COPYRIGHTS CODAL MADE BY ME

Moment of creation: Works are protected by the sole fact of their creation, irrespective of their mode or form of expression, as well as of their content, quality and purpose.

Basic Principles:

No protection shall extend to any 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;

news of the day and other miscellaneous facts having the character of mere items of press information; or any official text of a legislative, administrative or legal nature, as well as any official translation thereof.

Unprotected subject matter

The copyright is distinct from the property in the material object subject to it.

Consequently, the transfer or assignment of the copyright shall not itself constitute a transfer of the material object. Nor shall a transfer or assignment of the sole copy or of one or several copies of the work imply transfer or assignment of the copyright

Copyright and material object:

: the natural person who has created the work

Author

created by 2 or more natural persons at the initiative and under the direction of another with the understanding that it will be disclosed by the latter under his own name and that contributing natural persons will not be identified

Collective work

transfer of possession of the original or a copy of a work or sound recording for limited period, for non-profit purposes, by an institution the services of which are available to the public, such as public library or archive

Public lending

works, which with the consent of the authors, are made available to the public

Published works

transfer of possession of the original copy or a copy of a work or sound recording for a limited period of time, for profit-making purposes

Rental

an artistic creation with utilitarian functions or incorporated in a useful article, whether made by hand or produced on an industrial scale

Work of applied art:

right over literary and artistic works, which are original intellectual creations in the literary and artistic domain protected from the moment of creation

Copyright

Books, pamphlets, articles and other writings

Copyrightable works:

Periodicals and newspapers

Copyrightable works:

Lectures, sermons, addresses, dissertations prepared for oral delivery, whether or not reduced in writing or other material form

Copyrightable works:

Letters

Copyrightable works:

Dramatic or dramatico-musical compositions; choreographic works or entertainment in dumb shows

Copyrightable works:

Musical compositions, with or without words

Copyrightable works:

Works of drawing, painting, architecture, sculpture, engraving, lithography or other works or art; models or designs for works of ar

Copyrightable works:

Original ornamental designs or models for articles of manufacture, whether or not registrable as an industrial design, and other works of applied art

Copyrightable works:

Illustrations, maps, plans, sketches, charts and 3-dimensional works relative to geography, topography, architecture or science

Copyrightable works:

Drawings or plastic works of a scientific or technical character

Copyrightable works:

Photographic works including works produced by a process analogous to photography; lantern slide

Copyrightable works:

Audiovisual works and cinematographic works and works produced by a process analogous to cinematography or any process for making audiovisual recordings

Copyrightable works:

Pictorial illustrations and advertisements

Copyrightable works:

Computer programs

Copyrightable works:

Other literary, scholarly, scientific and artistic works

Copyrightable works:

Dramatizations, translations, adaptations, abridgments, arrangements and other alterations of literary or artistic work

Derivative works:

Collections of literary, scholarly or artistic works and compilations of data and other materials which are original by reason of the selection or coordination arrangement of their contents

Derivative works:

In addition to the right to publish granted by the author, his heirs, or assigns, the publisher shall have a copyright consisting merely of the right of reproduction of the typographical arrangement of the published edition of the work

Published Edition of Work:

Any 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

Non-copyrightable works

News of the day and other miscellaneous facts having the character of mere items of press information

Non-copyrightable works

Any official text of a legislative, administrative or legal nature, as well as any official translation thereof

Non-copyrightable works

Any work of the government of the Philippines

Non-copyrightable works

Economic rights

Rights of copyright owner

exclusive right to carry out, authorize or prevent:

Rights of copyright owner; Economic rights:

Reproduction of the work or substantial portion of the work

Economic rights

Dramatization, translation, adaptation, abridgment, arrangement or other transformation of the work

Economic rights

First public distribution of the original copy of the work

Economic rights

Rental of the original or a copy of an audiovisual or cinematographic work

Economic rights

Public display of the original or a copy of the work

Economic rights

Public performance of the work

Economic rights

Other communication to the public of the work

Economic rights

Require that the authorship of the works be attributed to him, in a prominent way on the copies, and with the public use of the work

Moral rights (Term: 50 years after author’s death; not assignable or subject to license)

Make any alterations of his work prior to or to withhold it from publication

Moral rights (Term: 50 years after author’s death; not assignable or subject to license)

Object to any distortion, mutilation or other modification of, or other derogatory action in relation to, his work which would be prejudicial to his honor or reputation

Moral rights (Term: 50 years after author’s death; not assignable or subject to license

Restrain the use of his name with respect to any work not if his own creation or in a distorted version of his work

Moral rights (Term: 50 years after author’s death; not assignable or subject to license)

TRUE

An author may waive his moral rights by a written instrument

except when the waiver permits another that would substantially tend to injure the literary or artistic reputation of another author or use the name of the author with respect to a work he did not create

An author may waive his moral rights by a written instrument

The person or persons to be charged with the posthumous enforcement of these rights shall be named in writing to be filed with the National Library.

In default of such person or persons, it shall devolve upon either the author’s heirs, and in default of the heirs, the Director of the National LibrarY

The right to publish granted by the author, his heirs or assigns

Publisher’s rights

The publisher shall have a copyright consisting merely of the right of reproduction of the typographical arrangement of the published edition of the work

If submitted to newspaper, magazine and the like, the right to publish once materials sent by a writer, a photographer, an artist to a periodical r newspaper publisher, but such writer or artist retains his copyright on the piece

Publisher’s rights

One creator: creator, his heirs or assigns owns copyright

Rules on ownership of copyright:

Joint creation: co-authors shall be the original owners of the copyright and in the absence of agreement their rights shall be governed by the rules on co-ownership

Rules on ownership of copyright:

the person commissioning owns the work; ownership of copyright remains with the creator, unless there is a stipulation to the contrary

Commissioned work

producer for purposes of exhibition; for all other purposes, the producer, the author of the scenario, the composer, the film director, the photographic director and the author of the work are the owners

Audiovisual work

unless the author is indisputably known, the publisher shall be presumed to be the representative of the author

Pseudonymous and anonymous works

employer, if the result of regular functions or duties but the employee owns it if it is not part of his duties

Employee’s work during course of employment

The recitation or performance of a work, once it has been lawfully made accessible to the public, if done privately and free of charge or if made strictly for a charitable or religious institution or society;

Limitations on Copyright: does not constitute infringement

The making of quotations from a published work if they are compatible with fair use and only to the extent justified for the purpose

Limitations on Copyright: does not constitute infringement

The reproduction or communication to the public by mass media of articles on current political, social, economic, scientific or religious topic, lectures, addresses and other works of the same nature, which are delivered in public if such use is for information purposes and has not been expressly reserved and the source is clearly indicated;

Limitations on Copyright: does not constitute infringement

The reproduction and communication to the public of literary, scientific, or artistic works as part of reports of current events by means of photography, cinematography, or broadcasting to the extent necessary for the purpose;

Limitations on Copyright: does not constitute infringement

The inclusion of a work in a publication, broadcast, or other communication to the public, sound recording or film, if such inclusion is made by way of illustration for teaching purposes and is compatible with fair use, and source and name of author are mentioned

Limitations on Copyright: does not constitute infringement

The recording made in schools, universities, or educational institutions of a work included in a broadcast for the use of such schools, universities, or educational institutions (such recording must be deleted within a reasonable period after first broadcast)

Limitations on Copyright: does not constitute infringement

The making of ephemeral recordings by a broadcast organization by means of its own facilities and for use in its own broadcast;

Limitations on Copyright: does not constitute infringement

The use made of a work by or under the direction or control of the Government, by the National Library or by educational, scientific, or professional institutions where such use is in the public interest and is compatible with fair use

Limitations on Copyright: does not constitute infringement

The public performance or the communication to the public of a work, in a place where no admission fee is charged in respect of such public performance or communication, by a club or institution for charitable or educational purpose only, whose aim is not profit making

Limitations on Copyright: does not constitute infringement

Public display of the original or a copy of the work not made by means of a film, slide, television image or otherwise on screen or by means of any other device or process

Limitations on Copyright: does not constitute infringement

Any use made if a work for the purpose of any judicial proceedings or for the giving of professional advice by a legal practitioner.

Limitations on Copyright: does not constitute infringement

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.

Doctrine of Fair Use

Purpose and the character of the use

Factors:

Nature of the copyrighted work

Factors

Amount and substantiality of the portions used

Factors

Effect of the use upon the potential market of the copyrighted work

Factors

includes the right to control the erection of any building which reproduces the whole or a substantial part of the work either in its original form or in any form recognizably derived from the original;

excludes the right to control the reconstruction or rehabilitation in the same style as the original of a building to which that copyright relates

Work of Architecture:

Published work; private reproduction in a single copy made by a natural person exclusively for research and private study, without the authorization of the owner of copyright, except:

a. Work of architecture;

b. Entire book or a substantial part thereof, or of a musical work in graphic form by reprographic means;

c. Compilation of data and other materials;

d. Computer program; and

e. Where reproduction would unreasonably conflict with a normal exploitation of the work or would otherwise unreasonably prejudice the legitimate interests of the author

Rules on Reproduction

By libraries: make a single copy of the work by reprographic reproduction, without the authorization of the author or copyright owner:

a. Where the work by reason of its fragile character or rarity cannot be lent to user in its original form;

b. Where the works are isolated articles in composite works or brief portions of other published works and the reproduction is necessary to supply them, when this is considered expedient, to persons requesting their loan for purposes of research or study instead of lending the volumes or booklets which contain them; and

c. Where the making of such copy is in order to preserve and, if necessary in the event that it is lost, destroyed, or rendered unusable, replace a copy, or to replace, in the permanent collection of another similar library or archive, a copy which has been lost, destroyed, or rendered unusable and copies are not available with the publisher

Rules on Reproduction:

Computer program: reproduction in one back-up copy or adaptation of a computer program, without authorization of the author, or other copyright owner

Rules on Reproduction

: permitted without the authorization of the author of or other copyright owner

When copies of the work are not available in the Philippines, and:

a. Not more than one copy at one time is imported for strictly individual use only; or

b. The importation is by authority of and for the use of the Philippine Government; or

c. The importation, consisting of not more than 3 such copies or likenesses in any one invoice, is not for sale but for use only of any religious, charitable, or educational society or institution duly incorporated or registered, or is for the encouragement of the fine arts, or for any state school, college, university, or free public library in the Philippines

Importation for Personal Purposes:

When such copies form parts of libraries and personal baggage belonging to persons or families arriving from foreign countries and are not intended for sale (should not exceed 3 copies)

Importation for Personal Purposes:

An author cannot be compelled to perform his contract to create a work or for the publication of his work already in existence. However, he may be held liable for damages for breach of such contract.

Breach of Contract

original work of painting or sculpture or of the original manuscript of a writer or composer, subsequent to the first disposition thereof by the author, the author or his heirs shall have an inalienable right to participate in the gross proceeds of the sale or lease to the extent of 5%

Sale or Lease of Work:

during the lifetime of the author and for 50 years after his death

Effectivity:

During the life of the author and for 50 years after his death

Original, derivative, and posthumous works

During the life of the last surviving author and for 50 years after his death

Works of joint authorship

50 years from the date on which the work was first lawfully published

Anonymous or pseudonymous works

50 years from the making of the work

If not published

25 tears from the date of making

Works of applied art

50 years from publication

Photographic works

50 years from making

If not published

50 years from publication

Audio-visual works

50 years from making

If not published

true

If the author of a literary work dies on July 1, 2017, the 50 year-term shall begin to run on January 1, 2018. Hence, the protection expires on December 31, 2067 and not June 30, 2067

The natural person whose name is indicated on a work in the usual manner as the author shall, in the absence of proof to the contrary, be presumed to be the author of the work. (applicable where the pseudonym leaves no doubt as to the identity of the author)

Presumption of Authorship

The person or body corporate whose name appears on an audio-visual work in the usual manner shall, in the absence of proof to the contrary, be presumed to be the maker of said work.

Presumption of Authorship

All copies deposited and instruments in writing filed with the National Library and the Supreme Court Library in accordance with RA8293 shall become the property of the Government.

Ownership of Deposit and Instruments

when there is piracy or substantial reproduction

Copyright Infringement:

Injunction to prevent infringement

Remedies

Remedies:

Action for damages which should be filed within 4 years

Criminal case

Remedies

Collective work

It refers to a work which has been created by 2 or more natural persons at the initiative and under the direction of another with the understanding that it will be disclosed by the latter under his own name and that contributing natural persons will not be identified