WHAT IS COPYRIGHT? 8.

(h) Original ornamental designs or models for articles of

Copyright is the legal protection extended to the owner of the rights in an
original work.
“Original work” refers to every production in the literary, scientific and
artistic domain. Among the literary and artistic works enumerated in the IP
Code includes books and other writings, musical works, films, paintings and
other works, and computer programs.
Works are protected by the sole fact of their creation, irrespective of their
mode or form of expression, as well as their content, quality and purpose.
Thus, it does not matter if, in the eyes of some critics, a certain work has
little artistic value. So long as it has been independently created and has a
minimum of creativity, the same enjoys copyright protection.
manufacture, whether or not registrable as an industrial design, and
other works of applied art
9. (i) Illustrations, maps, plans, sketches, charts and three-dimensional
works relative to geography, topography, architecture or science
10. (j) Drawings or plastic works of a scientific or technical character
11. (k) Photographic works including works produced by a process
analogous to photography; lantern slides
12. (l) Audiovisual works and cinematographic works and works
produced by a process analogous to cinematography or any process
for making audio-visual recordings
13. (m) Pictorial illustrations and advertisements

14. (n) Computer programs

WHAT ARE THE WORKS COVERED BY COPYRIGHT PROTECTION UNDER THE 15. (o) Other literary, scholarly, scientific and artistic works.
INTELLECTUAL PROPERTY CODE?
WHAT ARE THE TWO TYPES OF RIGHTS UNDER COPYRIGHT?
Section 172 of the IP Code lists the works covered by copyright protection
from the moment of their creation, namely:  There are two types of rights under copyright: (1) economic rights,
so-called because they enable the creator to obtain remuneration
1. (a) Books, pamphlets, articles and other writings
from the exploitation of his works by third parties, and (2) moral
2. (b) Periodicals and newspapers rights, which makes it possible for the creator to undertake
measures to maintain and protect the personal connection between
3. (c) Lectures, sermons, addresses, dissertations prepared for oral himself and the work.
delivery, whether or not reduced in writing or other material form
 Economic rights include:
4. (d) Letters
1. Reproduction
5. (e) Dramatic or dramatico-musical compositions; choreographic
works or entertainment in dumb shows 2. Transformation First public distribution

6. (f) Musical compositions, with or without words 3. Rental

7. (g) Works of drawing, painting, architecture, sculpture, engraving, 4. Public display

lithography or other work of art; models or designs for works of art
5. Public performance
 6. Other communication to the public of the work.
 Moral rights include:
1. Right of Attribution
2. Right of Alteration
3. Right of Integrity (object to any prejudicial distortion)
4. Right to restrain use of his name.
 Exception to the moral rights
 When an author contributes to a collective
work, his right to have his contribution
attributed to him is deemed waived unless
he expressly reserves it. A collective work is
a work which has been created by two (2)
or more natural persons at the initiative
and 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
identified.
 In the absence of a contrary stipulation at
the time an author licenses or permits
another to use his work, the necessary
editing, arranging or adaptation of such
work, for publication, broadcast, use in a
motion picture, dramatization, or
mechanical or electrical reproduction in
accordance with the reasonable and
customary 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 complete destruction of a work
unconditionally transferred by the author
be deemed to violate such rights.
5. Resale right: In every sale or lease of an original work of
painting or sculpture or of the original manuscript of a
writer or composer, subsequent to the first disposition
thereof by the author, the author or his heirs shall have an
inalienable right to participate in the gross proceeds of the
sale or lease to the extent of five percent (5%). This right
shall exist during the lifetime of the author and for fifty (50)
years after his death.
Related rights
 Authors create works to disseminate them to as large an audience
as possible. Obviously, they cannot do the dissemination by
themselves. They need the help of persons or entities who
contribute substantial creative, technical or organizational skill in
the process of making the works available to the public and whose
interests ought to be protected to encourage them to continue with
their work. Hence, their rights are referred to as “related rights” or
“neighboring rights” since they are related to or are neighboring on
the author’s copyright.
 Thus, we have the related rights of: (a) performers; (b) producers of
sound recordings; and (c) broadcasting organizations.
Copyright ownership
 Generally, the natural person who created the literary and artistic
work owns the copyright to the same.
 For work created during or in the course of employment (works for
hire):
 Employee - if the work is not part of his regular duties, even
if he used the time, facilities and materials of the employer;
  Employer - if the work is the result of the performance of
his regularly assigned duties, unless there is an express or
implied agreement to the contrary.
 For commissioned works: the person who commissioned the work
owns the work but the copyright thereto remains with the creator,
unless there is a written agreement to the contrary.
 For audiovisual works: the producer, the author of the scenario, the
composer of the music, the film director, and the author of the
work so adapted.
WHAT IS THE TERM OF PROTECTION OF COPYRIGHT?
 In general, the term of protection of copyright for original and
derivative works is the life of the author plus fifty (50) years after his
death. The Code specifies the terms of protection for the different
types of works.
 In calculating the term of protection, the term of protection
subsequent to the death of the author shall run from the date of his
death or of publication, but such terms shall always be deemed to
begin on the first day of January of the year following the event
which gave rise to them (i.e. death, publication, making).
WHAT ARE THE LIMITATIONS ON COPYRIGHT AND FAIR USE?
 Copyright protection is not intended to give the copyright owner
absolute control over all possible exploitation of his work. The law
provides for limitations (“statutory fair uses”) on the economic
rights of authors comprising of acts which do not constitute
copyright infringement even if done without the consent of the
copyright holder, such as:
1. The recitation or performance of a work, once it has been
lawfully made accessible to the public, if done privately and
free of charge or if made strictly for a charitable or religious
institution or society; (Sec. 10(1), P.D. No.49)
2. The making of quotations from a published work if they are
compatible with fair use and only to the extent justified for
the purpose, including quotations from newspaper articles
and periodicals in the form of press summaries: Provided,
That the source and the name of the author, if appearing on
the work, are mentioned;
3. The reproduction or communication to the public by mass
media of articles on 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 for information purposes and has not been
expressly reserved: Provided, That the source is clearly
indicated;
4. The reproduction and communication to the public of
literary, scientific or artistic works as part of reports of
current events by means of photography, cinematography
or broadcasting to the extent necessary for the purpose;
5. The inclusion of a work in a publication, broadcast, or other
communication 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 the
source and of the name of the author, if appearing in the
work, are mentioned;
6. The recording made in schools, universities, or educational
institutions of a work included in a broadcast for the use of
such schools, universities or educational institutions:
Provided, That such recording must be deleted within a
reasonable period after they were first broadcast: Provided,
further, That such recording may not be made from
audiovisual works which are part of the general cinema
repertoire of feature films except for brief excerpts of the
work;
 7. The making of ephemeral recordings by a broadcasting
organization by means of its own facilities and for use in its
own broadcast;
 In determining whether the use made of a work in any particular
8. The use made of a work by or under the direction or control
of the 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
use;
9. The public performance or the communication to the public
of a work, in a place where no admission fee is charged in
respect of such public performance or communication, by a
club or institution for charitable or educational purpose
only, whose aim is not profit making, subject to such other
limitations as may be provided in the Regulations;
 Aside from the provisions on the limitations on copyright and on fair
10. Public display of the original or a copy of the work not made
by means of a film, slide, television image or otherwise on
screen or by means of any other device or process:
Provided, That either the work has been published, or, that
original or the copy displayed has been sold, given away or
otherwise transferred to another person by the author or
his successor in title; and
11. Any use made of a work for the purpose of any judicial
proceedings or for the giving of professional advice by a
legal practitioner.
 These limitations, however, should be interpreted in such a way as
to allow the work to be used in a manner which does not conflict
with the normal exploitation of the work and does not unreasonably
prejudice the right holder’s legitimate interest.
 The fair use of a copyrighted work for criticism, comment, news
reporting, teaching including multiple copies for classroom use,
scholarship, research, and similar purposes are not an infringement
of copyright. Decompilation, which is understood here to be the
reproduction of the code and translation of the forms of the
computer program to achieve the inter-operability of an
independently created computer program with other programs may
also constitute fair use.
case is fair use, the factors to be considered shall include:
1. The purpose and character of the use, including whether
such use is of a commercial nature or is for non-profit
education purposes;
2. The nature of the copyrighted work;
3. The amount and substantiality of the portion used in
relation to the copyrighted work as a whole; and
4. The effect of the use upon the potential market for or value
of the copyrighted work.
use, the law allows the following reproductions:
1. the private reproduction of a published work in a single
copy, where the reproduction is made by a natural person
exclusively for research and private study, shall be
permitted, without the authorization of the owner of
copyright in the work.
2. any library or archive whose activities are not for profit
may, without the authorization of the author of copyright
owner, make a single copy of the work by reprographic
reproduction:
 (a) Where the work by reason of its fragile character
or rarity cannot be lent to user in its original form;
 (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 them; when this is considered expedient,
to person requesting their loan for purposes of
 research or study instead of lending the volumes or
booklets which contain them; and
 (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 replace, in the permanent collection of another
similar library or archive, a copy which has been
lost, destroyed or rendered unusable and copies are
not available with the publisher.
3. the reproduction in one (1) back-up copy or adaptation of a
computer program shall be permitted, without 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 or adaptation is
necessary for:
 (a) The use of the computer program in conjunction
with a computer for the purpose, and to the extent,
for which the computer program has been
obtained; and
 (b) Archival purposes, and, for the replacement of
the lawfully owned copy of the computer program
in the event that the lawfully obtained copy of the
computer program is lost, destroyed or rendered
unusable.
WHAT CONSTITUTES INFRINGEMENT?
 Under the IP Code
1. Copyright infringement consists in infringing any right
secured or protected under the Code. It may also consist in
aiding or abetting such infringement. The law also provides
for the liability of a person who at the time when copyright
subsists in a work has in his possession an article which he
knows, or ought to know, to be an infringing copy of the
work for the purpose of:
 Selling or letting for hire, or by way of trade offering
or exposing for sale or hire, the article;
 Distributing the article for the purpose of trade, or
for any other purpose to an extent that will
prejudice the rights of the copyright owner in the
work; or
 Trade exhibit of the article in public.
WHAT ARE THE REQUIREMENTS FOR COPYRIGHT REGISTRATION?
 The owner of the copyright may file an application for a certificate
of registration and deposit of copies or reproduction of the works or
works personally or via registered mail with the Copyright Division
of the National Library and the Supreme Court Library. The
application must contain the following:
1. A duly accomplished form in duplicate for each work,
provided, that a separate application is submitted for each
number of a periodical containing a notice of copyright.
2. A support document evidencing ownership of the copyright,
the manner of its acquisition if the claimant is not the
original author translator, or editor, and where and in what
establishment the work was made, performed, printed, or
produced, and the date of its completion and publication.
3. Receipt showing payment of the registration fee if the
application is filed personally, or by postal money order if
the application is filed by registered mail.
4. Documentary stamps in the correct amount, which shall be
affixed to the registration and deposit certificate.
5. Two (2) complete copies or reproduction of the work or
replica or picture
 6. Two (2) printed copies with the copyright notice printed in
front or at the back of the title page or on any conspicuous
space for a non-book material, if the work is a published
work.

7. If the work is in a musical work, two (2) copies of the

original work, in the form of a music sheet, in cassette,
optical disk, or multimedia.

8. A technical description of the design, if the work is an

original ornamental design.

9. Two (2) duplicate originals or certified true copies of the

deed of assignment.

Main Law relating to copyright: R.A. 8293: The Intellectual Property Code,
as amended by R.A.s 9150, 9502, and 10372

Implementing Rules and Regulations:

1. Rules and Regulations on Copyright Registration and Deposit
(2013)
2. Rules and Regulations on the Accreditation of Collective
Management Organizations (2013)
3. Rules on Resolution of Public Performance Disputes (2013)