RA 8293

Intellectual Property
Code of the
Philippines
Part IV
LAW ON COPYRIGHT
CITATION
• An act of quoting, according to
Merriam Webster.
• “A researcher uses citation to
inform the readers that certain
texts or ideas on his work came
from another source.”
PLAGIARISM
• The act of taking another person's
ideas, writings, inventions, and similar
intellectual products as one's own
without knowledge, consent and/or
accreditation. (University of the
Philippines’ Code of Student Conduct)
COPYRIGHT
• A set of rights granted to the author or
creator of a work, to restrict others’
ability to copy, redistribute and
reshape the content. Rights are
frequently owned by the companies
who sponsor the work rather than the
creators themselves and can be
bought and sold on the market.
INTELLECTUAL PROPERTY
• Refers to anything created by
someone, including but not limited
to inventions, literary works, items
created by artists, symbols,
designs, images, pictures, and even
names that are used for
commercial purposes.
FAIR USE
• Refers to the limitation and to the
exclusive right granted by copyright
law to the author of a creative work.
Examples of fair use include
commentary, search engines, criticism,
news reporting, research, teaching,
library archiving and scholarship.
(UNESCO MIL Curriculum for Teachers)
E-COMMERCE LAW
• Result of anomalous transactions involving
new media and ICTs.
• The Electronic Commerce Act of 2000
(Republic Act No. 8792) which protects
mostly financial and commercial
transactions online.
• It also covers hacking and illegal
downloading of copyrighted materials
OPTICAL MEDIA ACT

• The Optical Media Act of 2003

(Republic Act No. 9239) wanted to
ensure the protection of specific
media products subjected to illegal
duplication or piracy.
ANTI-CAMCORDING LAW

• The Anti-Camcording Law (Republic

Act 10088) aims to prevent the
illegal video camera recording of
movies currently shown in theaters.
CYBERCRIME LAW
• Cybercrime Preventio Act of 2012
(Republic Act No. 10175) covers all
other online anomalies ch as identity
theft, child pornography, data misuse,
cybersquatting, and other computer-
related and internet-facilitated
practices.
Works protected by copyright
• Original works
- literary works
- musical works
- dramatic works
- pantomimes and choreographic
works
- pictorial, graphic, and sculptural
works
- motion pictures and other audio-
visual works
-sound recordings
*Derivative works shall be
protected as new works
Works NOT protected by
copyright
- unfixed performance
- physical invention
- works of government
- news of the day
- official text of a legislative,
administrative or legal nature
*Works of joint authorship... the
author of each part shall be the
original owner of the copyright in
the part that he has created.
The employee
- copyright is not part of his regular
duties
The employer
- if the work is the result of the
performance of his regularly-
assigned duties
Work commissioned... the person who
commissioned the work shall have
ownership of the work, butthe copyright
thereto shall remain with the creator
Audiovisual work... the copyright shall
belong to the producer, the author of
scenario, the composer of music, the
film director
Letters... the copyright shall
belong to the writer
Anonymous and Pseudonymous
works... the publher shall be
deemed to represent the authors of
articles and other writings without
the names of the autors
FAIR USE
The fair use of a copyrighted work for
criticism, comment, news reporting,
teaching including multiple copies for
classroom use, scholarship, or research
is not an infringement of copyright.
TERM OF PROTECTION
• Shall be protected during the life of
the author and for fifty (50) years
after his death.
• Joint authorship... shall be protected
during the life of the last surviving
author and for fifty (50) years after
his death.
• Anonymous works, the copyright
shall be protected for fifty (50)
years from the date on which the
work was first lawfully published.
• Applied art... 25 years from the
date of making
• Photographic, audiovisual works...
50 years from date of publication
PENALTIES
• 1 year to 3 years plus 50,000 -
150,000
• 3 years and 1 day - 6 years plus
150,000 - 500,000
• 6 years and 1 day - 9 years plus
500,000 - 1,500,000
• In determining the number of
years of imprisonment and amount
of fine, the court shall conder the
value of the infringing materials
that the defendant has produces or
manufactured.
SCOPE OF APPLICATION
• Works of authors who are nationals of
the Philippines
• Audiovisual works the producer which
has his headquarters in the
Philippines
• Works first published in the
Philippines