SEC 191. Deposit and Notice of Deposit with the National Library and the SECTION 1.
ECTION 1. Who May Apply. The owner or assignee of the copyright or
Supreme Court Library. At any time during the subsistence of the
copyright, the owner of the copyright or of any exclusive right in the work
may, for the purpose of completing the records of the National Library and
the Supreme Court Library, register and deposit with them, by personal
delivery or by registered mail, two (2) complete copies or reproductions of
the work in such form as the Directors of the said libraries may prescribe in
accordance with regulations: Provided, That only works in the field of law
shall be deposited with the Supreme Court Library. Such registration and
deposit is not a condition of copyright protection.
SECTION 192. Notice of Copyright. Each copy of a work published or
offered for sale may contain a notice bearing the name of the copyright
owner, and the year of its first publication, and, in copies produced after the
creator's death, the year of such death.
SECTION 227. Ownership of Deposit and Instruments. All copies
deposited and instruments in writing filed with the National Library and the
Supreme Court Library in accordance with the provisions of this Act shall
become the property of the Government. (Sec. 60, P.D. No. 49)
SECTION 228. Public Records. The section or division of the National
Library and the Supreme Court Library charged with receiving copies and
instruments deposited and with keeping records required under this Act and
everything in it shall be opened to public inspection. The Director of the
National Library is empowered to issue such safeguards and regulations as
may be necessary to implement this Section and other provisions of this Act.
(Sec. 61, P.D. No. 49)
SECTION 229. Copyright Division; Fees. The Copyright Section of the
National Library shall be classified as a Division upon the effectivity of this
Act. The National Library shall have the power to collect, for the discharge
of its services under this Act, such fees as may be promulgated by it from
time to time subject to the approval of the Department Head. (Sec. 62, P.D.
49a)
REGISTRATION AND DEPOSIT OF COPYRIGHT WORKS
RULE 5
Registration and Deposit of Work
his duly authorized agent or representative, may apply for a certificate of
registration and deposit of the work: Provided, That if an author could not
claim the benefit of copyright protection, his assignee or agent cannot claim
it. If the applicant is not the owner or author or assignee of the work, he shall
be required to submit his authority to apply.
An assignee is a person to whom an author may assign copyright in whole or
in part. The assignee is entitled to all the rights and remedies which the
assignor has with respect to the copyright. Although no copyright should
subsist in any work of the government, any employee may claim it by
submitting for registration any work that has been created during the time of
his employment but which does not form part of his regularly prescribed
official duties.
SECTION 2. Identification of Author or Authors. An application for
copyright certificate shall identify the author or authors, as far as practicable,
without prejudice to the provisions of Sections 171.2 and 179 of the IPC.
SECTION 3. Non-Resident Applicant. A non-resident applicant shall
appoint a resident agent, by special power of attorney (SPA), who shall be
authorized to pursue the copyright application for his/her/its behalf with TNL
and/or the SCL and to receive service of notice or other legal process relating
to the application and the copyright. In the event of death, absence or
incapacity of the resident agent, the applicant shall appoint a new resident
agent, by SPA with revocation of the prior SPA, and file notice and a copy
thereof with TNL and/or the SCL.
SECTION 4. Works That Shall Be Registered and Deposited. Two (2)
copies or reproductions of the following classes of works, and transfers and
assignments related thereto, shall be registered and deposited with TNL
Copyright Division and another two (2) copies with the SCL:
Books, pamphlets, articles and other writings;
Periodicals and newspapers;
Lectures, sermons, addresses, dissertations prepared for oral delivery
whether or not reduced in writing or other material form;
Letters;
 Musical compositions with or without words.
SECTION 5. Replicas and Pictures. For practical purposes, only replicas
and pictures of the following classes of works, shall be registered and
deposited with TNL Copyright Division:
Works of drawing, painting, architecture, sculpture, engraving, lithography
or other works of art, models or designs for works of art;
Original ornamental designs or models for articles of manufacture, whether
or not registerable as an industrial design, and other works of applied art;
Illustrations, maps, plans, sketches, charts and three-dimensional works
relative to geography, topography, architecture or science;
Drawings or plastic works of a scientific or technical character.
SECTION 6. Works that May be Registered and Deposited. The
following works may be registered and deposited:
Dramatic or dramatic-musical compositions, choreographic works or
entertainment in shows;
Photographic works including works produced by a process analogous to
photography, lantern slides;
Audiovisual works and cinematographic works and works produced by a
process analogous to cinematography or any process for making audio-visual
recordings;
Pictorial illustrations and advertisements;
Computer programs;
Other literary, scholarly, scientific and artistic works;
Sound recordings;
Broadcast recordings.
SECTION 7. When to Register and Deposit. The registration and deposit
of copies or reproductions of the work or works, using the prescribed form,
shall be made personally or by registered mail within three (3) weeks after
the first public dissemination or publication as authorized by the author.
SECTION 218. Affidavit Evidence.
218.1. In an action under this Chapter, an affidavit made before a notary
public by or on behalf of the owner of the copyright in any work or other
subject matter and stating that:
a. At the time specified therein, copyright subsisted in the work or other
subject matter;
b. He or the person named therein is the owner of the copyright; and
c. The copy of the work or other subject matter annexed thereto is a true copy
thereof.
The affidavit shall be admitted in evidence in any proceedings under this
Chapter and shall be prima facie proof of the matters therein stated until the
contrary is proved, and the court before which such affidavit is produced
shall assume that the affidavit was made by or on behalf of the owner of the
copyright.
SECTION 219. Presumption of Authorship.
219.1. The natural person whose name is indicated on a work in the usual
manner as the author shall, in the absence of proof to the contrary, be
presumed to be the author of the work. This provision shall be applicable
even if the name is a pseudonym, where the pseudonym leaves no doubt as to
the identity of the author.
219.2. The person or body corporate whose name appears on an audiovisual
work in the usual manner shall, in the absence of proof to the contrary, be
presumed to be the maker of said work. (n)
SECTION 220. International Registration of Works. A statement
concerning a work, recorded in an international register in accordance with
an international treaty to which the Philippines is or may become a party,
shall be construed as true until the contrary is proved except:
220.1. Where the statement cannot be valid under this Act or any other law
concerning intellectual property.
220.2. Where the statement is contradicted by another statement recorded in
the international register. (n)
SEC. 220A. Disclosure of Information. Where any article or its packaging
or an implement for making it is seized or detained under a valid search and
seizure under this Act is, or is reasonably suspected to be, by an authorized
enforcement officer, in violation of this Act, the said officer, shall, wherever
reasonably practicable, notify the owner of the copyright in question or his
authorized agent of the seizure or detention, as the case may be.
SECTION 171. Definitions. For the purpose of this Act, the following
terms have the following meaning:
171.10.A "work of applied art" is an artistic creation with utilitarian
functions or incorporated in a useful article, whether made by hand or
produced on an industrial scale;
SECTION 172. Literary 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.
SECTION 173. Derivative Works.
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.
SECTION 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.
Works Not Protected SECTION 175. Unprotected Subject Matter.
Notwithstanding the provisions of Sections 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)
SECTION 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 for 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)
Ownership of Copyright
SECTION 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
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; 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)
SECTION 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 doubt as to the author's identity, or if the author of the
anonymous works discloses his identity.
SECTION 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)
SECTION 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)
SECTION 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)