COPYRIGHT control the reconstruction or

rehabilitation in the same style as the

• A right over literary and artistic works which
original of a building to which that
are original intellectual creations in the
copyright relates
literary and artistic domain protected from
the moment of creation.

• Derivative works shall also be protected by LITERARY AND ARTISTIC WORKS.

copyright
• original intellectual creations in the literary
• protected from the MOMENT OF CREATION and artistic domain protected from the
(Principle of automatic registration) moment of their creation and shall include
in particular:
Copyrightable works
a) Books, pamphlets, articles and other
1. Original works (Literary and artistic works)
writings;
2. Derivative works
b) (b) Periodicals and newspapers;
3. Published edition of work
c) (c) Lectures, sermons, addresses,
dissertations prepared for oral

Term of protection: d) delivery, whether or not reduced in

writing or other material
• Copyright shall last during the LIFETIME of
the author and e) form;

• 50 YEARS after his death. f) (d) Letters;

g) (e) Dramatic or dramatico-musical

compositions; choreographic works or
• GR: The copyright is distinct from the entertainment in dumb shows;
property in the material object subject
to it. Consequently, the transfer or h) (f) Musical compositions, with or
assignment of the copyright shall not without words;
itself constitute a transfer of the
i) Works of drawing, painting
material object. Nor shall a transfer or
architecture, sculpture, engraving,
assignment of the sole copy or of one or
lithography or other works of art;
several copies of the work imply
models or designs for works of art
transfer or assignment of the copyright.

• EXP: Work of Architecture - Copyright in

a work of architecture shall include the (h) Original ornamental designs or models for
right to control the erection of any articles of manufacture, whether or not
building which reproduces the whole or registrable as an industrial design, and other
a substantial part of the work either in works of applied art;
its original form or in any form
(i) Illustrations, maps, plans, sketches, charts
recognizably derived from the original:
and three- dimensional works relative to
Provided, That the copyright in any such
geography, topography, architecture or science;
work shall not include the right to
(j) Drawings or plastic works of a scientific or communicated for a period more than a
technical character; transitory duration.

(k) Photographic works including works

produced by a process analogous to
PUBLISHED EDITION OF WORK
photography; lantern slides;
• In addition to the right to publish granted
(l) Audiovisual works and cinematographic
by the author, his heirs, or assigns, the
works and works produced by a process
publisher shall have a copyright consisting
analogous to cinematography or any process for
merely of the right of reproduction of the
making audio-visual recordings;
typographical arrangement of the published
(m) Pictorial illustrations and advertisements; edition of the work.

(n) Computer programs; and

(o) Other literary, scholarly, scientific and NON-COPYRIGHTABLE WORKS:

artistic works.
1. IDEA, PROCEDURE, SYSTEM, METHOD or
OPERATION, CONCEPT, PRINCIPLE,
DISCOVERY or MERE DATA as such
DERIVATIVE WORKS
2. NEWS of the day and other items of press
a) Dramatizations, translations, adaptations,
information
abridgments, arrangements, and other
alterations of literary or artistic works; and 3. Any OFFICIAL TEXT of a legislative,
administrative or legal nature, as well as
b) Collections of literary, scholarly or artistic
any official translation thereof
works, and compilations of data and other
materials which are original by reason of 4. PLEADINGS
the selection or coordination or
5. ORIGINAL DECISIONS of courts and
arrangement of their contents.
tribunals(

a) EXP: annotated decisions such as

Elements of Copyright: the SCRA or SCAD as these already
fall under the classification of
1. ORIGINALITY – created by the author’s own
derivative works, hence
skill, labor, and judgment without directly
copyrightable
copying or evasively imitating the work of
another 6. Any WORK OF THE GOVERNMENT of the
Philippines
a) Independently created by the
author

b) Minimal degree of creativity

2. EXPRESSION – embodied in a medium

sufficiently permanent or stable to permit it
to be perceived, reproduced or
 a) GR: Conditions imposed prior the 3. The first public distribution of the original
approval of the government agency and each copy of the work by sale or other
or office wherein the work is forms of transfer of ownership;
created shall be necessary for
4. Rental of the original or a copy of an
exploitation of such work for profit.
audiovisual or cinematographic work, a
Such agency or office, may, among
work embodied in a sound recording, a
other things, impose as condition
computer program, a compilation of data
the payment of royalties.
and other materials or a musical work in
b) EXP: No prior approval or conditions graphic form, irrespective of the ownership
shall be required for the use of any of the original or the copy which is the
purpose of statutes, rules and subject of the rental;
regulations, and speeches, lectures,
5. Public display of the original or a copy of the
sermons, addresses, and
work;
dissertations, pronounced, read, or
rendered in courts of justice, before 6. Public performance of the work; and
administration agencies, in
deliberative assemblies and in 7. Other communication to the public of the
meetings of public character (IPC, work.
Sec. 176). DURATION OF ECONOMIC RIGHTS
7. TV PROGRAMS, FORMA T of TV programs WORK TERM OF
PROTECTION
8. SYSTEMS OF BOOKKEEPING; and
Literary and artistic Life of the author +
9. STATUTES. works, Derivative 50 years after his
works death
Joint Authorship Life of the last
surviving author + 50
Rights conferred by copyright years after his death
Anonymous or 50 years from date it
1. Economic rights
Pseudonymous is first lawfully
2. Moral rights Works published
If before expiration
3. Art proceeds rights of period, identity is
revealed or no longer
in doubt, the rule on
Literary and Joint
ECONOMIC RIGHTS Authorship applies
exclusive right to carry out, authorize or prevent Work of Applied Art 25 years from date of
making
the following acts:
Photographic works If published - 50
1. Reproduction of the work or substantial Audiovisual works years from
portion of the work; publication
Unpublished - 50
2. Dramatization, translation, adaptation, years from making
abridgment, arrangement or other Performances not 50 years from end of
incorporated in the year in which
transformation of the work;
recordings performance took
 place by the author, the author or his heirs shall
Sound recordings and 50 years from end of have an inalienable right to participate in
performances the year in which the gross proceeds of the sale or lease to
incorporated therein recording took place the extent of five percent (5%)

MORAL RIGHTS
EXPIRATION OF COPYRIGHT
1. To require that the authorship of the works
be attributed to him (Attribution Right) • Transfers to public domain

2. To make any alterations of his work prior to, TYPE OF WORK OWNER
or to withhold it from publication Original works Author
Joint-Authorship Governed by rules of
3. To preserve integrity of work, object to any co-ownership if no
distortion, mutilation or other modification agreement (unless
which would be prejudicial to his honor or work can be used
reputation; and separately)
Audiovisual work Producer, the author
4. To restrain the use of his name with respect of the scenario, the
to any work not of his own creation or in a composer of the
distorted version of his work music, the film
director, and the
author of the work so
adapted (unless
• Moral rights can only be given to natural otherwise provided in
persons. an agreement)
Anonymous and Publishers shall be
• Moral rights shall last during the lifetime of pseudonymous works deemed to represent
the author and in perpetuity after his death. the authors of articles
Commission work Ownership – person
• Moral rights are NOT assignable or subject who commissioned
to license. shall own the work
Copyright – shall
• Moral rights can be waived in writing, remain with the
expressly so stating such waiver. creator (unless
written stipulation to
the contrary)
ART PROCEEDS RIGHT Collective works When an author
contributes to a
• artist’s resale right, which requires that a collective work, his
percentage of the resale price of an artistic right to have his
work is paid to the author. The right is contribution
attributed to him is
exercisable even after the author’s death,
deemed waived
provided the work is still in copyright. unless he expressly
• In every sale or lease of an original work of reserves it.
In the course of Employee – if not
painting or sculpture or of the original
employment part of his regular
manuscript of a writer or composer, duties
subsequent to the first disposition thereof Employer – if work
 resulted to the purposes and is compatible with fair use:
performance of Provided, That the source and the name of the
regular duties unless author, if appearing in the work, are mentioned;
agreed otherwise
Letters Writer (f) The recording made in schools, universities,
or educational institutions of a work included in
a broadcast for the use of such schools,
Limitations on copyright
universities or educational institutions:
The following acts shall NOT CONSTITUTE Provided, that such recording must be deleted
INFRINGEMENT OF COPYRIGHT: within a reasonable period after they were first
broadcast: Provided, further, that such
(a) The recitation or performance of a work,
recording may not be made from audiovisual
once it has been
works which are part of the general cinema
lawfully made accessible to the public, if done repertoire of feature films except for brief
privately and free of charge or if made strictly excerpts of the work;
for a charitable or religious institution or
(g) The making of ephemeral recordings by a
society;
broadcasting organization by means of its own
(b) The making of quotations from a published facilities and for use in its own broadcast;
work if they are compatible with fair use and
(h) The use made of a work by or under the
only to the extent justified for the purpose,
direction or control of the Government, by the
including quotations from newspaper articles
National Library or by educational, scientific or
and periodicals in the form of press summaries:
professional institutions where such use is in
Provided, That the source and the name of the
the public interest and is compatible with fair
author, if appearing on the work, are
use;
mentioned;
(i) The public performance or the
(c) The reproduction or communication to the
communication to the public of a work, in a
public by mass media of articles on current
place where no admission fee is charged in
political, social, economic, scientific or religious
respect of such public performance or
topic, lectures, addresses and other works of
communication, by a club or institution for
the same nature, which are delivered in public if
charitable or educational purpose only, whose
such use is for information purposes and has
aim is not profit making, subject to such other
not been expressly reserved: Provided, That the
limitations as may be provided in the
source is clearly indicated;
Regulations;
(d) The reproduction and communication to the
(j) Public display of the original or a copy of the
public of literary, scientific or artistic works as
work not made by means of a film, slide,
part of reports of current events by means of
television image or otherwise on screen or by
photography, cinematography or broadcasting
means of any other device or process: Provided,
to the extent necessary for the purpose;
that either the work has been published, or,
(e) The inclusion of a work in a publication, that the original or the copy displayed has been
broadcast, or other communication to the sold, given away or otherwise transferred to
public, sound recording or film, if such inclusion another person by the author or his successor in
is made by way of illustration for teaching title; and
(k) Any use made of a work for the purpose of • The fair use of a copyrighted work for
any judicial proceedings or for the giving of criticism, comment, news reporting,
professional advice by a legal practitioner. teaching including multiple copies for
classroom use, scholarship, research,
and similar purposes is not an
 Note: the private reproduction of a infringement of copyright.
published work in a single copy, where the
reproduction is made by a natural person
exclusively for research and private study, Factors to consider to be fair use:
shall be permitted, without the
1. The PURPOSE and CHARACTER of the use,
authorization of the owner of copyright in
including whether such use is of a
the work.
commercial nature or is for non- profit
educational purposes;

Copyright infringement 2. The NATURE of the copyrighted work;

• It is the doing by any person, without the 3. The AMOUNT and SUBSTANTIALITY of the
consent of the owner of the copyright, of portion used in relation to the copyrighted
anything the sole right to do which is work as a whole; and
conferred by statute on the owner of the
4. The EFFECT of the use upon the potential
copyright.
market for or value of the copyrighted
• INTENT is IMMATERIAL work.

• Copying must be SUBSTANTIAL

• Copying alone is not what is prohibited. The Acts constituting infringement:

copying must produce an “INJURIOUS
1. Directly commits an infringement
EFFECT”.
2. Benefits from the infringing activity of
• A copy of a piracy is an infringement of the
another person who commits an
original, and it is no defense that the pirate,
infringement if the person benefiting has
in such cases, did not know whether or not
been given notice of the infringing activity
he was infringing any copyright; he at least
and has the right and ability to control the
knew that what he was copying was not his,
activities of the other person;
and he copied at his peril (Habana v. Robles)
3. With knowledge of infringing activity,
induces, causes or materially contributes to
Doctrine of fair use the infringing conduct of another

• “FAIR USE” – permits a secondary use

that “serves the copyright objective of
stimulating productive thought and
public instruction without excessively
diminishing the incentives for
creativity”.
 COPYRIGHT PLAGIARISM BASIS PATENT TRADEMA COPYRI
INFRINGEMENT RK GHT
Unauthorized use of Presenting work or Intellect Any Any Literary
a copyrighted ideas from another ual technical visible and
material in a manner source as your own, rights solution sign artistic
that violates one of with or without of a capable of works
the copyright consent of the problem distinguis
owner’s exclusive original author, by in any hing the
right. incorporating it into field of goods
your work without human (trademar
full activity k) or
acknowledgement. which is services
new, (service
involves mark) of
When to file action for infringement? an an
• 4 YEARS from the time the cause of action inventive enterprise
step and must be
arose
is registered
industriall .
y
Remedies in case of copyright infringement: applicable
shall be
1. Injunction
Patentabl
2. Damages, including legal costs and other e. It may
expenses, as he may have incurred due to be, or
the infringement as well as the profits the may
infringer may have made due to such relate to,
a product,
infringement
or
3. Impounding during the pendency of the process,
action sales invoices and other documents or an
evidencing sales improvem
ent of any
4. Destruction without any compensation all of the
infringing copies foregoing.
Duratio 20 years 10 years It
5. Moral and Exemplary damages (IPC, Sec. n of from filing
and depends
216.1); or Protecti date of
renewabl on the
on applicatioe upon type of
6. Seizure and impounding of any article,
n expiiratio work
which may serve as evidence in the court
n
proceedings
Where Bureau of Bureau of Not
Register Patents, Trademar required
ed IPO ks, IPO but
optional
at the
National
Library
or IPO