articles and their pac!aging alleged to infringe a cop right and implements for ma!ing them. 3d4 5eliver under oath for destruction without an compensation all infringing copies or devices, as well as all plates, molds, or other means for ma!ing such infringing copies as the court ma order.

3e4 #uch other terms and conditions, including the pa ment of moral and e$emplar damages, which the court ma deem proper, wise and e+uita&le and the destruction of infringing copies of the wor! even in the event of ac+uittal in a criminal case. 21).2. 7n an infringement action, the court shall also have the power to order the sei.ure and impounding of an article which ma serve as evidence in the court proceedings. 3#ec. 2/, P.5. 6o. '1a4 Section 2&#. Criminal Penalties. - 21,.1. An person infringing an right secured & provisions of Part 7< of this Act or aiding or a&etting such infringement shall &e guilt of a crime punisha&le & : 3a4 7mprisonment of one 314 ear to three 3%4 ears plus a fine ranging from Fift thousand pesos 3P(0,0004 to =ne hundred fift thousand pesos 3P1(0,0004 for the first offense. 3&4 7mprisonment of three 3%4 ears and one 314 da to si$ 3)4 ears plus a fine ranging from =ne hundred fift thousand pesos 3P1(0,0004 to Five hundred thousand pesos 3P(00,0004 for the second offense. 3c4 7mprisonment of si$ 3)4 ears and one 314 da to nine 314 ears plus a fine ranging from five hundred thousand pesos 3P(00,0004 to =ne million five hundred thousand pesos 3P1,(00,0004 for the third and su&se+uent offenses. 3d4 7n all cases, su&sidiar imprisonment in cases of insolvenc . 21,.2. 7n determining the num&er of ears 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 cop right owner has suffered & reason of the infringement. 21,.%. An person who at the time when cop right su&sists in a wor! has in his possession an article which he !nows, or ought to !now, to &e an infringing cop of the wor! for the purpose of: 3a4 #elling, letting for hire, or & wa of trade offering or e$posing for sale, or hire, the article" 3&4 5istri&uting the article for purpose of trade, or for an other purpose to an e$tent that will pre0udice the rights of the cop right owner in the wor!" or 3c4 *rade e$hi&it of the article in pu&lic, shall &e guilt of an offense and shall &e lia&le on conviction to imprisonment and fine as a&ove mentioned. 3#ec. 21, P.5. 6o. '1a4

Section 2&$. Affida$it %$idence. - 21/.1. 7n an action under this 2hapter, an affidavit made &efore a notar pu&lic & or on &ehalf of the owner of the cop right in an wor! or other su&0ect matter and stating that: 3a4 At the time specified therein, cop right su&sisted in the wor! or other su&0ect matter" 3&4 >e or the person named therein is the owner of the cop right" and 3c4 *he cop of the wor! or other su&0ect matter anne$ed thereto is a true cop thereof, shall &e admitted in evidence in an proceedings for an offense under this 2hapter and shall &e prima facie proof of the matters therein stated until the contrar is proved, and the court &efore which such affidavit is produced shall assume that the affidavit was made & or on &ehalf of the owner of the cop right. 21/.2. 7n an action under this 2hapter: 3a4 2op right shall &e presumed to su&sist in the wor! or other su&0ect matter to which the action relates if the defendant does not put in issue the +uestion whether cop right su&sists in the wor! or other su&0ect matter" and 3&4 ?here the su&sistence of the cop right is esta&lished, the plaintiff shall &e presumed to &e the owner of the cop right if he claims to &e the owner of the cop right and the defendant does not put in issue the +uestion of his ownership. 3c4 ?here the defendant, without good faith, puts in issue the +uestions of whether cop right su&sists in a wor! or other su&0ect matter to which the action relates, or the ownership of cop right in such wor! or su&0ect matter, there& occasioning unnecessar costs or dela in the proceedings, the court ma direct that an costs to the defendant in respect of the action shall not &e allowed & him and that an costs occasioned & the defendant to other parties shall &e paid & him to such other parties. 3n4 Section 2&%. Presumption of Authorship. - 211.1. *he natural person whose name is indicated on a wor! in the usual manner as the author shall, in the a&sence of proof to the contrar , &e presumed to &e the author of the wor!. *his provision shall &e applica&le even if the name is a pseudon m, where the pseudon m leaves no dou&t as to the identit of the author. 211.2. *he person or &od corporate whose name appears on a audio-visual wor! in the usual manner shall, in the a&sence of proof to the contrar , &e presumed to &e the ma!er of said wor!. 3n4 Section 220. #nternational Registration of &or's. - A statement concerning a wor!, recorded in an international register in accordance with an international treat to which the Philippines is or ma &ecome a part , shall &e construed as true until the contrar is proved e$cept: 220.1. ?here the statement cannot &e valid under this Act or an other law concerning intellectual propert .

220.2. ?here the statement is contradicted & another statement recorded in the international register. 3n4 CHAPTER X'III SCOPE OF APP(ICATION Section 22&. Points of Attachment for &or's under Sections ()* and ()+. - 221.1. *he protection afforded & this Act to cop righta&le wor!s under #ections 1,2 and 1,% shall appl to: 3a4 ?or!s of authors who are nationals of, or have their ha&itual residence in, the Philippines" 3&4 Audio-visual wor!s the producer of which has his head+uarters or ha&itual residence in the Philippines" 3c4 ?or!s of architecture erected in the Philippines or other artistic wor!s incorporated in a &uilding or other structure located in the Philippines" 3d4 ?or!s first pu&lished in the Philippines" and 3e4 ?or!s first pu&lished in another countr &ut also pu&lished in the Philippines within thirt da s, irrespective of the nationalit or residence of the authors. 221.2. *he provisions of this Act shall also appl to wor!s that are to &e protected & virtue of and in accordance with an international convention or other international agreement to which the Philippines is a part . 3n4 Section 222. Points of Attachment for Performers. - *he provisions of this Act on the protection of performers shall appl to: 222.1. Performers who are nationals of the Philippines" 222.2. Performers who are not nationals of the Philippines &ut whose performances: 3a4 *a!e place in the Philippines" or 3&4 Are incorporated in sound recordings that are protected under this Act" or 3c4 ?hich has not &een fi$ed in sound recording &ut are carried & &roadcast +ualif ing for protection under this Act. 3n4 Section 223. Points of Attachment for Sound Recordings. - *he provisions of this Act on the protection of sound recordings shall appl to: 22%.1. #ound recordings the producers of which are nationals of the Philippines" and

22%.2. #ound recordings that were first pu&lished in the Philippines. 3n4 Section 22 . Points of Attachment for Broadcasts. - 22'.1. *he provisions of this Act on the protection of &roadcasts shall appl to: 3a4 -roadcasts of &roadcasting organi.ations the head+uarters of which are situated in the Philippines" and 3&4 -roadcasts transmitted from transmitters situated in the Philippines. 22'.2. *he provisions of this Act shall also appl to performers who, and to producers of sound recordings and &roadcasting organi.ations which, are to &e protected & virtue of and in accordance with an international convention or other international agreement to which the Philippines is a part . 3n4 CHAPTER XIX INSTITUTION OF ACTIONS Section 22!. ,urisdiction. - ?ithout pre0udice to the provisions of #u&section ,.13c4, actions under this Act shall &e cogni.a&le & the courts with appropriate 0urisdiction under e$isting law. 3#ec. (,, P.5. 6o. '1a4 Section 22". Damages. - 6o damages ma &e recovered under this Act after four 3'4 ears from the time the cause of action arose. 3#ec. (/, P.5. 6o. '14 CHAPTER XX MISCE((ANEOUS PRO'ISIONS Section 22#. !-nership of Deposit and #nstruments. - All copies deposited and instruments in writing filed with the 6ational @i&rar and the #upreme 2ourt @i&rar in accordance with the provisions of this Act shall &ecome the propert of the Aovernment. 3#ec. )0, P.5. 6o. '14 Section 22$. Public Records. - *he section or division of the 6ational @i&rar and the #upreme 2ourt @i&rar charged with receiving copies and instruments deposited and with !eeping records re+uired under this Act and ever thing in it shall &e opened to pu&lic inspection. *he 5irector of the 6ational @i&rar is empowered to issue such safeguards and regulations as ma &e necessar to implement this #ection and other provisions of this Act. 3#ec. )1, P.5. 6o. '14 Section 22%. Cop.right Di$ision/ 0ees. - *he 2op right #ection of the 6ational @i&rar shall &e classified as a 5ivision upon the effectivit of this Act. *he 6ational @i&rar shall have the power to collect, for the discharge of its services under this Act, such fees as ma &e promulgated & it from time to time su&0ect to the approval of the 5epartment >ead. 3#ec. )2, P.5. '1a4