PART IV
THE LAW ON COPYRIGHT
Chapter I
PRELIMINARY
PROVISIONS
Sec. 171. Definitions.
- For the purpose of this Act, the following terms have the following
meaning:
171.1. "Author"
is the natural person who has created the work;
171.2. A
"collective
work" is a work which has been created by two (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;
171.3. "Communication
to the public" or "communicate to the public" means the
making
of a work available to the public by wire or wireless means in such a
way
that members of the public may access these works from a place and time
individually chosen by them;
171.4. A "computer"
is an electronic or similar device having information-processing
capabilities,
and a "computer program" is a set of instructions expressed in words,
codes,
schemes or in any other form, which is capable when incorporated in a
medium
that the computer can read, or causing the computer to perform or
achieve
a particular task or result;
171.5. "Public
lending"
is the transfer of possession of the original or a copy of
a work or sound recording for a limited period, for non-profit
purposes,
by an institution the services of which are available to the public,
such
as public library or archive;
171.6. "Public
performance," in the case of a work other than an audiovisual work,
is the recitation, playing, dancing, acting or otherwise performing the
work, either directly or by means of any device or process; in the case
of an audiovisual work, the showing of its images in sequence and the
making
of the sounds accompanying it audible; and, in the case of a sound
recording,
making the recorded sounds audible at a place or at places where
persons
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 different
places and/or at different times, and where the performance can be
perceived
without the need for communication within the meaning of Subsection
171.3;
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 a place and time individually
chosen by them: Provided, That availability of such copies has
been
such, as to satisfy the reasonable requirements of the public, having
regard
to the nature of the work;
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;
171.9. "Reproduction"
is
the making of one (1) or more copies of a work or a sound recording in
any manner or form
(Sec. 41 [E], P.D. No. 49a);
171.10. A "work
of applied art" is an artistic creation with utilitarian functions
or incorporated in a useful article, whether made by hand or produced
on
an industrial scale;
171.11. A "work
of the Government of the Philippines" is a work created by an
officer
or employee of the Philippine Government or any of its subdivisions and
instrumentalities, including government-owned or controlled
corporations
as part of his regularly prescribed official duties.
CHAPTER II
ORIGINAL WORKS
Sec. 172. Literary
and Artistic Works. -
172.1 Literary and
artistic works, hereinafter referred to as "works", are original
intellectual creations in the literary and artistic domain protected
from
the moment of their creation and shall include in particular:
(a) Books,
pamphlets,
articles and other writings;
(b) Periodicals
and newspapers;
(c) Lectures,
sermons,
addresses, dissertations prepared for oral delivery, whether or not
reduced
in writing or other material form;
(e) Dramatic or
dramatico-musical compositions; choreographic works or entertainment in
dumb shows;
(f) Musical
compositions,
with
or without words;
(g) Works of
drawing,
painting, architecture, sculpture, engraving, lithography or other
works
of art; models or designs for works of art;
(h) Original
ornamental
designs or models for articles of manufacture, whether or not
registrable
as an industrial design, and other works of applied art;
(i)
Illustrations,
maps, plans, sketches, charts and three-dimensional works relative to
geography,
topography, architecture or science;
(j) Drawings or
plastic works of a scientific or technical character;
(k) Photographic
works including works produced by a process analogous to photography;
lantern
slides;
(l) Audiovisual
works and cinematographic works and works produced by a process
analogous
to cinematography or any process for making audio-visual recordings;
(m) Pictorial
illustrations
and advertisements;
(n) Computer
programs;
and
(o) Other
literary,
scholarly, scientific and artistic works.
172.2. 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.
(Sec. 2, P. D. No. 49a)
Chapter III
DERIVATIVE WORKS
Sec. 173. Derivative
Works. -
173.1. The
following
derivative works shall also be protected by copyright:
(a)
Dramatizations,
translations, adaptations, abridgments, arrangements, and other
alterations
of literary or artistic works; and
(b) Collections
of literary, scholarly or artistic works, and compilations of data and
other materials which are original by reason of the selection or
coordination
or arrangement of their contents. (Sec. 2, [P] and
[Q],
P. D. No. 49)
173.2. The works
referred to in paragraphs (a) and (b) of Subsection 173.1 shall be
protected
as a new works: Provided however, That such new work shall not affect
the
force of any subsisting copyright upon the original works employed or
any
part thereof, or be construed to imply any right to such use of the
original
works, or to secure or extend copyright in such original works.
(Sec. 8, P. D. 49; Art. 10, TRIPS)
Sec. 174. Published
Edition of Work. - In addition to the
right to publish granted by the author, his heirs or assigns, the
publisher
shall have a copy right consisting merely of the right of reproduction
of the typographical arrangement of the published edition of the work.
(n)
Chapter IV
WORKS NOT PROTECTED
Sec. 175. Unprotected
Subject Matter. - Notwithstanding the
provisions of Sections 172 and 173, no protection shall extend, under
this
law, 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.
(n)
Sec. 176. Works
of the Government. -
176.1. No
copyright
shall subsist in any work of the Government of the Philippines.
However,
prior approval of the government agency or office wherein the work is
created
shall be necessary for exploitation of such work for profit. Such
agency
or office may, among other things, impose as a condition the payment of
royalties. No prior approval or conditions shall be required for the
use
of any purpose of statutes, rules and regulations, and speeches,
lectures,
sermons, addresses, and dissertations, pronounced, read or rendered in
courts of justice, before administrative agencies, in deliberative
assemblies
and in meetings of public character. (Sec. 9,
First Par.,
P. D. No. 49)
176.2. The Author
of speeches, lectures, sermons, addresses, and dissertations mentioned
in the preceding paragraphs shall have the exclusive right of making a
collection of his works. (n)
176.3.
Notwithstanding
the foregoing provisions, the Government is not precluded from
receiving
and holding copyrights transferred to it by assignment, bequest or
otherwise;
nor shall publication or republication by the government in a public
document
of any work in which copy right is subsisting be taken to cause any
abridgment
or annulment of the copyright or to authorize any use or appropriation
of such work without the consent of the copyright owners. (Sec.
9, Third Par., P. D. No. 49)
CHAPTER V
COPYRIGHT OR
ECONOMIC
RIGHTS
Sec. 177.
Copy or Economic Rights. - Subject
to the provisions of Chapter VIII, copyright or economic rights shall
consist
of the exclusive right to carry out, authorize or prevent the following
acts:
177.1.
Reproduction
of the work or substantial portion of the work;
177.2
Dramatization,
translation, adaptation, abridgment, arrangement or other
transformation
of the work;
177.3. The first
public distribution of the original and each copy of the work by sale
or
other forms of transfer of ownership;
177.4. Rental of
the original or a copy of an audiovisual or cinematographic work, a
work
embodied in a sound recording, a computer program, a compilation of
data
and other materials or a musical work in graphic form, irrespective of
the ownership of the original or the copy which is the subject of the
rental;
(n)
177.5. Public
display
of the original or a copy of the work;
177.6. Public
performance
of the work; and
177.7. Other
communication
to the public of the work (Sec. 5, P. D. No. 49a)
CHAPTER VI
OWNERSHIP OF
COPYRIGHT
Sec.
178. Rules on Copyright Ownership.
- Copyright ownership shall be governed by the following rules:
178.1. Subject to
the provisions of this section, in the case of original literary and
artistic
works, copyright shall belong to the author of the work;
178.2. In the case
of works of joint authorship, the 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. If, however, a work of joint
authorship
consists of parts that can be used separately and the author of each
part
can be identified, the author of each part shall be the original owner
of the copyright in the part that he has created;
178.3. In the case
of work created by an author during and in the course of his
employment,
the copyright shall belong to:
(a) The
employee,
if the creation of the object of copyright is not a part of his regular
duties even if the employee uses the time, facilities and materials of
the employer.
(b) The
employer,
if the work is the result of the performance of his regularly-assigned
duties, unless there is an agreement, express or implied, to the
contrary.
178.4. In the case
of a work-commissioned by a person other than an employer of the author
and who pays for it and the work is made in pursuance of the
commission,
the person who so commissioned the work shall have ownership of work,
but
the copyright thereto shall remain with the creator, unless there is a
written stipulation to the contrary;
178.5. In the case
of audiovisual work, the copyright shall belong to the producer, the
author
of the scenario, the composer of the music, the film director, and the
author of the work so adapted. However, subject to contrary or other
stipulations
among the creators, the producers shall exercise the copyright to an
extent
required for the exhibition of the work in any manner, except for the
right
to collect performing license fees for the performance of musical
compositions,
with or without words, which are incorporated into the work; and
178.6. In respect
of letters, the copyright shall belong to the writer subject to the
provisions
of Article 723 of the Civil Code. (Sec. 6, P. D.
No.
49a)
Sec. 179. Anonymous
and Pseudonymous Works. - For purposes
of this Act, the publishers shall be deemed to represent the authors of
articles and other writings published without the names of the authors
or under pseudonyms, unless the contrary appears, or the pseudonyms or
adopted name leaves no doubts as to the author’s identity, or if the
author
of the anonymous works discloses his identity.
(Sec. 7, P. D. 49)
CHAPTER VII
TRANSFER OR
ASSIGNMENT
OF COPYRIGHT
Sec.
180. Rights of Assignee. -
180.1. The
copyright
may be assigned in whole or in part. Within the scope of the
assignment,
the assignee is entitled to all the rights and remedies which the
assignor
had with respect to the copyright.
180.2. The
copyright
is not deemed assigned 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. (Sec. 15, P. D. No.
49a)
Sec. 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.
(Sec. 16, P. D. No. 49)
Sec. 182. Filing
of Assignment of 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.
(Sec. 19, P. D. No. 49a)
Sec. 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.
(Sec. 32, P. D. No. 49a)
CHAPTER VIII
LIMITATIONS ON
COPYRIGHT
Sec. 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; (Sec.
10(1), P. D. No. 49)
(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;
(Sec. 11, Third Par., P. D. No. 49)
(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;
(Sec. 11, P. D. No. 49)
(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; (Sec.
12, P. D. No. 49)
(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;
(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
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.
184.2. The
provisions
of this section shall be interpreted in such a way as to allow the work
to be used in a manner which does not conflict with the normal
exploitation
of the work and does not unreasonably prejudice the right holder's
legitimate
interest.
Sec. 185. Fair Use
of a Copyrighted Work. -
185.1. The fair
use of a copyrighted work for criticism, comment, news reporting,
teaching
including multiple copies for classroom use, scholarship, research, and
similar purposes is not an infringement of copyright. Decompilation,
which
is understood here to be the reproduction of the code and translation
of
the forms of the computer program to achieve the inter-operability of
an
independently created computer program with other programs may also
constitute
fair use. In determining whether the use made of a work in any
particular
case is fair use, the factors to be considered shall include:
(a) The purpose
and character of the use, including whether such use is of a commercial
nature or is for non-profit education purposes;
(b) The nature
of
the copyrighted work;
(c) The amount
and
substantiality of the portion used in relation to the copyrighted work
as a whole; and
(d) The effect
of
the use upon the potential market for or value of the copyrighted work.
185.2 The fact
that
a work is unpublished shall not by itself bar a finding of fair use if
such finding is made upon consideration of all the above factors.
Sec. 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 the copyright relates.
(n)
Sec. 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 form of building or other construction;
(b) An entire
book,
or a substantial past thereof, or of a musical work in which graphics
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. (n)
Sec. 188. Reprographic
Reproduction by Libraries. -
188.1.
Notwithstanding
the provisions of Subsection 177.6, 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 person 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.
188.2.
Notwithstanding
the above provisions, it shall not be permissible to produce a volume
of
a work published in several volumes or to produce missing tomes or
pages
of magazines or similar works, unless the volume, tome or part is out
of
stock; Provided, That every library which, by law, is entitled to
receive
copies of a printed work, shall be entitled, when special reasons so
require,
to reproduce a copy of a published work which is considered necessary
for
the collection of the library but which is out of stock. (Sec.
13, P. D. 49a)
Sec. 189. Reproduction
of Computer Program. -
189.1.
Notwithstanding
the provisions of Section 177, 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.
189.2. No copy or
adaptation mentioned in this Section shall be used for any purpose
other
than the ones determined in this Section, and any such copy or
adaptation
shall be destroyed in the event that continued possession of the copy
of
the computer program ceases to be lawful.
189.3. This
provision
shall be without prejudice to the application of Section 185 whenever
appropriate.
(n)
Sec. 190. Importation
for Personal Purposes. -
190.1.
Notwithstanding
the provision of Subsection 177.6, but subject to the limitation under
the Subsection 185.2, the importation of a copy of a work by an
individual
for his personal purposes shall be permitted without the authorization
of the author of, or other owner of copyright in, the work under the
following
circumstances:
(a) When copies
of the work are not available in the Philippines and:
(i) Not more
than
one (1) copy at one time is imported for strictly individual use only;
or (ii) The importation is by authority of and for the use of the
Philippine
Government; or
(iii) The
importation,
consisting of not more than three (3) such copies or likenesses in any
one invoice, is not for sale but for the 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.
(b) 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:
Provided,
That such copies do not exceed three (3).
190.2. Copies
imported
as allowed by this Section may not lawfully be used in any way to
violate
the rights of owner the copyright or annul or limit the protection
secured
by this Act, and such unlawful use shall be deemed an infringement and
shall be punishable as such without prejudice to the proprietor’s right
of action.
190.3. 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
of articles the importation of which is prohibited under this Section
and
under 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. (Sec.
30, P.
D. No. 49)
CHAPTER IX
DEPOSIT AND NOTICE
Sec.
191. Registration and Deposit with National Library and the Supreme
Court Library.- After the first
public
dissemination of performance by authority of the copyright owner of a
work
falling under Subsections 172.1, 172.2 and 172.3 of this Act, there
shall,
for the purpose of completing the records of the National Library and
the
Supreme Court Library, within three (3) weeks, be registered and
deposited
with it, by personal delivery or by registered mail, two (2) complete
copies
or reproductions of the work in such form as the directors of said
libraries
may prescribe. A certificate of deposit shall be issued for which the
prescribed
fee shall be collected and the copyright owner shall be exempt from
making
additional deposit of the works with the National Library and the
Supreme
Court Library under other laws. If, within three (3) weeks after
receipt
by the copyright owner of a written demand from the directors for such
deposit, the required copies or reproductions are not delivered and the
fee is not paid, the copyright owner shall be liable to pay a fine
equivalent
to the required fee per month of delay and to pay to the National
Library
and the Supreme Court Library the amount of the retail price of the
best
edition of the work. Only the above mentioned classes of work shall be
accepted for deposit by the National Library and the Supreme Court
Library.
(Sec.
26, P. D. No. 49a)
Sec. 192. Notice
of Copyright. - Each copy of a work
published
or offered for sale may contain a notice bearing the name of the
copyright
owner, and the year of its first publication, and, in copies produced
after
the creator’s death, the year of such death.
(Sec. 27, P. D. No. 49a)
Chapter X
MORAL RIGHTS
Sec. 193. Scope
of Moral Rights. - The author of a
work
shall, independently of the economic rights in Section 177 or the grant
of an assignment or license with respect to such right, have the right:
193.1. To require
that the authorship of the works be attributed to him, in particular,
the
right that his name, as far as practicable, be indicated in a prominent
way on the copies, and in connection with the public use of his work;
193.2. To make any
alterations of his work prior to, or to withhold it from publication;
193.3. To 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; and
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. (Sec. 34, P.
D. No.
49)
Sec. 194. Breach
of Contract. - 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. (Sec.
35, P. D. No. 49)
Sec. 195. Waiver
of Moral Rights. - An author may waive
his rights mentioned in Section 193 by a written instrument, but no
such
waiver shall be valid where its effects is to permit another:
195.1. To use the
name of the author, or the title of his work, or otherwise to make use
of his reputation with respect to any version or adaptation of his work
which, because of alterations therein, would substantially tend to
injure
the literary or artistic reputation of another author; or
195.2. To use the
name of the author with respect to a work he did not create.
(Sec. 36, P. D. No. 49)
Sec. 196. Contribution
to Collective Work. - When an author
contributes
to a collective work, his right to have his contribution attributed to
him is deemed waived unless he expressly reserves it.
(Sec. 37. P. D. No. 49)
Sec. 197. Editing,
Arranging and Adaptation of Work. -
In
the absence of a contrary stipulation at the time an author licenses or
permits another to use his work, the necessary editing, arranging or
adaptation
of such work, for publication, broadcast, use in a motion picture,
dramatization,
or mechanical or electrical reproduction in accordance with the
reasonable
and customary standards or requirements of the medium in which the work
is to be 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. 38, P. D. No. 49)
Sec. 198. Term
of Moral Rights. -
198.1. The rights
of an author under this chapter shall last during the lifetime of the
author
and for fifty (50) years after his death and shall not be assignable or
subject to license. 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, such
enforcement
shall devolve upon either the author's heirs, and in default of the
heirs,
the Director of the National Library.
198.2. For
purposes
of this Section, "Person" shall mean any individual,
partnership,
corporation, association, or society. The Director of the National
Library
may prescribe reasonable fees to be charged for his services in the
application
of provisions of this Section.
(Sec. 39, P. D. No. 49)
Sec. 199. Enforcement
Remedies. - Violation of any of the
rights
conferred by this Chapter shall entitle those charged with their
enforcement
to the same rights and remedies available to a copyright owner. In
addition,
damages which may be availed of under the Civil Code may also be
recovered.
Any damage recovered after the creator's death shall be held in trust
for
and remitted to his heirs, and in default of the heirs, shall belong to
the government.
(Sec. 40, P. D. No. 49)
Chapter XI
RIGHTS TO PROCEEDS
IN SUBSEQUENT TRANSFERS
Sec.
200. Sale or Lease of Work. - In
every
sale or lease of an 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 five percent (5%). This right shall exist during the lifetime
of the author and for fifty (50) years after his death. (Sec.
31, P. D. No. 49)
Sec. 201. Works
Not Covered. - The provisions of this
Chapter shall not apply to prints, etchings, engravings, works of
applied
art, or works of similar kind wherein the author primarily derives gain
from the proceeds of reproductions.
(Sec. 33, P. D. No. 49)
Chapter XII
RIGHTS OF
PERFORMERS,
PRODUCERS OF SOUNDS
RECORDINGS AND
BROADCASTING
ORGANIZATIONS
Sec. 202. Definitions.-
For the purpose of this Act, the following terms shall have the
following
meanings:
202.1.
"Performers"
are actors, singers, musicians, dancers, and other persons who act,
sing,
declaim, play in, interpret, or otherwise perform literary and artistic
work;
202.2. "Sound
recording" means the fixation of the sounds of a performance or of
other sounds, or representation of sound, other than in the form of a
fixation
incorporated in a cinematographic or other audiovisual work;
202.3. An "audiovisual
work or fixation" is a work that consists of a series of related
images
which impart the impression of motion, with or without accompanying
sounds,
susceptible of being made visible and, where accompanied by sounds,
susceptible
of being made audible;
202.4. "Fixation"
means
the embodiment of sounds, or of the representations thereof, from which
they can be perceived, reproduced or communicated through a device;
202.5. "Producer
of a sound recording" means the person, or the legal entity, who
or
which takes the initiative and has the responsibility for the first
fixation
of the sounds of a performance or other sounds, or the representation
of
sounds;
202.6. "Publication
of a fixed performance or a sound recording" means the offering of
copies of the fixed performance or the sound recording to the public,
with
the consent of the right holder: Provided, That copies are
offered
to the public in reasonable quality;
202.7.
"Broadcasting"
means
the transmission by wireless means for the public reception of sounds
or
of images or of representations thereof; such transmission by satellite
is also "broadcasting" where the means for decrypting are
provided
to the public by the broadcasting organization or with its consent;
202.8. "Broadcasting
organization" shall include a natural person or a juridical entity
duly authorized to engage in broadcasting; and
202.9. "Communication
to the public of a performance or a sound recording" means the
transmission
to the public, by any medium, otherwise than by broadcasting, of sounds
of a performance or the representations of sounds fixed in a sound
recording.
For purposes of Section 209, "communication to the public"
includes
making the sounds or representations of sounds fixed in a sound
recording
audible to the public.
Sec. 203. Scope of
Performers' Rights. - Subject to the
provisions
of Section 212, performers shall enjoy the following exclusive rights:
203.1. As regards
their performances, the right of authorizing:
(a) The
broadcasting
and other communication to the public of their performance; and
(b) The fixation
of their unfixed performance.
203.2. The right
of authorizing the direct or indirect reproduction of their
performances
fixed in sound recordings, in any manner or form;
203.3. Subject to
the provisions of Section 206, the right of authorizing the first
public
distribution of the original and copies of their performance fixed in
the
sound recording through sale or rental or other forms of transfer of
ownership;
203.4. The right
of authorizing the commercial rental to the public of the original and
copies of their performances fixed in sound recordings, even after
distribution
of them by, or pursuant to the authorization by the performer; and
203.5. The right
of authorizing the making available to the public of their performances
fixed in sound recordings, by wire or wireless means, in such a way
that
members of the public may access them from a place and time
individually
chosen by them. (Sec. 42, P. D. No. 49a)
Sec. 204. Moral Rights
of Performers. -
204.1.
Independently
of a performer's economic rights, the performer, shall, as regards his
live aural performances or performances fixed in sound recordings, have
the right to claim to be identified as the performer of his
performances,
except where the omission is dictated by the manner of the use of the
performance,
and to object to any distortion, mutilation or other modification of
his
performances that would be prejudicial to his reputation.
204.2. The rights
granted to a performer in accordance with Subsection 203.1 shall be
maintained
and exercised fifty (50) years after his death, by his heirs, and in
default
of heirs, the government, where protection is claimed. (Sec.
43, P. D. no. 49)
Sec. 205. Limitation
on Right.-
205.1. Subject to
the provisions of Section 206, once the performer has authorized the
broadcasting
or fixation of his performance, the provisions of Sections 203 shall
have
no further application.
205.2. The
provisions
of Section 184 and Section 185 shall apply mutatis mutandis to
performers.
(n)
Sec. 206. Additional
Remuneration for Subsequent Communications or Broadcasts. -
Unless otherwise provided in the contract, in every communication to
the
public or broadcast of a performance subsequent to the first
communication
or broadcast thereof by the broadcasting organization, the performer
shall
be entitled to an additional remuneration equivalent to at least five
percent
(5%) of the original compensation he or she received for the first
communication
or broadcast.
(n)
Sec. 207. Contract
Terms. - Nothing in this Chapter
shall
be construed to deprive performers of the right to agree by contracts
on
terms and conditions more favorable for them in respect of any use of
their
performance.
(n)
Chapter XIII
PRODUCERS OF SOUND
RECORDINGS
Sec. 208. Scope
of Right. - Subject to the provisions
of Section 212, producers of sound recordings shall enjoy the following
exclusive rights:
208.1. The right
to authorize the direct or indirect reproduction of their sound
recordings,
in any manner or form; the placing of these reproductions in the market
and the right of rental or lending;
208.2. The right
to authorize the first public distribution of the original and copies
of
their sound recordings through sale or rental or other forms of
transferring
ownership; and
208.3. The right
to authorize the commercial rental to the public of the original and
copies
of their sound recordings, even after distribution by them by or
pursuant
to authorization by the producer. (Sec. 46, P. D.
No.
49a)
Sec. 209. Communication
to the Public. - If a sound recording
published for commercial purposes, or a reproduction of such sound
recording,
is used directly for broadcasting or for other communication to the
public,
or is publicly performed with the intention of making and enhancing
profit,
a single equitable remuneration for the performer or performers, and
the
producer of the sound recording shall be paid by the user to both the
performers
and the producer, who, in the absence of any agreement shall share
equally.
(Sec.
47, P. D. No. 49a)
Sec. 210. Limitation
of Right. - Sections 184 and 185
shall
apply mutatis mutandis to the producer of sound recordings.
(Sec. 48, P. D. No. 49a)
Chapter XIV
BROADCASTING
ORGANIZATIONS
Sec.
211. Scope of Right. - Subject to
the
provisions of Section 212, broadcasting organizations shall enjoy the
exclusive
right to carry out, authorize or prevent any of the following acts:
211.1. The
rebroadcasting
of their broadcasts;
211.2. The
recording
in any manner, including the making of films or the use of video tape,
of their broadcasts for the purpose of communication to the public of
television
broadcasts of the same; and
211.3. The use of
such records for fresh transmissions or for fresh recording. (Sec.
52, P. D. No. 49)
Chapter XV
LIMITATIONS ON
PROTECTION
Sec. 212. Limitations
on Rights. - Sections 203, 208 and
209
shall not apply where the acts referred to in those Sections are
related
to:
212.1. The use by
a natural person exclusively for his own personal purposes;
212.2. Using short
excerpts for reporting current events;
212.3. Use solely
for the purpose of teaching or for scientific research; and
212.4. Fair use
of the broadcast subject to the conditions under section 185.
(Sec. 44, P. D. No. 49a)
Chapter XVI
TERM OF PROTECTION
Sec. 213. Term
of Protection. - 213.1. Subject to
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 economic rights shall be protected
during
the life of the last surviving author and for fifty (50) years after
his
death.
(Sec. 21, Second Sentence, P.D. No. 49)
213.3. In case of
anonymous or pseudonymous works, the copyright shall be protected for
fifty
(50) years from the date on which the work was first lawfully
published:
Provided, That where, before the expiration of the said
period,
the author's identity is revealed or is no longer in doubt, the
provisions
of Subsections 213.1 and 213.2 shall apply, as the case may be: Provided,
further, That such works if not published before shall be protected
for fifty (50) years counted from the making of the work. (Sec.
23, P. D. No. 49)
213.4. In case of
works of applied art the protection shall be for a period of
twenty-five
(25) years from the date of making. (Sec. 24(B),
P. D.
No. 49a)
213.5. In case of
photographic works, the protection shall be for fifty (50) years from
publication
of the work and, if unpublished, fifty (50) years from the making. (Sec.
24(C), P. D. 49a)
213.6. In case of
audio-visual works including those produced by process analogous to
photography
or any process for making audio-visual recordings, the term shall be
fifty
(50) years from date of publication and, if unpublished, from the date
of making.
(Sec. 24(C), P. D. No. 49a)
Sec. 214. Calculation
of Term. - The term of protection
subsequent
to the death of the author 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 rise to them.
(Sec. 25, P. D. No. 49)
Sec. 215. Term
of Protection for Performers, Producers and Broadcasting Organizations.-
215.1. The rights
granted to performers and producers of sound recordings under this law
shall expire:
(a) For
performances
not incorporated in recordings, fifty (50) years from the end of the
year
in which the performance took place; and
(b) For sound or
image and sound recordings and for performances incorporated therein,
fifty
(50) years from the end of the year in which the recording took place.
215.2. In case of
broadcasts, the term shall be twenty (20) years from the date the
broadcast
took place. The extended term shall be applied only to old works with
subsisting
protection under the prior law.(Sec.
55, P. D. No. 49a)
Chapter XVII
INFRINGEMENT
Sec. 216. Remedies
for Infringement. -
216.1. Any person
infringing a right protected under this law shall be liable:
(a) To an
injunction
restraining such infringement. The court may also order the defendant
to
desist from an infringement, among others, to prevent the entry into
the
channels of commerce of imported goods that involve an infringement,
immediately
after customs clearance of such goods.
(b) Pay to the
copyright
proprietor or his assigns or heirs such actual damages, including legal
costs and other expenses, as he may have incurred due to the
infringement
as well as the profits the infringer may have made due to such
infringement,
and in proving profits the plaintiff shall be required to prove sales
only
and the defendant shall be required to prove every element of cost
which
he claims, or, in lieu of actual damages and profits, such damages
which
to the court shall appear to be just and shall not be regarded as
penalty.
(c) Deliver
under
oath, for impounding during the pendency of the action, upon such terms
and conditions as the court may prescribe, sales invoices and other
documents
evidencing sales, all articles and their packaging alleged to infringe
a copyright and implements for making them.
(d) Deliver
under
oath for destruction without any compensation all infringing copies or
devices, as well as all plates, molds, or other means for making such
infringing
copies as the court may order.
(e) Such other
terms
and conditions, including the payment of moral and exemplary damages,
which
the court may deem proper, wise and equitable and the destruction of
infringing
copies of the work even in the event of acquittal in a criminal case.
216. 2. In an
infringement
action, the court shall also have the power to order the seizure and
impounding
of any article which may serve as evidence in the court proceedings.
(Sec. 28, P. D. No. 49a)
Sec. 217. Criminal
Penalties. -
217.1. Any person
infringing any right secured by provisions of Part IV of this Act or
aiding
or abetting such infringement shall be guilty of a crime punishable by:
(a) Imprisonment
of one (1) year to three (3) years plus a fine ranging from Fifty
thousand
pesos (P50,000) to One hundred fifty thousand pesos (P150,000) for the
first offense.
(b) Imprisonment
of three (3) years and one (1) day to six (6) years plus a fine ranging
from One hundred fifty thousand pesos (P150,000) to Five hundred
thousand
pesos (P500,000) for the second offense.
(c) Imprisonment
of six (6) years and one (1) day to nine (9) years plus a fine ranging
from Five hundred thousand pesos (P500,000) to One million five hundred
thousand pesos (P1,500,000) for the third and subsequent offenses.
(d) In all
cases,
subsidiary imprisonment in cases of insolvency.
217.2. In
determining
the number of years of 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 suffered by
reason of the infringement.
217.3. Any person
who at the time when copyright subsists in a work has in his possession
an article which he knows, or ought to know, to be an infringing copy
of
the work for the purpose of:
(a) Selling,
letting
for hire, or by way of trade offering or exposing for sale, or hire,
the
article;
(b) Distributing
the article for purpose of trade, or for any other purpose to an extent
that will prejudice the rights of the copyright owner in the work; or
(c) Trade
exhibit
of the article in public, shall be guilty of an offense and shall be
liable
on conviction to imprisonment and fine as above mentioned.
(Sec. 29, P. D. No. 49a)
Sec. 218. Affidavit
Evidence. -
218.1. In an
action
under this Chapter, an affidavit made before a notary public by or on
behalf
of the owner of the copyright in any work or other subject matter and
stating
that:
(a) At the time
specified therein, copyright subsisted in the work or other subject
matter;
(b) He or the
person
named therein is the owner of the copyright; and
(c) The copy of
the work or other subject matter annexed thereto is a true copy
thereof,
shall be admitted in evidence in any proceedings for an offense under
this
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 affidavit was made by or on behalf of the owner
of
the copyright.
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
action relates if the defendant does not put in issue the question
whether
copyright subsists in the work or other subject matter; and
(b) Where the
subsistence
of the copyright is established, the plaintiff shall be presumed to be
the owner of the copyright if he claims to be the owner of the
copyright
and the defendant does not put in issue the question of his ownership.
(c) Where the
defendant,
without good faith, puts in issue the questions of whether copyright
subsists
in a work or other subject matter to which the action relates, or the
ownership
of copyright in such work or subject matter, thereby occasioning
unnecessary
costs or delay in the proceedings, the court may direct that any costs
to the defendant in respect of the action shall not be allowed by him
and
that any costs occasioned by the defendant to other parties shall be
paid
by him to such other parties. (n)
Sec. 219. Presumption
of Authorship. -
219.1. 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. This provision shall be applicable even if the name is a
pseudonym,
where the pseudonym leaves no doubt as to the identity of the author.
219.2. 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. (n)
Sec. 220. International
Registration of Works. - A statement
concerning
a work, recorded in an international register in accordance with an
international
treaty to which the Philippines is or may become a party, shall be
construed
as true until the contrary is proved except:
220.1. Where the
statement cannot be valid under this Act or any other law concerning
intellectual
property.
220.2. Where the
statement is contradicted by another statement recorded in the
international
register.
(n)
Chapter XVIII
SCOPE OF APPLICATION
Sec.
221. Points of Attachment for Works under Sections 172 and 173.
-
221.1. The
protection
afforded by this Act to copyrightable works under Sections 172 and 173
shall apply to:
(a) Works of
authors
who are nationals of, or have their habitual residence in the
Philippines;
(b) Audio-visual
works the producer of which has his headquarters or habitual residence
in the Philippines;
(c) Works of
architecture
erected in the Philippines or other artistic works incorporated in a
building
or other structure located in the Philippines;
(d) Works first
published in the Philippines; and
(e) Works first
published in another country but also published in the Philippines
within
thirty days, irrespective of the nationality or residence of the
authors.
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 other
international
agreement to which the Philippines is a party. (n)
Sec. 222. Points
of Attachment for Performers. - The
provisions
of this Act on the protection of performers shall apply to:
222.1. Performers
who are nationals of the Philippines;
222.2. Performers
who are not nationals of the Philippines but whose performances:
(a) Take place
in
the Philippines; or
(b) Are
incorporated
in sound recordings that are protected under this Act; or
(c) Which has
not
been fixed in sound recording but are carried by broadcast qualifying
for
protection under this Act.
(n)
Sec. 223. Points
of Attachment for Sound Recordings. -
The provisions of this Act on the protection of sound recordings shall
apply to:
223.1. sound
recordings
the producers of which are nationals of the Philippines; and
223.2. Sound
recordings
that were first published in the Philippines. (n)
Sec. 224. Points
of Attachment for Broadcasts. -
224.1. The
provisions
of this Act on the protection of broadcasts shall apply to:
(a) Broadcasts
of
broadcasting organizations the headquarters of which are situated in
the
Philippines; and
(b) Broadcasts
transmitted
from transmitters situated in the Philippines.
224.2. The
provisions
of this Act shall also apply to performers who, and to producers of
sound
recordings and broadcasting organizations which, are to be protected by
virtue of and in accordance with any international convention or other
international agreement to which the Philippines is a party. (n)
Chapter XIX
INSTITUTION OF
ACTIONS
Sec. 225. Jurisdiction.
-
Without prejudice to the provisions of Subsection 7.1(c), actions under
this Act shall be cognizable by the courts with appropriate
jurisdiction
under existing law.
(Sec. 57, P. D. No. 49a)
Sec. 226. Damages.
-
No damages may be recovered under this Act after four (4) years from
the
time the cause of action arose.
(Sec. 58, P. D. No. 49)
Chapter XX
MISCELLANEOUS
PROVISIONS
Sec. 227. Ownership
of Deposit and Instruments. - All
copies
deposited and instruments in writing filed with the National Library
and
the Supreme Court Library in accordance with the provisions of this Act
shall become the property of the Government. (Sec.
60, P. D. No. 49)
Sec. 228. Public
Records. - The section or division of
the National Library and the Supreme Court Library charged with
receiving
copies and instruments deposited and with keeping records required
under
this Act and everything in it shall be opened to public inspection. The
Director of the 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)
Sec. 229. Copyright
Division Fees. - The Copyright
Section
of the National Library shall be classified as a Division upon the
effectivity
of this Act. The National Library shall have the power to collect, for
the discharge of its services under this Act, such fees as may be
promulgated
by it from time to time subject to the approval of the Department Head.
(Sec.
62, P. D. 49a) |