COPYRIGHT

RA 8293 expressly repealed P.D. 49 and PD 285

Amended by R.A. No. 10372
International Treaties and Agreements
 Berne Convention for the Protection of Literary and Artistic
Works (August 1, 1951)
 Rome Convention for the Protection of Performers, Producers of
Phonographs and Broadcasting Organizations (September 25,
1984)
 World Trade Organization WTO - Agreement on Trade Related
Aspects of Intellectual Property Rights (January 1, 1995) 
 WIPO Copyright Treaty and WIPO Performances and Phonograms
Treaty (ratified by the Philippines on October 4, 2002)
 Beijing Treaty (signed on June 26, 2012) – Treaty on the
Protection of Audiovisual Performances.
 Marraakesh Treaty to Facilitate access to Published Works of
Persons who are Blind, Visually Impaired or otherwise Print
Disabled
 Copyright
Right over literary and artistic works which are
original intellectual creations in the literary and
artistic domain protected from the moment of
creation (Kho vs. CA, 115758, March 11, 2002).

 Columbia Pictures vs CA, 261 SCRA 144

Since Sec. 2 of PD 49 provides that “the right granted under this Decree
shall, from the moment of creation, subsist with respect to any of the
following classes of works,” then even with respect to works which are
required under the Decree to be registered and with copies to be
deposited with National Library, the failure to comply with said
requirements does not deprive the copyright owner of the right to sue
for infringement; it merely limits the remedies available to him and
subjects him to the corresponding sanction.
 Copyright vs Patents
 Pearl & Dean vs. Shoemart, Inc. et al, No.
1482222, Aug 15, 2003
 Does the copyright over the engineering drawings
extend ipso facto to the actual light boxes
depicted or illustrated in the said drawings?
 copyright registration of a drawing or pictorial
illustration which depicts light boxes or box-
type electrical devices protects the drawing
but not the light box depicted therein
In the oft-cited case of Baker vs. Selden, the United
States Supreme Court held that only the expression of
an idea is protected by copyright, not the idea itself.
 Copyrightable Objects
A. Original Literary and Artistic Works (Sec. 172)
a) Books, pamphlets, articles and other writings;
b) Periodicals and newspapers;
c) Lectures, sermons, addresses, dissertations prepared for oral delivery,
whether or not reduced in writing or other material form;
d) Letters;
e) Dramatic or dramatico-musical compositions; choreographic works or
entertainment in dumb shows;
f) Musical compositions, with or without words;
g) Works of drawing, painting, architecture, sculpture, engraving,
lithography or other works of art, models or designs for works of art;
h) original ornamental designs or models for articles or manufacture,
whether or not registrable as an industrial design, and other works of
applied art;
 Copyrightable Objects
i) Illustrations, maps, plans, sketches, charts and three
dimensional works relative to geography, topography,
architecture or science;
j) Drawings or plastic works of a scientific or technical character;
k) Photographic works including works produced by a process
analogous to photography; lantern slides;
l) Audiovisual works and cinematographic works and works
produced by a process analogous to cinematography or any
process for making audio-visual recordings;
m) Pictorial illustrations and advertisements;
n) Computer programs; and
o) Other literary, scholarly, scientific and artistic works
 Copyrightable Objects
B. Derivative Works
 Dramatizations, translations, adaptations,
abridgments, arrangements, and other alterations of
literary or artistic works; and
 Collections of literary, scholarly or artistic works, and
compilations of data and other materials which are
original by reason of the selection or coordination
arrangement of their contents (Sec.173, IPC)
 Unprotected Works (Sec. 175)

a) Any idea, procedure, system, method or operation,

concept, principle, discovery, or mere data as such,
even if they are expressed, explained, illustrated or
embodied in a work (ART 10 (1), TRIPS)
b) News of the day and other miscellaneous facts
having the character of mere items of press
information
ABS-CBN v GOZON G.R. No. 195956, March 11, 2015
c) Any official text of a legislative, administrative or
legal nature, as well as any official translation
thereof
d) Any work of the Government of the Philippines
 Unprotected Works
Government copyright
prior approval shall be necessary for exploitation for
such work for profit. Such agency or office may,
among other things, impose as a condition the
payment of royalties.
Not applicable to: statutes, rules and regulations,
and speeches, lectures, sermons addresses, and
dissertation, pronounced, read or rendered in court
of justice, before administrative agencies, in
deliberative assemblies and in meetings of public
character
 Unprotected Works
Government copyright
 Authors of –
speeches, lectures, sermons addresses, and dissertation,
pronounced, read or rendered in court of justice, before
administrative agencies, in deliberative assemblies and in
meetings of public character
exclusive right of making a collection of his works
 Government has the right to receive/hold copyrights (Sec 176.3)
 AM No. 04-7-06-SC July 20, 2004
provide SC copies reproduced
 Unprotected Works
FRANCISCO G. JOAQUIN, JR.,vs. FRANKLIN DRILON et al G.R. No.
108946. January 28, 1999
 “RHODA AND ME” “IT’S A DATE”
 Set I Set I
 a. Unmarried participant a. same
 b. Searcher asks a question b. same
 c. Searcher speculates on the c. same
 match to the searchee.
 d. Selection is made by the d. Selection is
 use of compute (sic) methods, based on the
 or by the way questions are answer of the
 answered, or similar methods. Searchees.

 Copyright Ownership
 One Creator – the creator, his heirs or assigns
 Joint Creation – co-authors shall be he original owners
 Commissioned Work – the person commissioning owns the work;
ownership of copyright remains with the creator, unless there is a
written stipulation to the contrary.
 Audio-visual work – producer for purposes of exhibition; for all
other purposes, the producer, the author if the scenario, the
composer, the film director, the photographic director and the
author of the work are the owners.
 Pseudonymous and Anonymous works – unless the author is
undisputedly known, the publisher shall be presumed to be the
representative of the author (Secs. 178 & 179)
 Employee’s work during course of employment – employer, if the
result of regular functions or duties but the employee owns it if it
is not part of his duties.
Rights of Authors/Creators
Economic rights (Sec 177)

1. RIGHT TO REPRODUCE
2. RIGHT TO PREPARE DERIVATIVE WORKS
3. RIGHT TO FIRST PUBLIC DISTRIBUTION
4 . RIGHT OF RENTAL
5. RIGHT TO PUBLIC DISPLAY
6. RIGHT TO PUBLIC PERFORMANCE
7. OTHER COMMUNICATION TO THE PUBLIC
Rights of Authors/Creators
Economic rights (Sec 177)

171.9. Reproduction’ is the making of one (1)

or more copies, temporary or permanent,
in whole or in part, of a work or a sound
recording in any manner or form without
prejudice to the provisions of Section 185
of this Act (Sec. 41[E], P.D. No. 49a);“
171.8. "Rental" is the transfer of the
possession of the original or a copy of a
work or a sound recording for a limited
period of time, for profit-making
purposes;
 Rights of Authors/Creators
Economic rights (Sec 177)

7. OTHER COMMUNICATION TO THE PUBLIC

"171.3. ‘Communication to the public’ or ‘communicate to the
public’ means any communication to the public, including
broadcasting, rebroadcasting, retransmitting by cable,
broadcasting and retransmitting by satellite, and includes the
making of a work available to the public by wire or wireless
means in such a way that members of the public may access
these works from a place and time individually chosen by them;"
Rebroadcasting as defined in Article 3(g) of the International
Convention for the Protection of Performers, Producers of
Phonograms and Broadcasting Organizations, otherwise known as
the 1961 Rome Convention, of which the Republic of the
Philippines is a signatory, [21] is “the simultaneous broadcasting
by one broadcasting organization of the broadcast of another
MORAL Rights of Authors/Creators
(Secs 193-199)

 Right of paternity
 Right to change/withhold publication
 Right of integrity against derogatory treatment
 Right against false attribution
 Duration: lifetime + 50 yrs
 Paternity: perpetual
 Moral rights are not assignable but may be waived
 NO Waiver :
 If the creator's name will be used to damage the reputation of
another person
 If the creator's name will be used to give credit to something he
or she did not make
 MORAL RIGHTS
 Right to proceeds in subsequent Transfers of
copyright
 Sale or lease of work (Sec. 200)
 5% of gross sales during
lifetime + 50 yrs after death of author
 Not covered:
 Prints, etchings, engravings, works of applied
art, works wherein author primarily derives
gain from the proceeds of reproductions
Rights of Publishers
a) right to publish granted by the author, his
heirs, or assigns
b) right of reproduction of the typographical
arrangement of the published edition of
the work (Sec. 174, IPC);
c) if submitted to newspaper/ magazine ,
the right to publish once materials sent by
a writer, a photographer, an artist to a
periodical or newspaper publisher, but
such writer or artist retains his copyright
on the piece (Sec. 180.3, IPC).
Transfer or Assignment of Copyright Sec 180

Assignment/License must be in writing

(Sec180.2)
Exclusive license of economic rights (Sec 180.4)
Right to regular statements of account (Sec
180.5)
Transfer of material object does not include
transfer of copyright and vice versa (Sec 181)
 Designation of Society to collectively manage
economic or moral rights on behalf of
artists, writers, composers, etc. Needs to
get accreditation from IPO (Sec 183)
Acts that do not infringe copyright (Sec 184)

a) Recitation or performance of a published work: (i) done

privately (i) free of charge (iii) for a charitable or religious
institution;
b) Making of quotations from a published work compatible
with fair use
c) Mass media reporting of articles on current political, social,
economic, scientific or religious topic, lectures, addresses
and other works delivered in public for information
purposes which has not been expressly reserved;
(RAPPLER, INC VS BAUTISTA, GR NO. 222702, April 5, 2016)

*Provided, That the source is clearly indicated

Acts that do not infringe copyright (Sec 184)

d) Current event reporting by means of photography,

cinematography or broadcasting to the extent
necessary for the purpose ;

e) Inclusion of a work in a publication, broadcast, or

other communication to the public, sound recording or
film if made by way of illustration for teaching
purposes compatible with fair use

 *Source and name of author must be indicated

Acts that do not infringe copyright (Sec 184)

f) Recoding made in schools, universities, or educational

institutions of a work included in a broadcast for the
use of such schools, universities or educational
institutions. Such recording must be deleted within a
reasonable period; such recording may not be made
from audio-visual works which are part of the general
cinema repertoire feature films except for brief
excerpts of the work;
g) Making of ephemeral recordings (i) by a broadcasting
organization, (ii) by means of its own facilities, (iii) for
use in its own broadcast;
Acts that do not infringe copyright (Sec 184)
h) Use by Government / National Library /
educational, scientific or professional institutions
for public interest
i) Free Public performance where no admission fee is
charged by a club or institution for charitable or
educational purpose only and the aim is not profit-
making;
j) Public display of the published original or copy of
the work not made by means of films, slide,
television image or otherwise on screen or by
means of any other device or process not otherwise
assigned or licensed
 Acts that do not infringe copyright
k) Any use made of a work for the purpose of any judicial
proceedings, or for the giving of professional advice by a
legal practitioner;
l) Reproduction or distribution of published work in a
specialized format for use of the blind/visually and
reading impaired persons
m) Reconstruction/rehabilitation of building covered by
copyright in a work of architecture
n) Single copy reproduction of a published work by natural
person exclusively for research and private study (Sec. 187)
o) Reproduction by libraries of (i) fragile works, (ii) isolated
articles in composite works, (iii) brief portions of
published work, (iv) to preserve or replace copy (Sec. 188)
p) One back-up copy of computer program.(Sec. 189)
Acts that do not infringe copyright
 Fair Use of a Copyrighted Work. – (Sec 185)
o criticism
o comment
o news reporting
o teaching
o scholarship
o research
o Decompilation - the reproduction of the code and
translation of the forms of a computer program to
achieve the interoperability of an independently
created computer program with other programs
Acts that do not infringe copyright
 In determining Fair Use of a Copyrighted Work. – (Sec 185)
o Factors to be considered:
 (a) The purpose and character of the use, including
whether such use is of a commercial nature or is for non-
profit education purposes;
 (b) The nature of the copyrighted work;
 (c) The amount or portion of the copyrighted work being
classified as fair use
 (d) The effect of the use upon the potential market for or
value of the copyrighted work.
 Unpublished work may qualify for fair use
 Acts that do not infringe copyright
E COMMERCE ACT (RA 8792)
Section 30. Extent of Liability of a Service Provider. –
Except as otherwise provided in this Section, no person or
party shall be subject to any civil or criminal liability in
respect of the electronic data message or electronic
document for which the person or party acting as a service
provider as defined in Section 5, merely provides access if
such liability is founded on –
Xxx xxx xxx

(b) The Making, publication, dissemination or distribution of

such material or any statement made in such material,
including possible infringement of any right subsisting in or
in relation to such material. Xxx xxx xxx
 Acts that do not infringe copyright – use by the
Government
ABS-CBN BROADCASTING CORP vs PHILIPPINE MULTI-
MEDIA SYSTEM,INC.,G.R. Nos. 175769-70 January 19, 2009
 ABS-CBN contends that PMSI’s unauthorized rebroadcasting
of Channels 2 and 23 is an infringement of its broadcasting
rights and copyright under Sec 211 of the IPC
 NTC “Must-Carry Rule
while the Rome Convention gives broadcasting organizations the right to authorize
or prohibit the rebroadcasting of its broadcast, however, this protection does not
extend to cable retransmission

broadcasting is “the transmission by wireless means for the public reception of

sounds or of images or of representations thereof; such transmission by satellite is
also ‘broadcasting’ where the means for decrypting are provided to the public by
the broadcasting organization or with its consent.”
 
rebroadcasting is “the simultaneous broadcasting by one broadcasting organization
of the broadcast of another broadcasting organization.”
 Copyright infringement
PACITA I. HABANA, ALICIA L. CINCO AND JOVITA N.
FERNANDO VS. FELICIDAD C. ROBLES AND GOODWILL
TRADING CO., INC. GR No. 131522, July 19, 1999
 Incases of infringement, copying alone is
not what is prohibited. The copying must
produce an “injurious effect”.
A copy of a piracy is an infringement of the
original, and it is no defense that the
pirate, in such cases, did not know
whether or not he was infringing any
copyright; he at least knew that what he
was copying was not his, and he copied at
his peril
Copyright vs plagiarism
 Plagiarisim is the practice of claiming or
implying original authorship of (or
incorporating material from) someone else’s
written or creative work, in whole or in part,
into ones’s own without adequate
acknowledgement.
 Copyright infringement is a violation of the
rights of the copyright holder, when material
is used without the copyright holder’s
consent.
Copyright infringement
 G.R. No. 166391, October 21, 2015 ]
 MICROSOFT CORPORATION, PETITIONER, VS.
ROLANDO D. MANANSALA AND/OR MEL MANANSALA,
DOING BUSINESS AS DATAMAN TRADING COMPANY
AND/OR COMIC ALLEY, RESPONDENT.
The mere sale of the illicit copies of the software
programs was enough by itself to show the existence of
probable cause for copyright infringement. There was
no need for the petitioner to still prove who copied,
replicated or reproduced the software programs.
Indeed, the public prosecutor and the DOJ gravely
abused their discretion in dismissing the petitioner's
charge for copyright infringement against the
respondents for lack of evidence.
 Copyright infringement
NBI – MICROSOFT CORPORATION & LOTUS DEVELOPMENT
CORP vs. JUDY C. HWANG, et al. G.R. No. 147043.  June
21, 2005
 Infringement of a copyright is a trespass on a private
domain owned and occupied by the owner of the
copyright, and, therefore, protected by law, and
infringement of copyright, or piracy, which is a
synonymous term in this connection, consists in the doing
by any person, without the consent of the owner of the
copyright, of anything the sole right to do which is
conferred by statute on the owner of the copyright
(Columbia Pictures, Inc. v. Court of Appeals, 329 Phil. 875 (1996)).
 Sec 190 Importation /Exportation
of Infringing Materials
 SEC 190. Importation and Exportation of Infringing Materials. –
Subject to the approval of the Secretary of Finance, the
Commissioner of Customs is hereby empowered to make rules
and regulations for preventing the importation or exportation of
infringing articles prohibited under Part IV of this Act and under
relevant 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 discovered after they have been imported
or before they are exported.
 One may now bring into the country more than three copies of work on
the condition that they were legally purchased abroad and subject
further to the rules and regulations to be imposed by the
Commissioner of Customs.
 Sections 190.1. and 190.2. of Republic Act No. 8293 are deleted in
their entirety.
Performers producers
Broadcasting organizations
 "Performers" are actors, singers, musicians, dancers,
and other persons who act, sing, declaim, play in,
interpret, or otherwise perform literary and artistic
work
 "Producer of a sound recording" means the person, or
the legal entity, 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
 "Broadcasting organization" shall include a natural
person or a juridical entity duly authorized to engage in
broadcasting
 Economic Rights of Performers Sec 203

1. Right of fixation
202.4. "Fixation" means the embodiment of sounds,
or of the representations thereof, from which
they can be perceived, reproduced or
communicated through a device;
2. Right of broadcasting
202.7. "Broadcasting" means the transmission by
wireless means for the public reception of
sounds or of images or of representations
thereof; such transmission by satellite is also
"broadcasting" where the means for decrypting
are provided to the public by the broadcasting
organization or with its consent;
 Economic Rights of Performers Sec 203

3. Right of reproduction
171.9. ‘Reproduction’ is the making of one (1) or more
copies, temporary or permanent, in whole or in
part, of a work or a sound recording in any manner
or form without prejudice to the provisions of
Section 185 of this Act
4. Right of first public distribution
5. Right of Commercial Rental to the Public
6. Right to Public Performance
 Moral Rights of Performers
204.1. Independently of a performer’s economic
rights, the performer shall, as regards his live aural
performances or performances fixed in sound
recordings or in audiovisual works or fixations,
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 performance, and to object to any distortion,
mutilation or other modification of his
performances that would be prejudicial to his
reputation.
 additional 5% of original remuneration for
subsequent public communication
 Rights of Producers
1. Right of direct or indirect reproduction
2. Right of first public distribution
3. Right to commercial rental
4. Right to public performance
"208.4. the right to authorize the making available to
the public of their sound recordings in such a way
that members of the public may access the sound
recording from a place and at a time individually
chosen or selected by them, as well as other
transmissions of a sound recording with like effect."
Rights of Broadcasting Organizations

1. Right to rebroadcasting
2. Right of recording
3. Right of Use of recordings

 ABS-CBN B vs-PHILIPPINE MULTI-MEDIA

SYSTEM,INC., et al,G.R. Nos. 175769-70, January
19, 2009
Rights of Broadcasting Organizations
ABS-CBN B vs-PHILIPPINE MULTI-MEDIA SYSTEM,INC., et al,G.R.
Nos. 175769-70, January 19, 2009
 “Section 202.7 of the IP Code defines broadcasting as “the
transmission by wireless means for the public reception of
sounds or of images or of representations thereof; such
transmission by satellite is also ‘broadcasting’ where the
means for decrypting are provided to the public by the
broadcasting organization or with its consent.”
  “On the other hand, rebroadcasting as defined in Article
3(g) of the International Convention for the Protection of
Performers, Producers of Phonograms and Broadcasting
Organizations, otherwise known as the 1961 Rome
Convention, of which the Republic of the Philippines is a
signatory, [21] is “the simultaneous broadcasting by one
broadcasting organization of the broadcast of another
broadcasting organization
Duration of Copyright
 Literary Artistic works and Derivative Works – during the lifetime of the
creator and for fifty (50) years after his death .
 Joint creation – the economic rights shall be protected during the life of
the last surviving author and for fifth years after the death of the last
surviving author.
 Pseudonymous or Anonymous works – till the end of fifty (50) years
following the date of their first publication. The fifty year commences
from January 1 following the date of publication.
 Work of applied art – twenty-five (25) years from the date of making.
 Photographic or audio-visual works – fifty (50) years from the publication
of the work, or from making if unpublished
 Broadcast – twenty (20) years from the date of broadcast.
 Performers and producers of sound recordings – fifty (50) years from the
end of the performance year/recording year
INFRINGEMENT

"SEC.216. Infringement. – A person infringes a right

protected under this Act when one:
"(a) Directly commits an infringement;
"(b) Benefits from the infringing activity of another
person who commits an infringement if the person
benefiting has been given notice of the infringing
activity and has the right and ability to control the
activities of the other person;
"(c) With knowledge of infringing activity, induces,
causes or materially contributes to the infringing
conduct of another.
 Remedies
1. Injunction to prevent infringement
2. Actual damages plus legal costs and expenses
 Double damages against any person who:
"(i) Circumvents effective technological measures; or
"(ii) Having reasonable grounds to know that it will
induce, enable, facilitate or conceal the infringement,
remove or alter any electronic rights management
information from a copy of a work, sound recording, or
fixation of a performance, or distribute, import for
distribution, broadcast, or communicate to the public
works or copies of works without authority, knowing
that electronic rights management information has
been removed or altered without authority.
Rights Management Information

"171.13.‘Rights management information’ means

information which identifies the work, sound
recording or performance; the author of the work,
producer of the sound recording or performer of the
performance; the owner of any right in the work,
sound recording or performance; or information
about the terms and conditions of the use of the
work, sound recording or performance; and any
number or code that represent such information,
when any of these items is attached to a copy of the
work, sound recording or fixation of performance or
appears in conjunction with the communication to
the public of a work, sound recording or
performance."
 Remedies
OR STATUTORY DAMAGES (Sec 216.1)
"The copyright owner may elect, at any time before final judgment is
rendered, to recover instead of actual damages and profits, an
award of statutory damages for all infringements involved in an
action in a sum equivalent to the filing fee of the infringement
action but not less than Fifty thousand pesos (Php50,000.00). In
awarding statutory damages, the court may consider the following
factors:
"(1) the nature and purpose of the infringing act;
"(2) the flagrancy of the infringement;
"(3) Whether the defendant acted in bad faith;
"(4) the need for deterrence;
"(5) Any loss that the plaintiff has suffered or is likely to suffer by
reason of the infringement; and
"(6) Any benefit shown to have accrued to the defendant by reason of
the infringement.
Remedies (Sec 216.1)
"In case the infringer was not aware and had no reason to
believe that his acts constitute an infringement of copyright,
the court in its discretion may reduce the award of statutory
damages to a sum of not more than Ten thousand pesos
(Php10,000.00): Provided, That the amount of damages to be
awarded shall be doubled against any person who:
"(i) Circumvents effective technological measures; or
"(ii) Having reasonable grounds to know that it will induce,
enable, facilitate or conceal the infringement, remove or alter
any electronic rights management information from a copy of a
work, sound recording, or fixation of a performance, or
distribute, import for distribution, broadcast, or communicate
to the public works or copies of works without authority,
knowing that electronic rights management information has
been removed or altered without authority.
Remedies (Sec. 216)

3. Impound sales invoices and other

documents evidencing sales
4. Destruction of all infringing copies or
devices without compensation
5. Payment of moral and exemplary
damages
6. Seizure and impounding of articles as
evidence in court
Remedies
7. Criminal Case.(Sec 217)
 First offense – 1-3 yrs imprisonment + fine
P50,000-P150,000
 Second offense - 3-6 yrs imprisonment + fine
P150,000-P500,000
 Third and succeeding offenses - 6-9 yrs
imprisonment + fine P500,000-P1,500,000
 With subsidiary imprisonment in case of
insolvency
 Remedies
 Maximum penalty if committed by:
 "(a) the circumvention of effective technological
measures;
 "(b) the removal or alteration of any electronic
rights management information from a copy of a
work, sound recording, or fixation of a
performance, by a person, knowingly and without
authority; or
 "(c) the distribution, importation for distribution,
broadcast, or communication to the public of
works or copies of works, by a person without
authority, knowing that electronic rights
management information has been removed or
altered without authority.“ (Sec 217.2)
 Affidavit Evidence Sec 218

Sec 218.1
"(c) the copy of the work or other subject matter
annexed thereto is a true copy thereof.
"The affidavit shall be admitted in evidence in
any proceedings under this Chapter and shall
be prima facie proof of the matters therein
stated until the contrary is proved, and the court
before which such affidavit is produced shall
assume that the affidavit was made by or on
behalf of the owner of the copyright."
 Presumptions
 1. Copyright subsists in a work
 2. Plaintiff is the owner of the copyright
 3. Presumption of authorship
 4. International registry of works
 5. possession of infringing copy
"SEC. 220A. Disclosure of Information. – Where any article
or its packaging or an implement for making it is seized
or detained under a valid search and seizure under this
Act is, or is reasonably suspected to be, by an authorized
enforcement officer, in violation of this Act, the said
officer, shall, wherever reasonably practicable, notify
the owner of the copyright in question or his authorized
agent of the seizure or detention, as the case may be."
 Points of Attachment
Original and Derivative Works:
o (a) Works of authors who are nationals of, or have
their habitual residence in the Philippines;
o (b) Audio-visual works the producer of which has his
headquarters or habitual residence in the Philippines;
o (c) Works of architecture erected in the Philippines or
other artistic works incorporated in a building or
other structure located in the Philippines;
o (d) Works first published in the Philippines; and
o (e) Works first published in another country but also
published in the Philippines within thirty days,
irrespective of the nationality or residence of the
authors.
o (f) those covered by Sec 3, IPC
Points of Attachment
Sound Recordings:
o 223.1. sound recordings the producers of which
are nationals of the Philippines; and
o 223.2. Sound recordings that were first published
in the Philippines. (n)

Broadcasts:
o (a) Broadcasts of broadcasting organizations the
headquarters of which are situated in the
Philippines; and
o (b) Broadcasts transmitted from transmitters
situated in the Philippines.
 those covered by Sec 3, IPC
Prescription

"SEC. 226. Damages. – No damages may be

recovered under this Act after the lapse of
four (4) years from the time the cause of
action arose.
REVERSE RECIPROCITY

Sec. 232. Reverse Reciprocity of Foreign

Laws. - Any condition, restriction,
limitation, diminution, requirement, penalty
or any similar burden imposed by the law of
a foreign country on a Philippine national
seeking protection of intellectual property
rights in that country, shall reciprocally be
enforceable upon nationals of said country,
within Philippine jurisdiction.
THE END