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COPYRIGHT

Most of the content on this website, including material in downloadable files, is protected by copyright.

Copyright in most of the content on this website is owned by the copyright owner. The content in which copyright is owned by others include images reproduced on this website under license and some downloadable documents. Except as permitted by the copyright law applicable to you, you may not reproduce or communicate any of the content on this website, including files downloadable from this website, without the permission of the copyright owner.

WHAT IS COPYRIGHT?

Copyright is a collection of all rights enjoyed by the owner of an artistic or literary work.

(Source: http://www.federislaw.com.ph/faqs-resources/copyright/)

Copyright maybe defined as a form of intellectual property which protects the rights of authors and creators of literary and artistic works. It refers to the main act in which, in respect of literary and artistic creation, may be made only by the author or with his authorization. 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.

(Source: http://web.nlp.gov.ph/nlp/?q=node/646)



WHAT ARE CONSIDERED COPYRIGHTABLE WORKS IN THE PHILIPPINES?

Under Philippine law, original intellectual creations in the literary and artistic domain are copyrightable. These include books, pamphlets, articles and other writings; periodicals and newspapers; lectures, sermons, addresses, dissertations prepared for oral delivery; letters; dramatic or dramatico-musical compositions; choreographic works or entertainment in dumb shows; musical compositions; drawing, painting, architecture, sculpture, engraving, lithography; models or designs for works of art; original ornamental designs or models for articles of manufacture; illustrations, maps, plans, sketches, charts and three-dimensional works relative to geography, topography, architecture or science; drawings or plastic works of a scientific or technical character; photographic works including works produced by a process analogous to photography; lantern slides; audiovisual works and cinematographic works and works produced by a process analogous to cinematography or any process for making audio-visual recordings; pictorial illustrations and advertisements and computer programs.

Derivative works are also protected as new works, provided that it does not affect the existing copyright on original works. Derivative works may include: dramatizations, translations, adaptations, abridgements, arrangements, and other alterations of literary music work; collections of literary, scholarly or artistic works, and compilations of data and other materials which are original by reason of the selection or coordination or arrangement of their contents.

(Source: http://www.federislaw.com.ph/faqs-resources/copyright/)

WHAT WORKS ARE NOT PROTECTED BY COPYRIGHT UNDER PHILIPPINE LAW?

Copyright protection does not cover:

  1. 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;
  2. News of the day and other miscellaneous facts having the character of mere items of press information;
  3. Official text of a legislative, administrative or legal nature, as well as any official translation thereof;
  4. Work of the Philippine Government, unless there was a prior approval by the appropriate government agency; and
  5. Statutes, rules and regulations, and speeches, lectures, sermons, addresses, and dissertations, pronounced, read or rendered in courts of justice, before administrative agencies, in deliberative assemblies and in meetings of public character.

(Source: http://www.federislaw.com.ph/faqs-resources/copyright/)

WHO ARE CONSIDERED OWNERS OF THE COPYRIGHTABLE WORKS?

The owners of original literary and artistic works are:

  1. The author of the work;
  2. If the work is of joint ownership:
    1. The co-authors are the original owners and in the absence of agreement, their rights shall be governed by the rules on co-ownership.
    2. The author of each part is the owner of such part he/she created, if the work consists of parts that can be used separately and the author of each part can be identified.
  3. If the work is created in the course of employment:
    1. Employee is the owner, if the work created is not part of employee’s regular duties even if he uses the time, facilities and materials of the employer;
    2. Employer is the owner, if the work created is the result of the performance of employee’s regularly-assigned duties, unless otherwise agreed upon.
  4. If the work was commissioned, the one who commissioned the work jointly owns it with the author/creator – but the copyright of the work remains with author/creator, unless otherwise agreed upon;
  5. In the case of audio-visual work, the copyright belongs to the producer, the author of the scenario, the music composer, the film director, and the author of the work adapted. However, unless otherwise agreed upon among the creators, the producer has the right to exercise copyright to the extent required for the exhibition of the work in any manner, except for the right to collect license fees for the performance of musical compositions, with or without words, which are incorporated into the work.
  6. With respect to letters, the copyright belongs to the writer subject to the following:
    1. Letters and other private communications in writing are owned by the person to whom they are addressed and delivered, but the same cannot be published or disseminated without the consent of the writer or his heirs.
    2. However, the court may authorize the publication or dissemination if the public goods or the interest of justice so requires.

(Source: http://www.federislaw.com.ph/faqs-resources/copyright/)

WHAT ARE THE RIGHTS CONFERED TO THE AUTHOR OF A WORK?

The author of a work has copy or economic rights, as well as moral rights over the work.

The author has the exclusive right to carry out, authorize or prevent the:

  1. Reproduction of the work or substantial portion of the work;
  2. Dramatization, translation, adaptation, abridgment, arrangement or other transformation of the work;
  3. The first public distribution of the original and each copy of the work by sale or other forms of transfer of ownership;
  4. Rental of the original or a copy of an audio-visual or cinematographic work, 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 ownership of the original or the copy which is the subject of the rental;
  5. Public display of the original or a copy of the work;
  6. Public performance of the work; and
  7. Other communication to the public of the work.

(Source: http://www.federislaw.com.ph/faqs-resources/copyright/)

WHAT ARE THE ECONOMIC RIGHTS AND MORAL RIGHTS?

Economic Rights: refer to the rights of the author or copyright owner to derive financial reward from the use of his works by others.

Moral Rights: refer to the rights of the author to claim authorship of the work (Right of Paternity) and the right to restrain the use of his name with respect to any work not of his own creation or a distorted version of his work.

(Source: http://web.nlp.gov.ph/nlp/?q=node/646)

WHAT IS "FAIR USE"?

The fair use of a copyrighted work for criticism, comment, news, reporting, teaching including multiple copies for classroom use, scholarship, research and similar purposes is not an infringement of copyright.

Decompilation, which is the reproduction of the code and translation of the forms of the computer programs to achieve the inter-operability of an independently created computer program with other programs, may also constitute fair use.

To determine whether use of a work constitutes fair use, the following factors are considered:

  1. The purpose and character of the use, including whether such use is of a commercial nature or is for non-profit educational 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.

(Source: http://www.federislaw.com.ph/faqs-resources/copyright/)

WHAT CONSTITUTES COPYRIGHT INFRINGEMENT IN THE PHILIPPINES?

Under Philippine law, copyright infringement occurs when there is a violation of any of the exclusive economic or moral rights granted to the copyright owner. It may also consist in aiding or abetting such infringement. The IP Code 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 following purposes: (a) selling or letting for hire, or by way of trade offering or exposing for sale or hire, the article; (b) 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 (c) trade exhibit of the article in public.

(Source: http://www.federislaw.com.ph/faqs-resources/copyright/)

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The material published on this website is intended for general information only and is not legal advice or other professional advice. Any opinions expressed in this material do not necessarily represent the views of the website.

While care and consideration has been taken in the creation of the material on this website, we do not warrant, represent or guarantee that the material published on this website is in all respects accurate, complete and current. To the extent permitted by law, we exclude any liability, including any liability for negligence, for any loss or damage arising from reliance on material on this website.

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