PART IV

THE LAW ON COPYRIGHT

171.6. "Public performance", in the case of a work
CHAPTER I other than an audiovisual work, is the recitation,
PRELIMINARY PROVISIONS playing, dancing, acting or otherwise performing
the work, either directly or by means of any device
Section 171. Definitions. - For the purpose of this or process; in the case of an audiovisual work, the
Act, the following terms have the following showing of its images in sequence and the making
meaning: of the sounds accompanying it audible; and, in the
case of a sound recording, making the recorded
171.1. "Author" is the natural person who has sounds audible at a place or at places where persons
created the work; outside the normal circle of a family and that
family's closest social acquaintances are or can be
present, irrespective of whether they are or can be
present at the same place and at the same time, or at
171.2. A "collective work" is a work which has different places and/or at different times, and where
been created by two (2) or more natural persons at the performance can be perceived without the need
the initiative and under the direction of another with for communication within the meaning of
the understanding that it will be disclosed by the Subsection 171.3;
latter under his own name and that contributing
natural persons will not be identified; 171.7. "Published works" means works, which, with
the consent of the authors, are made available to the
public by wire or wireless means in such a way that
members of the public may access these works from
171.3. "Communication to the public" or a place and time individually chosen by them:
"communicate to the public" means the making of a Provided, That availability of such copies has been
work available to the public by wire or wireless such, as to satisfy the reasonable requirements of
means in such a way that members of the public the public, having regard to the nature of the work;
may access these works from a place and time
individually chosen by them; 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;
171.4. A "computer" is an electronic or similar
device having information-processing capabilities, 171.9. "Reproduction" is the making of one (1) or
and a "computer program" is a set of instructions more copies of a work or a sound recording in any
expressed in words, codes, schemes or in any other manner or form (Sec. 41 (E), P.D. No. 49 a);
form, which is capable when incorporated in a
medium that the computer can read, of causing the 171.10. A "work of applied art" is an artistic
computer to perform or achieve a particular task or creation with utilitarian functions or incorporated in
result; a useful article, whether made by hand or produced
on an industrial scale;

171.11. A "work of the Government of the

171.5. "Public lending" is the transfer of possession Philippines" is a work created by an officer or
of the original or a copy of a work or sound employee of the Philippine Government or any of
recording for a limited period, for non-profit its subdivisions and instrumentalities, including
purposes, by an institution the services of which are government-owned or controlled corporations as a
available to the public, such as public library or part of his regularly prescribed official duties.
archive;
 CHAPTER II (l) Audiovisual works and cinematographic
ORIGINAL WORKS works and works produced by a process
analogous to cinematography or any process
Section 172. Literary and Artistic Works. - 172.1. for making audio-visual recordings;
Literary and artistic works, hereinafter referred to as
"works", are original intellectual creations in the (m) Pictorial illustrations and
literary and artistic domain protected from the advertisements;
moment of their creation and shall include in
particular: (n) Computer programs; and

(a) Books, pamphlets, articles and other (o) Other literary, scholarly, scientific and
writings; artistic works.

(b) Periodicals and newspapers; 172.2. Works are protected by the sole fact of their
creation, irrespective of their mode or form of
(c) Lectures, sermons, addresses, expression, as well as of their content, quality and
dissertations prepared for oral delivery, purpose. (Sec. 2, P.D. No. 49a)
whether or not reduced in writing or other
material form; CHAPTER III
DERIVATIVE WORKS
(d) Letters;
Section 173. Derivative Works. - 173.1. The
(e) Dramatic or dramatico-musical following derivative works shall also be protected
compositions; choreographic works or by copyright:
entertainment in dumb shows;
(a) Dramatizations, translations, adaptations,
(f) Musical compositions, with or without abridgments, arrangements, and other
words; alterations of literary or artistic works; and

(g) Works of drawing, painting, architecture, (b) Collections of literary, scholarly or

sculpture, engraving, lithography or other artistic works, and compilations of data and
works of art; models or designs for works of other materials which are original by reason
art; of the selection or coordination or
arrangement of their contents. (Sec. 2, [P]
(h) Original ornamental designs or models and [Q], P.D. No. 49)
for articles of manufacture, whether or not
registrable as an industrial design, and other 173.2. The works referred to in paragraphs (a) and
works of applied art; (b) of Subsection 173.1 shall be protected as new
works: Provided however, That such new work
(i) Illustrations, maps, plans, sketches, charts shall not affect the force of any subsisting copyright
and three-dimensional works relative to upon the original works employed or any part
geography, topography, architecture or thereof, or be construed to imply any right to such
science; use of the original works, or to secure or extend
copyright in such original works. (Sec. 8, P.D. 49;
(j) Drawings or plastic works of a scientific Art. 10, TRIPS)
or technical character;
Section 174. Published Edition of Work. - In
(k) Photographic works including works addition to the right to publish granted by the
produced by a process analogous to author, his heirs, or assigns, the publisher shall have
photography; lantern slides; a copyright consisting merely of the right of
reproduction of the typographical arrangement of CHAPTER V
the published edition of the work. (n) COPYRIGHT OR ECONOMIC RIGHTS

CHAPTER IV Section 177. Copyright or Economic Rights. -

WORKS NOT PROTECTED Subject to the provisions of Chapter VIII, copyright
or economic rights shall consist of the exclusive
Section 175. Unprotected Subject Matter. - right to carry out, authorize or prevent the following
Notwithstanding the provisions of Sections 172 and acts:
173, no protection shall extend, under this law, to
any idea, procedure, system, method or operation, 177.1. Reproduction of the work or substantial
concept, principle, discovery or mere data as such, portion of the work;
even if they are expressed, explained, illustrated or
embodied in a work; news of the day and other 177.2. Dramatization, translation, adaptation,
miscellaneous facts having the character of mere abridgment, arrangement or other transformation of
items of press information; or any official text of a the work;
legislative, administrative or legal nature, as well as
any official translation thereof (n) 177.3. The first public distribution of the original
and each copy of the work by sale or other forms of
Section 176. Works of the Government. - 176.1. No transfer of ownership;
copyright shall subsist in any work of the
Government of the Philippines. However, prior 177.4. Rental of the original or a copy of an
approval of the government agency or office audiovisual or cinematographic work, a work
wherein the work is created shall be necessary for embodied in a sound recording, a computer
exploitation of such work for profit. Such agency or program, a compilation of data and other materials
office may, among other things, impose as a or a musical work in graphic form, irrespective of
condition the payment of royalties. No prior the ownership of the original or the copy which is
approval or conditions shall be required for the use the subject of the rental; (n)
of any purpose of statutes, rules and regulations,
and speeches, lectures, sermons, addresses, and 177.5. Public display of the original or a copy of the
dissertations, pronounced, read or rendered in courts work;
of justice, before administrative agencies, in
deliberative assemblies and in meetings of public 177.6. Public performance of the work; and
character. (Sec. 9, first par., P.D. No. 49)
177.7. Other communication to the public of the
176.2. The author of speeches, lectures, sermons, work. (Sec. 5, P. D. No. 49a)
addresses, and dissertations mentioned in the
preceding paragraphs shall have the exclusive right CHAPTER VI
of making a collection of his works. (n) OWNERSHIP OF COPYRIGHT

176.3. Notwithstanding the foregoing provisions, Section 178. Rules on Copyright Ownership. -
the Government is not precluded from receiving and Copyright ownership shall be governed by the
holding copyrights transferred to it by assignment, following rules:
bequest or otherwise; nor shall publication or
republication by the Government in a public 178.1 Subject to the provisions of this section, in
document of any work in which copyright is the case of original literary and artistic works,
subsisting be taken to cause any abridgment or copyright shall belong to the author of the work;
annulment of the copyright or to authorize any use
or appropriation of such work without the consent 178.2. In the case of works of joint authorship, the
of the copyright owner. (Sec. 9, third par., P.D. No. co-authors shall be the original owners of the
49) copyright and in the absence of agreement, their
rights shall be governed by the rules on co-
ownership. If, however, a work of joint authorship contrary appears, or the pseudonyms or adopted
consists of parts that can be used separately and the name leaves no doubt as to the author's identity, or
author of each part can be identified, the author of if the author of the anonymous works discloses his
each part shall be the original owner of the identity. (Sec. 7, P.D. 49)
copyright in the part that he has created;
CHAPTER VII
178.3. In the case of work created by an author TRANSFER OR ASSIGNMENT OF
during and in the course of his employment, the COPYRIGHT
copyright shall belong to:
Section 180. Rights of Assignee. - 180.1. The
(a) The employee, if the creation of the copyright may be assigned in whole or in part.
object of copyright is not a part of his Within the scope of the assignment, the assignee is
regular duties even if the employee uses the entitled to all the rights and remedies which the
time, facilities and materials of the assignor had with respect to the copyright.
employer.
180.2. The copyright is not deemed assigned inter
(b) The employer, if the work is the result of vivos in whole or in part unless there is a written
the performance of his regularly-assigned indication of such intention.
duties, unless there is an agreement, express
or implied, to the contrary. 180.3. The submission of a literary, photographic or
artistic work to a newspaper, magazine or periodical
178.4. In the case of a work commissioned by a for publication shall constitute only a license to
person other than an employer of the author and make a single publication unless a greater right is
who pays for it and the work is made in pursuance expressly granted. If two (2) or more persons jointly
of the commission, the person who so own a copyright or any part thereof, neither of the
commissioned the work shall have ownership of the owners shall be entitled to grant licenses without the
work, but the copyright thereto shall remain with prior written consent of the other owner or owners.
the creator, unless there is a written stipulation to (Sec. 15, P.D. No. 49a)
the contrary;
Section 181. Copyright and Material Object. - The
178.5. In the case of audiovisual work, the copyright is distinct from the property in the
copyright shall belong to the producer, the author of material object subject to it. Consequently, the
the scenario, the composer of the music, the film transfer or assignment of the copyright shall not
director, and the author of the work so adapted. itself constitute a transfer of the material object. Nor
However, subject to contrary or other stipulations shall a transfer or assignment of the sole copy or of
among the creators, the producer shall exercise the one or several copies of the work imply transfer or
copyright to an extent required for the exhibition of assignment of the copyright. (Sec. 16, P.D. No. 49)
the work in any manner, except for the right to
collect performing license fees for the performance Section 182. Filing of Assignment or License. - An
of musical compositions, with or without words, assignment or exclusive license may be filed in
which are incorporated into the work; and duplicate with the National Library upon payment
of the prescribed fee for registration in books and
178.6. In respect of letters, the copyright shall records kept for the purpose. Upon recording, a
belong to the writer subject to the provisions of copy of the instrument shall be returned to the
Article 723 of the Civil Code. (Sec. 6, P.D. No. 49a) sender with a notation of the fact of record. Notice
of the record shall be published in the IPO Gazette.
Section 179. Anonymous and Pseudonymous (Sec. 19, P.D. No. 49a)
Works. - For purposes of this Act, the publishers
shall be deemed to represent the authors of articles Section 183. Designation of Society. - The
and other writings published without the names of copyright owners or their heirs may designate a
the authors or under pseudonyms, unless the society of artists, writers or composers to enforce
their economic rights and moral rights on their fair use: Provided, That the source and of
behalf. (Sec. 32, P.D. No. 49a) the name of the author, if appearing in the
work, are mentioned;
CHAPTER VIII
LIMITATIONS ON COPYRIGHT (f) The recording made in schools,
universities, or educational institutions of a
Section 184. Limitations on Copyright. - 184.1. work included in a broadcast for the use of
Notwithstanding the provisions of Chapter V, the such schools, universities or educational
following acts shall not constitute infringement of institutions: Provided, That such recording
copyright: must be deleted within a reasonable period
after they were first broadcast: Provided,
(a) The recitation or performance of a work, further, That such recording may not be
once it has been lawfully made accessible to made from audiovisual works which are part
the public, if done privately and free of of the general cinema repertoire of feature
charge or if made strictly for a charitable or films except for brief excerpts of the work;
religious institution or society; (Sec. 10(1),
P.D. No. 49) (g) The making of ephemeral recordings by
a broadcasting organization by means of its
(b) The making of quotations from a own facilities and for use in its own
published work if they are compatible with broadcast;
fair use and only to the extent justified for
the purpose, including quotations from (h) The use made of a work by or under the
newspaper articles and periodicals in the direction or control of the Government, by
form of press summaries: Provided, That the the National Library or by educational,
source and the name of the author, if scientific or professional institutions where
appearing on the work, are mentioned; (Sec. such use is in the public interest and is
11, third par., P.D. No. 49) compatible with fair use;

(c) The reproduction or communication to (i) The public performance or the

the public by mass media of articles on communication to the public of a work, in a
current political, social, economic, scientific place where no admission fee is charged in
or religious topic, lectures, addresses and respect of such public performance or
other works of the same nature, which are communication, by a club or institution for
delivered in public if such use is for charitable or educational purpose only,
information purposes and has not been whose aim is not profit making, subject to
expressly reserved: Provided, That the such other limitations as may be provided in
source is clearly indicated; (Sec. 11, P.D. the Regulations; (n)
No. 49)
(j) Public display of the original or a copy of
(d) The reproduction and communication to the work not made by means of a film, slide,
the public of literary, scientific or artistic television image or otherwise on screen or
works as part of reports of current events by by means of any other device or process:
means of photography, cinematography or Provided, That either the work has been
broadcasting to the extent necessary for the published, or, that the original or the copy
purpose; (Sec. 12, P.D. No. 49) displayed has been sold, given away or
otherwise transferred to another person by
(e) The inclusion of a work in a publication, the author or his successor in title; and
broadcast, or other communication to the
public, sound recording or film, if such (k) Any use made of a work for the purpose
inclusion is made by way of illustration for of any judicial proceedings or for the giving
teaching purposes and is compatible with
 of professional advice by a legal rehabilitation in the same style as the original of a
practitioner. building to which that copyright relates. (n)

184.2. The provisions of this section shall be Section 187. Reproduction of Published Work. -
interpreted in such a way as to allow the work to be 187.1. Notwithstanding the provision of Section
used in a manner which does not conflict with the 177, and subject to the provisions of Subsection
normal exploitation of the work and does not 187.2, the private reproduction of a published work
unreasonably prejudice the right holder's legitimate in a single copy, where the reproduction is made by
interests. a natural person exclusively for research and private
study, shall be permitted, without the authorization
Section 185. Fair Use of a Copyrighted Work. - of the owner of copyright in the work.
185.1. The fair use of a copyrighted work for
criticism, comment, news reporting, teaching 187.2. The permission granted under Subsection
including multiple copies for classroom use, 187.1 shall not extend to the reproduction of:
scholarship, research, and similar purposes is not an
infringement of copyright. Decompilation, which is (a) A work of architecture in the form of
understood here to be the reproduction of the code building or other construction;
and translation of the forms of the computer
program to achieve the inter-operability of an (b) An entire book, or a substantial part
independently created computer program with other thereof, or of a musical work in graphic
programs may also constitute fair use. In form by reprographic means;
determining whether the use made of a work in any
particular case is fair use, the factors to be (c) A compilation of data and other
considered shall include: materials;

(a) The purpose and character of the use, (d) A computer program except as provided
including whether such use is of a in Section 189; and
commercial nature or is for non-profit
educational purposes; (e) Any work in cases where reproduction
would unreasonably conflict with a normal
(b) The nature of the copyrighted work; exploitation of the work or would otherwise
unreasonably prejudice the legitimate
(c) The amount and substantiality of the interests of the author. (n)
portion used in relation to the copyrighted
work as a whole; and Section 188. Reprographic Reproduction by
Libraries. - 188.1. Notwithstanding the provisions
(d) The effect of the use upon the potential of Subsection 177.6, any library or archive whose
market for or value of the copyrighted work. activities are not for profit may, without the
authorization of the author of copyright owner,
185.2. The fact that a work is unpublished shall not make a single copy of the work by reprographic
by itself bar a finding of fair use if such finding is reproduction:
made upon consideration of all the above factors.
(a) Where the work by reason of its fragile
Section 186. Work of Architecture. - Copyright in a character or rarity cannot be lent to user in
work of architecture shall include the right to its original form;
control the erection of any building which
reproduces the whole or a substantial part of the (b) Where the works are isolated articles
work either in its original form or in any form contained in composite works or brief
recognizably derived from the original: Provided, portions of other published works and the
That the copyright in any such work shall not reproduction is necessary to supply them,
include the right to control the reconstruction or when this is considered expedient, to
 persons requesting their loan for purposes of or adaptation shall be destroyed in the event that
research or study instead of lending the continued possession of the copy of the computer
volumes or booklets which contain them; program ceases to be lawful.
and
189.3. This provision shall be without prejudice to
(c) Where the making of such a copy is in the application of Section 185 whenever
order to preserve and, if necessary in the appropriate. (n)
event that it is lost, destroyed or rendered
unusable, replace a copy, or to replace, in Section 190. Importation for Personal Purposes. -
the permanent collection of another similar 190.1. Notwithstanding the provision of Subsection
library or archive, a copy which has been 177.6, but subject to the limitation under the
lost, destroyed or rendered unusable and Subsection 185.2, the importation of a copy of a
copies are not available with the publisher. work by an individual for his personal purposes
shall be permitted without the authorization of the
188.2. Notwithstanding the above provisions, it author of, or other owner of copyright in, the work
shall not be permissible to produce a volume of a under the following circumstances:
work published in several volumes or to produce
missing tomes or pages of magazines or similar (a) When copies of the work are not
works, unless the volume, tome or part is out of available in the Philippines and:
stock: Provided, That every library which, by law,
is entitled to receive copies of a printed work, shall (i) Not more than one (1) copy at one
be entitled, when special reasons so require, to time is imported for strictly
reproduce a copy of a published work which is individual use only; or
considered necessary for the collection of the
library but which is out of stock. (Sec. 13, P.D. 49a) (ii) The importation is by authority
of and for the use of the Philippine
Section 189. Reproduction of Computer Program. - Government; or
189.1. Notwithstanding the provisions of Section
177, the reproduction in one (1) back-up copy or (iii) The importation, consisting of
adaptation of a computer program shall be not more than three (3) such copies
permitted, without the authorization of the author or likenesses in any one invoice, is
of, or other owner of copyright in, a computer not for sale but for the use only of
program, by the lawful owner of that computer any religious, charitable, or
program: Provided, That the copy or adaptation is educational society or institution
necessary for: duly incorporated or registered, or is
for the encouragement of the fine
(a) The use of the computer program in arts, or for any state school, college,
conjunction with a computer for the university, or free public library in
purpose, and to the extent, for which the the Philippines.
computer program has been obtained; and
(b) When such copies form parts of libraries
(b) Archival purposes, and, for the and personal baggage belonging to persons
replacement of the lawfully owned copy of or families arriving from foreign countries
the computer program in the event that the and are not intended for sale: Provided, That
lawfully obtained copy of the computer such copies do not exceed three (3).
program is lost, destroyed or rendered
unusable. 190.2. Copies imported as allowed by this Section
may not lawfully be used in any way to violate the
189.2. No copy or adaptation mentioned in this rights of owner the copyright or annul or limit the
Section shall be used for any purpose other than the protection secured by this Act, and such unlawful
ones determined in this Section, and any such copy use shall be deemed an infringement and shall be
punishable as such without prejudice to the produced after the creator's death, the year of such
proprietor's right of action. death. (Sec. 27, P.D. No. 49a)

190.3. Subject to the approval of the Secretary of CHAPTER X

Finance, the Commissioner of Customs is hereby MORAL RIGHTS
empowered to make rules and regulations for
preventing the importation of articles the Section 193. Scope of Moral Rights. - The author of
importation of which is prohibited under this a work shall, independently of the economic rights
Section and under treaties and conventions to which in Section 177 or the grant of an assignment or
the Philippines may be a party and for seizing and license with respect to such right, have the right:
condemning and disposing of the same in case they
are discovered after they have been imported. (Sec. 193.1. To require that the authorship of the works
30, P.D. No. 49) be attributed to him, in particular, the right that his
name, as far as practicable, be indicated in a
CHAPTER IX prominent way on the copies, and in connection
DEPOSIT AND NOTICE with the public use of his work;

Section 191. Registration and Deposit with 193.2. To make any alterations of his work prior to,
National Library and the Supreme Court Library. - or to withhold it from publication;
After the first public dissemination of performance
by authority of the copyright owner of a work 193.3. To object to any distortion, mutilation or
falling under Subsections 172.1, 172.2 and 172.3 of other modification of, or other derogatory action in
this Act, there shall, for the purpose of completing relation to, his work which would be prejudicial to
the records of the National Library and the Supreme his honor or reputation; and
Court Library, within three (3) weeks, be registered
and deposited with it, by personal delivery or by 193.4. To restrain the use of his name with respect
registered mail two (2) complete copies or to any work not of his own creation or in a distorted
reproductions of the work in such form as the version of his work. (Sec. 34, P.D. No. 49)
directors of said libraries may prescribe. A
certificate of deposit shall be issued for which the Section 194. Breach of Contract. - An author
prescribed fee shall be collected and the copyright cannot be compelled to perform his contract to
owner shall be exempt from making additional create a work or for the publication of his work
deposit of the works with the National Library and already in existence. However, he may be held
the Supreme Court Library under other laws. If, liable for damages for breach of such contract. (Sec.
within three (3) weeks after receipt by the copyright 35, P.D. No. 49)
owner of a written demand from the directors for
such deposit, the required copies or reproductions Section 195. Waiver of Moral Rights. - An author
are not delivered and the fee is not paid, the may waive his rights mentioned in Section 193 by a
copyright owner shall be liable to pay a fine written instrument, but no such waiver shall be
equivalent to the required fee per month of delay valid where its effects is to permit another:
and to pay to the National Library and the Supreme
Court Library the amount of the retail price of the 195.1. To use the name of the author, or the title of
best edition of the work. Only the above mentioned his work, or otherwise to make use of his reputation
classes of work shall be accepted for deposit by the with respect to any version or adaptation of his
National Library and the Supreme Court Library. work which, because of alterations therein, would
(Sec. 26, P.D. No. 49a) substantially tend to injure the literary or artistic
reputation of another author; or
Section 192. Notice of Copyright. - Each copy of a
work published or offered for sale may contain a 195.2. To use the name of the author with respect to
notice bearing the name of the copyright owner, and a work he did not create. (Sec. 36, P.D. No. 49)
the year of its first publication, and, in copies
Section 196. Contribution to Collective Work. - CHAPTER XI
When an author contributes to a collective work, his RIGHTS TO PROCEEDS IN SUBSEQUENT
right to have his contribution attributed to him is TRANSFERS
deemed waived unless he expressly reserves it.
(Sec. 37, P.D. No. 49) Section 200. Sale or Lease of Work. - In every sale
or lease of an original work of painting or sculpture
Section 197. Editing, Arranging and Adaptation of or of the original manuscript of a writer or
Work. - In the absence of a contrary stipulation at composer, subsequent to the first disposition thereof
the time an author licenses or permits another to use by the author, the author or his heirs shall have an
his work, the necessary editing, arranging or inalienable right to participate in the gross proceeds
adaptation of such work, for publication, broadcast, of the sale or lease to the extent of five percent
use in a motion picture, dramatization, or (5%). This right shall exist during the lifetime of the
mechanical or electrical reproduction in accordance author and for fifty (50) years after his death. (Sec.
with the reasonable and customary standards or 31, P.D. No. 49)
requirements of the medium in which the work is to
be used, shall not be deemed to contravene the Section 201. Works Not Covered. - The provisions
author's rights secured by this chapter. Nor shall of this Chapter shall not apply to prints, etchings,
complete destruction of a work unconditionally engravings, works of applied art, or works of
transferred by the author be deemed to violate such similar kind wherein the author primarily derives
rights. (Sec. 38, P.D. No. 49) gain from the proceeds of reproductions. (Sec. 33,
P.D. No. 49)
Section 198. Term of Moral Rights. - 198.1. The
rights of an author under this chapter shall last CHAPTER XII
during the lifetime of the author and for fifty (50) RIGHTS OF PERFORMERS, PRODUCERS
years after his death and shall not be assignable or OF SOUNDS RECORDINGS AND
subject to license. The person or persons to be BROADCASTING ORGANIZATIONS
charged with the posthumous enforcement of these
rights shall be named in writing to be filed with the Section 202. Definitions. - For the purpose of this
National Library. In default of such person or Act, the following terms shall have the following
persons, such enforcement shall devolve upon either meanings:
the author's heirs, and in default of the heirs, the
Director of the National Library. 202.1. "Performers" are actors, singers, musicians,
dancers, and other persons who act, sing, declaim,
198.2. For purposes of this Section, "Person" shall play in, interpret, or otherwise perform literary and
mean any individual, partnership, corporation, artistic work;
association, or society. The Director of the National
Library may prescribe reasonable fees to be charged 202.2. "Sound recording" means the fixation of the
for his services in the application of provisions of sounds of a performance or of other sounds, or
this Section. (Sec. 39, P.D. No. 49) representation of sound, other than in the form of a
fixation incorporated in a cinematographic or other
Section 199. Enforcement Remedies. - Violation of audiovisual work;
any of the rights conferred by this Chapter shall
entitle those charged with their enforcement to the 202.3. An "audiovisual work or fixation" is a work
same rights and remedies available to a copyright that consists of a series of related images which
owner. In addition, damages which may be availed impart the impression of motion, with or without
of under the Civil Code may also be recovered. Any accompanying sounds, susceptible of being made
damage recovered after the creator's death shall be visible and, where accompanied by sounds,
held in trust for and remitted to his heirs, and in susceptible of being made audible;
default of the heirs, shall belong to the government.
(Sec. 40, P D No. 49) 202.4. "Fixation" means the embodiment of sounds,
or of the representations thereof, from which they
can be perceived, reproduced or communicated 203.2. The right of authorizing the direct or indirect
through a device; reproduction of their performances fixed in sound
recordings, in any manner or form;
202. 5. "Producer of a sound recording" means the
person, or the legal entity, who or which takes the 203.3. Subject to the provisions of Section 206, the
initiative and has the responsibility for the first right of authorizing the first public distribution of
fixation of the sounds of a performance or other the original and copies of their performance fixed in
sounds, or the representation of sounds; the sound recording through sale or rental or other
forms of transfer of ownership;
202.6. "Publication of a fixed performance or a
sound recording" means the offering of copies of 203.4. The right of authorizing the commercial
the fixed performance or the sound recording to the rental to the public of the original and copies of
public, with the consent of the right holder: their performances fixed in sound recordings, even
Provided, That copies are offered to the public in after distribution of them by, or pursuant to the
reasonable quality; authorization by the performer; and

202.7. "Broadcasting" means the transmission by 203.5. The right of authorizing the making available
wireless means for the public reception of sounds or to the public of their performances fixed in sound
of images or of representations thereof; such recordings, by wire or wireless means, in such a
transmission by satellite is also "broadcasting" way that members of the public may access them
where the means for decrypting are provided to the from a place and time individually chosen by them.
public by the broadcasting organization or with its (Sec. 42, P.D. No. 49a)
consent;
Section 204. Moral Rights of Performers. - 204.1.
202.8. "Broadcasting organization" shall include a Independently of a performer's economic rights, the
natural person or a juridical entity duly authorized performer, shall, as regards his live aural
to engage in broadcasting; and performances or performances fixed in sound
recordings, have the right to claim to be identified
202.9 "Communication to the public of a as the performer of his performances, except where
performance or a sound recording" means the the omission is dictated by the manner of the use of
transmission to the public, by any medium, the performance, and to object to any distortion,
otherwise than by broadcasting, of sounds of a mutilation or other modification of his
performance or the representations of sounds fixed performances that would be prejudicial to his
in a sound recording. For purposes of Section 209, reputation.
"communication to the public" includes making the
sounds or representations of sounds fixed in a sound 204.2. The rights granted to a performer in
recording audible to the public. accordance with Subsection 203.1 shall be
maintained and exercised fifty (50) years after his
Section 203. Scope of Performers' Rights. - Subject death, by his heirs, and in default of heirs, the
to the provisions of Section 212, performers shall government, where protection is claimed. (Sec. 43,
enjoy the following exclusive rights: P.D. No. 49)

203.1. As regards their performances, the right of Section 205. Limitation on Right. - 205.1. Subject
authorizing: to the provisions of Section 206, once the performer
has authorized the broadcasting or fixation of his
(a) The broadcasting and other performance, the provisions of Sections 203 shall
communication to the public of their have no further application.
performance; and
205.2. The provisions of Section 184 and Section
(b) The fixation of their unfixed 185 shall apply mutatis mutandis to performers. (n)
performance.
Section 206. Additional Remuneration for the performers and the producer, who, in the
Subsequent Communications or Broadcasts. - absence of any agreement shall share equally. (Sec.
Unless otherwise provided in the contract, in every 47, P.D. No. 49a)
communication to the public or broadcast of a
performance subsequent to the first communication Section 210. Limitation of Right. - Sections 184 and
or broadcast thereof by the broadcasting 185 shall apply mutatis mutandis to the producer of
organization, the performer shall be entitled to an sound recordings. (Sec. 48, P.D. No. 49a)
additional remuneration equivalent to at least five
percent (5%) of the original compensation he or she CHAPTER XIV
received for the first communication or broadcast. BROADCASTING ORGANIZATIONS
(n)
Section 211. Scope of Right. - Subject to the
Section 207. Contract Terms. - Nothing in this provisions of Section 212, broadcasting
Chapter shall be construed to deprive performers of organizations shall enjoy the exclusive right to carry
the right to agree by contracts on terms and out, authorize or prevent any of the following acts:
conditions more favorable for them in respect of
any use of their performance. (n) 211.1. The rebroadcasting of their broadcasts;

CHAPTER XIII 211.2. The recording in any manner, including the

PRODUCERS OF SOUND RECORDINGS making of films or the use of video tape, of their
broadcasts for the purpose of communication to the
Section 208. Scope of Right. - Subject to the public of television broadcasts of the same; and
provisions of Section 212, producers of sound
recordings shall enjoy the following exclusive 211.3. The use of such records for fresh
rights: transmissions or for fresh recording. (Sec. 52, P.D.
No. 49)
208.1. The right to authorize the direct or indirect
reproduction of their sound recordings, in any CHAPTER XV
manner or form; the placing of these reproductions LIMITATIONS ON PROTECTION
in the market and the right of rental or lending;
Section 212. Limitations on Rights. - Sections 203,
208.2. The right to authorize the first public 208 and 209 shall not apply where the acts referred
distribution of the original and copies of their sound to in those Sections are related to:
recordings through sale or rental or other forms of
transferring ownership; and 212.1. The use by a natural person exclusively for
his own personal purposes;
208.3. The right to authorize the commercial rental
to the public of the original and copies of their 212.2. Using short excerpts for reporting current
sound recordings, even after distribution by them by events;
or pursuant to authorization by the producer. (Sec.
46, P.D. No. 49a) 212.3. Use solely for the purpose of teaching or for
scientific research; and
Section 209. Communication to the Public. - If a
sound recording published for commercial 212.4. Fair use of the broadcast subject to the
purposes, or a reproduction of such sound conditions under Section 185. (Sec. 44, P.D. No.
recording, is used directly for broadcasting or for 49a)
other communication to the public, or is publicly
performed with the intention of making and CHAPTER XVI
enhancing profit, a single equitable remuneration TERM OF PROTECTION
for the performer or performers, and the producer of
the sound recording shall be paid by the user to both
Section 213. Term of Protection. - 213.1. Subject to Sec
the provisions of Subsections 213.2 to 213.5, the
copyright in works under Sections 172 and 173
shall be protected during the life of the author and
for fifty (50) years after his death. This rule also
applies to posthumous works. (Sec. 21, first
sentence, P.D. No. 49a)

213.2. In case of works of joint authorship, the tion 215. Term of Protection for Performers,
economic rights shall be protected during the life of Producers and Broadcasting Organizations. -
the last surviving author and for fifty (50) years 215.1. The rights granted to performers and
after his death. (Sec. 21, second sentence, P.D. No. producers of sound recordings under this law shall
49) expire:

213.3. In case of anonymous or pseudonymous (a) For performances not incorporated in

works, the copyright shall be protected for fifty (50) recordings, fifty (50) years from the end of
years from the date on which the work was first the year in which the performance took
lawfully published: Provided, That where, before place; and
the expiration of the said period, the author's
identity is revealed or is no longer in doubt, the (b) For sound or image and sound
provisions of Subsections 213.1. and 213.2 shall recordings and for performances
apply, as the case may be: Provided, further, That incorporated therein, fifty (50) years from
such works if not published before shall be the end of the year in which the recording
protected for fifty (50) years counted from the took place.
making of the work. (Sec. 23, P.D. No. 49)
215.2. In case of broadcasts, the term shall be
213.4. In case of works of applied art the protection twenty (20) years from the date the broadcast took
shall be for a period of twenty-five (25) years from place. The extended term shall be applied only to
the date of making. (Sec. 24(B), P.D. No. 49a) old works with subsisting protection under the prior
law. (Sec. 55, P.D. No. 49a)

CHAPTER XVII
213.5. In case of photographic works, the protection INFRINGEMENT
shall be for fifty (50) years from publication of the
work and, if unpublished, fifty (50) years from the Section 216. Remedies for Infringement. -
making. (Sec. 24(C), P.D. 49a) 216.1. Any person infringing a right
protected under this law shall be liable:
213.6. In case of audio-visual works including those
produced by process analogous to photography or (a) To an injunction restraining such
any process for making audio-visual recordings, the infringement. The court may also order
term shall be fifty (50) years from date of the defendant to desist from an
publication and, if unpublished, from the date of infringement, among others, to prevent
making. (Sec. 24(C), P.D. No. 49a) the entry into the channels of commerce
of imported goods that involve an
Section 214. Calculation of Term. - The term of infringement, immediately after customs
protection subsequent to the death of the author clearance of such goods.
provided in the preceding Section shall run from the
date of his death or of publication, but such terms
shall always be deemed to begin on the first day of
January of the year following the event which gave (b) Pay to the copyright proprietor or his
rise to them. (Sec. 25, P.D. No. 49) assigns or heirs such actual damages,
 including legal costs and other expenses, as infringement shall be guilty of a crime punishable
he may have incurred due to the by:
infringement as well as the profits the
infringer may have made due to such (a) Imprisonment of one (1) year to three (3)
infringement, and in proving profits the years plus a fine ranging from Fifty
plaintiff shall be required to prove sales only thousand pesos (P50,000) to One hundred
and the defendant shall be required to prove fifty thousand pesos (P150,000) for the first
every element of cost which he claims, or, in offense.
lieu of actual damages and profits, such
damages which to the court shall appear to (b) Imprisonment of three (3) years and one
be just and shall not be regarded as penalty. (1) day to six (6) years plus a fine ranging
from One hundred fifty thousand pesos
(c) Deliver under oath, for impounding (P150,000) to Five hundred thousand pesos
during the pendency of the action, upon such (P500,000) for the second offense.
terms and conditions as the court may
prescribe, sales invoices and other (c) Imprisonment of six (6) years and one
documents evidencing sales, all articles and (1) day to nine (9) years plus a fine ranging
their packaging alleged to infringe a from five hundred thousand pesos
copyright and implements for making them. (P500,000) to One million five hundred
thousand pesos (P1,500,000) for the third
and subsequent offenses.

(d) Deliver under oath for destruction (d) In all cases, subsidiary imprisonment in
without any compensation all infringing cases of insolvency.
copies or devices, as well as all plates,
molds, or other means for making such 217.2. In determining the number of years of
infringing copies as the court may order. imprisonment and the amount of fine, the court
shall consider the value of the infringing materials
that the defendant has produced or manufactured
and the damage that the copyright owner has
(e) Such other terms and conditions, suffered by reason of the infringement.
including the payment of moral and
exemplary damages, which the court may 217.3. Any person who at the time when copyright
deem proper, wise and equitable and the subsists in a work has in his possession an article
destruction of infringing copies of the work which he knows, or ought to know, to be an
even in the event of acquittal in a criminal infringing copy of the work for the purpose of:
case.
(a) Selling, letting for hire, or by way of
trade offering or exposing for sale, or hire,
the article;
216.2. In an infringement action, the court shall also
have the power to order the seizure and impounding (b) Distributing the article for purpose of
of any article which may serve as evidence in the trade, or for any other purpose to an extent
court proceedings. (Sec. 28, P.D. No. 49a) that will prejudice the rights of the copyright
owner in the work; or

(c) Trade exhibit of the article in public,

Section 217. Criminal Penalties. - 217.1. Any shall be guilty of an offense and shall be
person infringing any right secured by provisions of liable on conviction to imprisonment and
Part IV of this Act or aiding or abetting such fine as above mentioned. (Sec. 29, P.D. No.
49a)
Section 218. Affidavit Evidence. - 218.1. In an proceedings, the court may direct that any
action under this Chapter, an affidavit made before costs to the defendant in respect of the
a notary public by or on behalf of the owner of the action shall not be allowed by him and that
copyright in any work or other subject matter and any costs occasioned by the defendant to
stating that: other parties shall be paid by him to such
other parties. (n)
(a) At the time specified therein, copyright
subsisted in the work or other subject
matter;
Section 219. Presumption of Authorship. - 219.1.
(b) He or the person named therein is the The natural person whose name is indicated on a
owner of the copyright; and work in the usual manner as the author shall, in the
absence of proof to the contrary, be presumed to be
(c) The copy of the work or other subject the author of the work. This provision shall be
matter annexed thereto is a true copy applicable even if the name is a pseudonym, where
thereof, shall be admitted in evidence in any the pseudonym leaves no doubt as to the identity of
proceedings for an offense under this the author.
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 219.2. The person or body corporate whose name
affidavit was made by or on behalf of the appears on a audio-visual work in the usual manner
owner of the copyright. shall, in the absence of proof to the contrary, be
presumed to be the maker of said work. (n)
218.2. In an action under this Chapter:

(a) Copyright shall be presumed to subsist in

the work or other subject matter to which the Section 220. International Registration of Works. -
action relates if the defendant does not put in A statement concerning a work, recorded in an
issue the question whether copyright international register in accordance with an
subsists in the work or other subject matter; international treaty to which the Philippines is or
and may become a party, shall be construed as true until
the contrary is proved except:

(b) Where the subsistence of the copyright is

established, the plaintiff shall be presumed 220.1. Where the statement cannot be valid under
to be the owner of the copyright if he claims this Act or any other law concerning intellectual
to be the owner of the copyright and the property.
defendant does not put in issue the question
of his ownership. 220.2. Where the statement is contradicted by
another statement recorded in the international
register. (n)

(c) Where the defendant, without good faith, CHAPTER XVIII

puts in issue the questions of whether SCOPE OF APPLICATION
copyright subsists in a work or other subject
matter to which the action relates, or the Section 221. Points of Attachment for Works under
ownership of copyright in such work or Sections 172 and 173. - 221.1. The protection
subject matter, thereby occasioning afforded by this Act to copyrightable works under
unnecessary costs or delay in the Sections 172 and 173 shall apply to:
 (a) Works of authors who are nationals of,
or have their habitual residence in, the
Philippines; 223.1. Sound recordings the producers of which are
nationals of the Philippines; and
(b) Audio-visual works the producer of
which has his headquarters or habitual 223.2. Sound recordings that were first published in
residence in the Philippines; the Philippines. (n)

(c) Works of architecture erected in the

Philippines or other artistic works
incorporated in a building or other structure Section 224. Points of Attachment for Broadcasts. -
located in the Philippines; 224.1. The provisions of this Act on the protection
of broadcasts shall apply to:
(d) Works first published in the Philippines;
and (a) Broadcasts of broadcasting organizations
the headquarters of which are situated in the
(e) Works first published in another country Philippines; and
but also published in the Philippines within
thirty days, irrespective of the nationality or (b) Broadcasts transmitted from transmitters
residence of the authors. situated in the Philippines.

221.2. The provisions of this Act shall also apply to

works that are to be protected by virtue of and in
accordance with any international convention or 224.2. The provisions of this Act shall also apply to
other international agreement to which the performers who, and to producers of sound
Philippines is a party. (n) recordings and broadcasting organizations which,
are to be protected by virtue of and in accordance
Section 222. Points of Attachment for Performers. - with any international convention or other
The provisions of this Act on the protection of international agreement to which the Philippines is
performers shall apply to: a party. (n)

222.1. Performers who are nationals of the CHAPTER XIX

Philippines; INSTITUTION OF ACTIONS

Section 225. Jurisdiction. - Without prejudice to the

provisions of Subsection 7.1(c), actions under this
222.2. Performers who are not nationals of the Act shall be cognizable by the courts with
Philippines but whose performances: appropriate jurisdiction under existing law. (Sec.
57, P.D. No. 49a)
(a) Take place in the Philippines; or

(b) Are incorporated in sound recordings

that are protected under this Act; or Section 226. Damages. - No damages may be
recovered under this Act after four (4) years from
(c) Which has not been fixed in sound the time the cause of action arose. (Sec. 58, P.D.
recording but are carried by broadcast No. 49)
qualifying for protection under this Act. (n)
CHAPTER XX
Section 223. Points of Attachment for Sound MISCELLANEOUS PROVISIONS
Recordings. - The provisions of this Act on the
protection of sound recordings shall apply to:
Section 227. Ownership of Deposit and
Instruments. - All copies deposited and instruments
in writing filed with the National Library and the Section 232. Appeals. - 232.1. Appeals from
Supreme Court Library in accordance with the decisions of regular courts shall be governed by the
provisions of this Act shall become the property of Rules of Court. Unless restrained by a higher court,
the Government. (Sec. 60, P.D. No. 49) the judgment of the trial court shall be executory
even pending appeal under such terms and
conditions as the court may prescribe.

Section 228. Public Records. - The section or

division of the National Library and the Supreme
Court Library charged with receiving copies and 232.2. Unless expressly provided in this Act or
instruments deposited and with keeping records other statutes, appeals from decisions of
required under this Act and everything in it shall be administrative officials shall be provided in the
opened to public inspection. The Director of the Regulations. (n)
National Library is empowered to issue such
safeguards and regulations as may be necessary to
implement this Section and other provisions of this
Act. (Sec. 61, P.D. No. 49) Section 233. Organization of the Office; Exemption
from the Salary Standardization Law and the
Attrition Law. - 233.1. The Office shall be
organized within one (1) year after the approval of
Section 229. Copyright Division; Fees. - The this Act. It shall not be subject to the provisions of
Copyright Section of the National Library shall be Republic Act No. 7430.
classified as a Division upon the effectivity of this
Act. The National Library shall have the power to 233.2. The Office shall institute its own
collect, for the discharge of its services under this compensation structure: Provided, That the Office
Act, such fees as may be promulgated by it from shall make its own system conform as closely as
time to time subject to the approval of the possible with the principles provided for under
Department Head. (Sec. 62, P.D. 49a) Republic Act No. 6758. (n)

PART V
FINAL PROVISIONS
Section 234. Abolition of the Bureau of Patents,
Section 230. Equitable Principles to Govern Trademarks, and Technology Transfer. - The
Proceedings. - In all inter partes proceedings in the Bureau of Patents, Trademarks, and Technology
Office under this Act, the equitable principles of Transfer under the Department of Trade and
laches, estoppel, and acquiescence where Industry is hereby abolished. All unexpended funds
applicable, may be considered and applied. (Sec. 9- and fees, fines, royalties and other charges collected
A, R.A. No. 165) for the calendar year, properties, equipment and
records of the Bureau of Patents, Trademarks and
Technology Transfer, and such personnel as may be
necessary are hereby transferred to the Office.
Section 231. Reverse Reciprocity of Foreign Laws. Personnel not absorbed or transferred to the Office
- Any condition, restriction, limitation, diminution, shall enjoy the retirement benefits granted under
requirement, penalty or any similar burden imposed existing law, otherwise, they shall be paid the
by the law of a foreign country on a Philippine equivalent of one month basic salary for every year
national seeking protection of intellectual property of service, or the equivalent nearest fractions
rights in that country, shall reciprocally be thereof favorable to them on the basis of the highest
enforceable upon nationals of said country, within salary received.(n)
Philippine jurisdiction. (n)
 grantable by competent authority under the
Appendix. (n)
Section 235. Applications Pending on Effective
Date of Act. - 235.1. All applications for patents
pending in the Bureau of Patents, Trademarks and
Technology Transfer shall be proceeded with and Section 238. Appropriations. - The funds needed to
patents thereon granted in accordance with the Acts carry out the provisions of this Act shall be charged
under which said applications were filed, and said to the appropriations of the Bureau of Patents,
Acts are hereby continued to be enforced, to this Trademarks, and Technology Transfer under the
extent and for this purpose only, notwithstanding current General Appropriations Act and the fees,
the foregoing general repeal thereof: Provided, That fines, royalties and other charges collected by the
applications for utility models or industrial designs Bureau for the calendar year pursuant to Sections
pending at the effective date of this Act, shall be 14.1 and 234 of this Act. Thereafter such sums as
proceeded with in accordance with the provisions of may be necessary for its continued implementations
this Act, unless the applicants elect to prosecute shall be included in the annual General
said applications in accordance with the Acts under Appropriations Act. (n)
which they were filed.

235.2. All applications for registration of marks or

trade names pending in the Bureau of Patents, Section 239. Repeals. - 239.1. All Acts and parts of
Trademarks and Technology Transfer at the Acts inconsistent herewith, more particularly
effective date of this Act may be amended, if Republic Act No. 165, as amended; Republic Act
practicable to bring them under the provisions of No. 166, as amended; and Articles 188 and 189 of
this Act. The prosecution of such applications so the Revised Penal Code; Presidential Decree No.
amended and the grant of registrations thereon shall 49, including Presidential Decree No. 285, as
be proceeded with in accordance with the amended, are hereby repealed.
provisions of this Act. If such amendments are not
made, the prosecution of said applications shall be
proceeded with and registrations thereon granted in
accordance with the Acts under which said 239.2. Marks registered under Republic Act No.
applications were filed, and said Acts are hereby 166 shall remain in force but shall be deemed to
continued in force to this extent for this purpose have been granted under this Act and shall be due
only, notwithstanding the foregoing general repeal for renewal within the period provided for under
thereof (n) this Act and, upon renewal shall be reclassified in
accordance with the International Classification.
Trade names and marks registered in the
Supplemental Register under Republic Act No. 166
Section 236. Preservation of Existing Rights. - shall remain in force but shall no longer be subject
Nothing herein shall adversely affect the rights on to renewal.
the enforcement of rights in patents, utility models,
industrial designs, marks and works, acquired in 239.3. The provisions of this Act shall apply to
good faith prior to the effective date of this Act. (n) works in which copyright protection obtained prior
to the effectivity of this Act is subsisting: Provided,
That the application of this Act shall not result in
the diminution of such protection. (n)
Section 237. Notification on Berne Appendix. - The
Philippines shall by proper compliance with the Section 240. Separability. - If any provision of this
requirements set forth under the Appendix of the Act or the application of such provision to any
Berne Convention (Paris Act, 1971) avail itself of circumstances is held invalid, the remainder of the
the special provisions regarding developing Act shall not be affected thereby. (n)
countries, including provisions for licenses
Section 241. Effectivity. - This Act shall take effect
on 1 January 1998. (n)

Approved: June 6, 1997