Beruflich Dokumente
Kultur Dokumente
COPYRIGHT
AND
RELATED
RIGHTS
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
2.1 Subject
Matter
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;
Section
241,
Intellectual
property
Code
(“IPC”)
177.6.
Public
performance
of
the
work;
and
177.7.
Other
communication
to
the
public
of
the
work
Effectivity.
-‐
This
Act
shall
take
effect
on
1
January
1998.
Rule
2,
Copyright
Safeguards
and
Regulations
Section
239.3,
IPC
Definition
of
Terms
For
the
purpose
of
these
Copyright
Safeguards
and
The
provisions
of
the
IP
Code
shall
apply
to
works
in
which
copyright
protection
Regulations,
the
following
terms
are
herein
defined:
obtained
prior
to
the
effectivity
of
this
Act
is
subsisting:
Provided,
that
the
application
of
this
Act
shall
not
result
in
the
diminution
of
such
protection.
Author
is
the
natural
person
who
has
created
the
work;
Collective
work
is
work,
which
has
been
created
by
two
(2)
or
more
natural
persons
at
the
initiative
and
Section
236,
IPC
under
the
direction
of
another
with
the
understanding
that
it
will
be
disclosed
by
the
latter
under
his
own
name
and
that
contributing
natural
persons
will
not
be
Preservation
of
Existing
Rights.
-‐
Nothing
herein
shall
adversely
affect
the
rights
identified;
on
the
enforcement
of
rights
in
patents,
utility
models,
industrial
designs,
marks
and
works,
acquired
in
good
faith
prior
to
the
effective
date
of
this
Act.
Communication
to
the
public
or
communicate
to
the
public
means
the
making
of
a
work
available
to
the
public
by
wire
or
wireless
means
in
such
a
way
that
2.2 Definition
of
Copyright
members
of
the
public
may
access
these
works
from
a
place
and
time
individually
chosen
by
them;
Section
177,
IPC
Computer
program
is
a
set
of
instructions
capable,
when
incorporated
in
Sec.
177.
Copy
or
Economic
Rights.
-‐
Subject
to
the
provisions
of
Chapter
VIII,
machine-‐readable
medium,
of
causing
a
machine
having
information-‐processing
copyright
or
economic
rights
shall
consist
of
the
exclusive
right
to
carry
out,
capabilities,
to
indicate,
perform,
or
achieve
a
particular
function,
task,
or
result;
authorize
or
prevent
the
following
acts:
Copyright
is
a
right
granted
by
statute
to
the
author
or
originator
of
literary,
scholarly,
scientific,
or
artistic
productions,
including
computer
programs.
A
177.1.
Reproduction
of
the
work
or
substantial
portion
of
the
work;
copyright
gives
him
the
legal
right
to
determine
how
the
work
is
used
and
to
177.2
Dramatization,
translation,
adaptation,
abridgment,
arrangement
or
other
obtain
economic
benefits
from
the
work.
For
example,
the
owner
of
a
copyright
transformation
of
the
work;
for
a
book
or
a
piece
of
software
has
the
exclusive
rights
to
use,
copy,
distribute,
177.3.
The
first
public
distribution
of
the
original
and
each
copy
of
the
work
by
and
sell
copies
of
the
work,
including
later
editions
or
versions
of
the
work.
If
sale
or
other
forms
of
transfer
of
ownership;
another
person
improperly
uses
material
covered
by
a
copyright,
the
copyright
177.4.
Rental
of
the
original
or
a
copy
of
an
audiovisual
or
cinematographic
work,
owner
can
obtain
legal
relief;
And
in
the
case
of
a
sound
recording,
the
making
of
the
recorded
sounds
audible
Copyright
Office
refers
to
the
Copyright
Division
of
the
National
Library;
at
a
place
or
at
places
where
persons
outside
the
normal
circle
of
a
family
and
that
family’s
closed
social
acquaintances
are
or
can
be
present,
irrespective
of
Copyright
symbol
is
represented
by
©;
whether
they
are
or
can
be
present
at
the
same
place
and
at
the
same
time,
or
at
different
places
and/or
different
times,
and
where
the
performance
can
be
Date
of
publication
is
the
earliest
date
when
a
copy
of
the
first
authorized
perceived
without
the
need
for
communication
within
the
meaning
of
edition
of
the
work
was
placed
on
sale,
sold,
distributed,
or
otherwise
made
“communication
to
the
public”
defined
above;
Published
work
means
work
available
to
the
public,
by
the
copyright
owner
or
his
representative;
which,
with
the
consent
of
the
author,
is
made
available
to
the
public
by
wire
or
wireless
means
in
such
a
way
that
members
of
the
public
may
access
the
work
Decompilation
means
the
reproduction
of
the
code
and
the
translation
of
the
from
a
place
and
time
individually
chosen
by
them:
Provided,
That
availability
of
forms
of
a
computer
program
to
achieve
the
inter-‐operability
of
an
such
copies
has
been
such
as
to
satisfy
the
reasonable
requirements
of
the
independently-‐created
computer
program
with
other
programs;
public,
having
regard
to
the
nature
of
the
work;
Publisher
is
one
who
produces
and
makes
available
for
circulation
or
distribution
the
published
work;
Exhibition
of
an
audiovisual
work
means
any
form
of
exploitation
of
a
work,
including
its
distribution
in
copies,
its
public
performance,
and
its
communication
Rental
is
the
transfer
of
the
possession
of
the
original
or
a
copy
of
a
work
or
to
the
public,
including
broadcast
or
rebroadcast,
cable
retransmission,
or
multimedia
for
a
limited
period
of
time,
for
profit-‐making
purposes;
satellite
broadcast
or
transmission;
Fee
refers
to
the
amount
prescribed
by
The
National
Library
for
the
issuance
of
a
Certificate
of
Registration
and
Deposit
to
Reproduction
is
the
making
of
one
(1)
or
more
copies
of
a
work,
including
claim
copyright
or
for
the
filing
of
assignment
or
license,
or
for
such
other
multimedia,
in
any
manner
or
form.
A
reprographic
reproduction,
as
authorized
services
or
transactions
as
may
be
covered
by
these
Copyright
Safeguards
and
under
certain
circumstances
by
the
IPC,
does
not
include
a
digital
or
machine-‐
Regulations;
readable
copy,
but
is
limited
to
photography,
xerography
and
similar
processes,
resulting
in
a
paper
or
microform
copy;
Performance
symbol
is
represented
by
p;
Reprographic
right
is
one
exercisable
anywhere
to
reproduce
or
authorize
the
Public
lending
is
the
transfer
of
possession
of
the
original
or
a
copy
of
a
work
or
reproduction
of
the
work
by
means
of
any
appliance
or
process
capable
of
multimedia
for
a
limited
period,
for
non-‐profit
purposes,
by
an
institution
the
producing
multiple
copies
of
the
work
in
such
a
form
that
the
work
may
be
services
of
which
are
available
to
the
public,
such
as
a
public
library
or
archive;
perceived
visually.
Reprography
and
other
forms
of
reproduction
require
the
permission
of
the
copyright
holder;
SAR
shall
refer
to
these
Copyright
Public
performance
is
the
recitation,
playing,
dancing,
acting
or
any
performance
Safeguards
and
Regulations
issued
pursuant
to
the
IPC;
SCL
refers
to
the
Library
of
the
work,
either
directly
or
by
means
of
any
device
or
process;
of
the
Supreme
Court
of
the
Republic
of
the
Philippines;
TNL
refers
to
The
National
Library
of
the
Republic
of
the
Philippines;
In
the
case
of
an
audiovisual
work,
the
broadcast
or
showing
of
its
images
in
sequence
and
the
making
of
the
sounds
accompanying
it
audible;
TNL
Director
refers
to
the
head
of
The
National
Library
of
the
Republic
of
the
Philippines;
Unpublished
work
means
work
that
has
not
been
disseminated,
circulated
or
distributed
to
the
public
prior
to
its
registration
with
the
Copyright
Office;
2.3 Standard
for
Copyright
Protection
Work
refers
to
any
original
work,
derivative
work,
performance
of
producers,
Section
172.1,
IPC
sound
recording,
or
recording
of
broadcasting
organizations.
Derivative
work
is
work
that
is
derived
from
another
work;
172.1
Literary
and
artistic
works,
hereinafter
referred
to
as
"works",
are
original
intellectual
creations
in
the
literary
and
artistic
domain
protected
from
the
Work
of
applied
art
is
an
artistic
creation
with
utilitarian
functions,
or
moment
of
their
creation
and
shall
include
in
particular:
incorporated
in
a
useful
article,
whether
made
by
hand
or
produced
on
an
industrial
scale;
(a)
Books,
pamphlets,
articles
and
other
writings;
(b)
Periodicals
and
newspapers;
Work
of
the
Government
of
the
Philippines
is
work
created
by
an
officer
or
(c)
Lectures,
sermons,
addresses,
dissertations
prepared
for
oral
delivery,
employee
of
the
Philippine
Government
or
any
of
its
subdivisions
and
whether
or
not
reduced
in
writing
or
other
material
form;
instrumentalities,
including
government-‐owned
or
controlled
corporations,
as
(d)
Letters;
part
of
his
regularly
prescribed
official
duties.
(e)
Dramatic
or
dramatico-‐musical
compositions;
choreographic
works
or
entertainment
in
dumb
shows;
Rules
11-‐12,
Copyright
Safeguards
and
Regulations
(f)
Musical
compositions,
with
or
without
words;
(g)
Works
of
drawing,
painting,
architecture,
sculpture,
engraving,
lithography
or
Rule
11
Communication
to
the
Public
of
Copyrighted
Works
other
works
of
art;
models
or
designs
for
works
of
art;
(h)
Original
ornamental
designs
or
models
for
articles
of
manufacture,
whether
SECTION
1.
Communication
to
the
Public
of
Copyrighted
Work.
—
or
not
registrable
as
an
industrial
design,
and
other
works
of
applied
art;
“Communication
to
the
public”
or
“communicate
to
the
public,”
also
includes
(i)
Illustrations,
maps,
plans,
sketches,
charts
and
three-‐dimensional
works
point-‐to-‐point
transmission
of
a
work,
including
video
on
demand,
and
providing
relative
to
geography,
topography,
architecture
or
science;
access
to
an
electronic
retrieval
system,
such
as
computer
databases,
servers,
or
(j)
Drawings
or
plastic
works
of
a
scientific
or
technical
character;
similar
electronic
storage
devices.
Broadcasting,
rebroadcasting,
retransmission
(k)
Photographic
works
including
works
produced
by
a
process
analogous
to
by
cable,
and
broadcast
and
retransmission
by
satellite
are
all
acts
of
photography;
lantern
slides;
“communication
to
the
public”
within
the
meaning
of
the
IPC.
(l)
Audiovisual
works
and
cinematographic
works
and
works
produced
by
a
process
analogous
to
cinematography
or
any
process
for
making
audio-‐visual
Rule
12
First
Public
Distribution
of
Work
recordings;
(m)
Pictorial
illustrations
and
advertisements;
SECTION
1.
First
Public
Distribution
of
Work.
—
An
exclusive
right
of
first
(n)
Computer
programs;
and
distribution
of
work
includes
all
acts
involving
distribution,
specifically
including
(o)
Other
literary,
scholarly,
scientific
and
artistic
works.
the
first
importation
of
an
original
and
each
copy
of
the
work
into
the
jurisdiction
of
the
Republic
of
the
Philippines.
Section
172.2,
IPC
Intellectual
creation
should
be
copyrighted
30
days
after
its
publication,
if
made
Works
are
protected
by
the
sole
fact
of
their
creation,
irrespective
of
their
mode
in
Manila
and
60
if
published
elsewhere.
Failure
to
do
so
will
render
such
or
form
of
expression,
as
well
as
of
their
content,
quality
and
purpose.
creation
as
public
property.
(Filipino
Society
of
Composers
v.
Benjamin
Tan,
1987)
A
person
to
be
entitled
to
a
copyright
must
be
the
original
creator
of
the
work.
He
must
have
created
it
by
his
own
skill,
labor,
and
the
judgment
without
directly
Sec.
2,
PD
49
copying
evasively
imitating
the
work
of
another.
The
grant
of
preliminary
injunction
in
copyright
cases
depends
chiefly
on
the
extent
of
doubt
on
the
Section
2.
The
Rights
granted
by
this
Decree
shall,
from
the
moment
of
creation,
validity
of
the
copyright,
existence
of
infringement,
and
the
damage
sustained
by
subsist
with
respect
to
any
of
the
following
classes
of
works:
such
infringement.
If
you
file
a
case
for
infringement,
it
stands
as
a
bar
to
a
subsequent
case
for
copyright
registration.
(Ching
Kian
Chuan
v.
CA,
2001)
(A)
Books,
including
composite
and
encyclopedic
works,
manuscripts,
directories,
and
gazetteers;
Infringement
of
trademark
did
not
require
exact
similarity.
Colorable
imitation
(B)
Periodicals,
including
pamphlets
and
newspapers;
enough
to
cause
confusion
among
the
public
was
sufficient
for
a
trademark
to
be
(C)
Lectures,
sermons,
addresses,
dissertations
prepared
for
oral
delivery;
infringed.
The
essence
of
copyright
registration
is
originality
and
a
copied
design
(D)
Letters;
is
inherently
non-‐copyrightable.
To
be
entitled
to
copyright,
the
thing
being
(E)
Dramatic
or
dramatico-‐musical
compositions;
choreographic
works
and
copyrighted
must
be
1)
original
2)
created
by
the
author
through
his
own
skill,
entertainments
in
dumb
shows,
the
acting
form
of
which
is
fixed
in
writing
or
labor,
and
judgment,
without
directly
copying
or
evasively
imitating
the
work
of
otherwise;
another.
(Sambar
v.
Levi
Strauss,
2002)
(F)
Musical
compositions,
with
or
without
words;
(G)
Works
of
drawing,
painting,
architecture,
sculpture,
engraving,
lithography,
2.4 When
does
Copyright
vest?
and
other
works
of
art;
models
or
designs
for
works
of
art;
(H)
Reproductions
of
a
work
of
art;
Ownership
vests
from
the
moment
of
its
creation.
(Peralta)
(I)
Original
ornamental
designs
or
models
for
articles
of
manufacture,
whether
or
not
patentable,
and
other
works
of
applied
art;
Intellectual
creation
should
be
copyrighted
30
days
after
its
publication,
if
made
(J)
Maps,
plans,
sketches,
and
charts;
in
Manila,
or
within
60
days
if
made
elsewhere.
Author
of
a
Chirstmas
card
(K)
Drawings,
or
plastic
works
of
a
scientific
or
technical
character;
design
is
the
owner
thereof
and
entitled
to
payment
for
its
use,
but
once
(L)
Photographic
works
and
works
produced
by
a
process
analogous
to
published
and
he
has
failed
to
copyright
the
same,
anyone
may
use
those
photography;
lantern
slides;
designs.
(Santos
v.
McCullough
Printing
Co.,
1964)
(M)
Cinematographic
works
and
works
produced
by
a
process
analogous
to
cinematography
or
any
process
for
making
audio-‐visual
recordings;
Peralta
on
Santos
v.
McCullough
Printing:
(N)
Computer
programs;
1. Registration
is
only
meant
to
protect
the
author’s
copyright.
But
(O)
Prints,
pictorial,
illustration,
advertising
copies,
labels,
tags,
and
box
wraps;
ownership
vest
on
the
author
from
the
moment
of
creation.
(P)
Dramatization,
translations,
adaptations,
abridgements,
arrangements
and
other
alterations
of
literary,
musical
or
artistic
works
or
of
works
of
the
Philippine
Government
as
herein
defined,
which
shall
be
protected
as
provided
in
Section
8
to
the
required
fee
per
month
of
delay
and
to
pay
to
TNL
and
SCL
the
amount
of
of
this
Decree.
the
retail
price
of
the
best
edition
of
the
work.
(Q)
Collection
of
literary,
scholarly,
or
artistic
works
or
of
works
referred
to
in
Section
9
of
this
Decree
which
by
reason
of
the
selection
and
arrangement
of
SECTION
4.
Other
Laws.
—
Upon
issuance
of
a
certificate
of
deposit,
the
their
contents
constitute
intellectual
creations,
the
same
to
be
protected
as
such
copyright
owner
shall
be
exempt
from
making
additional
deposits
of
the
work
in
accordance
with
Section
8
of
this
Decree.
with
TNL
or
the
SCL
under
other
laws.
(R)
Other
literary,
scholarly,
scientific
and
artistic
works.
2.5 Scope
of
Copyright
Article
5(2),
Berne
convention
for
the
Protection
of
Literacy
and
Artistic
Works
Article
2,
Berne
convention
for
the
Protection
of
Literacy
and
Artistic
and
Artistic
Article
5(2).
The
enjoyment
and
the
exercise
of
these
rights
shall
not
be
subject
Works
to
any
formality;
such
enjoyment
and
such
exercise
shall
be
independent
of
the
existence
of
protection
in
the
country
of
origin
of
the
work.
Consequently,
apart
Article
2
from
the
provisions
of
this
Convention,
the
extent
of
protection,
as
well
as
the
[Protected
Works:
1.
“Literary
and
artistic
works”;
2.
Possible
requirement
of
means
of
redress
afforded
to
the
author
to
protect
his
rights,
shall
be
governed
fixation;
3.
Derivative
works;
4.
Official
texts;
5.
Collections;
6.
Obligation
to
exclusively
by
the
laws
of
the
country
where
protection
is
claimed.
protect;
beneficiaries
of
protection;
7.
Works
of
applied
art
and
industrial
designs;
8.
News]
Section
172
and
172.2,
IPC
(1)
The
expression
“literary
and
artistic
works”
shall
include
every
production
in
Works
are
protected
by
the
sole
fact
of
their
creation,
irrespective
of
their
mode
the
literary,
scientific
and
artistic
domain,
whatever
may
be
the
mode
or
form
of
or
form
of
expression,
as
well
as
of
their
content,
quality
and
purpose.
its
expression,
such
as
books,
pamphlets
and
other
writings;
lectures,
addresses,
sermons
and
other
works
of
the
same
nature;
dramatic
or
dramatico-‐
musical
Rule
7,
Sections
2-‐4,
Copyright
Safeguards
and
Regulations
works;
choreographic
works
and
entertainments
in
dumb
show;
musical
compositions
with
or
without
words;
cinematographic
works
to
which
are
SECTION
2.
Effects
of
Registration
and
Deposit
of
Work.
—
The
registration
and
assimilated
works
expressed
by
a
process
analogous
to
cinematography;
works
deposit
of
the
work
is
purely
for
recording
the
date
of
registration
and
deposit
of
of
drawing,
painting,
architecture,
sculpture,
engraving
and
lithography;
the
work
and
shall
not
be
conclusive
as
to
copyright
ownership
or
the
term
of
photographic
works
to
which
are
assimilated
works
expressed
by
a
process
copyrights
or
the
rights
of
the
copyright
owner,
including
neighboring
rights.
analogous
to
photography;
works
of
applied
art;
illustrations,
maps,
plans,
sketches
and
three-‐dimensional
works
relative
to
geography,
topography,
SECTION
3.
Effect
of
Non-‐Registration
and
Deposit.
—
If,
within
three
(3)
weeks
architecture
or
science.
after
receipt
by
the
copyright
owner
of
a
written
demand
from
TNL
and/or
SCL
(2)
It
shall,
however,
be
a
matter
for
legislation
in
the
countries
of
the
Union
to
for
the
deposit
of
a
work
listed
in
Rule
5
Sec.
4
of
this
SAR,
the
required
copies
prescribe
that
works
in
general
or
any
specified
categories
of
works
shall
not
be
are
not
delivered
and
the
fee
for
registration
and
deposit
is
not
paid,
the
protected
unless
they
have
been
fixed
in
some
material
form.
copyright
owner,
his
assignee,
or
his
agent
shall
be
liable
to
pay
a
fine
equivalent
(3)
Translations,
adaptations,
arrangements
of
music
and
other
alterations
of
a
literary
or
artistic
work
shall
be
protected
as
original
works
without
prejudice
to
same
nature
which
are
delivered
in
public
may
be
reproduced
by
the
press,
the
copyright
in
the
original
work.
broadcast,
communicated
to
the
public
by
wire
and
made
the
subject
of
public
(4)
It
shall
be
a
matter
for
legislation
in
the
countries
of
the
Union
to
determine
communication
as
envisaged
in
Article
11bis(1)
of
this
Convention,
when
such
the
protection
to
be
granted
to
official
texts
of
a
legislative,
administrative
and
use
is
justified
by
the
informatory
purpose.
legal
nature,
and
to
official
translations
of
such
texts.
(3)
Nevertheless,
the
author
shall
enjoy
the
exclusive
right
of
making
a
collection
(5)
Collections
of
literary
or
artistic
works
such
as
encyclopaedias
and
anthologies
of
his
works
mentioned
in
the
preceding
paragraphs.
which,
by
reason
of
the
selection
and
arrangement
of
their
contents,
constitute
intellectual
creations
shall
be
protected
as
such,
without
prejudice
to
the
Sections
172,
172.2,
173.2,
174,
IPC
copyright
in
each
of
the
works
forming
part
of
such
collections.
(6)
The
works
mentioned
in
this
Article
shall
enjoy
protection
in
all
countries
of
172.2.
Works
are
protected
by
the
sole
fact
of
their
creation,
irrespective
of
their
the
Union.
This
protection
shall
operate
for
the
benefit
of
the
author
and
his
mode
or
form
of
expression,
as
well
as
of
their
content,
quality
and
purpose.
successors
in
title.
(7)
Subject
to
the
provisions
of
Article
7(4)
of
this
Convention,
it
shall
be
a
matter
173.1.
The
following
derivative
works
shall
also
be
protected
by
copyright:
for
legislation
in
the
countries
of
the
Union
to
determine
the
extent
of
the
(a)
Dramatizations,
translations,
adaptations,
abridgments,
arrangements,
and
application
of
their
laws
to
works
of
applied
art
and
industrial
designs
and
other
alterations
of
literary
or
artistic
works;
and
models,
as
well
as
the
conditions
under
which
such
works,
designs
and
models
(b)
Collections
of
literary,
scholarly
or
artistic
works,
and
compilations
of
data
shall
be
protected.
Works
protected
in
the
country
of
origin
solely
as
designs
and
and
other
materials
which
are
original
by
reason
of
the
selection
or
coordination
models
shall
be
entitled
in
another
country
of
the
Union
only
to
such
special
or
arrangement
of
their
contents.
protection
as
is
granted
in
that
country
to
designs
and
models;
however,
if
no
such
special
protection
is
granted
in
that
country,
such
works
shall
be
protected
173.2.
The
works
referred
to
in
paragraphs
(a)
and
(b)
of
Subsection
173.1
shall
as
artistic
works.
be
protected
as
a
new
works:
Provided
however,
That
such
new
work
shall
not
(8)
The
protection
of
this
Convention
shall
not
apply
to
news
of
the
day
or
to
affect
the
force
of
any
subsisting
copyright
upon
the
original
works
employed
or
miscellaneous
facts
having
the
character
of
mere
items
of
press
information.
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.
Article
2bis
[Possible
Limitation
of
Protection
of
Certain
Works:
1.
Certain
speeches;
2.
Sec.
174.
Published
Edition
of
Work.
-‐
In
addition
to
the
right
to
publish
granted
Certain
uses
of
lectures
and
addresses;
3.
Right
to
make
collections
of
such
by
the
author,
his
heirs
or
assigns,
the
publisher
shall
have
a
copy
right
consisting
works]
merely
of
the
right
of
reproduction
of
the
typographical
arrangement
of
the
published
edition
of
the
work.
(n)
(1)
It
shall
be
a
matter
for
legislation
in
the
countries
of
the
Union
to
exclude,
wholly
or
in
part,
from
the
protection
provided
by
the
preceding
Article
political
Section
175,
IPC
speeches
and
speeches
delivered
in
the
course
of
legal
proceedings.
(2)
It
shall
also
be
a
matter
for
legislation
in
the
countries
of
the
Union
to
Sec.
175.
Unprotected
Subject
Matter.
-‐
Notwithstanding
the
provisions
of
determine
the
conditions
under
which
lectures,
addresses
and
other
works
of
the
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
Sec.
2
of
PD
49
provides
that
the
rights
granted
by
this
Decree
shall,
from
the
work;
news
of
the
day
and
other
miscellaneous
facts
having
the
character
of
moment
of
creation,
subsist
with
respect
to
any
of
the
following
classes
of
works:
mere
items
of
press
information;
or
any
official
text
of
a
legislative,
(o)
Prints,
pictorial
illustrations,
advertising
copies,
labels,
tags,
and
box
wraps.
administrative
or
legal
nature,
as
well
as
any
official
translation
thereof.
(n)
Charlie
Brown
falls
under
letter
(o)
of
Sec.
2
of
PD
49.
Therefore,
since
the
name
Charlie
Brown
and
its
pictorial
representation
were
covered
by
a
copyright
Section
176,
IPC
registration
way
back
in
1950
the
same
are
entitled
under
PD
49.
(United
Features
Syndicate
v.
Munsingwear,
1989)
Sec.
176.
Works
of
the
Government.
-‐
Facts
and
information
are
not
copyrightable
but
rather
its
factual
compilation.
It
176.1.
No
copyright
shall
subsist
in
any
work
of
the
Government
of
the
requires
1)
ownership
of
valid
copyright
and
2)
copying
of
constituent
elements
Philippines.
However,
prior
approval
of
the
government
agency
or
office
wherein
of
the
work
that
are
original.
THe
sine
qua
non
of
copyright
is
originality.
The
the
work
is
created
shall
be
necessary
for
exploitation
of
such
work
for
profit.
standard
of
creativity,
however,
is
low.
(Feist
Publications,
Inc.
v.
Rural
Tel.
Such
agency
or
office
may,
among
other
things,
impose
as
a
condition
the
Service
Co.)
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,
2.6 Who
owns
Copyright?
sermons,
addresses,
and
dissertations,
pronounced,
read
or
rendered
in
courts
of
Sec.
178
and
179(and
its
subparagraphs),
Sec.
179,
Sec.
174,
IPC
justice,
before
administrative
agencies,
in
deliberative
assemblies
and
in
meetings
of
public
character.
Sec.
178.
Rules
on
Copyright
Ownership.
-‐
Copyright
ownership
shall
be
governed
by
the
following
rules:
176.2.
The
Author
of
speeches,
lectures,
sermons,
addresses,
and
dissertations
mentioned
in
the
preceding
paragraphs
shall
have
the
exclusive
right
of
making
a
178.1.
Subject
to
the
provisions
of
this
section,
in
the
case
of
original
literary
and
collection
of
his
works.
(n)
artistic
works,
copyright
shall
belong
to
the
author
of
the
work;
176.3.
Notwithstanding
the
foregoing
provisions,
the
Government
is
not
178.2.
In
the
case
of
works
of
joint
authorship,
the
co-‐authors
shall
be
the
precluded
from
receiving
and
holding
copyrights
transferred
to
it
by
assignment,
original
owners
of
the
copyright
and
in
the
absence
of
agreement,
their
rights
bequest
or
otherwise;
nor
shall
publication
or
republication
by
the
government
shall
be
governed
by
the
rules
on
co-‐ownership.
If,
however,
a
work
of
joint
in
a
public
document
of
any
work
in
which
copy
right
is
subsisting
be
taken
to
authorship
consists
of
parts
that
can
be
used
separately
and
the
author
of
each
cause
any
abridgment
or
annulment
of
the
copyright
or
to
authorize
any
use
or
part
can
be
identified,
the
author
of
each
part
shall
be
the
original
owner
of
the
appropriation
of
such
work
without
the
consent
of
the
copyright
owners.
copyright
in
the
part
that
he
has
created;
Section
2
of
PD
49,
enumerates
the
classes
of
work
entitled
to
copyright
178.3.
In
the
case
of
work
created
by
an
author
during
and
in
the
course
of
his
protection.
It
does
not
include
the
format
or
mechanics
of
a
television
show.
employment,
the
copyright
shall
belong
to:
(Joaquin
v.
Drilon,
1999)
(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
publication
of
the
same.
Once
their
works
are
published,
their
rights
are
employer.
governed
by
the
Copyright
laws.
(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
The
painter,
sculptor
or
other
artist
shall
have
dominion
over
the
product
of
his
contrary.
art
even
before
it
is
copyrighted.
178.4.
In
the
case
of
a
work-‐commissioned
by
a
person
other
than
an
employer
The
scientist
or
technologist
has
the
ownership
of
his
discovery
or
invention
even
of
the
author
and
who
pays
for
it
and
the
work
is
made
in
pursuance
of
the
before
it
is
patented.
(n)
commission,
the
person
who
so
commissioned
the
work
shall
have
ownership
of
work,
but
the
copyright
thereto
shall
remain
with
the
creator,
unless
there
is
a
Art.
723.
Letters
and
other
private
communications
in
writing
are
owned
by
the
written
stipulation
to
the
contrary;
person
to
whom
they
are
addressed
and
delivered,
but
they
cannot
be
published
or
disseminated
without
the
consent
of
the
writer
or
his
heirs.
However,
the
178.5.
In
the
case
of
audiovisual
work,
the
copyright
shall
belong
to
the
court
may
authorize
their
publication
or
dissemination
if
the
public
good
or
the
producer,
the
author
of
the
scenario,
the
composer
of
the
music,
the
film
interest
of
justice
so
requires.
(n)
director,
and
the
author
of
the
work
so
adapted.
However,
subject
to
contrary
or
other
stipulations
among
the
creators,
the
producers
shall
exercise
the
copyright
Article
520
of
the
Civil
Code
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
Art.
520.
A
trade-‐mark
or
trade-‐name
duly
registered
in
the
proper
government
compositions,
with
or
without
words,
which
are
incorporated
into
the
work;
and
bureau
or
office
is
owned
by
and
pertains
to
the
person,
corporation,
or
firm
registering
the
same,
subject
to
the
provisions
of
special
laws.
(n)
178.6.
In
respect
of
letters,
the
copyright
shall
belong
to
the
writer
subject
to
the
provisions
of
Article
723
of
the
Civil
Code.
2.7
Duration
of
Copyright
Sec.
179.
Anonymous
and
Pseudonymous
Works.
-‐
For
purposes
of
this
Act,
the
Articles
7
and
7bis,
Berne
Convention
for
the
Protection
of
Literary
and
Artistic
publishers
shall
be
deemed
to
represent
the
authors
of
articles
and
other
Works
writings
published
without
the
names
of
the
authors
or
under
pseudonyms,
unless
the
contrary
appears,
or
the
pseudonyms
or
adopted
name
leaves
no
Article
7
doubts
as
to
the
author’s
identity,
or
if
the
author
of
the
anonymous
works
[Term
of
Protection:
1.
Generally;
2.
For
cinematographic
works;
3.
For
discloses
his
identity.
anonymous
and
pseudonymous
works;
4.
For
photographic
works
and
works
of
applied
art;
5.
Starting
date
of
computation;
6.
Longer
terms;
7.
Shorter
terms;
8.
Article
722
and
723,
Civil
Code
Applicable
law;
“comparison”
of
terms]
(1)
The
term
of
protection
granted
by
this
Convention
shall
be
the
life
of
the
Art.
722.
The
author
and
the
composer,
mentioned
in
Nos.
1
and
2
of
the
author
and
fifty
years
after
his
death.
preceding
article,
shall
have
the
ownership
of
their
creations
even
before
the
(2)
However,
in
the
case
of
cinematographic
works,
the
countries
of
the
Union
may
provide
that
the
term
of
protection
shall
expire
fifty
years
after
the
work
has
been
made
available
to
the
public
with
the
consent
of
the
author,
or,
failing
such
Article
7bis
an
event
within
fifty
years
from
the
making
of
such
a
work,
fifty
years
after
the
[Term
of
Protection
for
Works
of
Joint
Authorship]
making.
The
provisions
of
the
preceding
Article
shall
also
apply
in
the
case
of
a
work
of
(3)
In
the
case
of
anonymous
or
pseudonymous
works,
the
term
of
protection
joint
authorship,
provided
that
the
terms
measured
from
the
death
of
the
author
granted
by
this
Convention
shall
expire
fifty
years
after
the
work
has
been
shall
be
calculated
from
the
death
of
the
last
surviving
author.
lawfully
made
available
to
the
public.
However,
when
the
pseudonym
adopted
by
the
author
leaves
no
doubt
as
to
his
identity,
the
term
of
protection
shall
be
Sec.
213
(and
its
subparagraphs),
Sec.
214,
IPC
that
provided
in
paragraph
(1).
If
the
author
of
an
anonymous
or
pseudonymous
work
discloses
his
identity
during
the
above-‐mentioned
period,
the
term
of
Sec.
213.
Term
of
Protection.
-‐
213.1.
Subject
to
the
provisions
of
Subsections
protection
applicable
shall
be
that
provided
in
paragraph
(1).
The
countries
of
213.2
to
213.5,
the
copyright
in
works
under
Sections
172
and
173
shall
be
the
Union
shall
not
be
required
to
protect
anonymous
or
pseudonymous
works
protected
during
the
life
of
the
author
and
for
fifty
(50)
years
after
his
death.
This
in
respect
of
which
it
is
reasonable
to
presume
that
their
author
has
been
dead
rule
also
applies
to
posthumous
works.
for
fifty
years.
(4)
It
shall
be
a
matter
for
legislation
in
the
countries
of
the
Union
to
determine
213.2.
In
case
of
works
of
joint
authorship,
the
economic
rights
shall
be
the
term
of
protection
of
photographic
works
and
that
of
works
of
applied
art
in
protected
during
the
life
of
the
last
surviving
author
and
for
fifty
(50)
years
after
so
far
as
they
are
protected
as
artistic
works;
however,
this
term
shall
last
at
his
death.
(Sec.
21,
Second
Sentence,
P.D.
No.
49)
least
until
the
end
of
a
period
of
twenty-‐five
years
from
the
making
of
such
a
work.
213.3.
In
case
of
anonymous
or
pseudonymous
works,
the
copyright
shall
be
(5)
The
term
of
protection
subsequent
to
the
death
of
the
author
and
the
terms
protected
for
fifty
(50)
years
from
the
date
on
which
the
work
was
first
lawfully
provided
by
paragraphs
(2),
(3)
and
(4)
shall
run
from
the
date
of
death
or
of
the
published:
Provided,
That
where,
before
the
expiration
of
the
said
period,
the
event
referred
to
in
those
paragraphs,
but
such
terms
shall
always
be
deemed
to
author's
identity
is
revealed
or
is
no
longer
in
doubt,
the
provisions
of
begin
on
the
first
of
January
of
the
year
following
the
death
or
such
event.
Subsections
(6)
The
countries
of
the
Union
may
grant
a
term
of
protection
in
excess
of
those
213.1
and
213.2
shall
apply,
as
the
case
may
be:
Provided,
further,
That
such
provided
by
the
preceding
paragraphs.
works
if
not
published
before
shall
be
protected
for
fifty
(50)
years
counted
from
(7)
Those
countries
of
the
Union
bound
by
the
Rome
Act
of
this
Convention
the
making
of
the
work.
(Sec.
23,
P.
D.
No.
49)
which
grant,
in
their
national
legislation
in
force
at
the
time
of
signature
of
the
present
Act,
shorter
terms
of
protection
than
those
provided
for
in
the
preceding
213.4.
In
case
of
works
of
applied
art
the
protection
shall
be
for
a
period
of
paragraphs
shall
have
the
right
to
maintain
such
terms
when
ratifying
or
twenty-‐five
(25)
years
from
the
date
of
making.
(Sec.
24(B),
P.
D.
No.
49a)
acceding
to
the
present
Act.
(8)
In
any
case,
the
term
shall
be
governed
by
the
legislation
of
the
country
213.5.
In
case
of
photographic
works,
the
protection
shall
be
for
fifty
(50)
years
where
protection
is
claimed;
however,
unless
the
legislation
of
that
country
from
publication
of
the
work
and,
if
unpublished,
fifty
(50)
years
from
the
otherwise
provides,
the
term
shall
not
exceed
the
term
fixed
in
the
country
of
making.
(Sec.
24(C),
P.
D.
49a)
origin
of
the
work.
213.6.
In
case
of
audio-‐visual
works
including
those
produced
by
process
bequest
or
otherwise;
nor
shall
publication
or
republication
by
the
government
analogous
to
photography
or
any
process
for
making
audio-‐visual
recordings,
the
in
a
public
document
of
any
work
in
which
copy
right
is
subsisting
be
taken
to
term
shall
be
fifty
(50)
years
from
date
of
publication
and,
if
unpublished,
from
cause
any
abridgment
or
annulment
of
the
copyright
or
to
authorize
any
use
or
the
date
of
making.
(Sec.
24(C),
P.
D.
No.
49a)
appropriation
of
such
work
without
the
consent
of
the
copyright
owners.
Sec.
214.
Calculation
of
Term.
-‐
The
term
of
protection
subsequent
to
the
death
171.11.
A
"work
of
the
Government
of
the
Philippines"
is
a
work
created
by
an
of
the
author
provided
in
the
preceding
Section
shall
run
from
the
date
of
his
officer
or
employee
of
the
Philippine
Government
or
any
of
its
subdivisions
and
death
or
of
publication,
but
such
terms
shall
always
be
deemed
to
begin
on
the
instrumentalities,
including
government-‐owned
or
controlled
corporations
as
first
day
of
January
of
the
year
following
the
event
which
gave
rise
to
them.
part
of
his
regularly
prescribed
official
duties.
Class
3
Right
to
Make
Copies;
Infringement
Sec.
184.
Limitations
on
Copyright.
-‐
2.8 Right
to
Make
Copies
184.1.
Notwithstanding
the
provisions
of
Chapter
V,
the
following
acts
shall
not
constitute
infringement
of
copyright:
Sections
176
(and
its
subparagraphs),
171.11,
184,
185,
186,
187,
188,
IPC
(a)
the
recitation
or
performance
of
a
work,
once
it
has
been
lawfully
made
Sec.
176.
Works
of
the
Government.
-‐
accessible
to
the
public,
if
done
privately
and
free
of
charge
or
if
made
strictly
for
a
charitable
or
religious
institution
or
society;
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
(b)
The
making
of
quotations
from
a
published
work
if
they
are
compatible
with
the
work
is
created
shall
be
necessary
for
exploitation
of
such
work
for
profit.
fair
use
and
only
to
the
extent
justified
for
the
purpose,
including
quotations
Such
agency
or
office
may,
among
other
things,
impose
as
a
condition
the
from
newspaper
articles
and
periodicals
in
the
form
of
press
summaries:
payment
of
royalties.
No
prior
approval
or
conditions
shall
be
required
for
the
Provided,
That
the
source
and
the
name
of
the
author,
if
appearing
on
the
work,
use
of
any
purpose
of
statutes,
rules
and
regulations,
and
speeches,
lectures,
are
mentioned;
(Sec.
11,
Third
Par.,
P.
D.
No.
49)
sermons,
addresses,
and
dissertations,
pronounced,
read
or
rendered
in
courts
of
justice,
before
administrative
agencies,
in
deliberative
assemblies
and
in
(c)
The
reproduction
or
communication
to
the
public
by
mass
media
of
articles
on
meetings
of
public
character.
current
political,
social,
economic,
scientific
or
religious
topic,
lectures,
addresses
and
other
works
of
the
same
nature,
which
are
delivered
in
public
if
such
use
is
176.2.
The
Author
of
speeches,
lectures,
sermons,
addresses,
and
dissertations
for
information
purposes
and
has
not
been
expressly
reserved:
Provided,
That
mentioned
in
the
preceding
paragraphs
shall
have
the
exclusive
right
of
making
a
the
source
is
clearly
indicated;
(Sec.
11,
P.
D.
No.
49)
collection
of
his
works.
(d)
The
reproduction
and
communication
to
the
public
of
literary,
scientific
or
176.3.
Notwithstanding
the
foregoing
provisions,
the
Government
is
not
artistic
works
as
part
of
reports
of
current
events
by
means
of
photography,
precluded
from
receiving
and
holding
copyrights
transferred
to
it
by
assignment,
cinematography
or
broadcasting
to
the
extent
necessary
for
the
purpose;
(Sec.
12,
P.
D.
No.
49)
(k)
Any
use
made
of
a
work
for
the
purpose
of
any
judicial
proceedings
or
for
the
(e)
The
inclusion
of
a
work
in
a
publication,
broadcast,
or
other
communication
giving
of
professional
advice
by
a
legal
practitioner.
to
the
public,
sound
recording
or
film,
if
such
inclusion
is
made
by
way
of
illustration
for
teaching
purposes
and
is
compatible
with
fair
use:
Provided,
That
184.2.
The
provisions
of
this
section
shall
be
interpreted
in
such
a
way
as
to
allow
the
source
and
of
the
name
of
the
author,
if
appearing
in
the
work,
are
the
work
to
be
used
in
a
manner
which
does
not
conflict
with
the
normal
mentioned;
exploitation
of
the
work
and
does
not
unreasonably
prejudice
the
right
holder's
legitimate
interest.
(f)
The
recording
made
in
schools,
universities,
or
educational
institutions
of
a
work
included
in
a
broadcast
for
the
use
of
such
schools,
universities
or
Sec.
185.
Fair
Use
of
a
Copyrighted
Work.
-‐
educational
institutions:
Provided,
That
such
recording
must
be
deleted
within
a
reasonable
period
after
they
were
first
broadcast:
Provided,
further,
That
such
185.1.
The
fair
use
of
a
copyrighted
work
for
criticism,
comment,
news
reporting,
recording
may
not
be
made
from
audiovisual
works
which
are
part
of
the
general
teaching
including
multiple
copies
for
classroom
use,
scholarship,
research,
and
cinema
repertoire
of
feature
films
except
for
brief
excerpts
of
the
work;
similar
purposes
is
not
an
infringement
of
copyright.
Decompilation,
which
is
understood
here
to
be
the
reproduction
of
the
code
and
translation
of
the
forms
(g)
The
making
of
ephemeral
recordings
by
a
broadcasting
organization
by
means
of
the
computer
program
to
achieve
the
inter-‐operability
of
an
independently
of
its
own
facilities
and
for
use
in
its
own
broadcast;
created
computer
program
with
other
programs
may
also
constitute
fair
use.
In
determining
whether
the
use
made
of
a
work
in
any
particular
case
is
fair
use,
(h)
The
use
made
of
a
work
by
or
under
the
direction
or
control
of
the
the
factors
to
be
considered
shall
include:
Government,
by
the
National
Library
or
by
educational,
scientific
or
professional
institutions
where
such
use
is
in
the
public
interest
and
is
compatible
with
fair
(a)
The
purpose
and
character
of
the
use,
including
whether
such
use
is
of
a
use;
commercial
nature
or
is
for
non-‐profit
education
purposes;
(i)
The
public
performance
or
the
communication
to
the
public
of
a
work,
in
a
(b)
The
nature
of
the
copyrighted
work;
place
where
no
admission
fee
is
charged
in
respect
of
such
public
performance
or
communication,
by
a
club
or
institution
for
charitable
or
educational
purpose
(c)
The
amount
and
substantiality
of
the
portion
used
in
relation
to
the
only,
whose
aim
is
not
profit
making,
subject
to
such
other
limitations
as
may
be
copyrighted
work
as
a
whole;
and
provided
in
the
Regulations;
(n)
(d)
The
effect
of
the
use
upon
the
potential
market
for
or
value
of
the
(j)
Public
display
of
the
original
or
a
copy
of
the
work
not
made
by
means
of
a
copyrighted
work.
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
185.2
The
fact
that
a
work
is
unpublished
shall
not
by
itself
bar
a
finding
of
fair
original
or
the
copy
displayed
has
been
sold,
given
away
or
otherwise
transferred
use
if
such
finding
is
made
upon
consideration
of
all
the
above
factors.
to
another
person
by
the
author
or
his
successor
in
title;
and
Sec.
186.
Work
of
Architecture.
-‐
Copyright
in
a
work
of
architecture
shall
include
whose
activities
are
not
for
profit
may,
without
the
authorization
of
the
author
the
right
to
control
the
erection
of
any
building
which
reproduces
the
whole
or
a
of
copyright
owner,
make
a
single
copy
of
the
work
by
reprographic
substantial
part
of
the
work
either
in
its
original
form
or
in
any
form
recognizably
reproduction:
derived
from
the
original;
Provided,
That
the
copyright
in
any
such
work
shall
not
include
the
right
to
control
the
reconstruction
or
rehabilitation
in
the
same
style
(a)
Where
the
work
by
reason
of
its
fragile
character
or
rarity
cannot
be
lent
to
as
the
original
of
a
building
to
which
the
copyright
relates.
(n)
user
in
its
original
form;
Sec.
187.
Reproduction
of
Published
Work.
-‐
(b)
Where
the
works
are
isolated
articles
contained
in
composite
works
or
brief
portions
of
other
published
works
and
the
reproduction
is
necessary
to
supply
187.1.
Notwithstanding
the
provision
of
Section
177,
and
subject
to
the
them;
when
this
is
considered
expedient,
to
person
requesting
their
loan
for
provisions
of
Subsection
187.2,
the
private
reproduction
of
a
published
work
in
a
purposes
of
research
or
study
instead
of
lending
the
volumes
or
booklets
which
single
copy,
where
the
reproduction
is
made
by
a
natural
person
exclusively
for
contain
them;
and
research
and
private
study,
shall
be
permitted,
without
the
authorization
of
the
owner
of
copyright
in
the
work.
(c)
Where
the
making
of
such
a
copy
is
in
order
to
preserve
and,
if
necessary
in
the
event
that
it
is
lost,
destroyed
or
rendered
unusable,
replace
a
copy,
or
to
187.2.
The
permission
granted
under
Subsection
187.1
shall
not
extend
to
the
replace,
in
the
permanent
collection
of
another
similar
library
or
archive,
a
copy
reproduction
of:
which
has
been
lost,
destroyed
or
rendered
unusable
and
copies
are
not
available
with
the
publisher.
(a)
A
work
of
architecture
in
form
of
building
or
other
construction;
188.2.
Notwithstanding
the
above
provisions,
it
shall
not
be
permissible
to
(b)
An
entire
book,
or
a
substantial
past
thereof,
or
of
a
musical
work
in
which
produce
a
volume
of
a
work
published
in
several
volumes
or
to
produce
missing
graphics
form
by
reprographic
means;
tomes
or
pages
of
magazines
or
similar
works,
unless
the
volume,
tome
or
part
is
out
of
stock;
Provided,
That
every
library
which,
by
law,
is
entitled
to
receive
(c)
A
compilation
of
data
and
other
materials;
copies
of
a
printed
work,
shall
be
entitled,
when
special
reasons
so
require,
to
reproduce
a
copy
of
a
published
work
which
is
considered
necessary
for
the
(d)
A
computer
program
except
as
provided
in
Section
189;
and
collection
of
the
library
but
which
is
out
of
stock.
(e)
Any
work
in
cases
where
reproduction
would
unreasonably
conflict
with
a
Sec
189,
IPC
normal
exploitation
of
the
work
or
would
otherwise
unreasonably
prejudice
the
legitimate
interests
of
the
author.
(n)
Sec.
189.
Reproduction
of
Computer
Program.
-‐
Sec.
188.
Reprographic
Reproduction
by
Libraries.
-‐
189.1.
Notwithstanding
the
provisions
of
Section
177,
the
reproduction
in
one
(1)
back-‐up
copy
or
adaptation
of
a
computer
program
shall
be
permitted,
without
188.1.
Notwithstanding
the
provisions
of
Subsection
177.6,
any
library
or
archive
the
authorization
of
the
author
of,
or
other
owner
of
copyright
in,
a
computer
program,
by
the
lawful
owner
of
that
computer
program:
Provided,
That
the
copy
3. The
importation,
consisting
of
not
more
than
three
(3)
such
or
adaptation
is
necessary
for:
copies
or
likenesses
in
any
one
invoice,
is
not
for
sale
but
for
the
use
only
of
any
religious,
charitable,
or
educational
society
(a)
The
use
of
the
computer
program
in
conjunction
with
a
computer
for
the
or
institution
duly
incorporated
or
registered,
or
is
for
the
purpose,
and
to
the
extent,
for
which
the
computer
program
has
been
obtained;
encouragement
of
the
fine
arts,
or
for
any
state
school,
college,
and
university,
or
free
public
library
in
the
Philippines.
(b)
Archival
purposes,
and,
for
the
replacement
of
the
lawfully
owned
copy
of
the
b.
When
such
copies
form
parts
of
libraries
and
personal
baggage
computer
program
in
the
event
that
the
lawfully
obtained
copy
of
the
computer
belonging
to
persons
or
families
arriving
from
foreign
countries
and
are
program
is
lost,
destroyed
or
rendered
unusable.
not
intended
for
sale:
Provided,
That
such
copies
do
not
exceed
three
(3).
189.2.
No
copy
or
adaptation
mentioned
in
this
Section
shall
be
used
for
any
purpose
other
than
the
ones
determined
in
this
Section,
and
any
such
copy
or
190.2.
Copies
imported
as
allowed
by
this
Section
may
not
lawfully
be
used
in
adaptation
shall
be
destroyed
in
the
event
that
continued
possession
of
the
copy
any
way
to
violate
the
rights
of
owner
the
copyright
or
annul
or
limit
the
of
the
computer
program
ceases
to
be
lawful.
protection
secured
by
this
Act,
and
such
unlawful
use
shall
be
deemed
an
infringement
and
shall
be
punishable
as
such
without
prejudice
to
the
189.3.
This
provision
shall
be
without
prejudice
to
the
application
of
Section
185
proprietor’s
right
of
action.
whenever
appropriate.
(n)
190.3.
Subject
to
the
approval
of
the
Secretary
of
Finance,
the
Commissioner
of
Sec.
190,
IPC
Customs
is
hereby
empowered
to
make
rules
and
regulations
for
preventing
the
importation
of
articles
the
importation
of
which
is
prohibited
under
this
Section
Sec.
190.
Importation
for
Personal
Purposes.
-‐
and
under
treaties
and
conventions
to
which
the
Philippines
may
be
a
party
and
for
seizing
and
condemning
and
disposing
of
the
same
in
case
they
are
190.1.
Notwithstanding
the
provision
of
Subsection
177.6,
but
subject
to
the
discovered
after
they
have
been
imported.
limitation
under
the
Subsection
185.2,
the
importation
of
a
copy
of
a
work
by
an
individual
for
his
personal
purposes
shall
be
permitted
without
the
authorization
Rule
14,
Copyright
Safeguards
and
Regulations
of
the
author
of,
or
other
owner
of
copyright
in,
the
work
under
the
following
Rule
14.
Limitations
on
Copyright
circumstances:
SECTION
1.
Public
Performance
or
Communication
to
the
Public
of
Work
by
a. When
copies
of
the
work
are
not
available
in
the
Philippines
and:
Non-‐Profit
Institution.
—
The
public
performance
or
the
communication
to
the
1. Not
more
than
one
(1)
copy
at
one
time
is
imported
for
strictly
public
of
a
work,
in
a
place
where
no
admission
fee
is
charged
in
respect
of
such
individual
use
only;
or
public
performance
or
communication,
by
a
club
or
institution
for
charitable
or
2. The
importation
is
by
authority
of
and
for
the
use
of
the
educational
purposes
only,
whose
aim
is
not
profit-‐making,
shall
not
constitute
Philippine
Government;
or
infringement
of
copyright,
if:
(a)
It
consist
only
of
the
reproduction
of
code
and
translation
of
(a)
The
works
are
limited
to
non-‐dramatic
literary
works
and
non-‐copyrighted
the
forms
of
a
computer
program;
musical
compositions,
and
do
not
include
audiovisual
works
or
computer
(b)
The
reproduction
and
translation
are
indispensable
to
obtain
programs;
information,
such
that
information
can
be
obtained
in
no
other
(b)
The
clubs
or
institutions
to
which
this
subsection
applies
are
limited
to
way
than
through
decompilation;
those
organized
exclusively
for
charitable
or
educational
purposes;
and
if
the
(c)
The
information
is
necessary
in
order
to
achieve
following
conditions
are
satisfied:
interoperability
(i.e.,
interoperability
cannot
be
achieved
(i)
No
fee
or
compensation
is
paid
to
any
performers,
promoters
or
without
obtaining
the
information
and
without
using
organizers
of
the
public
performance;
decompilation
to
obtain
it)
;
and
(ii)
There
is
no
direct
or
indirect
admission
charge
to
the
place
where
(d)
The
interoperability
that
is
sought
is
between
the
decompiled
the
performance
occurs;
and
program
and
an
independently
created
computer
program
(i.e.,
(iii)
Admission
to
the
performance
is
restricted
to
persons
who
are,
and
a
computer
program
that
was
created
prior
to
and
without
for
at
least
the
preceding
thirty
days
have
been,
members
in
good
reference
to
the
decompilation).
If
the
above
criteria
are
standing
of
the
club
or
the
institution
for
whose
charitable
or
satisfied,
then
the
fair
use
factors
set
forth
in
the
IPC
can
be
education
purposes
the
performance
is
being
carried
out.
applied
in
order
to
decide
whether
or
not
the
decompilation,
in
the
particular
circumstances
involved,
constitutes
a
fair
use.
SECTION
2.
Use
in
Judicial
Proceedings
or
by
Legal
Practitioners.
—
Without
The
fact
that
a
use
is
decompilation
(as
defined
by
the
prejudice
to
other
exceptions
to
protection,
the
use
of
copyrighted
works
as
statutory
criteria)
creates
no
presumption
that
the
use
is
fair.
provided
in
the
IPC
“for
the
giving
of
professional
advise
by
a
legal
practitioner”
is
limited
to
those
uses
directly
connected
to
the
rendering
of
legal
advice
SECTION
5.
Effect
on
Value
of
the
Work.
—
The
effect
of
the
use
upon
the
withrespect
to
such
works,
or
to
individuals,
institutions,
events
or
circumstances
value
of
the
copyrighted
work
shall
also
constitute
a
limitation
on
fair
use
of
to
which
the
creation
of
exploitation
of
such
works
are
directly
related.
This
works,
particularly
whenever
their
reproduction
will
affect
their
usefulness,
exception
does
not
apply
to
the
exercise
of
exclusive
rights
of
copyright
owners
reliability,
and
validity
such
as
psychological
tests
and
others
of
similar
nature.
in
legal
research
materials,
legal-‐related
computer
software,
legal-‐related
on-‐
Reproduction
of
these
works
shall,
therefore,
need
prior
authority
of
the
line
material,
or
the
other
works
utilized
in
the
practice
of
law
on
a
regular
basis.
copyright
owner.
SECTION
3.
Uses
Compatible
with
Fair
Use.
—
To
determine
whether
use
of
a
SECTION
6.
Reproduction
or
Communication
to
the
Public
by
Mass
Media
copyrighted
work
is
“compatible
with
fair
use,”
the
criteria
set
forth
in
Sec.
185
of
Articles,
Lecture,
etc.
—
The
reproduction
or
communication
to
the
public
by
of
the
IPC
shall
be
applied.
mass
media
of
articles,
such
as
those
publish
in
newspapers
or
periodicals
on
current
political,
social,
economic,
scientific,
or
religious
topics,
as
well
as
SECTION
4.
Fair
Use
and
Decompilation
of
Computer
Software.
—
An
act
of
lectures,
addresses,
and
other
works
of
the
same
nature,
which
are
delivered
in
decompilation
of
software
may
qualify
for
analysis
under
the
fair
use
provisions
if
public,
shall
not
constitute
infringement
of
copyright
if
such
use
is
for
it
meets
all
of
the
criteria
set
out
in
the
IPC,
viz:
information
purposes
and
has
not
been
expressly
reserved:
Provided,
that
the
source
is
clearly
indicated
and
that
the
use
of
the
work
should
not
unreasonably
While
the
academic
publishing
model
is
based
on
the
originality
of
the
writer’s
prejudice
the
right
holder’s
legitimate
interests.
thesis,
the
judicial
system
is
based
on
the
doctrine
of
stare
decisis,
which
encourages
courts
to
cite
historical
legal
data,
precedents,
and
related
studies
in
Intellectual
creation
should
be
copyrighted
30
days
after
its
publication,
if
made
their
decisions.
The
judge
is
not
expected
to
produce
original
scholarship
in
every
in
Manila
and
60
if
published
elsewhere.
Failure
to
do
so
will
render
such
respect.
The
strength
of
a
decision
lies
in
the
soundness
and
general
acceptance
creation
as
public
property.
(Filipino
Society
of
Composers
v.
Benjamin
Tan,
of
the
precedents
and
long
held
legal
opinions
it
draws
from.
1987)
Court
decisions
are
not
written
to
earn
merit,
accolade,
or
prize
as
an
original
piece
of
work
or
art.
Deciding
disputes
is
a
service
rendered
by
the
Although
the
general
rule
is
to
cite
only
the
author
in
the
books
published.
The
government
for
the
public
good.
Judges
issue
decisions
to
resolve
everyday
Philippine
law
specifically
provides
that
“news
items,
editorial
paragraphs,
and
conflicts
involving
people
of
flesh
and
blood
who
ache
for
speedy
justice
or
articles
in
periodicals,"
shall
also
state
the
publisher
as
a
source.
This
is
to
protect
juridical
beings
which
have
rights
and
obligations
in
law
that
need
to
be
an
enterprising
newspaper
or
magazine
that
invests
its
money
and
pays
for
the
protected.
The
interest
of
society
in
written
decisions
is
not
that
they
are
right
to
publish
an
original
article,
and
that
was
the
reason
why
the
Legislature
originally
crafted
but
that
they
are
fair
and
correct
in
the
context
of
the
particular
saw
fit
to
use
the
language
in
question.(Philippine
Education
Co.
v.
Sotto)
disputes
involved.
Justice,
not
originality,
form,
and
style,
is
the
object
of
every
decision
of
a
court
of
law.
Ann
Bartow,
Educational
Fair
Use
in
Copyright:
Reclaiming
the
Right
to
Originality
in
the
law
is
viewed
with
skepticism.
It
is
only
the
arrogant
Photocopy
Freely,
60
University
of
Pittsburg
Law
Review,
149
(1998)-‐
**Copy
of
fool
or
the
truly
gifted
who
will
depart
entirely
from
the
established
template
this
Journal
Article
can
be
located
through
Lexis
Nexis**
and
reformulate
an
existing
idea
in
the
belief
that
in
doing
so
they
will
improve
it.
While
over
time
incremental
changes
occur,
the
wholesale
abandonment
of
Whether
or
not
the
footnote
is
sufficiently
detailed,
so
as
to
satisfy
the
established
expression
is
generally
considered
foolhardy.
(In
The
Matter
of
The
footnoting
standards
of
counsel
for
petitioners
is
not
an
ethical
matter
but
one
Charges
of
Plagiarism,
Etc.
Against
Associate
Justice
Mariano
C.
Del
Castillo,
concerning
clarity
of
writing.
The
statement
"See
Tams,
Enforcing
Obligations
February
8,
2011)
Erga
Omnes
in
International
Law
(2005)"
in
the
Vinuya
decision
is
an
attribution
no
matter
if
Tams
thought
that
it
gave
him
somewhat
less
credit
than
he
2.9 Transfer
of
Copyright
deserved.
Such
attribution
altogether
negates
the
idea
that
Justice
Del
Castillo
Sections
180
(and
its
subparagraphs),
181,
182,
183,
IPC
passed
off
the
challenged
passages
as
his
own.If
the
Justice’s
citations
were
imprecise,
it
would
just
be
a
case
of
bad
footnoting
rather
than
one
of
theft
or
Sec.
180.
Rights
of
Assignee.
-‐
deceit.
If
it
were
otherwise,
many
would
be
target
of
abuse
for
every
editorial
error,
for
every
mistake
in
citing
pagination,
and
for
every
technical
detail
of
180.1.
The
copyright
may
be
assigned
in
whole
or
in
part.
Within
the
scope
of
the
form.(In
The
Matter
of
the
Charges
of
Plagiarism,
Etc.,
Against
Associate
Justice
assignment,
the
assignee
is
entitled
to
all
the
rights
and
remedies
which
the
Mariano
C.
Del
Castillo,
October
12,
2010)
assignor
had
with
respect
to
the
copyright.
180.2.
The
copyright
is
not
deemed
assigned
inter
vivos
in
whole
or
in
part
unless
there
is
a
written
indication
of
such
intention.
Sec.
87.
Prohibited
Clauses.
-‐
Except
in
cases
under
Section
91,
the
following
180.3.
The
submission
of
a
literary,
photographic
or
artistic
work
to
a
newspaper,
provisions
shall
be
deemed
prima
facie
to
have
an
adverse
on
competition
and
magazine
or
periodical
for
publication
shall
constitute
only
a
license
to
make
a
trade:
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
87.1.
Those
which
impose
upon
the
licensee
the
obligation
to
acquire
from
a
be
entitled
to
grant
licenses
without
the
prior
written
consent
of
the
other
specific
source
capital
goods,
intermediate
products,
raw
materials,
and
other
owner
or
owners.
technologies,
or
of
permanently
employing
personnel
indicated
by
the
licensor;
Sec.
181.
Copyright
and
Material
Object.
-‐
The
copyright
is
distinct
from
the
87.2.
Those
pursuant
to
which
the
licensor
reserves
the
right
to
fix
the
sale
or
property
in
the
material
object
subject
to
it.
Consequently,
the
transfer
or
resale
prices
of
the
products
manufactured
on
the
basis
of
the
license;
assignment
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
87.3.
Those
that
contain
restrictions
regarding
the
volume
and
structure
of
copies
of
the
work
imply
transfer
or
assignment
of
the
copyright.
production;
Sec.
182.
Filing
of
Assignment
of
License.
-‐
An
assignment
or
exclusive
license
87.4
Those
that
prohibit
the
use
of
competitive
technologies
in
a
non-‐exclusive
may
be
filed
in
duplicate
with
the
National
Library
upon
payment
of
the
technology
transfer
agreement;
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
87.5.
Those
that
establish
a
full
or
partial
purchase
option
in
favor
of
the
licensor;
notation
of
the
fact
of
record.
Notice
of
the
record
shall
be
published
in
the
IPO
Gazette.
87.6.
Those
that
obligate
the
licensee
to
transfer
for
free
to
the
licensor
the
inventions
or
improvements
that
may
be
obtained
through
the
use
of
the
Sec.
183.
Designation
of
Society.
-‐
The
copyright
owners
or
their
heirs
may
licensed
technology;
designate
a
society
of
artists,
writers
or
composers
to
enforce
their
economic
rights
and
moral
rights
on
their
behalf.
87.7.
Those
that
require
payment
of
royalties
to
the
owners
of
patents
for
patents
which
are
not
used;
Sections
4.2
in
relation
to
Sections
87
and
88,
IPC
87.8.
Those
that
prohibit
the
licensee
to
export
the
licensed
product
unless
4.2.
The
term
"technology
transfer
arrangements"
refers
to
contracts
or
justified
for
the
protection
of
the
legitimate
interest
of
the
licensor
such
as
agreements
involving
the
transfer
of
systematic
knowledge
for
the
manufacture
exports
to
countries
where
exclusive
licenses
to
manufacture
and/or
distribute
of
a
product,
the
application
of
a
process,
or
rendering
of
a
service
including
the
licensed
product(s)
have
already
been
granted;
management
contracts;
and
the
transfer,
assignment
or
licensing
of
all
forms
of
intellectual
property
rights,
including
licensing
of
computer
software
except
87.9.
Those
which
restrict
the
use
of
the
technology
supplied
after
the
expiration
computer
software
developed
for
mass
market.
of
the
technology
transfer
arrangement,
except
in
cases
of
early
termination
of
the
technology
transfer
arrangement
due
to
reason(s)
attributable
to
the
licensee;
88.3.
In
the
event
the
technology
transfer
arrangement
shall
provide
for
87.10.
Those
which
require
payments
for
patents
and
other
industrial
property
arbitration,
the
Procedure
of
Arbitration
of
the
Arbitration
Law
of
the
Philippines
rights
after
their
expiration,
termination
arrangement;
or
the
Arbitration
Rules
of
the
United
Nations
Commission
on
International
Trade
Law
(UNCITRAL)
or
the
Rules
of
Conciliation
and
Arbitration
of
the
International
87.11.
Those
which
require
that
the
technology
recipient
shall
not
contest
the
Chamber
of
Commerce
(ICC)
shall
apply
and
the
venue
of
arbitration
shall
be
the
validity
of
any
of
the
patents
of
the
technology
supplier;
Philippines
or
any
neutral
country;
and
87.12.
Those
which
restrict
the
research
and
development
activities
of
the
88.4.
The
Philippine
taxes
on
all
payments
relating
to
the
technology
transfer
licensee
designed
to
absorb
and
adapt
the
transferred
technology
to
local
arrangement
shall
be
borne
by
the
licensor.
conditions
or
to
initiate
research
and
development
programs
in
connection
with
new
products,
processes
or
equipment;
Section
92,
IPC
87.13.
Those
which
prevent
the
licensee
from
adapting
the
imported
technology
Sec.
92.
Non-‐Registration
with
the
Documentation,
Information
and
Technology
to
local
conditions,
or
introducing
innovation
to
it,
as
long
as
it
does
not
impair
Transfer
Bureau.
-‐
Technology
transfer
arrangements
that
conform
with
the
the
quality
standards
prescribed
by
the
licensor;
provisions
of
Sections
86
and
87
need
not
be
registered
with
the
Documentation,
Information
and
Technology
Transfer
Bureau.
Non-‐conformance
with
any
of
the
87.14.
Those
which
exempt
the
licensor
for
liability
for
non-‐fulfillment
of
his
provisions
of
Sections
87
and
88,
however,
shall
automatically
render
the
responsibilities
under
the
technology
transfer
arrangement
and/or
liability
technology
transfer
arrangement
unenforceable,
unless
said
technology
transfer
arising
from
third
party
suits
brought
about
by
the
use
of
the
licensed
product
or
arrangement
is
approved
and
registered
with
the
Documentation,
Information
the
licensed
technology;
and
and
Technology
Transfer
Bureau
under
the
provisions
of
Section
91
on
exceptional
cases.
(n)
87.15.
Other
clauses
with
equivalent
effects
Section
237,
IPC
Sec.
88.
Mandatory
Provisions.
-‐
The
following
provisions
shall
be
included
in
voluntary
license
contracts:
Sec.
237.
Notification
on
Berne
Appendix.
-‐
The
Philippines
shall
by
proper
compliance
with
the
requirements
set
forth
under
the
Appendix
of
the
Berne
88.1.
That
the
laws
of
the
Philippines
shall
govern
the
interpretation
of
the
same
Convention
(Paris
Act,
1971)
avail
itself
of
the
special
provisions
regarding
and
in
the
event
of
litigation,
the
venue
shall
be
the
proper
court
in
the
place
developing
countries,
including
provisions
for
licenses
grantable
by
competent
where
the
licensee
has
its
principal
office;
authority
under
the
Appendix.
(n)
88.2.
Continued
access
to
improvements
in
techniques
and
processes
related
to
2.10
Deposit
of
copyrightable
materials
the
technology
shall
be
made
available
during
the
period
of
the
technology
transfer
arrangement;
Sections
191-‐192,
IPC
and
with
keeping
records
required
under
this
Act
and
everything
in
it
shall
be
Sec.
191.
Registration
and
Deposit
with
National
Library
and
the
Supreme
Court
opened
to
public
inspection.
The
Director
of
the
National
Library
is
empowered
Library.-‐
After
the
first
public
dissemination
of
performance
by
authority
of
the
to
issue
such
safeguards
and
regulations
as
may
be
necessary
to
implement
this
copyright
owner
of
a
work
falling
under
Subsections
172.1,
172.2
and
172.3
of
Section
and
other
provisions
of
this
Act.
this
Act,
there
shall,
for
the
purpose
of
completing
the
records
of
the
National
Library
and
the
Supreme
Court
Library,
within
three
(3)
weeks,
be
registered
and
Sec.
229.
Copyright
Division
Fees.
-‐
The
Copyright
Section
of
the
National
Library
deposited
with
it,
by
personal
delivery
or
by
registered
mail,
two
(2)
complete
shall
be
classified
as
a
Division
upon
the
effectivity
of
this
Act.
The
National
copies
or
reproductions
of
the
work
in
such
form
as
the
directors
of
said
libraries
Library
shall
have
the
power
to
collect,
for
the
discharge
of
its
services
under
this
may
prescribe.
A
certificate
of
deposit
shall
be
issued
for
which
the
prescribed
Act,
such
fees
as
may
be
promulgated
by
it
from
time
to
time
subject
to
the
fee
shall
be
collected
and
the
copyright
owner
shall
be
exempt
from
making
approval
of
the
Department
Head.
additional
deposit
of
the
works
with
the
National
Library
and
the
Supreme
Court
Library
under
other
laws.
If,
within
three
(3)
weeks
after
receipt
by
the
copyright
Rule
5,
Copyright
Safeguards
and
Regulations
owner
of
a
written
demand
from
the
directors
for
such
deposit,
the
required
copies
or
reproductions
are
not
delivered
and
the
fee
is
not
paid,
the
copyright
RULE
5.
Registration
and
Deposit
of
Work
owner
shall
be
liable
to
pay
a
fine
equivalent
to
the
required
fee
per
month
of
delay
and
to
pay
to
the
National
Library
and
the
Supreme
Court
Library
the
SECTION
1.
Who
May
Apply.
—
The
owner
or
assignee
of
the
copyright
or
his
amount
of
the
retail
price
of
the
best
edition
of
the
work.
Only
the
above
duly
authorized
agent
or
representative,
may
apply
for
a
certificate
of
mentioned
classes
of
work
shall
be
accepted
for
deposit
by
the
National
Library
registration
and
deposit
of
the
work:
Provided,
That
if
an
author
could
not
claim
and
the
Supreme
Court
Library.
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
Sec.
192.
Notice
of
Copyright.
-‐
Each
copy
of
a
work
published
or
offered
for
sale
to
submit
his
authority
to
apply.
An
assignee
is
a
person
to
whom
an
author
may
may
contain
a
notice
bearing
the
name
of
the
copyright
owner,
and
the
year
of
assign
copyright
in
whole
or
in
part.
The
assignee
is
entitled
to
all
the
rights
and
its
first
publication,
and,
in
copies
produced
after
the
creator’s
death,
the
year
of
remedies
which
the
assignor
has
with
respect
to
the
copyright.
Although
no
such
death.
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
Sections
227-‐229,
IPC
of
his
employment
but
which
does
not
form
part
of
his
regularly
prescribed
official
duties.
Sec.
227.
Ownership
of
Deposit
and
Instruments.
-‐
All
copies
deposited
and
instruments
in
writing
filed
with
the
National
Library
and
the
Supreme
Court
SECTION
2.
Identification
of
Author
or
Authors.
—
An
application
for
copyright
Library
in
accordance
with
the
provisions
of
this
Act
shall
become
the
property
of
certificate
shall
identify
the
author
or
authors,
as
far
as
practicable,
without
the
Government.
prejudice
to
the
provisions
of
Sections
171.2
and
179
of
the
IPC.
Sec.
228.
Public
Records.
-‐
The
section
or
division
of
the
National
Library
and
the
SECTION
3.
Non-‐Resident
Applicant.
—
A
non-‐resident
applicant
shall
appoint
a
Supreme
Court
Library
charged
with
receiving
copies
and
instruments
deposited
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
• Dramatic
or
dramatic-‐musical
compositions,
choreographic
works
or
and
to
receive
service
of
notice
or
other
legal
process
relating
to
the
application
entertainment
in
shows;
Photographic
works
including
works
produced
and
the
copyright.
In
the
event
of
death,
absence
or
incapacity
of
the
resident
by
a
process
analogous
to
photography,
lantern
slides;
Audiovisual
agent,
the
applicant
shall
appoint
a
new
resident
agent,
by
SPA
with
revocation
works
and
cinematographic
works
and
works
produced
by
a
process
of
the
prior
SPA,
and
file
notice
and
a
copy
thereof
with
TNL
and/or
the
SCL.
analogous
to
cinematography
or
any
process
for
making
audio-‐visual
recordings;
SECTION
4.
Works
That
Shall
Be
Registered
and
Deposited.
—
Two
(2)
copies
or
• Pictorial
illustrations
and
advertisements;
reproductions
of
the
following
classes
of
works,
and
transfers
and
assignments
• Computer
programs;
related
thereto,
shall
be
registered
and
deposited
with
TNL
Copyright
Division
• Other
literary,
scholarly,
scientific
and
artistic
works;
and
another
two
(2)
copies
with
the
SCL:
• Sound
recordings;
• Broadcast
recordings.
• Books,
pamphlets,
articles
and
other
writings;
• Periodicals
and
newspapers;
SECTION
7.
When
to
Register
and
Deposit.
—
The
registration
and
deposit
• Lectures,
sermons,
addresses,
dissertations
prepared
for
oral
delivery
of
copies
or
reproductions
of
the
work
or
works,
using
the
prescribed
form,
shall
whether
or
not
reduced
in
writing
or
other
material
form;
be
made
personally
or
by
registered
mail
within
three
(3)
weeks
after
the
first
• Letters;
public
dissemination
or
publication
as
authorized
by
the
author.
• Musical
compositions
with
or
without
words.
2.11
Infringement
SECTION
5.
Replicas
and
Pictures.
—
For
practical
purposes,
only
replicas
and
pictures
of
the
following
classes
of
works,
shall
be
registered
and
deposited
with
Definition
TNL
Copyright
Division:
Remedies
Sections
221-‐224,
IPC
• Works
of
drawing,
painting,
architecture,
sculpture,
engraving,
lithography
or
other
works
of
art,
models
or
designs
for
works
of
art;
Sec.
221.
Points
of
Attachment
for
Works
under
Sections
172
and
173.
-‐
• Original
ornamental
designs
or
models
for
articles
of
manufacture,
whether
or
not
registerable
as
an
industrial
design,
and
other
works
of
221.1.
The
protection
afforded
by
this
Act
to
copyrightable
works
under
applied
art;
Sections
172
and
173
shall
apply
to:
• Illustrations,
maps,
plans,
sketches,
charts
and
three-‐dimensional
works
(a)
Works
of
authors
who
are
nationals
of,
or
have
their
habitual
relative
to
geography,
topography,
architecture
or
science;
residence
in
the
Philippines;
• Drawings
or
plastic
works
of
a
scientific
or
technical
character.
(b)
Audio-‐visual
works
the
producer
of
which
has
his
headquarters
or
habitual
residence
in
the
Philippines;
SECTION
6.
Works
that
May
be
Registered
and
Deposited.
—
The
following
(c)
Works
of
architecture
erected
in
the
Philippines
or
other
artistic
works
may
be
registered
and
deposited:
works
incorporated
in
a
building
or
other
structure
located
in
the
Philippines;
(d)
Works
first
published
in
the
Philippines;
and
(a)
Broadcasts
of
broadcasting
organizations
the
headquarters
of
(e)
Works
first
published
in
another
country
but
also
published
in
which
are
situated
in
the
Philippines;
and
the
Philippines
within
thirty
days,
irrespective
of
the
nationality
or
(b)
Broadcasts
transmitted
from
transmitters
situated
in
the
residence
of
the
authors.
Philippines.
221.2.
The
provisions
of
this
Act
shall
also
apply
to
works
that
are
to
be
224.2.
The
provisions
of
this
Act
shall
also
apply
to
performers
who,
and
to
protected
by
virtue
of
and
in
accordance
with
any
international
convention
producers
of
sound
recordings
and
broadcasting
organizations
which,
are
to
or
other
international
agreement
to
which
the
Philippines
is
a
party.
(n)
be
protected
by
virtue
of
and
in
accordance
with
any
international
convention
or
other
international
agreement
to
which
the
Philippines
is
a
Sec.
222.
Points
of
Attachment
for
Performers.
-‐
The
provisions
of
this
Act
on
party.
the
protection
of
performers
shall
apply
to:
Sec.
3,
IPC
222.1.
Performers
who
are
nationals
of
the
Philippines;
Sec.
3.
International
Conventions
and
Reciprocity.
-‐
Any
person
who
is
a
national
222.2.
Performers
who
are
not
nationals
of
the
Philippines
but
whose
or
who
is
domiciled
or
has
a
real
and
effective
industrial
establishment
in
a
performances:
country
which
is
a
party
to
any
convention,
treaty
or
agreement
relating
to
(a)
Take
place
in
the
Philippines;
or
intellectual
property
rights
or
the
repression
of
unfair
competition,
to
which
the
(b)
Are
incorporated
in
sound
recordings
that
are
protected
under
Philippines
is
also
a
party,
or
extends
reciprocal
rights
to
nationals
of
the
this
Act;
or
Philippines
by
law,
shall
be
entitled
to
benefits
to
the
extent
necessary
to
give
(c)
Which
has
not
been
fixed
in
sound
recording
but
are
carried
by
effect
to
any
provision
of
such
convention,
treaty
or
reciprocal
law,
in
addition
to
broadcast
qualifying
for
protection
under
this
Act.
(n)
the
rights
to
which
any
owner
of
an
intellectual
property
right
is
otherwise
entitled
by
this
Act.
(n)
Sec.
223.
Points
of
Attachment
for
Sound
Recordings.
-‐
The
provisions
of
this
Act
on
the
protection
of
sound
recordings
shall
apply
to:
Sections
10.2,
IPC
223.1.
sound
recordings
the
producers
of
which
are
nationals
of
the
Sec.
10.
The
Bureau
of
Legal
Affairs.
-‐
The
Bureau
of
Legal
Affairs
shall
have
the
Philippines;
and
following
functions:
223.2.
Sound
recordings
that
were
first
published
in
the
Philippines.
(n)
10.2.
(a)
Exercise
original
jurisdiction
in
administrative
complaints
for
violations
of
laws
Sec.
224.
Points
of
Attachment
for
Broadcasts.
-‐
involving
intellectual
property
rights:
Provided,
That
its
jurisdiction
is
limited
to
complaints
where
the
total
damages
claimed
are
not
less
than
Two
hundred
224.1.
The
provisions
of
this
Act
on
the
protection
of
broadcasts
shall
apply
thousand
pesos
(P200,000):
Provided,
further,
That
availment
of
the
provisional
to:
remedies
may
be
granted
in
accordance
with
the
Rules
of
Court.
The
Director
of
Legal
Affairs
shall
have
the
power
to
hold
and
punish
for
contempt
all
those
who
guidelines
as
he
may
provide;
disregard
orders
or
writs
issued
in
the
course
of
the
proceedings.
(n)
(iv)
The
forfeiture
of
paraphernalia
and
all
real
and
personal
(b)
After
formal
investigation,
the
Director
for
Legal
Affairs
may
impose
one
(1)
properties
which
have
been
used
in
the
commission
of
the
offense;
or
more
of
the
following
administrative
penalties:
(i)
The
issuance
of
a
cease
and
desist
order
which
shall
specify
the
(v)
The
imposition
of
administrative
fines
in
such
amount
as
acts
that
the
respondent
shall
cease
and
desist
from
and
shall
deemed
reasonable
by
the
Director
of
Legal
Affairs,
which
shall
in
require
him
to
submit
a
compliance
report
within
a
reasonable
time
no
case
be
less
than
Five
thousand
pesos
(P5,000)
nor
more
than
which
shall
be
fixed
in
the
order;
One
hundred
fifty
thousand
pesos
(P150,000).
In
addition,
an
additional
fine
of
not
more
than
One
thousand
pesos
(P1,000)
shall
(ii)
The
acceptance
of
a
voluntary
assurance
of
compliance
or
be
imposed
for
each
day
of
continuing
violation;
discontinuance
as
may
be
imposed.
Such
voluntary
assurance
may
include
one
or
more
of
the
following:
(vi)
The
cancellation
of
any
permit,
license,
authority,
or
registration
(1)
An
assurance
to
comply
with
the
provisions
of
the
which
may
have
been
granted
by
the
Office,
or
the
suspension
of
intellectual
property
law
violated;
the
validity
thereof
for
such
period
of
time
as
the
Director
of
Legal
(2)
An
assurance
to
refrain
from
engaging
in
unlawful
and
Affairs
may
deem
reasonable
which
shall
not
exceed
one
(1)
year;
unfair
acts
and
practices
subject
of
the
formal
investigation;
(vii)
The
withholding
of
any
permit,
license,
authority,
or
(3)
An
assurance
to
recall,
replace,
repair,
or
refund
the
registration
which
is
being
secured
by
the
respondent
from
the
money
value
of
defective
goods
distributed
in
commerce;
Office;
and
(4)
An
assurance
to
reimburse
the
complainant
the
(viii)
The
assessment
of
damages;
expenses
and
costs
incurred
in
prosecuting
the
case
in
the
(ix)
Censure;
and
Bureau
of
Legal
Affairs.
The
Director
of
Legal
Affairs
may
also
require
the
(x)
Other
analogous
penalties
or
sanctions.
respondent
to
submit
periodic
compliance
reports
and
file
a
bond
to
guarantee
compliance
of
his
undertaking;
Sections
216-‐220,
IPC
(iii)
The
condemnation
or
seizure
of
products
which
are
subject
of
Sec.
216.
Remedies
for
Infringement.
-‐
the
offense.
The
goods
seized
hereunder
shall
be
disposed
of
in
such
manner
as
may
be
deemed
appropriate
by
the
Director
of
216.1.
Any
person
infringing
a
right
protected
under
this
law
shall
be
liable:
Legal
Affairs,
such
as
by
sale,
donation
to
distressed
local
(a)
To
an
injunction
restraining
such
infringement.
The
court
may
governments
or
to
charitable
or
relief
institutions,
exportation,
also
order
the
defendant
to
desist
from
an
infringement,
among
recycling
into
other
goods,
or
any
combination
thereof,
under
such
others,
to
prevent
the
entry
into
the
channels
of
commerce
of
imported
goods
that
involve
an
infringement,
immediately
after
thousand
pesos
(P150,000)
for
the
first
offense.
customs
clearance
of
such
goods.
(b)
Imprisonment
of
three
(3)
years
and
one
(1)
day
to
six
(6)
years
(b)
Pay
to
the
copyright
proprietor
or
his
assigns
or
heirs
such
actual
plus
a
fine
ranging
from
One
hundred
fifty
thousand
pesos
damages,
including
legal
costs
and
other
expenses,
as
he
may
have
(P150,000)
to
Five
hundred
thousand
pesos
(P500,000)
for
the
incurred
due
to
the
infringement
as
well
as
the
profits
the
infringer
second
offense.
may
have
made
due
to
such
infringement,
and
in
proving
profits
the
(c)
Imprisonment
of
six
(6)
years
and
one
(1)
day
to
nine
(9)
years
plaintiff
shall
be
required
to
prove
sales
only
and
the
defendant
plus
a
fine
ranging
from
Five
hundred
thousand
pesos
(P500,000)
to
shall
be
required
to
prove
every
element
of
cost
which
he
claims,
One
million
five
hundred
thousand
pesos
(P1,500,000)
for
the
third
or,
in
lieu
of
actual
damages
and
profits,
such
damages
which
to
the
and
subsequent
offenses.
court
shall
appear
to
be
just
and
shall
not
be
regarded
as
penalty.
(d)
In
all
cases,
subsidiary
imprisonment
in
cases
of
insolvency.
(c)
Deliver
under
oath,
for
impounding
during
the
pendency
of
the
action,
upon
such
terms
and
conditions
as
the
court
may
prescribe,
217.2.
In
determining
the
number
of
years
of
imprisonment
and
the
amount
sales
invoices
and
other
documents
evidencing
sales,
all
articles
and
of
fine,
the
court
shall
consider
the
value
of
the
infringing
materials
that
the
their
packaging
alleged
to
infringe
a
copyright
and
implements
for
defendant
has
produced
or
manufactured
and
the
damage
that
the
making
them.
copyright
owner
has
suffered
by
reason
of
the
infringement.
(d)
Deliver
under
oath
for
destruction
without
any
compensation
all
infringing
copies
or
devices,
as
well
as
all
plates,
molds,
or
other
217.3.
Any
person
who
at
the
time
when
copyright
subsists
in
a
work
has
in
means
for
making
such
infringing
copies
as
the
court
may
order.
his
possession
an
article
which
he
knows,
or
ought
to
know,
to
be
an
(e)
Such
other
terms
and
conditions,
including
the
payment
of
infringing
copy
of
the
work
for
the
purpose
of:
moral
and
exemplary
damages,
which
the
court
may
deem
proper,
(a)
Selling,
letting
for
hire,
or
by
way
of
trade
offering
or
exposing
wise
and
equitable
and
the
destruction
of
infringing
copies
of
the
for
sale,
or
hire,
the
article;
work
even
in
the
event
of
acquittal
in
a
criminal
case.
(b)
Distributing
the
article
for
purpose
of
trade,
or
for
any
other
purpose
to
an
extent
that
will
prejudice
the
rights
of
the
copyright
216.
2.
In
an
infringement
action,
the
court
shall
also
have
the
power
to
owner
in
the
work;
or
order
the
seizure
and
impounding
of
any
article
which
may
serve
as
evidence
(c)
Trade
exhibit
of
the
article
in
public,
shall
be
guilty
of
an
offense
in
the
court
proceedings.
and
shall
be
liable
on
conviction
to
imprisonment
and
fine
as
above
mentioned.
Sec.
217.
Criminal
Penalties.
-‐
Sec.
218.
Affidavit
Evidence.
-‐
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
218.1.
In
an
action
under
this
Chapter,
an
affidavit
made
before
a
notary
punishable
by:
public
by
or
on
behalf
of
the
owner
of
the
copyright
in
any
work
or
other
(a)
Imprisonment
of
one
(1)
year
to
three
(3)
years
plus
a
fine
subject
matter
and
stating
that:
ranging
from
Fifty
thousand
pesos
(P50,000)
to
One
hundred
fifty
(a)
At
the
time
specified
therein,
copyright
subsisted
in
the
work
or
other
subject
matter;
even
if
the
name
is
a
pseudonym,
where
the
pseudonym
leaves
no
doubt
as
(b)
He
or
the
person
named
therein
is
the
owner
of
the
copyright;
to
the
identity
of
the
author.
and
(c)
The
copy
of
the
work
or
other
subject
matter
annexed
thereto
is
219.2.
The
person
or
body,
corporate
whose
name
appears
on
an
audio-‐
a
true
copy
thereof,
shall
be
admitted
in
evidence
in
any
visual
work
in
the
usual
manner
shall,
in
the
absence
of
proof
to
the
proceedings
for
an
offense
under
this
Chapter
and
shall
be
prima
contrary,
be
presumed
to
be
the
maker
of
said
work.
(n)
facie
proof
of
the
matters
therein
stated
until
the
contrary
is
proved,
and
the
court
before
which
such
affidavit
is
produced
shall
Sec.
220.
International
Registration
of
Works.
-‐
A
statement
concerning
a
assume
that
the
affidavit
was
made
by
or
on
behalf
of
the
owner
of
work,
recorded
in
an
international
register
in
accordance
with
an
the
copyright.
international
treaty
to
which
the
Philippines
is
or
may
become
a
party,
shall
be
construed
as
true
until
the
contrary
is
proved
except:
218.2.
In
an
action
under
this
Chapter.
(a)
Copyright
shall
be
presumed
to
subsist
in
the
work
or
other
220.1.
Where
the
statement
cannot
be
valid
under
this
Act
or
any
other
law
subject
matter
to
which
the
action
relates
if
the
defendant
does
not
concerning
intellectual
property.
put
in
issue
the
question
whether
copyright
subsists
in
the
work
or
other
subject
matter;
and
220.2.
Where
the
statement
is
contradicted
by
another
statement
recorded
(b)
Where
the
subsistence
of
the
copyright
is
established,
the
in
the
international
register.
plaintiff
shall
be
presumed
to
be
the
owner
of
the
copyright
if
he
claims
to
be
the
owner
of
the
copyright
and
the
defendant
does
not
Sections
225-‐226,
IPC
put
in
issue
the
question
of
his
ownership.
(c)
Where
the
defendant,
without
good
faith,
puts
in
issue
the
Sec.
225.
Jurisdiction.
-‐
Without
prejudice
to
the
provisions
of
Subsection
7.1(c),
questions
of
whether
copyright
subsists
in
a
work
or
other
subject
actions
under
this
Act
shall
be
cognizable
by
the
courts
with
appropriate
matter
to
which
the
action
relates,
or
the
ownership
of
copyright
in
jurisdiction
under
existing
law.
such
work
or
subject
matter,
thereby
occasioning
unnecessary
costs
or
delay
in
the
proceedings,
the
court
may
direct
that
any
costs
to
Sec.
226.
Damages.
-‐
No
damages
may
be
recovered
under
this
Act
after
four
(4)
the
defendant
in
respect
of
the
action
shall
not
be
allowed
by
him
years
from
the
time
the
cause
of
action
arose.
and
that
any
costs
occasioned
by
the
defendant
to
other
parties
shall
be
paid
by
him
to
such
other
parties.
(n)
Sec.
231,
IPC
Sec.
219.
Presumption
of
Authorship.
-‐
Sec.
231.
Reverse
Reciprocity
of
Foreign
Laws.
-‐
Any
condition,
restriction,
limitation,
diminution,
requirement,
penalty
or
any
similar
burden
imposed
by
219.1.
The
natural
person
whose
name
is
indicated
on
a
work
in
the
usual
the
law
of
a
foreign
country
on
a
Philippine
national
seeking
protection
of
manner
as
the
author
shall,
in
the
absence
of
proof
to
the
contrary,
be
intellectual
property
rights
in
that
country,
shall
reciprocally
be
enforceable
upon
presumed
to
be
the
author
of
the
work.
This
provision
shall
be
applicable
nationals
of
said
country,
within
Philippine
jurisdiction.
(n)
copied
or
seized
and
their
value.
It
shall
also
state
the
names
of
the
applicant,
his
Rule
on
Search
and
Seizure
in
Civil
Actions
for
Infringement
of
Intellectual
representative,
witnesses
and
counsel
who
will
attend
the
search
in
the
event
Property
Rights
(A.M.
No.
02-‐1-‐06-‐SC)
that
the
application
is
granted.
The
application
shall
be
supported
by
affidavits
of
witnesses
who
personally
know
the
facts
and
by
authenticated
or
certified
Section
1.
Coverage.
-‐
This
Rule
shall
govern
the
provisional
seizure
and
documents.
impounding
of
documents
and
articles
in
pending
and
intended
civil
actions
for
The
application
shall
contain
a
certification
against
forum
shopping
as
prescribed
the
purpose
of
preventing
infringement
and
preserving
relevant
evidence
in
by
Section
5,
Rule
7
of
the
1997
Rules
of
Civil
Procedure.
regard
to
alleged
infringement
under
Republic
Act
No.
8293,
otherwise
known
as
The
applicant
shall
undertake
in
his
application
that
he
will
not
use
any
of
the
the
Intellectual
property
Code
of
the
Philippines,
Article
50
of
the
Agreement
on
documents,
articles
or
information
obtained
by
reason
of
the
search
and
seizure
Trade
Related
Aspects
of
intellectual
Property
Rights,
otherwise
known
as
TRIPS
for
any
purpose
other
than
in
the
action
in
which
the
writ
is
issued.
and
other
related
laws
and
international
conventions.
Section
5.
Examination
of
applicant;
record;
confidentiality
of
proceedings.
-‐
The
Section
2.
The
writ
of
search
and
seizure.
-‐
Where
any
delay
is
likely
to
cause
application
shall
be
acted
upon
within
twenty-‐four
(24)
hours
from
its
filing;
The
irreparable
harm
to
the
intellectual
property
right
holder
or
where
there
is
judge
must,
before
issuing
the
writ,
examine
in
the
form
of
searching
questions
demonstrable
risk
of
evidence
being
destroyed,
the
intellectual
property
right
and
answers,
in
writing
and
under
oath
or
affirmation,
the
applicant
and
the
holder
or
his
duly
authorized
representative
in
a
pending
civil
action
for
witnesses
he
may
produce
on
facts
personally
known
to
them.
The
examination
infringement
or
who
intends
to
commence
such
an
action
may
apply
ex
parte
for
of
the
applicant
and
his
witnesses
shall
be
recorded.
Their
sworn
statements
and
the
issuance
of
a
writ
of
search
and
seizure
directing
the
alleged
infringing
their
affidavits
shall
form
part
of
the
record
of
the
case.
defendant
or
expected
adverse
party
to
admit
into
his
premises
the
persons
The
hearing
on
the
application
for
the
writ
shall
be
held
in
the
chambers
of
the
named
in
the
order
and
to
allow
the
search,
inspection,
copying,
photographing,
judge.
Court
personnel
shall
maintain
the
confidentiality
of
the
application
audio
and
audiovisual
recording
or
seizure
of
any
document
and
article
specified
proceeding.lawphi1.net
in
the
order.
The
court
may
require
the
applicant
to
give
other
information
necessary
for
the
identification
of
the
articles
and
documents
to
be
searched,
inspected,
copied
or
Section
3.
Where
application
filed.
-‐
The
application
shall
be
filed
with
any
of
the
seized
and
the
premises
to
be
searched.
Where
feasible,
it
may
direct
the
Regional
Trial
Courts
of
the
judicial
region
designated
to
try
violations
of
applicant
to
submit
copies
and
photographs
of
the
documents
or
articles
to
be
intellectual
property
rights
stationed
at
the
place
where
the
alleged
violation
seized
and
impounded.
occurred
or
is
to
occur,
or
me
place
to
be
searched,
at
the
election
of
the
applicant.
Provided,
however,
that
where
the
complaint
for
infringement
has
Section
6.
Grounds
for
the
issuance
of
the
order.
-‐
Before
the
Order
can
be
a1ready
been
filed,
the
application
shall
be
made
in
the
court
where
the
case
is
issued,
the
evidence
proffered
by
the
applicant
and
personally
evaluated
by
the
rending.
judge
must
show
that:
(a)
the
applicant
is
the
right
holder
or
his
duly
authorized
representative;
Section
4.
Verified
application
and
affidavits.
-‐
The
applicant
shall
file
a
verified
(b)
there
is
probable
cause
to
believe
that
the
applicant's
right
is
being
infringed
application
alleging
the
ground
upon
which
it
is
based
and
the
specific
or
that
such
infringement
is
imminent
and
there
is
a
prima
facie
case
for
final
description
and
location
of
the
documents
and
articles
to
be
searched,
inspected,
relief
against
the
alleged
infringing
defendant
or
expected
adverse
party;
(c)
damage,
potential
or
actual,
likely
to
be
caused
to
the
applicant
is
irreparable;
It
shall
also
contain
a
warning
that
violation
of
any
of
the
terms
and
conditions
of
(d)
there
is
demonstrable
risk
of
evidence
that
the
alleged
infringing
defendant
the
writ
shall
constitute
contempt
of
court.
or
expected
adverse
party
may
destroy,
hide
or
remove
the
documents
or
articles
before
any
application
inter
partes
can
be
made;
and
Section
9.
Bond
and
its
conditions.
-‐
The
applicant
shall
be
required
to
post
a
cash
(e)
the
documents
and
articles
to
be
seized
constitute
evidence
of
the
alleged
bond,
surety
bond
or
other
equivalent
security
executed
in
favor
of
the
infringing
defendant's
or
expected
adverse
party's
infringing
activity
or
that
they
defendant
or
expected
adverse
party
in
a
reasonable
amount
to
be
fixed
by
me
infringe
upon
the
intellectual
property
right
of
the
applicant
or
that
they
are
used
court
in
its
order
granting
me
issuance
of
a
writ
of
search
and
seizure.
The
bond
or
intended
to
be
used
as
means
of
infringing
the
applicant's
intellectual
shall
be
conditioned
on
the
undertaking
of
the
applicant
that
he
will
pay
all
the
property
right.
costs
which
may
be
adjudged
to
defendant
or
expected
adverse
party
and
all
damages
which
me
latter
may
sustain
by
reason
of
me
issuance
of
the
writ.
Section
7.
When
writ
may
issue.
-‐
If
the
judge
is
satisfied
with
the
proof
of
facts
upon
which
the
application
is
based,
he
shall
issue
the
writ
requiring
the
search,
Section
10.
When
writ
shall
be
served.
-‐
The
writ
shall
be
served
only
on
inspection
or
copying
of
the
subject
documents
or
articles
or
commanding
the
weekdays
and
from
8
o'clock
in
the
morning
to
5
o'clock
in
the
afternoon.
sheriff
to
take
them
into
his
custody
subject
to
the
control
of
the
court.
The
However,
the
court
may
direct
that
the
writ
be
served
on
any
day
and
any
time
enforcement
of
the
writ
shall
be
supervised
by
an
independent
Commissioner
to
for
compelling
reasons
stated
in
the
application
and
duly
proved.
be
appointed
by
the
court.
Section
11.
To
whom
writ
shall
be
served.
-‐
The
writ
shall
be
served
on
the
Section
8.
Contents
of
the
writ.
-‐
The
writ
shall
contain
the
following:
alleged
infringing
defendant
or
expected
adverse
party
in
the
place
to
be
(a)
an
order
to
the
alleged
infringing
defendant,
expected
adverse
party
or
to
the
searched.
person
who
appears
to
be
in
charge
or
in
control
of
the
premises
or
residing
or
If
the
alleged
infringing
defendant
or
expected
adverse
party
cannot
be
found
in
working
therein
to
permit
the
persons
named
in
the
writ
to
enter
into
the
the
premises,
the
writ
shall
be
served
on
his
agent
or
representative.
In
the
premises
for
the
purpose
of
searching,
inspecting,
copying,
or
removing
from
the
absence
of
an
agent
or
representative,
it
shall
be
served
on
the
person
in
charge
premises
and
transferring
to
the
custody
of
the
sheriff
and
subject
to
the
control
or
in
control
of
the
premises,
or
residing
or
working
therein
who
is
of
sufficient
of
the
court
the
subject
documents
and
articles;
age
and
discretion.
If
such
person
is
absent,
the
sheriff
or
proper
officer
shall
(b)
an
order
to
the
alleged
infringing
defendant,
expected
adverse
party
or
to
the
post
the
papers
on
the
premises
and
proceed
with
the
enforcement
of
the
writ.
person
in
charge
or
in
control
of
the
premises
to
disclose
to
the
sheriff
serving
the
writ
the
location
of
the
documents
and
articles
subject
of
the
writ;
Section
12.
Commissioner,
duties,
qualifications
and
fees.
-‐
The
enforcement
of
(c)
the
period
when
the
writ
shall
be
enforced
which
in
no
case
shall
be
more
the
writ
shall
be
supervised
by
the
independent
Commissioner
appointed
by
the
than
ten
(10)
days
from
the
date
of
issuance
by
the
court;
court.
In
the
performance
of
his
duty,
the
Commissioner
shall:
(d)
the
names
of
the
applicant
or
his
agent
or
representative
and
the
(a)
give
impartial
advise
to
the
alleged
infringing
defendant,
expected
adverse
Commissioner
who
shall
supervise
the
enforcement
of
the
writ;
and
party
or
to
the
person
in
charge
of
the
premises
to
be
searched
as
to
the
(e)
other
terms
and
conditions
that
will
insure
the
proper
execution
of
the
writ
meaning
and
coverage
of
the
writ;
with
due
regard
to
the
rights
of
the
alleged
infringing
defendant
or
expected
(b)
attempt
to
achieve
agreement
on
a
suitable
search
procedure;
adverse
party.
(c)
assess
what
documents
or
articles
come
within
the
terms
of
the
writ;
(d)
ensure
the
accuracy
of
the
list
of
documents
and
articles
searched,
inspected,
whose
presence
the
search
and
seizure
were
made.
In
the
absence
of
the
person
copied
or
seized
by
the
sheriff;
in
charge
or
in
control
of
the
premises
or
residing
or
working
therein,
the
sheriff
(e)
prepare
his
own
report
on
the
search
and
seizure
and
verify
and
sign
the
must,
in
the
presence
of
at
least
two
witnesses
of
sufficient
age
and
discretion
return
prepared
by
the
sheriff;
and
residing
in
the
same
locality,
leave
a
copy
of
the
receipt
in
the
place
in
which
he
(f)
generally,
assist
in
the
proper
execution
of
the
writ.
found
the
seized
property.
Where
no
witnesses
are
available
in
the
same
locality,
The
Commissioner
shall
be
a
member
of
the
Philippine
Bar
and
of
proven
the
copy
of
the
receipt
shall
be
left
by
the
sheriff
in
the
presence
of
two
competence,
integrity
and
probity.
He
shall
receive
such
reasonable
witnesses
residing
in
the
nearest
locality.
The
applicant
or
his
representative
and
compensation
as
may
be
determined
by
the
court
which
can
be
charged
as
cost
the
Commissioner
shall
also
be
given
a
copy
of
the
receipt.
of
suit.
After
the
sheriff
has
taken
possession
of
the
documents
and
articles,
he
shall
deliver
them
to
a
bonded
warehouse
or
government
warehouse
for
safekeeping.
Section
13.
Search
to
be
conducted
in
the
presence
of
defendant,
his
The
applicant
or
his
representative
shall
be
allowed
access
to
said
materials
for
representative,
person
in
charge
of
the
premises
or
witnesses.
-‐
The
premises
the
purpose
of
examining
them.
may
not
be
searched
except
in
the
presence
of
the
alleged
infringing
defendant,
The
applicant
shall
be
responsible
for
the
necessary
expenses
incurred
ill
the
expected
adverse
party
or
his
representative
or
the
person
in
charge
or
in
control
seizure
and
safekeeping
of
the
documents
and
articles
in
a
bonded
warehouse
or
of
the
premises
or
residing
or
working
m
therein
who
shall
be
given
the
government
warehouse.
opportunity
to
read
the
writ
before
its
enforcement
and
seek
its
interpretation
from
the
Commissioner.
In
the
absence
of
the
latter,
two
persons
of
sufficient
Section
15.
Use
of
reasonable
force
to
effect
writ.
-‐
The
sheriff,
if
refused
age
and
discretion
residing
in
the
same
locality
shall
be
allowed
to
witness
the
admittance
to
the
premises
after
giving
notice
of
his
purpose
and
authority
or
in
search
or
in
the
absence
of
the
latter,
two
persons
of
sufficient
age
and
absence
of
the
alleged
infringing
defendant
or
expected
adverse
party,
his
agent
discretion
residing
in
the
nearest
locality.
or
representative,
or
person
in
charge
or
in
control
of
the
premises
or
residing
or
working
therein
who
is
of
sufficient
age
and
discretion,
may
use
reasonable
force
Section
14.
Manner
of
search
and
seizure;
duties
of
the
sheriff.
-‐
Upon
service
of
to
gain
entry
to
the
premises
or
any
part
of
the
building
or
anything
therein,
to
the
writ
in
accordance
with
section
11
hereof,
sheriff,
under
the
supervision
of
enforce
the
writ
or
to
liberate
himself
or
any
person
lawfully
aiding
him
when
the
Commissioner,
shall
search
for
the
documents
and
articles
specified
in
the
unlawfully
detained
therein.
writ,
and
take
them
in
his
custody
subject
to
the
control
of
the
court.
If
the
subject
articles
are
not
capable
of
manual
delivery,
the
sheriff
shall
attach
Section
16.
Seizure
of
computer
disks
other
storage
devices.
-‐
The
seizure
of
a
to
them
a
tag
or
label
stating
the
fact
of
seizure
and
warning
all
persons
from
computer
disk
or
any
storage
device
may
be
executed
in
any
of
the
following
tampering
with
them.
manner:
(a)
by
the
physical
taking
thereof;
The
sheriff
shall,
in
the
presence
of
the
applicant
or
his
representative,
and
under
(b)
by
Copying
its
contents
in
a
suitable
device
or
disk
provided
by
the
applicant;
the
supervision
of
the
Commissioner,
prepare
a
detailed
list
of
the
seized
or
documents
and
articles.
He
shall
give
an
accurate
copy
of
the
same
to
the
alleged
(c)
by
printing
out
the
Contents
of
the
disk
or
device
with
a
the
use
of
a
printer.
infringing
defendant,
expected
adverse
party,
his
agent
or
representative,
to
the
When
the
computer
disks
or
storage
devices
cannot
be
readily
removed
from
the
person
in
charge
or
in
control
of
the
premises
or
residing
or
working
therein
in
computer
to
which
they
are
fitted,
the
sheriff
may
take
the
subject
computer
from
the
custody
of
the
alleged
infringing
defendant,
expected
adverse
party
or
person
in
charge
or
in
control
of
the
premises
or
residing
or
working
therein.
Section
19.
Proceedings
on
return.
-‐
Five
(5)
days
after
issuance
of
the
writ,
the
issuing
judge
shall
ascertain
if
the
writ
has
not
been
served
or
the
return
has
Section
17.
Sheriff's
return.
-‐
The
sheriff
who
executed
the
writ
shall,
within
three
been
made
by
the
sheriff.
If
the
writ
was
not
served
or
no
return
was
made,
it
(3)
days
from
its
enforcement,
make
a
verified
return
to
the
court
which
issued
shall
summon
the
sheriff
and
the
applicant
to
whom
the
writ
was
issued
and
the
writ.
The
return
shall
contain
a
full
statement
of
the
proceedings
under
the
require
them
to
explain
why
the
writ
was
not
served
or
why
no
return
has
been
writ
and
a
complete
inventory
of
the
documents
and
articles
searched,
inspected
filed
as
the
case
may
be.
If
the
return
has
been
made,
the
judge
shall,
after
or
copied
or
seized
and
impounded,
with
copies
served
on
the
applicant,
the
notice
to
the
applicant,
the
alleged
infringing
defendant
or
expected
adverse
defendant
or
expected
adverse
party
and
the
Commissioner.
party,
the
sheriff
and
the
Commissioner,
ascertain
whether
the
provisions
of
this
If
not
all
of
the
documents
and
articles
enumerated
in
the
order
and
writ
were
Rule
and
applicable
laws
have
been
complied
with.
seized,
the
sheriff
shall
so
report
to
the
court
and
state
is
the
reasons
therefor.
All
objections
of
the
defendant,
expected
adverse
party
or
person
in
charge
of
Section
20.
Failure
to
file
complaint.
-‐
The
writ
shall
also.
Upon
motion
of
the
the
premises
on
the
manner
and
regularity
of
the
service
of
the
writ
shall
be
expected
adverse
party,
be
set
aside
and
the
seized
documents
and
articles
included
by
the
sheriff
in
his
return.
returned
to
the
expected
adverse
party
if
no
case
is
filed
with
the
appropriate
court
or
authority
within
thirty-‐one
(31)
calendar
days
from
the
date
of
issuance
Section
18.
Discharge
of
writ
by
the
defendant
or
expected
adverse
party.
-‐
of
the
writ.
Without
waiting
for
return
to
be
filed
by
the
sheriff,
the
defendant,
expected
adverse
party
or
the
party
whose
property
has
been
searched,
inspected,
copied
Section
21.
Claim
for
damages.
-‐
Where
the
writ
is
discharged
on
any
of
die
or
seized
may
file
a
motion
with
the
court
which
issued
the
writ
for
its
discharge
grounds
provided
in
this
Rule,
or
where
it
is
found
after
trial
that
there
has
been
with
prayer
for
the
return
of
the
documents
and
articles
seized.
no
infringement
or
threat
of
infringement
of
an
intellectual
property
right,
the
The
writ
may
be
discharged
on
any
of
the
following
grounds:
court.
Upon
motion
of
the
alleged
infringing
defendant
or
expected
adverse
(a)
that
the
writ
was
improperly
or
irregularly
issued,
or
excessively
enforced;
party
and
after
due
hearing,
shall
order
the
applicant
to
compensate
the
(b)
that
the
bond
is
insufficient;
defendant
or
expected
adverse
party
upon
the
cash
bond,
surety
bond
or
other
(c)
that
tile
safeguards
provided
in
the
writ
have
been
violated
by
the
applicant
equivalent
security
for
any
injury
or
damage
the
latter
suffered
by
the
issuance
or
the
sheriff;
or
and
enforcement
of
the
writ.
Should
the
damages
exceed
the
amount
of
the
(d)
that
the
documents
and
articles
seized
are
not
infringing
copies
or
means
for
bond,
the
applicant
shall
be
liable
for
the
payment
of
the
excess.
making
the
materials
alleged
to
infringe
the
intellectual
property
right
of
the
When
a
complaint
is
already
filed
in
court,
the
motion
shall
be
filed
with
the
applicant.
same
court
during
the
trial
or
before
appeal
is
perfected
or
before
judgment
The
writ
may
be
discharged
in
a
summary
hearing
by
the
court
after
notice
to
the
becomes
executory,
with
due
notice
to
the
applicant,
setting
forth
the
facts
applicant,
the
sheriff
and
the
Commissioner.
showing
the
defendant's
right
to
damage's
and
the
amount
thereof.
The
award
If
the
court
finds
that
the
bond
is
insufficient,
it
shall
order
a.
new
bond
to
be
of
damages
shall
be
included
in
the
judgment
in
the
main
case.
filed
by
the
applicant
within
a
reasonable
time.
The
discharge
of
the
writ
based
Where
no
complaint
is
filed
against
the
expected
adverse
party,
the
motion
shall
on
the
insufficiency
of
the
bond
may
only
be
made
if
the
applicant
fails
to
post
be
filed
with
the
court
which
issued
the
writ.
In
such
a
case,
the
court
shall
set
the
new
bond
within
the
period
fixed
by
the
court.
the
motion
for
summary
hearing
and
immediately
determine
the
expected
adverse
party's
right
to
damages.
faithfully
recorded
in
the
separate
logbook.
A
judgment
in
favor
of
the
applicant
in
its
principal
claim,
should
not
necessarily
bar
the
alleged
infringing
defendant
from
recovering
damages
where
he
suffered
Section
25.
Effect
of
violation.
-‐
A
violation
of
any
of
the
terms
and
conditions
of
losses
by
reason
of
the
wrongful
issuance
or
enforcement
of
the
writ.
the
order
and
the
writ
of
search
and
seizure
or
any
provision
of
this
Rule
shall
The
damages
provided
for
in
this
section
shall
be
independent
from
the
damages
constitute
contempt
of
court.
claimed
by
the
defendant
in
his
counterclaim.
Section
26.
Writ
not
a
bar
to
other
measures.
-‐
The
availment
of
the
writ
of
Section
22.
Judgment.
-‐
If
it
appears
after
trial
that
the
seized
documents
and
search
and
seizure
under
this
Rule
shall
not
prevent
the
applicant
from
resorting
articles
are
found
to
infringe
the
intellectual
property
right
of
the
applicant
or
to
other
provisional
measures
or
remedies
provided
in
existing
laws
and
that
they
constitute
the
means
for
the
production
of
infringing
goods,
the
court
procedural
rules.
shall
order
their
destruction
or
donation
to
charitable,
educational
or
religious
institutions
with
the
prohibition
against
bringing
the
same
into
the
channels
of
Section
27.
Effectivity.
-‐
This
Rule
shall
take
effect
on
February
15,
2002
after
its
commerce.
In
the
latter
case,
infringing
trademarks
or
trade
names
found
on
publication
in
two
(2)
newspapers
of
general
circulation
not
later
than
January
labels,
tags
and
other
portions
of
the
infringing
materials
shall
be
removed
or
30,
2002.
defaced
before
the
donation.
In
no
case
shall
the
infringing
materials
be
returned
to
the
defendant.
The
presentation
of
the
master
tapes
of
the
copyrighted
films
from
which
the
If
the
court
finds
no
infringement,
the
seized
materials
shall
be
immediately
pirated
films
were
allegedly
copied,
was
necessary
for
the
validity
of
search
returned
to
the
defendant.
warrant
against
those
who
have
in
their
possession
the
pirated
films.
The
court
cannot
presume
that
duplicate
or
copied
tapes
were
necessarily
reproduced
from
th
Section
23.
Direct
filing,
provisional
docketing
and
deposit
of
prescribed
filing
fee.
master
tapes
that
it
owns.
(20
Century
Fox
v.
CA,
1988)
-‐
The
Regional
Trial
Courts
specially
designated
to
try
violations
of
intellectual
property
rights
shall
keep
a
distinct
and
separate
logbook
for
writs
of
search
and
Infringement
of
copyright
is
a
trespass
on
a
private
domain
owned
and
occupied
seizure.
The
application
for
a
writ
of
search
and
seizure
filed
directly
with
the
by
the
owner
of
the
copyright,
and
therefore,
protected
by
law,
and
infringement
said
courts
shall
be
given
a
provisional
docket
number.
The
prescribed
filing
fee
of
copyright,
piracy,
which
is
a
synonymous
term
in
this
connection,
consists
in
shall
be
deposited
with
the
branch
clerk
of
court
and
properly
receipted
for
and
doing
by
any
person,
without
the
consent
of
the
owner
of
the
copyright,
of
transmitted
to
the
Clerk
of
Court
within
twenty-‐four
(24)
hours
from
issuance
of
anything
the
sole
right
to
do
which
is
conferred
by
statute
on
the
owner
of
the
the
order
granting
or
denying
the
application
for
said
writ.
If
a
formal
complaint
copyright.
A
copy
of
a
piracy
s
an
infringement
of
the
original,
and
it
is
no
is
filed
thereafter,
the
Clerk
of
Court
may
make
a.
reassessment
of
the
filing
fee.
defense
that
the
pirate,
in
such
cases,
did
not
know
what
words
he
was
indirectly
copying,
or
did
not
know
whether
or
not
he
was
infringing
any
copyright;
he
at
Section
24.
Separate
logbook.
-‐
In
every
court,
there
shall
be
a
logbook
under
the
least
knew
that
what
he
was
copying
was
not
hism
and
he
copied
at
his
peril.
In
custody
of
the
Clerk
of
Court
wherein
shall
be
docketed
and
entered
within
determining
the
question
of
infringement,
the
amount
of
matter
copied
from
the
twenty-‐four
(24)
hours
after
the
issuance
or
denial
of
the
writ
of
search
and
copyrighted
work
is
an
important
consideration.
To
constitute
infringement,
it
is
seizure,
the
filing
of
such
application
and
other
particulars
thereof.
All
the
not
necessary
that
the
whole
or
even
a
large
portion
of
the
work
shall
have
been
subsequent
proceedings
concerning
the
writ
of
search
and
seizure
shall
be
copied.
If
so
much
is
taken
that
the
value
of
the
original
is
sensibly
diminished,
or
the
labors
of
the
original
author
are
substantially
and
to
an
injurious
extent
what
is
prohibited.
The
copying
must
produce
an
injurious
effect.
The
SC
also
appropriated
by
another,
that
is
sufficient
in
poinr
of
law
to
constitute
a
piracy.
said
that,
a
pirate
cannot
claim
that
copied
portions
of
copyrighted
book
are
also
(Columbia
Pictures,
Inc.
v.
Court
of
Appeals,
1996)
found
in
foreign
books
and
other
grammar
books,
and
that
the
similarity
between
her
style
and
that
of
other
author
cannot
be
avoided
since
they
come
February
28
and
29
of
a
leap
year
should
be
counted
as
separate
days
in
from
the
same
background
and
orientation.
Under
Section
184
of
RA
8293,
“the
computing
periods
of
prescription.(People
v.
Ramos,
1978)
making
of
quotations
from
a
published
work
if
they
are
compatible
with
fair
use
and
only
to
the
extent
justified
for
the
purpose”
must
provide
for
the
source
and
ARTICLE
7
OF
LAW
OF
INTELLECTUAL
PROPERTY
states
that:
“Nobody
may
the
name
of
the
author.
(Habana
v.
Robles,
1999)
reproduce
another
person's
work
without
the
owner's
consent,
even
merely
to
annotate
or
add
anything
to
it,
or
improve
any
edition
thereof.”THUS,
it
is
not
The
format
or
mechanics
of
a
television
show
are
not
copyrightable
under
Sec.
2
necessary,
that
a
work
should
be
an
improper
copy
of
another
work
previously
of
PD
49,
which
enumerates
the
work
that
can
be
copyrighted,
which
is
the
same
published.
It
is
enough
that
another's
work
has
been
reproduced
without
the
as
Sec.
172
of
the
IPC,
which
refers
to
finished
works
and
not
concepts.
The
consent
of
the
owner,
even
though
it
be
only
to
annotate,
add
something
to
it,
or
copyright
does
not
extent
to
an
idea,
procedure,
process,
system,
method
of
improve
any
edition
thereof.
The
protection
of
the
law
cannot
be
denied
to
the
operation,
concept,
principle,
or
discovery,
regardless
of
the
form
in
which
it
is
author
of
a
dictionary,
for
although
words
are
not
the
property
of
anybody,
their
described,
explained,
illustrated,
or
emobodied
in
such
work.
Copyright
in
the
definitions,
the
example
that
explain
their
sense,
and
the
manner
of
expressing
strict
sense
of
the
term,
is
purely
a
statutory
right.
It
is
a
new
or
independent
their
different
meanings,
may
constitute
a
special
work.
On
this
point,
the
right
granted
by
the
statute,
and
not
simply
a
pre-‐existing
right
regulated
by
the
correctional
court
of
the
Seine
held,
on
August
16,
1864,
that
a
dictionary
statue.
Being
a
statutory
grant,
the
rights
are
only
such
as
the
statute
confers,
constitutes
property,
although
some
of
the
words
therein
are
explained
by
mere
and
may
be
obtained
and
enjoyed
only
with
respect
to
the
subjects
and
by
the
definitions
expressed
in
a
few
lines
and
sanctioned
by
usage,
provided
that
the
persons,
and
on
terms
and
conditions
specified
by
the
statute.
Since
copyright
in
greater
part
of
the
other
words
contain
new
meanings;
new
meanings
which
published
works
is
purely
a
statutory
creation,
a
copyright
may
be
obtained
only
evidently
may
only
belonged
to
the
first
person
who
published
them.(Serrano
for
a
work
falling
within
the
statutory
enumeration
or
description.
(Joaquin
v.
Laktaw
v.
Paglinawan)
Drilon,
1999)
The
Court
considered
as
an
indicia
of
guilt
or
wrongdoing
the
act
of
the
pirate
of
Copyright
is
a
mere
statutory
grant,
the
rights
are
limited
to
what
the
statute
pulling
out
from
the
Goodwill
Bookstrores
the
questioned
book
upon
learning
of
confers.
Accordingly
it
can
cover
only
works
falling
with
the
statutory
the
other
author’s
demand.
It
was
further
noted
that
when
the
pirated
book
was
enumeration
or
description.
By
nature
or
things,
there
can
be
no
unfair
re-‐issued
as
a
revised
version,
all
the
pages
cited
by
the
complaining
author
to
competition
under
the
law
on
copyrights.
(Pearl
&
Dean
v.
Shoemart,
2003)
contain
portion
of
his
copyrighted
book
were
eliminated.
As
regards
the
question
“when
is
there
a
substantial
reproduction
of
a
book?,”
the
court
said
that
it
does
Authors
of
compilation
works
have
copyright
up
to
the
extent
of
their
work,
not
necessarily
require
that
the
entire
copyrighted
work,
or
even
a
large
portion
which
is
their
original
work.
(Peralta)
of
it,
be
copied.
If
so
much
is
taken
that
the
value
of
the
original
work
is
substantially
diminished,
there
is
an
infringement
of
copyright
and
to
an
injurious
2.12Moral
Rights
extent,
the
work
is
appropriated.
In
cases
of
infringement,
copying
alone
is
not
Article
6bis,
Berne
Convention
for
the
protection
of
Literary
and
Artistic
Works
publication;
[Moral
Rights:
1.
To
claim
authorship;
to
object
to
certain
modifications
and
193.3.
To
object
to
any
distortion,
mutilation
or
other
modification
of,
or
other
other
derogatory
actions;
2.
After
the
author’s
death;
3.
Means
of
redress]
derogatory
action
in
relation
to,
his
work
which
would
be
prejudicial
to
his
honor
or
reputation;
and
(1)
Independently
of
the
author’s
economic
rights,
and
even
after
the
transfer
of
the
said
rights,
the
author
shall
have
the
right
to
claim
authorship
of
the
work
193.4.
To
restrain
the
use
of
his
name
with
respect
to
any
work
not
of
his
own
and
to
object
to
any
distortion,
mutilation
or
other
modification
of,
or
other
creation
or
in
a
distorted
version
of
his
work.
derogatory
action
in
relation
to,
the
said
work,
which
would
be
prejudicial
to
his
honor
or
reputation.
Sec.
194.
Breach
of
Contract.
-‐
An
author
cannot
be
compelled
to
perform
his
contract
to
create
a
work
or
for
the
publication
of
his
work
already
in
existence.
(2)
The
rights
granted
to
the
author
in
accordance
with
the
preceding
paragraph
However,
he
may
be
held
liable
for
damages
for
breach
of
such
contract.
shall,
after
his
death,
be
maintained,
at
least
until
the
expiry
of
the
economic
rights,
and
shall
be
exercisable
by
the
persons
or
institutions
authorized
by
the
Sec.
195.
Waiver
of
Moral
Rights.
-‐
An
author
may
waive
his
rights
mentioned
in
legislation
of
the
country
where
protection
is
claimed.
However,
those
countries
Section
193
by
a
written
instrument,
but
no
such
waiver
shall
be
valid
where
its
whose
legislation,
at
the
moment
of
their
ratification
of
or
accession
to
this
Act,
effects
is
to
permit
another:
does
not
provide
for
the
protection
after
the
death
of
the
author
of
all
the
rights
set
out
in
the
preceding
paragraph
may
provide
that
some
of
these
rights
may,
195.1.
To
use
the
name
of
the
author,
or
the
title
of
his
work,
or
otherwise
to
after
his
death,
cease
to
be
maintained.
make
use
of
his
reputation
with
respect
to
any
version
or
adaptation
of
his
work
which,
because
of
alterations
therein,
would
substantially
tend
to
injure
the
(3)
The
means
of
redress
for
safeguarding
the
rights
granted
by
this
Article
shall
literary
or
artistic
reputation
of
another
author;
or
be
governed
by
the
legislation
of
the
country
where
protection
is
claimed.
195.2.
To
use
the
name
of
the
author
with
respect
to
a
work
he
did
not
create.
Sections
193-‐199,
IPC
Sec.
196.
Contribution
to
Collective
Work.
-‐
When
an
author
contributes
to
a
Sec.
193.
Scope
of
Moral
Rights.
-‐
The
author
of
a
work
shall,
independently
of
collective
work,
his
right
to
have
his
contribution
attributed
to
him
is
deemed
the
economic
rights
in
Section
177
or
the
grant
of
an
assignment
or
license
with
waived
unless
he
expressly
reserves
it.
respect
to
such
right,
have
the
right:
Sec.
197.
Editing,
Arranging
and
Adaptation
of
Work.
-‐
In
the
absence
of
a
193.1.
To
require
that
the
authorship
of
the
works
be
attributed
to
him,
in
contrary
stipulation
at
the
time
an
author
licenses
or
permits
another
to
use
his
particular,
the
right
that
his
name,
as
far
as
practicable,
be
indicated
in
a
work,
the
necessary
editing,
arranging
or
adaptation
of
such
work,
for
prominent
way
on
the
copies,
and
in
connection
with
the
public
use
of
his
work;
publication,
broadcast,
use
in
a
motion
picture,
dramatization,
or
mechanical
or
electrical
reproduction
in
accordance
with
the
reasonable
and
customary
193.2.
To
make
any
alterations
of
his
work
prior
to,
or
to
withhold
it
from
standards
or
requirements
of
the
medium
in
which
the
work
is
to
be
used,
shall
not
be
deemed
to
contravene
the
author's
rights
secured
by
this
chapter.
Nor
shall
have
an
inalienable
right
to
participate
in
the
gross
proceeds
of
the
sale
or
shall
complete
destruction
of
a
work
unconditionally
transferred
by
the
author
lease
to
the
extent
of
five
percent
(5%).
This
right
shall
exist
during
the
lifetime
of
be
deemed
to
violate
such
rights.
the
author
and
for
fifty
(50)
years
after
his
death.
Sec.
198.
Term
of
Moral
Rights.
-‐
Sec.
201.
Works
Not
Covered.
-‐
The
provisions
of
this
Chapter
shall
not
apply
to
prints,
etchings,
engravings,
works
of
applied
art,
or
works
of
similar
kind
198.1.
The
rights
of
an
author
under
this
chapter
shall
last
during
the
lifetime
of
wherein
the
author
primarily
derives
gain
from
the
proceeds
of
reproductions.
the
author
and
for
fifty
(50)
years
after
his
death
and
shall
not
be
assignable
or
subject
to
license.
The
person
or
persons
to
be
charged
with
the
posthumous
2.14 Neighboring
Rights
enforcement
of
these
rights
shall
be
named
in
writing
to
be
filed
with
the
National
Library.
In
default
of
such
person
or
persons,
such
enforcement
shall
Sec.
202,
IPC
devolve
upon
either
the
author's
heirs,
and
in
default
of
the
heirs,
the
Director
of
the
National
Library.
Sec.
202.
Definitions.-‐
For
the
purpose
of
this
Act,
the
following
terms
shall
have
the
following
meanings:
198.2.
For
purposes
of
this
Section,
"Person"
shall
mean
any
individual,
partnership,
corporation,
association,
or
society.
The
Director
of
the
National
202.1.
"Performers"
are
actors,
singers,
musicians,
dancers,
and
other
persons
Library
may
prescribe
reasonable
fees
to
be
charged
for
his
services
in
the
who
act,
sing,
declaim,
play
in,
interpret,
or
otherwise
perform
literary
and
application
of
provisions
of
this
Section.
artistic
work;
Sec.
199.
Enforcement
Remedies.
-‐
Violation
of
any
of
the
rights
conferred
by
this
202.2.
"Sound
recording"
means
the
fixation
of
the
sounds
of
a
performance
or
Chapter
shall
entitle
those
charged
with
their
enforcement
to
the
same
rights
of
other
sounds,
or
representation
of
sound,
other
than
in
the
form
of
a
fixation
and
remedies
available
to
a
copyright
owner.
In
addition,
damages
which
may
be
incorporated
in
a
cinematographic
or
other
audiovisual
work;
availed
of
under
the
Civil
Code
may
also
be
recovered.
Any
damage
recovered
after
the
creator's
death
shall
be
held
in
trust
for
and
remitted
to
his
heirs,
and
in
202.3.
An
"audiovisual
work
or
fixation"
is
a
work
that
consists
of
a
series
of
default
of
the
heirs,
shall
belong
to
the
government.
related
images
which
impart
the
impression
of
motion,
with
or
without
accompanying
sounds,
susceptible
of
being
made
visible
and,
where
2.13 Right
to
Proceeds
in
Subsequent
Transfers
(Droit
De
Suite
or
accompanied
by
sounds,
susceptible
of
being
made
audible;
Follow
Up
Rights)
202.4.
"Fixation"
means
the
embodiment
of
sounds,
or
of
the
representations
Sections
200-‐201,
IPC
thereof,
from
which
they
can
be
perceived,
reproduced
or
communicated
through
a
device;
Sec.
200.
Sale
or
Lease
of
Work.
-‐
In
every
sale
or
lease
of
an
original
work
of
painting
or
sculpture
or
of
the
original
manuscript
of
a
writer
or
composer,
202.5.
"Producer
of
a
sound
recording"
means
the
person,
or
the
legal
entity,
subsequent
to
the
first
disposition
thereof
by
the
author,
the
author
or
his
heirs
who
or
which
takes
the
initiative
and
has
the
responsibility
for
the
first
fixation
of
the
sounds
of
a
performance
or
other
sounds,
or
the
representation
of
sounds;
a. Rights
of
Performers
202.6.
"Publication
of
a
fixed
performance
or
a
sound
recording"
means
the
offering
of
copies
of
the
fixed
performance
or
the
sound
recording
to
the
public,
Sections
203-‐207,
IPC
with
the
consent
of
the
right
holder:
Provided,
That
copies
are
offered
to
the
public
in
reasonable
quality;
Sec.
203.
Scope
of
Performers'
Rights.
-‐
Subject
to
the
provisions
of
Section
212,
performers
shall
enjoy
the
following
exclusive
rights:
202.7.
"Broadcasting"
means
the
transmission
by
wireless
means
for
the
public
reception
of
sounds
or
of
images
or
of
representations
thereof;
such
203.1.
As
regards
their
performances,
the
right
of
authorizing:
transmission
by
satellite
is
also
"broadcasting"
where
the
means
for
decrypting
(a)
The
broadcasting
and
other
communication
to
the
public
of
their
are
provided
to
the
public
by
the
broadcasting
organization
or
with
its
consent;
performance;
and
(b)
The
fixation
of
their
unfixed
performance.
202.8.
"Broadcasting
organization"
shall
include
a
natural
person
or
a
juridical
entity
duly
authorized
to
engage
in
broadcasting;
and
203.2.
The
right
of
authorizing
the
direct
or
indirect
reproduction
of
their
performances
fixed
in
sound
recordings,
in
any
manner
or
form;
202.9.
"Communication
to
the
public
of
a
performance
or
a
sound
recording"
means
the
transmission
to
the
public,
by
any
medium,
otherwise
than
by
203.3.
Subject
to
the
provisions
of
Section
206,
the
right
of
authorizing
the
first
broadcasting,
of
sounds
of
a
performance
or
the
representations
of
sounds
fixed
public
distribution
of
the
original
and
copies
of
their
performance
fixed
in
the
in
a
sound
recording.
For
purposes
of
Section
209,
"communication
to
the
public"
sound
recording
through
sale
or
rental
or
other
forms
of
transfer
of
ownership;
includes
making
the
sounds
or
representations
of
sounds
fixed
in
a
sound
recording
audible
to
the
public.
203.4.
The
right
of
authorizing
the
commercial
rental
to
the
public
of
the
original
and
copies
of
their
performances
fixed
in
sound
recordings,
even
after
Sec.
212,
IPC
distribution
of
them
by,
or
pursuant
to
the
authorization
by
the
performer;
and
Sec.
212.
Limitations
on
Rights.
-‐
Sections
203,
208
and
209
shall
not
apply
where
203.5.
The
right
of
authorizing
the
making
available
to
the
public
of
their
the
acts
referred
to
in
those
Sections
are
related
to:
performances
fixed
in
sound
recordings,
by
wire
or
wireless
means,
in
such
a
way
that
members
of
the
public
may
access
them
from
a
place
and
time
individually
212.1.
The
use
by
a
natural
person
exclusively
for
his
own
personal
purposes;
chosen
by
them.
212.2.
Using
short
excerpts
for
reporting
current
events;
Sec.
204.
Moral
Rights
of
Performers.
-‐
212.3.
Use
solely
for
the
purpose
of
teaching
or
for
scientific
research;
and
204.1.
Independently
of
a
performer's
economic
rights,
the
performer,
shall,
as
regards
his
live
aural
performances
or
performances
fixed
in
sound
recordings,
212.4.
Fair
use
of
the
broadcast
subject
to
the
conditions
under
section
185.
have
the
right
to
claim
to
be
identified
as
the
performer
of
his
performances,
except
where
the
omission
is
dictated
by
the
manner
of
the
use
of
the
215.1.
The
rights
granted
to
performers
and
producers
of
sound
recordings
performance,
and
to
object
to
any
distortion,
mutilation
or
other
modification
of
under
this
law
shall
expire:
his
performances
that
would
be
prejudicial
to
his
reputation.
(a)
For
performances
not
incorporated
in
recordings,
fifty
(50)
years
from
the
end
of
the
year
in
which
the
performance
took
place;
and
204.2.
The
rights
granted
to
a
performer
in
accordance
with
Subsection
203.1
(b)
For
sound
or
image
and
sound
recordings
and
for
performances
incorporated
shall
be
maintained
and
exercised
fifty
(50)
years
after
his
death,
by
his
heirs,
and
therein,
fifty
(50)
years
from
the
end
of
the
year
in
which
the
recording
took
in
default
of
heirs,
the
government,
where
protection
is
claimed.
place.
Sec.
205.
Limitation
on
Right.
-‐
215.2.
In
case
of
broadcasts,
the
term
shall
be
twenty
(20)
years
from
the
date
the
broadcast
took
place.
The
extended
term
shall
be
applied
only
to
old
works
205.1.
Subject
to
the
provisions
of
Section
206,
once
the
performer
has
with
subsisting
protection
under
the
prior
law.
authorized
the
broadcasting
or
fixation
of
his
performance,
the
provisions
of
Sections
203
shall
have
no
further
application.
b. Rights
of
Procedures
of
Sound
Recording
Sections
208-‐210,
IPC
205.2.
The
provisions
of
Section
184
and
Section
185
shall
apply
mutatis
mutandis
to
performers.
Sec.
208.
Scope
of
Right.
-‐
Subject
to
the
provisions
of
Section
212,
producers
of
sound
recordings
shall
enjoy
the
following
exclusive
rights:
Sec.
206.
Additional
Remuneration
for
Subsequent
Communications
or
Broadcasts.
-‐
Unless
otherwise
provided
in
the
contract,
in
every
communication
208.1.
The
right
to
authorize
the
direct
or
indirect
reproduction
of
their
sound
to
the
public
or
broadcast
of
a
performance
subsequent
to
the
first
recordings,
in
any
manner
or
form;
the
placing
of
these
reproductions
in
the
communication
or
broadcast
thereof
by
the
broadcasting
organization,
the
market
and
the
right
of
rental
or
lending;
performer
shall
be
entitled
to
an
additional
remuneration
equivalent
to
at
least
five
percent
(5%)
of
the
original
compensation
he
or
she
received
for
the
first
208.2.
The
right
to
authorize
the
first
public
distribution
of
the
original
and
communication
or
broadcast.
copies
of
their
sound
recordings
through
sale
or
rental
or
other
forms
of
transferring
ownership;
and
Sec.
207.
Contract
Terms.
-‐
Nothing
in
this
Chapter
shall
be
construed
to
deprive
performers
of
the
right
to
agree
by
contracts
on
terms
and
conditions
more
208.3.
The
right
to
authorize
the
commercial
rental
to
the
public
of
the
original
favorable
for
them
in
respect
of
any
use
of
their
performance.
and
copies
of
their
sound
recordings,
even
after
distribution
by
them
by
or
pursuant
to
authorization
by
the
producer.
Sec.
215,
IPC
Sec.
209.
Communication
to
the
Public.
-‐
If
a
sound
recording
published
for
Sec.
215.
Term
of
Protection
for
Performers,
Producers
and
Broadcasting
commercial
purposes,
or
a
reproduction
of
such
sound
recording,
is
used
directly
Organizations.-‐
for
broadcasting
or
for
other
communication
to
the
public,
or
is
publicly
performed
with
the
intention
of
making
and
enhancing
profit,
a
single
equitable
remuneration
for
the
performer
or
performers,
and
the
producer
of
the
sound
211.2.
The
recording
in
any
manner,
including
the
making
of
films
or
the
use
of
recording
shall
be
paid
by
the
user
to
both
the
performers
and
the
producer,
video
tape,
of
their
broadcasts
for
the
purpose
of
communication
to
the
public
of
who,
in
the
absence
of
any
agreement
shall
share
equally.
television
broadcasts
of
the
same;
and
Sec.
210.
Limitation
of
Right.
-‐
Sections
184
and
185
shall
apply
mutatis
mutandis
211.3.
The
use
of
such
records
for
fresh
transmissions
or
for
fresh
recording.
to
the
producer
of
sound
recordings.
Sec.
215.2,
IPC
Sec.
215,
IPC
215.2.
In
case
of
broadcasts,
the
term
shall
be
twenty
(20)
years
from
the
date
Sec.
215.
Term
of
Protection
for
Performers,
Producers
and
Broadcasting
the
broadcast
took
place.
The
extended
term
shall
be
applied
only
to
old
works
Organizations.-‐
with
subsisting
protection
under
the
prior
law.
215.1.
The
rights
granted
to
performers
and
producers
of
sound
recordings
PMSI
is
not
engaged
in
rebroadcasting.
Rebroadcasting
has
been
defined
as
“the
under
this
law
shall
expire:
simultaneous
broadcasting
by
one
broadcasting
organization
of
the
broadcast
of
(a)
For
performances
not
incorporated
in
recordings,
fifty
(50)
years
from
the
end
another
broadcasting
organization.”
It
is
also
“the
transmission
by
wireless
of
the
year
in
which
the
performance
took
place;
and
means
for
the
public
reception
of
sounds
or
of
images
or
of
representations
(b)
For
sound
or
image
and
sound
recordings
and
for
performances
incorporated
thereof;
such
transmission
by
satellite
is
also
‘broadcasting’
where
the
means
for
therein,
fifty
(50)
years
from
the
end
of
the
year
in
which
the
recording
took
decrypting
are
provided
to
the
public
by
the
broadcasting
organization
or
with
its
place.
consent.”
PMSI
is
only
engaged
in
the
carrying
of
signals
of
ABS-‐CBN
coming
from
ABS-‐CBN
and
transmitting
signals.
PMSI
is
not
the
origin
nor
does
it
claim
to
be
215.2.
In
case
of
broadcasts,
the
term
shall
be
twenty
(20)
years
from
the
date
the
origin
of
the
programs
broadcasted
by
the
ABS-‐CBN.
PMSI
did
not
make
and
the
broadcast
took
place.
The
extended
term
shall
be
applied
only
to
old
works
transmit
on
its
own
but
merely
carried
the
existing
signals
of
the
ABS-‐CBN.
When
with
subsisting
protection
under
the
prior
law.
PMSI
subscribers
view
ABS-‐CBN’s
programs
in
Channels
2
and
23,
they
know
that
the
origin
thereof
was
the
ABS-‐CBN.
The
latter
creates
and
transmits
its
own
c. Rights
of
Broadcasting
Organizations
signals;
PMSI
merely
carries
such
signals
which
the
viewers
receive
in
their
unaltered
form.
PMSI
does
not
produce,
select
or
determines
the
programs
to
be
Sections
211,
IPC
shown
over
Channels
2
and
23,
and
does
not
pass
itself
off
as
the
originator
or
author
of
such
programs.
Insofar
as
the
subject
Channels
are
concerned,
PMSI
Sec.
211.
Scope
of
Right.
-‐
Subject
to
the
provisions
of
Section
212,
broadcasting
merely
retransmits
the
same
in
accordance
with
NTC
Memo
Circular
04-‐08-‐08.
organizations
shall
enjoy
the
exclusive
right
to
carry
out,
authorize
or
prevent
PMSI,
with
regard
to
its
premium
channels,
buys
the
said
channels
from
content
any
of
the
following
acts:
providers
and
transmits
these
on
an
as-‐is
basis
to
its
viewers.
Clearly,
PMSI
does
not
perform
the
functions
of
a
broadcasting
organization
and
thus,
it
cannot
be
211.1.
The
rebroadcasting
of
their
broadcasts;
said
that
it
is
engaged
in
the
rebroadcasting
of
Channels
2
and
23.(ABS-‐CBN
Broadcasting
vs.
Philippine
Multi-‐Media
System,
2009)