WHO OWNS COPYRIGHT?

1. One creator- creator, his heirs or assigns

2. Joint creation- co-authors are original owners; in the absence
of agreement, their rights shall be governed by rules on co-
ownership
3. Commissioned work- person commissioning owns the work;
ownership of copyright remains with creator, unless there is
written stipulation to the cont
 COPYRIGHT

Audio-Visual Work- producer for purposes of exhibition; for all other

purposes- the producer, author of scenario, the composer, the film
director, the photographic director, author of the work are owners
Pseudonymous and anonymous works- unless the author is
undisputably known, the publisher shall be presumed to be representative
of the author
Employee’s work during course of employment- employer, if the
result of regular functions or duties, but the employee owns it is not part
of his duties
 DURATION OF COPYRIGHT
LITERARY ARTISTIC WORK/DERIVATIVE WORKS- during the
lifetime of creator and for 50 years after his death
JOINT CREATION- economic rights is protected during the
lifetime of the last surviving author and for 50 years after death of
last surviving author
ANONYMOUS/PSEUDONYMOUS WORK- till the end of 50 years
following the date of first publication, commencing January 1of date
of publication
WORK OF APPLIED ART- 25 years from date of making
PHOTOGRAPHIC WORKS- 50 years from publication of work or
from making if unpublished
BROADCAST- 20 years from date of broadcast
 RIGHTS OF AUTHORS

1. ECONOMIC RIGHTS- exclusive right to: a) carry out, b) authorize

or c) prevent the ff acts:
2. -reproduction of work or substantial portion of work
3. -dramatization, translation, adaptation, abridgment, arrangement or
other transformation of work
4. -first public distribution of original & each copy of work
5. -rental of the original or copy of audio-visual or cinematographic work
6. -public display of original or copy of work
7. -other communication to public of work
 CONT...

MORAL RIGHTS
-require the authorship of works be attributed to him, in prominent
way on copies & with public use of work
-make any alterations of his work prior to or withhold it from
publication
-object to any distortion, mutilation or modification or derogatory
action in rel. to work w/c would be prejudicial to his honor
-restrain use of his name with respect to any work not of his own
creation or in distorted version of his work
 PUBLISHER’S RIGHTS
-right to publish granted by author, his heirs, assigns
-have copyright consisting of merely right of reproduction of
typographical arrangement of published edition of work
-if submitted to newspaper/magazine and the like- the right to publish
once materials sent by writer, photographer, artist to periodical,
newspaper publisher, but such writer or artist retains his copyright on
the piece
 PERFORMERS’ RIGHTS
as regards their performance- right of authorizing the a) broadcasting/other
communication to public of performance; b) fixation of their unfixed
performance
-right of authorizing direct or indirect reproduction of performance fixed in
sound recordings or audiovisual works or fixations in any manner or form
-right of authorizing first public distribution of original & copies of
performance fixed in sound recordings/audiovisual works or fixations
through sale, rental or other forms of transfer of ownership
-right of authorizing commercial rental to public of original & copies of
performance fixed in sound recordings, audiovisual works even after
distribution or pursuant to authorization by performer
-right authorizing the making available to public of performances fixed in
sound recordings or audiovisual works or fixations by wire or wireless
means, in such a way public may access
 MORAL RIGHT OF PERFORMERS
-the right to be claimed to be identified as the performer of his
performances, exception- where omission is directed by the manner of the
use of the performance and
-right to object to any distortion, mutilation or other modification of his
performances that would be prejudicial to his reputation
FAIR USE
-a privilege to use copyrighted material in a reasonable manner without the
consent of copyright owner or as copying the theme or ideas rather than
their expression (ABS-CBN Corp. vs Gozon, GR No. 195956, March 11,2015)
-use of a copyrighted work for criticism, comment, news reporting, teaching
including multiple copies for classroom use, scholarship, research & similar
purposes is not an infringement of copyright
 FAIR USE FACTORS
a) Purpose and character of the use;
b) Nature of the copyrighted work;
c) Amount and substantiality of portions used;
d) Effect of the use upon the potential market of the copyrighted work.
TRANSFORMATIVE TEST- generally used in reviewing the purpose and
character of usage of copyrighted work; must look into whether the copy of
work adds “new expression, meaning or message” to transform it into
something else
META-USE- can occur without necessarily transforming the copyrighted work
used- for the kind of use that does not necessarily transform the original work
by adding expression, meaning, message BUT only changes the purpose of work,
e.g. meta-use of photos if a news story consisted about the photos themselves
or at least a public reaction to them
 EXCEPTIONS TO COPYRIGHT
INFRINGEMENT
-recitation of performance of work accessible to public, privately done, free of charge,
strictly for charitable or religious institution
-making of quotations from published work that is compatible with fair use, extent is
justified by purpose, source and name of author appearing on work, must be mentioned
-reproduction/communication to public by mass media of articles on current political,
social, economic, scientific or religious topic, lectures & other works, delivered in public
for information purposes, not expressly reserved and source is already indicated
-reproduction/communication to public of literary, scientific or artistic works as part of
reports of current events by means of photography, cinematography or broadcasting to
extent necessary for the purpose
-use of a work by or under the direction or control of government, for public interest
compatible with fair use
 CONT…
-single copy of reproduction of a published work by natural person exclusively for research
and private study (even without authorization of owner)
-one back-up copy of computer program
-any use made of a work for the purpose of judicial proceedings, or giving of professional
advice by legal practitioner
-making of ephemeral recordings by a broadcasting organization, by means of its facilities for
use in its broadcast
-recordings made in schools, universities, etc. of a work included in broadcast for use of
such schools
-public display of original or copy of the work not made by means of film, slide, tv image or
otherwise on screen or by means other device, either the work has been published, sold,
given away or transferred to another person
-reproduction by non-profit libraries of fragile works, isolated articles, in composite works,
brief portions of published work, to preserve or replace of lost copy, destroyed or non-
usable
 LIMITATIONS OF TRADEMARK
INFRINGEMENT
a) Doctrine of Secondary Meaning- generic or descriptive mark may later acquire the
characteristic of distinctiveness & can be registered if it acquires a meaning which is different from
its ordinary connotation- there must be exclusive and continuous use for a period of at least 5
years; e.g. “Selecta” for bakery products, “Ang Tibay” for shoes (Arce & Sons vs Selecta Biscuit Co.,
Inc. 110 Phil. 858; Ang vs. Teodoro, 74 Phil 50)
b) Composite Marks- cannot be registered themselves but generic/descriptive marks, color,
shapes maybe PART of a composite mark but there should be a DISCLAIMER & person registers
them as part of a mark will not acquire ownership thereto
c) Contractions and Coined Marks- maybe registered even if they are contractions of or
coined from generic/descriptive terms; eg. “Salompas” (Marvel Commercial Co. vs. Petra Hawpia &
Co. 18 SCRA 1178)
d) Arbitrary Meaning- generic and descriptive terms may be registered if they are used in an
arbitrary or fanciful manner; e.g. “Ivory” is generic for elephant tusk but arbitrary can be registered
as soap; “Papa” for Ketchap (UFC Phils vs. Barrio Fiesta, Mfg., GR No. 198889, Jan. 20, 2016)
 LIMITATIONS OF PATENT RIGHTS
a) Owner’s Consent (Sec. 72.1 IPL)
b) Parallel Importation (Secs. 72.1, 72.5 IPL)
c) Non-Commercial (Sec. 72.2, IPL)
d) Experimental Use (Sec. 72.3, IPL)
e) Drugs and Medicine (Sec. 72.4, IPL)
f) Medicine Individual Preparation (Sec. 72.5, IPL)
g) Patent Exhaustion
 COMPULSORY LICENSING
-license issued by Director General of IPO to exploit a patented invention without permission
of the patent holder, either by manufacture or through parallel importation (Sec. 4, RA 9502)
Grounds:
a. National emergency or other circumstances of extreme urgency;
b. When public interest requires- in national security, nutrition, health or development of other
vital sectors of national economy, determined by appropriate gov’t agency;
c. When judicial/administrative body has determined that manner of exploitation by owner of
patent or his license is anti-competitive;
d. In case of public non-commercial use of patent by the patentee, without satisfactory reason;
e. If patented invention is not being worked in the Philippines on a commercial scale, provided
that importation of such shall constitute working or using the patent;
f. Where demand for patented drugs/medicines is not being met to an adequate extent and on
reasonable terms as determined by DOH Secretary (Secs. 93-93.6, IPL)
 TRADE SECRETS
-is a plan or process, tool, mechanism or compound known only to owner and
those of his employees to who it is necessary to confide it
-includes a secret formula or process not patented but known only to certain
individuals using it in compounding some article or trade having commercial value
(Air Philippines Corp. vs Pennswell, Inc., GR No. 172835, Dec. 13, 2007)
-protected even if it is not patentable
TECHNOLOGICAL TRANSFER ARRANGEMENT
-contracts/agreements involving transfer of systematic knowledge for manufacture
of product, application of process, rendering of a service, management contracts,
transfer, assignment or licensing of all forms of IPR including licensing of computer
software except computer software developed for mass market (Sec. 4.2, IPC)
-form or nature of a Voluntary License Contract.