Copyright Law in the Philippines PDF

**COPYRIGHT** **What is copyright?** - Copyright is a collection of all rights enjoyed by the owner of an artistic or literary work. **What are considered copyrightable works in the Philippines?** - Under Philippine law, original intellectual creations in the literary and artistic do...

**COPYRIGHT** **What is copyright?** - Copyright is a collection of all rights enjoyed by the owner of an artistic or literary work. **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. **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. **Is a copyright registration necessary to protect artistic or literary works?** - No, copyrightable works are protected from the moment of their creation. **Who can apply for a copyright registration?** - The owner of the work or his/her assignees or successors-in-interest has the right to apply for a copyright registration. **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. 1. Employee is the owner, if the work created is not part of employee's 2. regular duties even if he uses the time, facilities and materials of the employer; 3\. 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. **Can the author or creator waive or transfer copyright?** - Yes, the author/creator of any work can waive or transfer copyright on his/her work in favor of a corporation or another individual. **What is the duration of copyright protection?** - In the Philippines, copyright protection for artistic, literary and derivative works lasts during the lifetime of the author plus 50 years after the author's death. This term of protection also applies to posthumous works. In the case of joint authorship, the economic rights shall be protected during the lifetime of the last surviving author plus 50 years after such author's death. **What is the duration or term of protection for works with anonymous owner/creator?** - In case of anonymous or pseudonymous works, copyright protection shall last for 50 years from the date on which the work was first lawfully published. If the work was not published, it shall be protected for 50 years counted from the creation of the work. **What is the duration or term protection for works of applied art?** - Works of applied art shall be protected for 25 years from the date of its creation. **What is the duration or term of protection for audio-visual works?** - Audio-visual works shall be protected for 50 years from the date of publication. If it is unpublished, it is protected for 50 years from the date of creation. **What is the duration or term of protection for performers and producers of sound recordings?** - Performances not incorporated in recordings shall be protected for 50 years from the end of the year in which the performance took place. Sound or image and sound recordings and performances incorporated therein shall be protected for 50 years from the end of the year in which the recording took place. **What is the duration or term of protection for broadcasts?** - Broadcasts shall be protected for 20 years from the date the broadcast took place. **What are the rights conferred 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, 1. 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. **Can a copyright be transferred or assigned?** - Yes. Copyright can be transferred or assigned in whole or in part. **Is the sale of an original work, for example a painting, equivalent to the transfer of the copyright therein?** - No. The copyright is distinct from the object or property subject to it. Consequently, the transfer or assignment of the copyright does not necessarily constitute a transfer of the object. Nor shall a transfer or assignment of the copy or several copies of the work imply a transfer or assignment of the copyright. **What is the extent of authority granted to the publisher of newspapers, periodicals or magazines when a work is submitted for publication?** - The authority constitutes only a license to make a single publication unless expressly stated otherwise. If the copyright is owned by more than 1 person, neither of the owners shall be entitled to grant a license without the prior written consent of the other owner or owners. **INTELLECTUAL PROPERTY** - is a category of property that includes intangible creations of the human intellect. There are many types of intellectual property, and some countries recognize it more than others. The best-known types are copyrights, patents, trademarks, and trade secrets **The Law** - is the system of rules which a particular country or community recognizes as regulating the actions of its members and which it may enforce by the imposition of penalties. Law is a science of principles by which the civil society is regulated and held together, by which right is enforced, and wrong is detected and punished. **CLASSIFICATION** A. **Public or private** **Public law** - relationships between individuals and the government; it affects the public at large or the whole community. E.g.: RPC, Constitution, Local Gov't Code   **Private law**- applies only to a specific person/s or subject/s; defines and governs the relationship among individuals E.g.: Civil Code, Family Code B. **Substantive or Procedural** - **Substantive law** consists of written statutory rules passed by the legislature that governs how people set forth punishment. They also define our rights and responsibilities as citizens. There are elements of substantive law in both criminal and civil law. - **Procedural law** governs the mechanics of how a legal case flows, including steps to process a case.  - **Due process** refers to the legal rights owed to a person in criminal and civil actions. It is generally defined as the right of an accused to be heard before judgment. Or the right to an impartial trial **Civil or Criminal\ Civil law** -- regulates the relationship between individuals; involves private interests; civil procedures apply\ (Family law; contracts; properties) **Criminal Law** -- defines crimes and provides for the punishment; an offense against the society; criminal procedures apply (crimes against property, swindling, robbery; crimes against person, rape, murder) Intellectual property (IP) refers to creations of the mind: inventions, literary and artistic works, and symbols, names, images, and designs used in commerce. Intellectual Property is divided into two categories: **Industrial property**, which includes inventions (patents), trademarks, industrial designs, and geographic indications of source **Copyright**, which includes literary and artistic works such as novels, poems and plays, films, musical works, artistic works such as drawings, paintings, photographs and sculptures, and architectural designs. Rights related to copyright include those of performing artists in their performances, producers of phonograms in their recordings, and those of broadcasters in their radio and television programs Any or all of the **copyright** owner's exclusive rights or any subdivision of those **rights may be transferred**, but the transfer of exclusive rights is not valid unless that transfer is in writing and signed by the owner of the rights conveyed or such owner's duly authorized agent. Transfer of a right on a nonexclusive basis does not require a written agreement. Before an article is published in a journal, or before a contribution to an academic textbook is published, author and publisher enter into a publishing agreement which often entails **an assignment of copyright or exclusive dissemination rights**. An assignment transfers the copyright from author to publisher outright, while a licence merely transfers circumscribed or limited rights to the publisher. In general, publishers in the field of science, technology and medicine (STM) prefer assignments over licences. **Open access journals** will either let authors retain copyright or ask authors to transfer copyright to the publisher. In either case, the copyright holder will consent to open access for the published work. When the publisher holds the copyright, it will consent to open access directly. When authors hold the copyright, they will ensure open access by signing a license to the publisher authorizing open access. Authors of **preprints** hold the copyright to them and may post them to open access repositories with no copyright problems whatever. **Educational fair use guidelines** have been established to provide "greater certainty and protection" for teachers and\... apply to material used in educational institutions and for educational purposes: - noncommercial instruction or curriculum-based teaching by educators to students at nonprofit educational institutions - planned noncommercial study or investigation directed toward making a contribution to a field of knowledge, or - presentation of research findings at noncommercial peer conferences, workshops, or seminars **Glossary - Copyright** - attribution -- identifying the source of a work / giving credit - copyright -- a form of legal protection given to the creators of \"original works of authorship" - copyright infringement - a violation of the exclusive rights of a copyright holder, such as copying, distributing, or performing the copyright owner\'s work without permission - derivative work -- a new work that translates or transforms one or more original copyrighted works - fair use - permits a second user to copy part or all of a copyrighted work without permission from the copyright holder - intellectual property -- creations of the mind - license -- permission to use a creative work Copyright & R4L E-journals - Electronic journals are protected by copyright law in the same way as print journals - Their use is subject to the terms of a license agreed between the institution and the publisher which permits certain activities and forbids others - For the Research4Life programs, users can copy up to 15% of a journal issue, distribute to colleagues within the institution and use for educational purposes - Users cannot distribute copies to individuals outside the institution, change the content, load material on a publically accessible server or use for profit Copyright & Creative Commons: Author rights vs. Publisher requirements Basic facts authors need to know - Copyright protection is automatic once a work is fixed in a tangible medium - Joint authors each have full and equal copyrights - Copyright can be transferred only in writing - Not all rights have to be given away -- author/copyright rights can be broken apart Author rights Copyright is a "bundle" of rights and these exclusive rights include: - reproduce the work in copies - distribute copies of the work - publicly display or perform - make derivatives, adaptations, translations - authorize others to use any of these rights Author options - Transfer all rights to publisher (traditional) Author no longer has control over work Licensing (Creative Commons) - Enables the copyright holder, whether author or publisher, to license partial rights to other parties Addenda (SPARC, Science Commons, CIC) - Added to copyright transfer agreements and refer the desired rights to the author. - Leads to negotiations between author and publisher Author needs: anticipate future uses of your work - Share work with colleagues - Distribute at conferences - Self-publish (personal website, CM, CV) - Link to the full-text from your website - Submit to an open access repository - Republish; adaptation; translation - Use in class - Use in coursepacks Publisher requirements: Publishers want traditional contracts - Reproduction - Distribution - Derivatives - Editorial control - Digital archiving - Format changes If...then -- basics of reuse By the author - If full rights retained, then limitless (within the law.) - If some rights retained, then within limits of negotiated rights. - If no rights retained, then fair use or permission. By others - If published open access, then freely accessible. - If published under a Creative Commons license, then within limits defined by the license. - If published traditionally, then fair use or permission. Authors - Where to begin? - Know what rights you want to retain. - Identify a publisher that allows authors to retain most rights. - READ THE PUBLISHERS AGREEMENT! - Include an Addenda to the publisher agreement. - Opt to publish in an Open Access journal and use various - licensing resources, such as Creative Commons. Examples: - Science Commons: Scholars Addendum Engine - SPARC Author Addendum - University of Michigan Authors Addendum - MIT Faculty Open Access Policy Creative Commons (new licensing model) What it is and how it benefits teaching and research A solution to a copyright problem Copyright is automatic - No opt in - No opt out Copyright is restrictive - Rights belong ONLY to the author - Can be transferred or shared - But for mass distribution online? How? Licenses and Marks - The license is a contract - How do we transfer copyright rights? - How do we give or get permission? - Creative Commons is a set of licenses (a type of contract) with standard terms, for permission to copy/share/modify copyrighted work - The mark is a standard symbol that content consumers can recognize and trust The Licenses: Four Conditions Attribution -- the license lets others distribute, remix, tweak and build upon the work, even commercially as long as credit is given to the original creation (most accommodating/maximum dissemination) Noncommercial -- this license allows others to remix, tweak and build upon the work non-commercially; new work must acknowledge and be non-commercial No Derivative Works -- this license allows for redistribution, commercial and non-commercial, as long as it is passed along unchanged and in whole with credit to the creator. Share Alike -- this license lets others remix, tweak or build upon original work (even for commercial use) as long as there is credit and it is licensed as a new creation under same terms (used for open source software licenses). Six Combinations Attribution Attribution -- Share Alike Attribution -- No Derivatives Attribution -- Noncommercial Attribution -- Noncommercial -- Share Alike Attribution -- Noncommercial -- No Derivatives http://creativecommons.org/licenses/ (Accessed 14 March 2011) The Benefits: Using CC-licensed works Teaching - In classroom face-to-face - Online course development - Course materials Creative works - No-risk use of images, music, text, film, etc. to inspire/build upon/mashup into new creations Research - Same as above Licensing your own works - Creative Commons web site http://www.creativecommons.org/ - Choose a license based on what you want to allow users to do - Registration process -- there is none! - Display the mark and link to the license text Outcomes - Creative Commons licensing benefits everyone - Content providers - Content consumers - Teachers/researchers Authors can retain rights (to copy, share, modify, etc.) in publishing contracts Copyright for Librarians - An online open curriculum on copyright law developed by Harvard's Berkman Center for Internet and Society in 2012 - Provides librarians in developing and transition countries information concerning copyright law - Includes information on copyright theory, public domain, how copyright law is interpreted and shaped - Contains a glossary of copyright terms - Available multiple languages Trademark - A trademark is a word, a group of words, sign, symbol, logo or a combination thereof that identifies and differentiates the source of the goods or services of one entity from those of others.  If you're a business, distinguishing your goods or services from others gives you a competitive edge. Learn more about trademarks, how to apply for protection, and how to manage them. - A trademark most often protects IP associated with companies, such as a word, phrase, symbol or design used to identify and promote products or services. Companies may also use a service mark, which protects their services in the same way trademarks protect their goods. - A trademark can be any word, phrase, symbol, design, or combination of these things that identifies your goods or services. It's how customers recognize you in the marketplace and distinguish you from your competitors. The word "trademark" can refer to both trademarks and service marks. Examples of Famous Trademarks Famous trademarks represent many of our favorite brands, from APPLE to STARBUCKS. The public immediately recognizes them due to their distinctiveness and renown. Examples of famous trademarks include APPLE, BARBI, FORD, GOOGLE, LEVI'S, TACO BELL, NIKE, PEPSI, and WALMART. **How can I protect my trademarks?** At the national/regional level, trademark protection can be obtained through registration, by filing an application for registration with the national/regional trademark office and paying the required fees. At the international level, you have two options: either you can file a trademark application with the trademark office of each country in which you are seeking protection, or you can use WIPO's Madrid System. **What rights does trademark registration provide?** In principle, a trademark registration will confer an exclusive right to the use of the registered trademark. This implies that the trademark can be exclusively used by its owner, or licensed to another party for use in return for payment. Registration provides legal certainty and reinforces the position of the right holder, for example, in case of litigation. **How long does trademark protection last?** The term of trademark registration can vary, but is usually ten years. It can be renewed indefinitely on payment of additional fees. Trademark rights are private rights and protection is enforced through court orders. **What kinds of trademark can be registered?** A word or a combination of words, letters, and numerals can perfectly constitute a trademark. But trademarks may also consist of drawings, symbols, three-dimensional features such as the shape and packaging of goods, non- visible signs such as sounds or fragrances, or color shades used as distinguishing features -- the possibilities are almost limitless. **Patent** A patent is an exclusive right granted for an invention, which is a product or a process that provides, in general, a new way of doing something, or offers a new technical solution to a problem. To get a patent, technical information about the invention must be disclosed to the public in a patent application. **What kind of protection does a patent offer?** In principle, the patent owner has the exclusive right to prevent or stop others from commercially exploiting the patented invention. In other words, patent protection means that the invention cannot be commercially made, used, distributed, imported or sold by others without the patent owner&\#39;s consent. **Is a patent valid in every country?** Patents are territorial rights. In general, the exclusive rights are only applicable in the country or region in which a patent has been filed and granted, in accordance with the law of that country or region. **How long does a patent last?** The protection is granted for a limited period, generally 20 years from the filing date of the application. Example of a patent copyright A patent protects the utilitarian aspects of the product; it can also protect its ornamental aspects. Example: A perfume manufacturer markets a new scent, using the name of a celebrity. The art work on the packaging and the artistic shape of the bottle may be protected by copyright.