Copyright Law In The Philippines PDF

COPYRIGHT LAW IN THE PHILIPPINES Ric Salanap Jr. Creative Industry Lesson WHAT IS COPYRIGHT? Republic Act No. 8293 Copyright is a collection of all rights enjoyed by the owner of an artistic or literary work. 2 WHAT ARE CONSIDERED COPYRIGHTABLE WORKS IN THE PHILIPPINES? R...

COPYRIGHT LAW IN THE PHILIPPINES Ric Salanap Jr. Creative Industry Lesson WHAT IS COPYRIGHT? Republic Act No. 8293 Copyright is a collection of all rights enjoyed by the owner of an artistic or literary work. 2 WHAT ARE CONSIDERED COPYRIGHTABLE WORKS IN THE PHILIPPINES? Republic Act No. 8293 Under Philippine law, original intellectual creations in the literary and artistic domain are copyrightable. These include: 3 WHAT ARE CONSIDERED COPYRIGHTABLE WORKS IN THE PHILIPPINES? Republic Act No. 8293 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; 4 WHAT ARE CONSIDERED COPYRIGHTABLE WORKS IN THE PHILIPPINES? Republic Act No. 8293 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. 5 WHAT ARE CONSIDERED COPYRIGHTABLE WORKS IN THE PHILIPPINES? Republic Act No. 8293 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. 6 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; 7 WHAT WORKS ARE NOT PROTECTED BY COPYRIGHT UNDER PHILIPPINE LAW? Copyright protection does not cover: 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. 8  No, copyrightable works are IS A COPYRIGHT REGISTRATION protected from NECESSARY TO PROTECT ARTISTIC the moment of OR LITERARY WORKS? their creation. 9  The owner of the work or his/her assignees or successors-in-interest WHO CAN APPLY FOR A has the right to COPYRIGHT REGISTRATION? apply for a copyright registration. 10  The owner of the work or his/her assignees or successors-in-interest WHO CAN APPLY FOR A has the right to COPYRIGHT REGISTRATION? apply for a copyright registration. 11  “WHO ARE CONSIDERED OWNERS The owners of original literary OF THE and artistic works are: COPYRIGHTABLE WORKS?”  1.The author of the work; 2.If the work is of joint ownership: 1. The co-authors are the original owners “WHO ARE and in the absence of agreement, their rights shall be governed by the CONSIDERED OWNERS rules on co-ownership. OF THE 2. The author of each part is the owner COPYRIGHTABLE of such part he/she created, if the work consists of parts that can be used WORKS?” separately and the author of each part can be identified.  3. If the work is created in the course of employment: “WHO ARE 1.Employee is the owner, if the work created CONSIDERED OWNERS is not part of employee’s regular duties even if he uses the time, facilities and materials of OF THE the employer; COPYRIGHTABLE 2.Employer is the owner, if the work created is the result of the performance of employee’s WORKS?” regularly-assigned duties, unless otherwise agreed upon.  3. 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 “WHO ARE 4. with author/creator, unless otherwise agreed upon; In the case of audio-visual work, the copyright belongs CONSIDERED OWNERS to the producer, the author of the scenario, the music composer, the film director, and the author of the work OF THE adapted. However, unless otherwise agreed upon among the creators, the producer has the right to COPYRIGHTABLE exercise copyright to the extent required for the WORKS?” 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.  5. With respect to letters, the copyright belongs to “WHO ARE 6. the writer subject to the following: Letters and other private communications in writing CONSIDERED OWNERS are owned by the person to whom they are OF THE addressed and delivered, but the same cannot be published or disseminated without the consent of COPYRIGHTABLE 7. the writer or his heirs. However, the court may authorize the publication WORKS?” or dissemination if the public goods or the interest of justice so requires.  Yes, the author/creator of any work can waive or transfer CAN THE AUTHOR OR CREATOR copyright on his/her WAIVE OR TRANSFER work in favor of a corporation or COPYRIGHT? another individual. 17  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 WHAT IS THE DURATION OF posthumous works. In the case of joint authorship, the economic COPYRIGHT PROTECTION? rights shall be protected during the lifetime of the last surviving author plus 50 years after such author’s death. 18  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 WHAT IS THE DURATION OR TERM work was not published, it shall be protected for 50 years counted OF PROTECTION FOR WORKS from the creation of the work. WITH ANONYMOUS OWNER/CREATOR? 19  Works of applied art shall be protected for 25 WHAT IS THE DURATION OR years from the TERM PROTECTION FOR date of its WORKS OF APPLIED ART? creation. 20  Audio-visual works shall be protected for 50 years from the date of publication. If WHAT IS THE DURATION OR it is unpublished, it is TERM OF PROTECTION FOR protected for 50 years from the date AUDIO-VISUAL WORKS? of creation. 21  Performances not incorporated in recordings shall be protected for 50 years from the end of the year in which the performance took place. WHAT IS THE DURATION OR TERM Sound or image and sound recordings and performances OF PROTECTION FOR PERFORMERS incorporated therein shall be protected for 50 years from AND PRODUCERS OF SOUND the end of the year in which the recording took place. RECORDINGS? 22  Broadcasts shall be protected for 20 years from the WHAT IS THE DURATION OR date the broadcast TERM OF PROTECTION FOR took place. BROADCASTS? 23  The author of a work has copy or economic rights, as WHAT ARE THE RIGHTS well as moral CONFERRED TO THE AUTHOR rights over the OF A WORK? work 24  The author of a work has copy or economic rights, as WHAT ARE THE RIGHTS well as moral CONFERRED TO THE AUTHOR rights over the OF A WORK? work 25  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 THE AUTHOR HAS THE cinematographic work, a work embodied in a sound EXCLUSIVE RIGHT TO recording, a computer program, a compilation of data and other materials or a musical work in CARRY OUT, graphic form, irrespective of the ownership of the original or the copy which is the subject of the rental; AUTHORIZE OR 5. Public display of the original or a copy of the work; PREVENT THE: 6. 7. Public performance of the work; and Other communication to the public of the work.  1. To require that the authorship of the works be attributed to him, in particular; the right that his name, as far as practicable, be indicated in a prominent way on the copies, and in connection with the public use of his work; 2. To make any alterations of his work prior to, or to withhold it from publication; 3. To object to any distortion, mutilation or other modification of, or other derogatory action in relation MORAL RIGHTS CONFER to, his work which would be prejudicial to his honor or THE FOLLOWING ON 4. reputation; and To restrain the use of his name with respect to any THE AUTHOR OF A work not of his own creation or in a distorted version WORK: of his work.  Yes. Copyright can be transferred or assigned in whole CAN A COPYRIGHT BE or in part. TRANSFERRED OR ASSIGNED? 28  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 IS THE SALE OF AN ORIGINAL object. Nor shall a transfer or assignment of the copy or WORK, FOR EXAMPLE A PAINTING, several copies of the work imply a transfer or EQUIVALENT TO THE TRANSFER OF assignment of the copyright. THE COPYRIGHT THEREIN? 29  The authority constitutes only a license to make a single publication unless expressly stated otherwise. If the copyright is owned WHAT IS THE EXTENT OF AUTHORITY by more than 1 person, neither of the owners shall GRANTED TO THE PUBLISHER OF be entitled to grant a NEWSPAPERS, PERIODICALS OR license without the prior written consent of the other MAGAZINES WHEN A WORK IS owner or owners. SUBMITTED FOR PUBLICATION? 30  Copyright in a work of architecture includes the right to control the erection of any building, which reproduces the whole or substantial part of the work either in its original form or in any form recognizably derived WHAT IS THE EXTENT OF COPYRIGHT from the original. It shall not include the right to control the PROTECTION IN WORKS OF reconstruction or rehabilitation in the same style as the original of ARCHITECTURE? the building to which the copyright relates. 31  Yes, in cases of fair use. Decompilation, which is the reproduction of the code and translation of the forms of the computer program CAN A COMPUTER PROGRAM BE to achieve the inter- operability of an REPRODUCED WITHOUT VIOLATING independently created THE AUTHOR’S COPYRIGHT? computer program with other programs constitutes fair use and is allowed. 32  Reproduction in one (1) back-up copy or adaptation of a computer program or adaptation of a computer program is permitted, without the authorization of the author or owner of the copyright, provided that the copy or adaptation is necessary for: (a) the use of the computer program in conjunction with a computer for the purpose, and CAN A COMPUTER to the extent, for which the computer program PROGRAM BE has been obtained; and REPRODUCED WITHOUT (b) archival purposes and for the replacement of the lawfully owned copy of the computer VIOLATING THE program in the event that the lawfully obtained AUTHOR’S COPYRIGHT? copy of the computer program is lost, destroyed or rendered unusable.  Yes, the Optical Media Act of 2003. This Act regulates the manufacture, mastering, replication, importation and exportation of optical OTHER THAN THE INTELLECTUAL media in which information, including sounds and/or PROPERTY CODE OF THE PHILIPPINES, images, or software code, IS THERE ANY SPECIAL LAW THAT has been stored, either by mastering and/or ENSURES THE PROTECTION TO replication. COPYRIGHT OWNERS OF AUDIO- 34 VISUAL WORKS?  Under the Optical Media Act, any person, establishment or entity shall, prior to engaging in one OTHER THAN THE or more of the following business or activities, register with and secure the appropriate licenses from the INTELLECTUAL Optical Media Board (OMB): PROPERTY CODE OF 1. Importation, exportation, acquisition, sale or THE PHILIPPINES, IS distribution of optical media, manufacturing equipment, parts and accessories and manufacturing THERE ANY SPECIAL materials used or intended for use in the mastering, LAW THAT ENSURES 2. manufacture or replication of optical media; Possession or operation of manufacturing equipment, THE PROTECTION TO parts and accessories, or the possession acquisition, sale or use of manufacturing materials for the COPYRIGHT OWNERS mastering, manufacture or replication of optical OF AUDIO-VISUAL 3. media; and The mastering, manufacture, replication, importation WORKS? or exportation of optical media. THE OPTICAL MEDIA ACT ALSO REQUIRES THAT SOURCE IDENTIFICATION (SID) CODES, PRESCRIBED BY THE OMB TO, BE APPLIED TO EACH AND EVERY OPTICAL MEDIA MASTERED, MANUFACTURED OR REPLICATED INCLUDING GLASS MASTERS, STAMPERS OR OTHER PARTS USED FOR THE MANUFACTURE OF OPTICAL DISCS.  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. WHAT IS “FAIR Decompilation, which is the reproduction of the code and translation of the forms of the USE”? computer programs to achieve the inter-operability of an independently created computer program with other programs, may also constitute fair use. 37  1. The purpose and character of the use, including whether such use is TO DETERMINE of a commercial nature or is for WHETHER USE OF A non-profit educational purposes; 2. The nature of the copyrighted work; WORK CONSTITUTES 3. The amount and substantiality of FAIR USE, THE the portion used in relation to the FOLLOWING FACTORS copyrighted work as a whole; and ARE CONSIDERED: 4. The effect of the use upon the potential market for or value of the copyrighted work.  Under Philippine law, copyright infringement occurs when there is WHAT CONSTITUTES a violation of any of the exclusive COPYRIGHT economic or moral rights granted INFRINGEMENT IN THE to the copyright owner. It may PHILIPPINES 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: WHAT CONSTITUTES COPYRIGHT (a) selling or letting for hire, or by way of trade offering or exposing for sale or hire, the article; INFRINGEMENT IN THE (b) distributing the article for the purpose of trade, or for any other purpose to an extent that will PHILIPPINES prejudice the rights of the copyright owner in the work; or (c) trade exhibit of the article in public.  The copyright owner can file a criminal, civil or administrative action for copyright infringement. A criminal case for copyright WHAT ARE THE infringement must be filed in the court situated in the place where the violation REMEDIES AVAILABLE occurred. The administrative suit is filed at the TO AN OWNER OF A Bureau of Legal Affairs at the Intellectual COPYRIGHT AGAINST Property Office of the Philippines. A civil infringement lawsuit is filed in the AN INFRINGER? appropriate court located at the place where the defendant resides/is located, or where the plaintiff resides/is located, at the option of the plaintiff.  Under Philippine law, copyright infringement is punishable by the following: WHAT ARE THE 1. Imprisonment of between 1 to 3 years and a fine of between 50,000 to 150,000 PENALTIES PROVIDED pesos for the first offense. BY PHILIPPINE LAW 2. Imprisonment of 3 years and 1 day to six FOR COPYRIGHT years plus a fine of between 150,000 to 500,000 pesos for the second offense. INFRINGEMENT? 3. Imprisonment of 6 years and 1 day to 9 years plus a fine ranging from 500,000 to 1,500,000 pesos for the third and subsequent offenses. THE OFFENDING PARTY MAY ALSO BE ORDERED TO PAY CIVIL DAMAGES. INJUNCTION AND DESTRUCTION OF THE INFRINGING GOODS OR PRODUCTS CAN ALSO BE OBTAINED, AS WELL AS SEIZURE AND IMPOUNDING OF ANY ARTICLE WHICH MAY SERVE AS EVIDENCE IN THE COURT PROCEEDINGS. THANK YOU