COPYRIGHT

Moral Rights
the moral rights of the author are the right of
attribution and the right to integrity of his work.
Moral Rights
Sec 193. Scope of Moral Rights

193.1. To require the authorship of the works be attributed to him, in

particular, the right that his name, as far as practicable be indicated in a
prominent way on the copies, in connection of his work;

193.2. To make alterations of his work prior to or to withhold it from publication;

193.3. To object to any distortion, mutilation or other modifications of, or

other derogatory action in relation to, his work which would be prejudicial to his
honor or reputation;

193.4 To restrain the use of his name with respect to any work not of his own
creation or in a distorted version of his work.
 Section 195. Waiver of Moral Rights. -

An author may waive his rights mentioned in Sec.193

Section 194. Breach of by a written instrument,
Contract.
but no such waiver shall be valid where its effects is to
permit another:
An author cannot be compelled to
perform his contract to create a work 195.1. To use the name of the author, or the title of his
work, or otherwise to make use of his reputation with
or for the publication of his work
respect to any version or adaptation of his work which,
already in existence. However, he because of alterations therein, would substantially
may be held liable for damages for tend to injure the literary or artistic reputation of
breach of such contract. another author; or

195.2. To use the name of the author with respect

to a work he did not create.
 Section 197. Editing, Arranging and Adaptation
of Work. –
Section 196. Contribution to
Collective Work. – In the absence of a contrary stipulation at the time an
author licenses or permits another to use his work,
When an author contributes to a the necessary editing, arranging or adaptation of such
work, for publication, broadcast, use in a motion picture,
collective work, his right to have his
dramatization, or mechanical or electrical reproduction in
contribution attributed to him is accordance with the reasonable and customary standards
deemed waived UNLESS he or requirements of the medium in which the work is to be
expressly reserves it. used, shall not be deemed to contravene the author's
rights secured by this chapter. Nor shall complete
destruction of a work unconditionally transferred by the
author be deemed to violate such rights
Sec 197. Terms of Moral Rights:

Sec 193. Scope of Moral Rights

193.1. SHALL LAST DURING THE LIFETIME OF 193.1. To require the authorship of the works be
THE AUTHOR AND IN PERPETUITY AFTER HIS attributed to him…
DEATH
193.2. To make alterations of his work prior to or to
withhold it from publication;

193.3. To object to any distortion, mutilation or

other modifications of, or other derogatory action in
193.2, 193.3, 193.4: relation to, his work which would be prejudicial to his
SHALL BE COTERMINOUS WITH THE honor or reputation;
ECONOMIC RIGHTS
193.4 To restrain the use of his name with respect
to any work not of his own creation or in a distorted
version of his work.
 Can the rights of
creators or authors
be assigned?
Yes.
The rights of a
creator or author can
be assigned.
 Assignabilit
SEC. 180. Rights of Assignee or Licensee. –
y
180.1. The copyright may be assigned or licensed in whole or in part. Within the scope of the assignment or
license, the assignee or licensee is entitled to all the rights and remedies which the assignor or licensor
had with respect to the copyright.

180.2. The copyright is not deemed assigned or licensed inter vivos, in whole or in part, unless there is a
written indication of such intention.

180.3. The submission of a literary, photographic or artistic work to a newspaper, magazine or periodical for
publication shall constitute only a license to make a single publication unless a greater right is
expressly granted. If two (2) or more persons jointly own a copyright or any part thereof, neither of the
owners shall be entitled to grant licenses without the prior written consent of the other owner or owners.

180.4. Any exclusivity in the economic rights in a work may be exclusively licensed. Within the scope of the
exclusive license, the licensee is entitled to all the rights and remedies which the licensor had with respect to
the copyright.

180.5. The copyright owner has the right to regular statements of accounts from the assignee or the
licensee with regard to assigned or licensed work.
 Assignabilit
y
Section 181. Copyright and Material Object. - 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.

Section 182. Filing of Assignment or License. - An assignment or exclusive license may be

filed in duplicate with the National Library upon payment of the prescribed fee for registration
in books and records kept for the purpose. Upon recording, a copy of the instrument shall be
returned to the sender with a notation of the fact of record. Notice of the record shall be
published in the IPO Gazette.

Section 183. Designation of Society. - The copyright owners or their heirs may designate a
society of artists, writers or composers to enforce their economic rights and moral rights on
their behalf.
“doctrine of exhaustion or
first sale”
This exclusive right of the author or creator over the
product is exhausted after the first authorized sale.

After the first authorized sale, the purchaser may

thereafter use and resell the product.
Neighboring rights consist of rights of publishers, performers, and broadcasting organizations.
These are “rights neighboring to copyright”

BROADCASTING COMPANIES
Broadcasting organizations shall enjoy the right to authorize and prohibit:

a) The rebroadcasting of their broadcast;

b) The fixation of their broadcast;
c) The reproduction
d) The communication to the public of their televisions broadcast if such communication is made
in places accessible to the public against payment of an entrance fee; it shall be a matter of
domestic law of the state where the protection of this right is claimed to determine the
conditions under which it may be exercised

Fixation: Fixation is the process of creating a permanent copy of something so that it can be protected by copyright law. This
happens when something is recorded or written down, like when a TV show is recorded on a tape. This makes sure that the original
work is protected and cannot be copied without permission.
BROADCASTING
Broadcasting: the transmission by wireless means for the public reception of sounds or images
or of representations thereof.

Rebroadcasting: the simultaneous broadcasting by one broadcasting organization of the

broadcast of another broadcasting organization.
Neighboring rights consist of rights of publishers, performers, and broadcasting organizations.
These are “rights neighboring to copyright”

PUBLISHERS
The rights of publishers are as follows:

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

2. A copyright consisting merely of the right of reproduction of the typographical
arrangement of the published edition of the work;
3. If the work is submitted to newspaper, magazine and the like, the right to
publish once materials are sent by a writer, a photographer, an artist to a
periodical or newspaper publisher, but such writer or artist retains his copyright
on the piece.
 Neighboring rights consist of rights of publishers, performers, and broadcasting organizations.
These are “rights neighboring to copyright”

PERFORMERS
Performers shall enjoy the following exclusive rights:

1. As regards their performance, the right of authorizing (1) the broadcasting, and (2) the fixation of
their unfixed performance;

2. The right of authorizing the direct or indirect reproduction of their performances fixed in sound
recordings or audiovisual works or fixations in any manner or form;

3. …the right to authorize the first public distribution of the original copies of their performance fixed in
sound recordings or audiovisual works or fixations through sale or rental, or other forms of transfer of
ownership;

4. The right of authorizing the commercial rental to the public of the original and copies of their
performance…

5. The right of authorizing the making available to the public of their performance… by wire or wireless
means
Neighboring rights consist of rights of publishers, performers, and broadcasting organizations.
These are “rights neighboring to copyright”

PRODUCERS OF SOUND RECORDINGS

The producers of sound recordings shall enjoy the following exclusive rights:
1. The right to authorize the direct and indirect reproduction of their sound recordings, in any manner
and form, the placing of these reproductions in the markets and the right of rental and lending;

2. The right to authorize the first public distribution of the original and copies of their sound recordings
through the sale or rental or other forms of transferring ownership;

3. The right to authorize the commercial rental to the public even after distributing them…

4. The right to authorize the making available to the public their sound recordings in such a way that the
public may access the sound recordings from the place and at the time individually chosen or selected by
them.
Limitation on Copyrights
Section 184. Limitations on Copyright. - 184.1. Notwithstanding the provisions of Chapter V, the
following acts shall not constitute infringement of copyright:

(a) 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;

(b) The making of quotations from a published work if they are compatible with fair use and only to the
extent justified for the purpose, including quotations from newspaper articles and periodicals in the
form of press summaries: Provided, That the source and the name of the author, if appearing on the
work, are mentioned;

(c) 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: Provided, That the source is clearly indicated;

(d) 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;
Limitation on Copyrights
(e) 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: Provided, That the source and of the name of the author, if appearing in the
work, are mentioned;

(f) 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: Provided, That such
recording must be deleted within a reasonable period after they were first broadcast: Provided, further,
That such recording may not be made from audiovisual works which are part of the general cinema
repertoire of feature films except for brief excerpts of the work;

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

(h) 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;
Limitation on Copyrights
(i) 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, subject to such
other limitations as may be provided in the Regulations; (n)

(j) 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: Provided, That either the
work has been published, or, that the original or the copy displayed has been sold, given away or
otherwise transferred to another person by the author or his successor in title; and

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

(l)The reproduction or distribution of published articles or materials in a specialized format exclusively

for the use of blind, visually, and reading-impaired persons; provided that such copies and
distribution shall be made on a nonprofit basis and shall indicate the copyright owner and the date of
the original publication.
Section 186. Work of Architecture. –

Copyright in a work of architecture shall include 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: Provided,
That the copyright in any such work shall not include the right to control the
reconstruction or rehabilitation in the same style as the original of a building
to which that copyright relates.
Section 187. Reproduction of Published Work
187.1. Notwithstanding the provision of Section 177, and subject to the provisions of Subsection 187.2,
the private reproduction of a published work in a single copy, where the reproduction is made by a
natural person exclusively for research and private study, shall be permitted, without the
authorization of the owner of copyright in the work.

187.2. The permission granted under Subsection 187.1 shall not extend to the reproduction of:
(a) A work of architecture in the form of building or other construction;
(b) An entire book, or a substantial part thereof, or of a musical work in graphic form by
reprographic means;
(c) A compilation of data and other materials;
(d) A computer program except as provided in Section 189; and
(e) Any work in cases where reproduction would unreasonably conflict with a normal exploitation of
the work or would otherwise unreasonably prejudice the legitimate interests of the author.
Section 188. Reprographic Reproduction by Libraries. -

Any library or archive whose activities are not for profit may, without the authorization of the
author of copyright owner, make a single copy of the work by reprographic reproduction:

(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 contained 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 a 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.
Section 189. Reproduction of Computer Program. -

The reproduction in one (1) back-up copy or adaptation of a computer program shall be
permitted, without the authorization of the author of, or other owner of copyright in, a computer
program, by the lawful owner of that computer program: Provided, That the copy or adaptation is
necessary for:

(a) The use of the computer program in conjunction with a computer for the purpose, and to
the extent, for which the computer program has been obtained; and

(b) Archival purposes, and, for the replacement of the lawfully owned copy of the computer
program in the event that the lawfully obtained copy of the computer program is lost,
destroyed or rendered unusable.

SEC. 190. Importation and Exportation of Infringing Materials. - Subject to the approval of the Secretary
of Finance, the Commissioner of Customs is hereby empowered to make rules and regulations for
preventing the importation or exportation of infringing articles prohibited under Part IV of this Act and
under relevant treaties and conventions to which the Philippines may be a party and for seizing and
condemning and disposing of the same in case they are discovered after they have been imported or
before they are exported
 FAIR USE
Fair use is the privilege to use the copyrighted material in a reasonable manner
without the consent of the copyright owner.

SEC. 185. Fair Use of a Copyrighted Work. –

The fair use of a copyrighted work for criticism, comment, news reporting, teaching
including limited number of copies for classroom use, scholarship, research, and similar
purposes is not an infringement of copyright.
 FAIR USE
Factors:

1. Purpose and character of use: criticism, comment, news reporting,

teaching, multiple copies for classroom use, scholarship, research, etc.

2. Nature of the copyrighted work: if it is more factual than creative, then fair
use will be more of the user.

3. The amount and substantiality of the portion used in relation to the

copyrighted work as a whole.

4. The effect of the use upon the potential market for or value of the
copyrighted work: would the use have a negative impact on the copyright
work’s market, then the use is deemed unfair.
INFRINGEMENT
There is infringement of copyright when:
• there is piracy or substantial reproduction;
• so much is taken that the value of the original work is substantially diminished; or
• the labors of the original author are substantially and to a injurious extent, appropriated
by another.

SEC. 216. Infringement. – Any person infringes a right protected when one:

a) Directly commits an infringement;

b) Benefits from the infringing activity of another person who commits an infringement if
the person benefiting has been given notice of the infringing activity and has the right
and ability to control the activities of the other person;
c) With knowledge of infringing activity, induces, causes or materially contributes to the
infringing conduct of another
REMEDIES FOR INFRINGEMENT
Remedies for Infringement – Any person infringing a right protected under this law shall be liable:
(a) To an injunction restraining such infringement;
(b) To pay;
(c) To deliver for impounding, during pendency of the action, sales invoices, documents
evidencing sale, their packaging alleged to infringe a copyright;
(d) Deliver under oath for destruction without compensation, all infringing copies and devises, etc.
(e) Such other terms and conditions, including the payment of moral and exemplary damages,
which the court may deem proper

• Injunction to prevent infringement

• Action for Damages
• Criminal Complaint
The Court states that for the claim of copyright infringement to prevail, the
evidence must demonstrate:

1. Ownership of a validly copyrighted material by the complainant; and

2. Infringement of the copyright by the respondent.
 Filipino Society of Composers, Authors and Publishers, Inc v. Anrey, Inc.

Whether the act of playing radio broadcasts which includes copyrighted music in restaurants can be
considered as public performance, and consequently, copyright infringement.

The Supreme Court ordered the restaurant to pay temperate damages in the amount of PhP10,000.00
and attorney's fees and ruled that the act of playing radio broadcasts containing sound recordings
through the use of loudspeakers amounts to an unauthorized communication of such copyrighted music
to the public, thus, violates the public performance rights of the author or creator or their assignees. A
restaurant infringes on the public performance right when it plays music by means of radio-over-
loudspeakers. The Court ruled that the unauthorized transmission of the radio broadcast, which plays
copyrighted music, for commercial purposes cannot be treated as fair use. The playing of copyrighted
music by means of radio-over-loudspeakers in a commercial setting is not analogous to fair use that
would exempt the restaurant from copyright infringement.

The free use by commercial establishments of radio broadcast is beyond normal exploitation of the
copyright holder’s creative work. Instead of paying royalties, they use free radio reception.