RULES ON OWNERSHIP OF COPYRIGHT

Type of work Owner

Original literary and Author of the work. (IIPC, Sec. 178.1).
artistic works
Joint authorship Co-authors – in case of works of joint authorship; in the absence of agreement,
their rights shall be governed by the rules on co-ownership.

NOTE: If work of joint authorship consists of parts that can be used separately,
then the author of each part shall be the original owner of the copyright in the
part that he has created (IPC, Sec. 178.2)
Audiovisual work GR: Producer, the author of the scenario, the composer of the music, the film
director, and the author of the work so adapted

XPN: Unless otherwise provided in an agreement, 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(IPC, Sec. 178.5)
Anonymous and The publishers shall be deemed to represent the authors of articles and other
pseudonymous works writings published without the names of the authors or under pseudonyms,
unless the contrary appears, or the pseudonyms or adopted name leaves no
doubt as to the author's identity, or if the author of the anonymous works
discloses his identity (IPC, Sec. 179).
Commissioned work The person who commissioned the work shall own the work but the copyright
thereto shall remain with the creator, unless there is a written stipulation to the
contrary (IPC, Sec. 178.4).
Collective works 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.
(IPC, Sec. 196)
In the course of The employee, if not a part of his regular duties even if the employee uses the
employment time, facilities and materials of the employer.

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. (IPC, Sec. 178.3)
Letters In respect of letters, the copyright shall belong to the writer subject to the
provisions of Article 723 of the Civil Code. (IPC, Sec. 178.6).

Civil Code of the Philippines

Article 723. Letters and other private communications in writing are owned by
the person to whom they are addressed and delivered, but they cannot be
published or disseminated without the consent of the writer or his heirs.
However, the court may authorize their publication or dissemination if the
public good or the interest of justice so requires.

Collective work vs. Joint work Work created by 2 or Work prepared by 2

more persons at the or more authors with
COLLECTIVE WORK JOINT WORK initiative and under the intention that
Elements remain Separate elements the direction of their contributions be
unintegrated and merge into a unified another with the merged into
disparate. whole. understanding that it inseparable or
will be disclosed by the independent parts of
latter under his own the unitary whole.
 said he purchased the painting from Bernie
name and that of the who represented himself as its painter and
contributions of owner.
natural persons will
NOT be identified Rudy and the cafeteria operator immediately
confronted Bernie. While admitting that he did
Joint authors shall be
Each author shall not do the painting, Bernie claimed ownership
co-owners. Co-
enjoy copyright to his of its copyright since he had already registered
ownership shall
own contribution it in his name with the National Library as
apply.
provided in the Intellectual Property Code.
The work will be
attributed to the
Who owns the copyright to the painting?
person under whose Joint authors shall be
Explain. (Bar 2013)
initiative and direction both entitled to the
it was created unless acknowledgment as
A: Rudy owns the copyright to the painting
the contributor authors of the work.
because he was one who actually created it. His
expressly reserves his
rights existed from the moment of its creation.
right.
The registration of the painting by Bernie with the
National Library did not confer copyright upon
Q: T, an associate attorney in XYZ Law Office,
him. The registration is merely for the purpose of
wrote a newspaper publisher a letter
completing the records of the National Library.
disputing a columnist’s claim about an
incident in the attorney’s family. T used the
Q: BR and CT are noted artists whose paintings
law firm’s letterhead and its computer in
are highly prized by collectors. Dr. DL
preparing the letter. T also requested the
commissioned them to paint a mural at the
firm’s messenger to deliver the letter to the
main lobby of his new hospital for children.
publisher. Who owns the copyright to the
Both agreed to collaborate on the project for a
letter? (2011 Bar)
total fee of 2 million pesos to be equally
divided between them. It was also agreed that
A: T, since he is the original creator of the contents
Dr. DL had to provide all the materials for the
of the letter.
painting and pay for the wages of technicians
and laborers needed for the work on the
Q: Solid Investment House commissioned Mon
project.
Blanco and his son Steve, both noted artists, to
paint a mural for the Main Lobby of the new
Assume that the project is completed and both
building of Solid for a contract price of P2M.
BR and CT are fully paid the amount of P2M as
artists' fee by DL. Under the law on intellectual
a. Who owns the mural? Explain.
property, who will own the mural? Who will
b. Who owns the copyright of the mural?
own the copyright in the mural? Why? Explain.
Explain. (1995 Bar)
(2004 Bar)
A:
A: DL owns the mural, while both BR and CT
a. The mural is owned by Solid. It commissioned
jointly own the copyright thereto. This is so
the work and paid Mon and Steve Blanco P2M
because the mural was commissioned by DL and a
for the mural.
consideration was paid to BR and CT in exchange
b. Even though Solid owns the mural, the
thereof. According to Section 178.4 of the IPC,
copyright of the mural is jointly owned by
when the work is commissioned by a person other
Mon and Steve, unless there is a written
than an employer of the author, the owner of the
stipulation to the contrary (Sec. 178.4, IPC).
work shall be the one who commissioned the
work, but the copyright of the work shall be
Q: Rudy is a fine arts student in a university. He
owned by the person who is responsible for its
stays in a boarding house with Bernie as his
creation, unless there is a written stipulation to
roommate. During his free time, Rudy would
the contrary.
paint and leave his finished works lying
around the boarding house. One day, Rudy saw
Q: Eloise, an accomplished writer, was hired by
one of his works—an abstract painting entitled
Petong to write a bimonthly newspaper
Manila Traffic Jam—on display at the
column for Diario de Manila, a newly-
university cafeteria. The cafeteria operator
established newspaper of which Petong was
the Editor-in-chief. Eloise was to be paid The following acts shall not constitute
P1,000.00 for each column that was published. infringement of copyright:
In the course of two months, Eloise submitted
three columns which, after some slight editing, 1. Recitation or Performance of a work, once it
were printed in the newspaper. However, has been lawfully made accessible to the
Diario de Manila proved unprofitable and public, if done privately and free of charge or
closed only after two months. Due to the if made strictly for a charitable or religious
minimal amounts involved, Eloise chose not to institution or society;
pursue any claim for payment from the 2. Making of quotations from a published work if
newspaper, which was owned by New Media they are compatible with fair use and only to
Enterprises. the extent justified for the purpose, including
quotations from newspaper articles and
Three years later, Eloise was planning to periodicals in the form of press summaries:
publish an anthology of her works, and wanted Provided, That the source and the name of the
to include the three columns that appeared in author, if appearing on the work, are
the Diario de Manila in her anthology. She asks mentioned;
for your legal advice: 3. Communication to the public by mass media
of articles on current political, social,
a. Does Eloise have to secure authorization economic, scientific or religious topic,
from New Media Enterprises to be able to lectures, addresses and other works of the
publish Diario de Manila columns in her same nature, which are delivered in public if
own anthology. Explain fully. such use is for information purposes and has
b. Assume that New Media Enterprises plans not been expressly reserved: Provided, That
to publish Eloise’s columns in its own the source is clearly indicated;
anthology entitled, “The best of Diario de 4. Reproduction and communication to the
Manila.”Eloise wants to prevent the public of literary, scientific or artistic works as
publication of her columns in that Part of reports of current events (e.g. music
anthology since she was never paid by the played or tunes on the occasion of a sporting
newspaper. Name one irrefutable legal event and such tunes were picked up during a
argument Eloise could cite to enjoin New new coverage of the event) by means of
Media Enterprises from including her photography, cinematography or broadcasting
columns in its anthology. (2008 Bar) to the extent necessary for the purpose;
5. Inclusion of a work in a publication,
A: broadcast, or other communication to the
a. NO. In the case of a work commissioned by a public, sound recording or film, if such
person other than an employer of the author inclusion is made by way of illustration for
and who pays for it and the work is made in Teaching purposes and is compatible with fair
pursuance of the commission, the person who use: Provided, That the source and of the
so commissioned the work shall have name of the author, if appearing in the work,
ownership of work, but the copyright thereto are mentioned;
shall remain with the creator, unless there is a 6. Recording made in Educational institutions of
written statement to the contrary. Thus, a work included in a broadcast for the use of
though Diario de Manila commissioned the such educational institutions, provided that
work, it cannot be considered as its owner such recording must be deleted within a
because it did not pay Eloise. Ownership and reasonable period after they were first
copyright still belong to Eloise. Authorization broadcast.
is no longer needed to publish Diario de 7. Making of Ephemeral recordings by a
Manila in her anthology because Eloise has broadcasting organization by means of its
moral and economic rights over her works. own facilities and for use in its own broadcast.
b. The fact that Eloise was not paid, ownership 8. Use made of a work by or under the direction
over her work, published in the newspaper, or control of the government, by the National
did not vest upon the latter. She retains full Library or by educational, scientific or
moral and economic rights over it. professional institutions where such use is in
the public interest and is compatible with fair
LIMITATIONS ON COPYRIGHT use;
9. Public performance or the communication to
General limitations on copyright the public of a work, in a place where no
admission fee is charged in respect of such
 public performance or communication, by a in Section 189; and
club or institution for charitable or e. Any work in cases where reproduction
educational purpose only, whose aim is not would unreasonably conflict with a
profit making, subject to such other normal exploitation of the work or would
limitations as may be provided in the otherwise unreasonably prejudice the
Regulations; legitimate interests of the author (IPC,
10. Public Display of the original or a copy of the Sec. 187).
work not made by means of a film, slide,
television image or otherwise on screen or by 3. The reproduction in one back-up copy or
means of any other device or process (e.g. adaptation of a computer program shall be
Public display using posters mounted on walls permitted, without the authorization of the
and display boards), Provided, That either the author of, or other owner of copyright in, a
work has been published, or, that original or computer program, by the lawful owner of
the copy displayed has been sold, given away that computer program, provided, the copy or
or otherwise transferred to another person by adaptation is necessary for:
the author or his successor in title; a. The use of the computer program in
11. Any use made of a work for the purpose of conjunction with a computer for the
any Judicial proceedings or for the giving of purpose, and to the extent, for which the
professional advice by a legal practitioner. computer program has been obtained;
12. Reproduction or distribution of published and
articles or materials in a specialized format b. Archival purposes, and, for the
exclusively for the use of the blind, visually- replacement of the lawfully owned copy
and reading-impaired persons: Provided, that of the computer program in the event that
such copies and distribution shall be made on the lawfully obtained copy of the
a nonprofit basis and shall indicate the computer program is lost, destroyed or
copyright owner and the date of the original rendered unusable (IPC, Sec. 187).
publication (IPC, Sec. 184, as amended by R.A.
No. 10372). Q: In a written legal opinion for a client on the
difference between apprenticeship and
Other limitations on copyright learnership, Liza qouted without permission a
labor law expert’s coment appearing in his
1. Copyright in a work of architecture shall book entitled “Annotations on the Labor Code.”
include the right to control the erection of any Can the labor law expert hold Liza liable for
building which reproduces the whole or a infringement of copyright for qouting a
substantial part of the work either in its portion of his book without his permission?
original form or in any form recognizably
derived from the original, provided, that the A: NO. Liza cannot be held liable for infringement
copyright in any such work shall not include of copyright. Any use made of a work for the
the right to control the reconstruction or purpose of judicial proceedings or for giving of
rehabilitation in the same style as the original professional advice by a legal peoceedings or for
of a building to which that copyright relates giving of professional advice by a legal
(IPC, Sec. 186). practitioner shall not constitute infringement of
copyright [Sec. 184 (k), IPC].
2. The private reproduction of a published work
in a single copy, where the reproduction is Q: May a person have photocopiies of some
made by a natural person exclusively for pages of the book of Professor Rosario made
research and private study, shall be permitted, without violating the copyright law?
without the authorization of the owner of
copyright in the work but shall not extend to A: YES. The private reproduction of a published
the reproduction of: work in a single copy, where the reproduction is
a. A work of architecture in the form of made by a natural person exclusively for research
building or other construction; and private study, shall be permitted, without the
b. An entire book, or a substantial part authorization of the owner of copyright in the
thereof, or of a musical work in graphic work. This rule contemplates that reproduction of
form by reprographic means; the book shall not extend to an entire book or a
c. A compilation of data and other substantial part thereof [Secs. 187.1 to 187.2 (b),
materials; IPC].
d. A computer program except as provided
Term of protection of copyright The term of protection subsequent to the death of
the author shall run from the date of his death or
TYPE OF WORK Term of Protection of publication, but such terms shall always be
deemed to begin on the first day of January of the
Original and year following the event which gave rise to them
During the life of the
derivative (Sec. 214, IPC).
author and for fifty (50)
works, as well
years after his death
as posthumous DOCTRINE OF FAIR USE
works.
Economic rights shall be “Fair use” permits a secondary use that “serves
protected during the life of the copyright objective of stimulating productive
Works of joint
the last surviving author thought and public instruction without excessively
authorship
and for fifty (50) years diminishing the incentives for creativity”.
after his death
Fifty (50) years from the The fair use of a copyrighted work for criticism,
date on which the work comment, news reporting, teaching including
was first lawfully published limited number of copies for classroom use,
Published scholarship, research, and similar purposes is not
If the author's identity is an infringement of copyright.
Anonymous or
revealed or is no longer in
pseudonymous
doubt before the 50-year Decompilation may be considered fair use
works
period, the provisions on
original and derivative Decompilation, which is the reproduction of the
works, as well as works of code and translation of the forms of the computer
joint authorship, shall program to achieve the inter-operability of an
apply. independently created computer program with
Unpublished Fifty (50) years counted other programs, may also constitute fair use under
Anonymous or from the making of the the criteria established Sec. 185, to the extent that
pseudonymous work such decompilation is done for the purpose of
works obtaining the information necessary to achieve
Work of an such interoperability (Sec. 185, IPC).
applied art of
an artistic Factors that should be considered in order to
creation with determine fair use
utilitarian
functions or 25 years from the time of 1. Purpose and character of the use, including
incorporated in the making. whether such use is of a commercial nature or
a useful article is for non-profit educational purpose;
whether made 2. Nature of the copyrighted work;
by hand or 3. Amount and substantiality of the portion used
produced on an in relation to the copyrighted work as a
industrial scale whole; and
Fifty (50) years from 4. Effect of the use upon the potential market for
Photographic
publication of the work or value of the copyrighted work.
works
and, if unpublished, fifty
(50) years from the making NOTE: The fact that a work is unpublished shall
Audio-visual not by itself bar a finding of fair use if such finding
works including is made upon consideration of all the above
those produced factors (IPC, Sec. 182.2). If you copy to the extent
by process 50 years from date of that you reduce the marketability of the book, it is
analogous to publication and, if no longer fair use.
photography or unpublished, from the date
any process for of making Published works
making audio-
visual Those works which, with the consent of the
recordings 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, The communication can
that availability of such copies has been such, as to It is performed at a be accessed through
satisfy the reasonable requirement of the public, specific time and wired or wireless means
having regard to the nature of the work (IPC, Sec. place. (e.g. The at a time and place
171.7). Pacquiao-Clottey convenient to the viewer
Match in Dallas (e.g. The Pacquiao-
Reprographic Reproduction by Libraries Texas Stadium) Clottey Match watched
via YouTube)
Any library or archive whose activities are not for
profit may, without the authorization of the author Transfer or assignment of copyright
or copyright owner, make a limited number of
copies of the work, as may be necessary for such The copyright may be assigned or licensed in
institutions to fulfill their mandate, by whole or in part. Within the scope of the
reprographic reproduction: assignment or license, the assignee or licensee is
entitled to all the rights and remedies which the
a. Where the work by reason of its fragile assignor or licensor had with respect to the
character or rarity cannot be lent to user in its copyright (IPC, Sec. 180.1).
original form;
b. Where the works are isolated articles Requisites for a transfer of copyright to take
contained in composite works or brief effect
portions of other published works and the
reproduction is necessary to supply them, 1. If inter vivos, there
when this is considered expedient, to persons must be a written indication of such intention;
requesting their loan for purposes of research and
or study instead of lending the volumes or 2. Filed in National
booklets which contain them; and Library upon payment of prescribed fees
c. Where the making of such limited copies is in (IPC,Sec. 182).
order to preserve and, if necessary in the
event that it is lost, destroyed or rendered The filing of the assignment or license of
unusable, replace a copy, or to replace, in the copyright is NOT a mandatory requirement.
permanent collection of another similar
library or archive, a copy which has been lost, Section 182 uses the permissive word “may” in
destroyed or rendered unusable and copies reference to the filing of the deed of assignment or
are not available with the publisher. transfer of copyright, this filing should not be
understood as mandatory for validity and
But it shall not be permissible to produce a enforceability. The filing is entirely optional for
volume of a work published in several volumes or the parties and may be useful only for evidentiary
to produce missing tomes or pages of magazines and notification purposes (Amador, 2007).
or similar works, unless the volume, tome or part
is out of stock (IPC, Sec. 188, as amended by R.A. Limitation regarding submission of a literary,
No. 10372). photographic or artistic work to a newspaper,
magazine or periodical for publication
Public performance vs. Communication to the
public of a performance Unless a greater right is expressly granted, such
submission shall constitute only a license to make
COMMUNICATIONS TO a single publication.
PUBLIC
THE PUBLIC OF A
PERFORMANCE If two or more persons jointly own a copyright or
PERFORMANCE
any part thereof, neither of the owners shall be
Performance at a
The transmission to the entitled to grant licenses without the prior written
place or at places
public, by any medium, consent of the other owner or owners (Sec. 180.3,
where persons
otherwise than by IPC).
outside the normal
broadcasting, of sounds
circle of a family
of a performance or the Q: In a written legal opinion for a client on the
and that family’s
representations of difference between apprenticeship and
closest social
sounds fixed in a sound learnership, Liza quoted without permission a
acquaintances are
recording. labor law expert's comment appearing in his
or can be present.
book entitled "Annotations on the Labor Code."
Can the labor law expert hold Liza liable for c. With knowledge of infringing activity,
infringement of copyright for quoting a induces, causes or materially contributes to
portion of his book without his permission? the infringing conduct of another (IPC,Sec.
(2006 Bar) 216, as amended by R.A. No. 10372).
A:NO. One of the limitations on copyright is the
making of quotations from a published work if Q: Diana and Piolo are famous personalities in
they are compatible with fair use, provided that showbusiness who kept their love affair secret.
the source and the name of the author, if They use a special instant messaging service
appearing on the work, are mentioned. The legal which allows them to see one another’s typing
opinion made by Liza is consistent with fair use on their own screen as each letter key is
since the quoted part is merely used to explain a pressed. When Greg, the controller of the
concept of law for the benefit of the client and not service facility, found out their identities, he
to defeat the rights of the author over his kept a copy of all the messages Diana and Piolo
copyright [Sec. 184.1 (b), IPC]. sent each other and published them. Is Greg
liable for copyright infringement? Reason
COPYRIGHT INFRINGEMENT briefly. (2007 Bar)

It is the doing by any person, without the consent A: YES. The messages which Diana and Pablo sent
of the owner of the copyright, of anything the sole each other fall under the category of letters as
right to do which is conferred by statute on the provided in Sec. 172.1.d which provides that
owner of the copyright. The act of lifting from literary and artistic works, hereinafter referred to
another’s book substantial portions of discussions as “works,” are original intellectual creations in
and examples and the failure to acknowledge the the literary and artistic domain protected from the
same is an infringement of copyright. moment of their creation and shall include in
particular, among others , letters. Infringement of
Copying alone is not what is prohibited. The such consist in the doing by any person, without
copying must produce an “injurious effect”. A copy the consent of the owner of the copyright, of
of a piracy is an infringement of the original, and it anything the sole right to do which is conferred by
is no defense that the pirate, in such cases, did not statute on the owner of the copyright .
know whether or not he was infringing any Reproduction and first public distribution of the
copyright; he at least knew that what he was work are economic rights of the authors of the
copying was not his, and he copied at his peril work. Such cannot be done by the person not the
(Habana v. Robles, G.R. No. 131522, July 19, 1999). author of the work. In this instance, Greg is not the
owner of the messages. He merely copied it
The gravamen of copyright infringement is not without the consent of the authors thereof and
merely the unauthorized "manufacturing" of subsequently published the same in violation of
intellectual works but rather the unauthorized the latter’s economic rights.
performance of any of the rights exclusively
granted to the copyright owner. Hence, any person Q: The Victoria Hotel chain reproduces
who performs any of such acts under without videotapes, distributes the copies thereof to its
obtaining the copyright owner’s prior consent hotels and makes them available to hotel
renders himself civilly and criminally liable for guests for viewing in the hotel guest rooms. It
copyright infringement (NBI-Microsoft Corp. v. charges a separate nominal fee for the use of
Hwang, G.R. No. 147043, June 21, 2005). the videotape player.
a. Can the Victoria Hotel be enjoined for
Infringement infringing copyrights and held liable for
damages?
A person infringes a right protected under this Act b. Would it make any difference if Victoria
when one: Hotel does not charge any fee for the use of
the videotape? (1994 Bar)
a. Directly commits an infringement;
b. Benefits from the infringing activity of A:
another person who commits an infringement a. YES. Victoria Hotel may be held liable for
if the person benefiting has been given notice infringing copyrights of the said videotapes
of the infringing activity and has the right and because the reproduction and distribution
ability to control the activities of the other thereof are not merely for private viewing.
person; Instead, it was used as a means to gain extra
profit by making it as an extra amenity for its
 hotel services. However, if such performances an infringement of copyright and to an injurious
contained in the videotapes became available extent, the work is appropriated. It is no defense
to the public even prior to its registration, that the pirate did not know whether or not he
then there is no copyright infringement was infringing any copyright; he at least knew that
because the videotapes are already what he was copying was not his, and he copied at
considered as public property. his peril. In cases of infringement, copying alone is
b. NO. Notwithstanding the non-charging of fee not what is prohibited. The copying must produce
for the use of the videotapes, Victoria Hotel an “injurious effect” (Habana v. Robles, G.R. No.
still uses the videotapes for business 131522, July 19, 1999).
purposes, serving as an attraction to
prospective and current guests, unless the Copying is demonstrated by:
performances in the videotapes had been long
before available to the public prior to 1. Direct Evidence
registration; hence, it is already public 2. Circumstantial evidence of access and
property (Filipino Society of Composers, substantial inquiry or the most common test
Authors, Publishers, Inc. v. Benjamin Tan, G.R. (Amador, 2007).
No. L-36402, March 16, 1987).
Access means having reasonable opportunity to
Q: In an action for damages on account of an view or hear the plaintiff’s work. Threshold
infringement of a copyright, the defendant inquiry means whether there is reasonable
(the alleged pirate) raised the defense that he opportunity to copy.
was unaware that what he had copied was a
copyright material. Would this defense be Q: May a person have photocopies of some
valid? (1997 Bar) pages of the book of Professor Rosario made
without violating the copyright law? (1998
A: NO. In copyright infringement, intent is Bar)
irrelevant. A person may consciously or
unconsciously copy or infringe a copyrighted A: YES, a person may photocopy some of pages of
material and still be held liable for such act. Professor Rosario’s book for as long as it is not for
public use or distribution and it does not copy the
Q: KK is from Bangkok, Thailand. She studies substantial text or “heart” of the book. It is
medicine in the Pontifical University of Santo considered as fair use of the copyrighted work.
Tomas (UST). She learned that the same
foreign books prescribed in UST are 40-50% Plagiarism
cheaper in Bangkok. So she ordered 50 copies
of each book for herself and her classmates Plagiarism means the theft of another person’s
and sold the books at 20% less than the price language, thoughts, or ideas. To plagiarize is to
in the Philippines. XX, the exclusive licensed take (ideas, writings, etc.) from (another) and pass
publisher of the books in the Philippines, sued them off as one’s own. The passing off of the work
KK for copyright infringement. Decide. (2014 of another as one’s own is thus an indispensable
Bar) element of plagiarism.

A: KK did not commit copyright infringement. Plagiarism presupposes intent and a deliberate,
Under the “first sale” doctrine, the owner of a conscious effort to steal another’s work and pass
particular copy or phonorecord lawfully made is it off as one’s own (In the matter of the charges of
entitled, without the authority of the copyright plagiarism against Associate Justice Mariano C. Del
owner, to sell or otherwise dispose of the Castillo, A.M. No. 10-7-17-SC, October 12, 2010).
possession of that copy or phonorecord. Hence,
there is no infringement by KK since the said Copyright Infringement vs. Plagiarism
doctrine permitted importation and resale
without the publisher’s further permission. COPYRIGHT
INFRINGEMEN PLAGIARISM
Substantial reproduction T
Definition The The use of
It is not necessarily required that the entire unauthorized another’s
copyrighted work, or even a large portion of it, be use of information,
copied. If so much is taken that the value of the copyrighted language, or
original work is substantially diminished, there is material in a writing, when
 manner that done without 3. Impounding during the pendency of the
violates one of proper action sales invoices and other documents
the copyright acknowledgment evidencing sales
owner’s of the original 4. Destruction without any compensation all
exclusive rights, source. infringing copies
such as the 5. Moral and Exemplary damages (IPC, Sec.
right to 216.1); or
reproduce or 6. Seizure and impounding of any article, which
perform the may serve as evidence in the court
copyrighted proceedings (IPC, Sec. 216.2).
work, or to
make derivative The copyright owner may elect, at any time before
works that final judgment is rendered, to recover instead of
build upon it. actual damages and profits, an award of statutory
Copyright Plagiarism is damages for all infringements involved in an
infringement is specific as it action in a sum equivalent to the filing fee of the
a very broad refers only to infringement action but not less than Fifty
term that using someone thousand pesos (P 50,000.00) (IPC, as amended by
describes a else’s work R.A. No. 10372, Sec. 216.1).
variety of acts. without proper
It may be acknowledgemen Factors to be considered by the court in
duplication of a t. awarding statutory damages
work, rewriting
Coverage a piece, 1. Nature and purpose of the infringing act;
performing a 2. Flagrancy of the infringement;
written work or 3. Whether the defendant acted in bad faith;
doing anything 4. Need for deterrence;
that is normally 5. Any loss that the plaintiff has suffered or is
considered to likely to suffer by reason of the infringement;
be the exclusive and
right of the 6. Any benefit shown to have accrued to the
copyright defendant by reason of the infringement
holder.
There is no Public documents Double damages
copyright can be
Public The amount of damages to be awarded shall be
infringement on plagiarized so
Document doubled against any person who:
public long as it is not
documents. acknowledged.
In copyright a. Circumvents effective technological measures;
Manner infringement, In plagiarism the or
of the copying copying need not b. Having reasonable grounds to know that it
copying must be be substantial will induce, enable, facilitate or conceal the
substantial infringement, remove or alter any electronic
In copyright rights management information from a copy
Plagiarism, may of a work, sound recording, or fixation of a
infringement,
exist even if none performance, or distribute, import for
Expressio the copying
of the same distribution, broadcast, or communicate to
n must refer to
words are used to the public works or copies of works without
the expression
express an idea. authority, knowing that electronic rights
of an idea.
management information has been removed
Remedies in case of copyright infringement or altered without authority (IPC, as amended
by R.A. No. 10372, Sec. 216.1).
1. Injunction
2. Damages, including legal costs and other Technological Measure
expenses, as he may have incurred due to the
infringement as well as the profits the It is any technology, device or component that, in
infringer may have made due to such the normal course of its operation, restricts acts in
infringement respect of a work, performance or sound
recording, which are not authorized by the work, sound recording, or fixation of a
authors, performers or producers of sound performance, by a person, knowingly and
recordings concerned or permitted by law (IPC, without authority; or
Sec. 171.12, as amended). c. Distribution, importation for distribution,
broadcast, or communication to the public of
Rights Management Information works or copies of works, by a person without
authority, knowing that electronic rights
It is information which identifies the work, sound management information has been removed
recording or performance; the author of the work, or altered without authority (IPC, Sec. 217.2,
producer of the sound recording or performer of as amended by R.A. No. 10372).
the performance; the owner of any right in the
work, sound recording or performance; or Affidavit evidence
information about the terms and conditions of the
use of the work, sound recording or performance; It is an affidavit made before the notary public in
and any number or code that represent such actions for infringement, reciting the facts
information, when any of these items is attached required to be stated under the Sec. 216.1 of IPC
to a copy of the work, sound recording or fixation
of performance or appears in conjunction with the As a prima facie proof, the affidavit shifts the
communication to the public of a work, sound burden of proof to the defendant, to prove the
recording or performance (IPC, Sec. 171.13). ownership of the copyrighted work.

Criminal penalties in case of copyright Q: Due to the amendment of the IP Code under
infringement RA 10372 APPROVED ON FEBRUARY 28, 2013,
deleting the provision entitling importation in
1. Imprisonment of one (1) year to three (3) the Philippines of up to three (3) copies of
years plus a fine ranging from Fifty thousand copyrighted works in a personal baggage, can
pesos (P50,000) to One hundred fifty one still be allowed to import books, DVDs, and
thousand pesos (P150,000) for the first CDs from abroad?
offense.
2. Imprisonment of three (3) years and one (1) A: YES. In fact, the amendments to the Intellectual
day to six (6) years plus a fine ranging from Property Code have removed the original
One hundred fifty thousand pesos to Five limitation of three copies when bringing
hundred thousand (P500,000) for the second legitimately acquired copies of copyrighted
offense. material into the country. Only the importation of
3. Imprisonment of six (6) years and one day to pirated or infringed material is illegal. As long as
nine (9) years plus a fine ranging from Five they were legally purchased, you can bring as
hundred thousand pesos (P500,000) to many copies you want, subject to Customs
P1,500,000 for the third offense. regulations (pcdspo.gov.ph).
4. In all cases, subsidiary imprisonment in cases
of insolvency (IPC, See Sec. 217). Reproduction of copyrighted material for
personal purposes is not punishable by RA
Determination of penalty 10372
Infringement in this context refers to the
economic rights of the copyright owner.
The court shall consider the value of the infringing Transferring music from a lawfully acquired CD
materials that the defendant has produced or into a computer, then downloading it to a portable
manufactured and the damage that the copyright device for personal use, is not infringement. But if,
owner has suffered by reason of the infringement: multiple copies of the CD were reproduced for
Provided, that the respective maximum penalty sale, then infringement occurs (pcdspo.gov.ph).
stated in Section 217.1. (a), (b) and (c) herein for
the first, second, third and subsequent offense, Possession of a music file procured through an
shall be imposed when the infringement is infringing activity is a violation of the law
committed by:
The possession of a music file procured through
a. Circumvention of effective technological an infringing activity is a violation of the law only
measures; if it can be proven that the person benefitting from
b. Removal or alteration of any electronic rights the music file has knowledge of the infringement,
management information from a copy of a
and the power and ability to control the person CMOs are organizations that enforce the copyright
committing the infringement (pcdspo.gov.ph). of the copyright holders. Through this mandate,
IPOPHL will be able to monitor and promote good
Liability of mall owners for the infringement corporate governance among CMOs, benefitting
activities of their tenants not only the rights holders themselves but also the
users of copyrighted works. Members of the
Mall owners are not automatically penalized for Philippine Retailers Association (PRA), mall
the infringing acts of their tenants. When a mall owners, restaurants, and other heavy users of
owner or lessor finds out about an infringement music in their establishments will greatly benefit
activity, he or she must give notice to the tenant, from this provision, as they are ensured that only
then he or she will be afforded time to act upon legitimate collecting agencies can collect royalties
this knowledge. The law requires that one must from them on behalf of copyright owners.
have both proven knowledge of the infringement,
and the ability to control the activities of the 4. Clarification of the concept of copyright
infringing person, to be held liable. The mall infringement, including secondary liability
owner must also have benefitted from the (Secs. 22 and 23)
infringement (pcdspo.gov.ph).
The provisions on copyright infringement have
Other beneficial provisions brought by RA been refined to include contributory infringement
10372 (secondary liability), circumvention of
technological measures and rights management
1. Grant of enforcement powers to IPOPHL information as aggravating circumstances, and the
(Sec. 2) option to collect statutory damages instead of
actual damages. However, under Sec. 22 of the
The law grants visitorial powers to IPOPHL and amendments, to be secondarily liable, a landlord
allows it to undertake enforcement functions with or mall must: (1) benefit from the infringing
the support of concerned agencies such as PNP, activity; (2) must have been given notice of the
NBI, BOC, OMB and LGUs. IPOPHL itself will not be infringing activity and a grace period to act on the
conducting raids or seizures but will be same; and (3) has the right and ability to control
coordinating with the said agencies. However, as the activities of the person who is doing the
IP rights remain to be private rights, there must be infringement. The complainant has the burden of
a complaint from the IP right owner. So, if an proof to provide evidence that all 3 elements are
author sees pirated copies of his book in a certain present. If a landlord or mall owner is not aware
store, he may notify IPOPHL. IPOPHL can now of the infringement, he cannot be liable for
initiate together with any of the said agencies to infringement, even if he benefits from it (from
address the problem. rental payments) or has control over the premises.

2. Establishment of the Bureau of Copyright 5. Fair use for the blind, visually- and
and other related rights (Secs. 1 and 3) reading-impaired (Sec. 11)

At present there is no entity performing the more This provision would give a special fair use
substantial function of policy formulation, rule exemption for the non-commercial reproduction
making, adjudication, research and education, of works for use by visually-impaired persons.
which is envisioned to be handled by the Bureau Before this amendment, hundreds of thousands of
of Copyright. Although a Copyright Division exists blind Filipinos could not buy Braille works at
in the National Library, the function of such office cheap prices because copyright protection
is merely to accept deposits of copyrighted works. operates. Now with this amendment, blind and
The Copyright Bureau is dedicated to serving the visually impaired Filipinos can have easier access
needs of the copyright-based industries and to copyrighted works in Braille.
stakeholders could give more focus and rally more
resources and support for the creative industry, 6. Formulation of IP Policies within
which is very important for protection of works by universities and colleges (Sec. 27)
Filipinos both here and abroad.
This will ensure that the rights of the academic
3. Accreditation of collective management community (professors, researchers, students)
organizations or CMOs (Sec. 10) over their literary, scholarly and artistic works are
clearly delineated and respected. With an IP Policy
in existence, these sectors within the academe will
have a clear delineation of their respective rights
and benefits, thus, avoiding disputes and costly
litigation within their ranks which would be
detrimental to education, research and
development
(http://www.ipophil.gov.ph/index.php/20-what-s-
new/135-fact-sheet-on-ip-code-amendments).
 DIFFERENCES BETWEEN COPYRIGHT, TRADEMARK, AND PATENTS (2015 Bar)
BASIS PATENT TRADEMARK COPYRIGHT
The right granted to an Any visible sign capable Literary and artistic
inventor by a State, or of distinguishing the works which are
by a regional office goods (trademark) or original intellectual
acting for several States, services (service mark) creations in the literary
which allows the of an enterprise and and artistic domain
inventor to exclude shall include a stamped protected from the
Definition anyone else from or marked container of moment of their
commercially exploiting goods. (RA 8293, Sec. creation. (Pearl and
his invention for a 121.1) Dean (Phil) Inc. v.
limited period. Shoemart Inc., G.R. No.
(Understanding 148222, August 15,
Industrial Property, 2003)
WIPO, p.5)
Technical solution of a Any visible sign capable Literary and artistic
problem in any field of of distinguishing the works
human activity which is goods (trademark) or
Registered intellectual
new (novel invention) services (service mark)
rights
and industrially of an enterprise must be
applicable. registered).

a. scientific theories a. generic terms for a. method

b. contrary to public goods or services b. idea
order or morality b. characteristics of c. procedure
c. aesthetic creations goods like quality or d. principle
d. methods for quantity e. operation
treatment of human c. customary sign in f. system
body everyday language  format of
e. plant varieties d. color itself television game
Need not be registered
show is not
subject to a
copyright.
(Joaquin v.
Drilon, 302
SCRA 225,
January 28,
1999)
20 years from filing date 10 years and renewable It depends on the type
Term of protection of application (RA 8293, upon expiration. (RA of work.
Sec. 54) 8293, Secs. 145-146)
Limitations on the use 1. In general A person may NOT: 1. Performance of a
of right work, once it has
1. Use a name if the
been lawfully made
a. GR: If put on the word is generic accessible to the
market in the (Lyceum of the public, if done
Philippines by the Philippines v. CA, G.R. privately and free of
owner of the No. 101897, March 5, charge or for a
product, or with his 1993). charitable or religious
express consent. institution or society.
2. Use any name
indicating a 2. The Making of
XPN: Drugs and geographical location quotations from a
medicines - (Ang Si Heng vs. published work if
introduced in the Wellington they are compatible
Philippines or
 anywhere else in the Department Store G.R. with fair use and only
world by the patent No. L-4531, January to the extent justified
owner, or by any 10, 1953). for the purpose.
party authorized to
use the invention 3. Use any name or 3. Communication to
(Sec. 72.1, as designation contrary the public by mass
amended by R.A. to public order or media of articles on
9502) morals current political,
social, economic,
4. Use a name if it is scientific or religious
b.Where the act is liable to deceive trade topic, lectures,
done privately and circles or the public as addresses and other
on a non- to the nature of the works of the same
commercial scale or enterprise identified nature
for a non- by that name (IPC,
commercial Sec. 165.1). 4. As Part of reports of
purpose. (IPC, Sec. current events (e.g.
72.2) 5. Subsequently use a music played or tunes
trade name likely to on the occasion of a
mislead the public as a sporting event and
c. Exclusively for third party (IPC, Sec. such tunes were
experimental use of 165.2 [b]). picked up during a
the invention for new coverage of the
scientific purposes 6. Copy or simulate the event).
or educational name of any domestic
purposes product (for imported 5. For Teaching
(experimental use products). purposes, provided
provision). (IPC, Sec. that the source and of
72.3) 7. Copy or simulate a the name of the
mark registered in author, if appearing in
accordance with the the work, are
d.Bolar Provision - In provisions of IPC (for mentioned.
the case of drugs imported products).
and medicines, 6. Recording made in
where the act 8. Use mark or trade Educational
includes testing, name calculated to institutions of a work
using, making or induce the public to included in a
selling the invention believe that the article broadcast for the use
including any data is manufactured in the of such educational
related thereto, Philippines, or that it institutions, provided
solely for purposes is manufactured in that such recording
reasonably related any foreign country or must be deleted
to the development locality other than the within a reasonable
and submission of country or locality period after they
information and where it is in fact were first broadcast.
issuance of manufactured.
approvals by 7. The making of
government NOTE: Items 4, 5 and 6 Ephemeral
regulatory agencies only applies to imported recordings by a
required under any products and those broadcasting
law of imported articles shall organization by
not be admitted to entry means of its own
at any customhouse of facilities and for use
e. the Philippines or of the Philippines (IPC, Sec. in its own broadcast.
another country 166).
 that regulates the
manufacture, 8. The Use made of a
construction, use or work by or under the
sale of any product. direction or control of
(IPC, Sec. 72.4) the government, by
the National Library
or by educational,
f. Where the act scientific or
consists of the professional
preparation for institutions where
individual cases, in a such use is in the
pharmacy or by a public interest and is
medical compatible with fair
professional, of a use.
medicine in
accordance with a 9. The Public
medical performance of a
prescription. (IPC, work, in a place
Sec. 72.5) where no admission
fee is charged.

g. Where the invention 10. Public Display of the

is used in any ship, original or a copy of
vessel, aircraft, or the work not made by
land vehicle of any means of a film, slide,
other country television image or
entering the otherwise on screen
territory of the or by means of any
Philippines other device or
temporarily or process (e.g. Public
accidentally. (IPC, display using posters
Sec. 72.5) mounted on walls
and display boards.
2.Prior user– Person 11.Any use made of a
other than the work for the purpose
applicant, who in good of any Judicial
faith, started using the proceedings or for
invention in the the giving of
Philippines, or professional advice
undertaken serious by a legal practitioner.
preparations to use
the same, before the
filing date or priority
date of the application
shall have the right to
continue the use
thereof, but this right
shall only be
transferred or
assigned further with
his enterprise or
business. (IPC, Sec.
73)
 3.Use by Government–
A government agency
or third person
authorized by the
government may
exploit invention even
without agreement of
a patent owner where:

a. Public interest, as
determined by the
appropriate agency
of the government,
so requires; or

b.A judicial or
administrative body
has determined that
the manner of
exploitation by
owner of patent is
anti-competitive.
(IPC, Sec. 74)

4.Reverse reciprocity
of foreign law– Any
condition, restriction,
limitation, diminution,
requirement, penalty
or any similar burden
imposed by the law of
a foreign country on a
Philippine national
seeking protection of
intellectual property
rights in that country,
shall reciprocally be
enforceable upon
nationals of said
country, within
Philippine
jurisdiction. (IPC, Sec.
231)
Prescriptive period for 4 years from time of 4 years from the time 4 years from the time
filing of an action for commission of the cause of action the cause of action
damages due to infringement (IPC, arose. arose. (IPC, Sec. 226)
infringement Sec.79)
Tests or elements 1. Literal infringement 1. That it is duly A person infringes a
which will establish Test – Resort must be registered in the right protected under
the presence of had, in the first Intellectual Property this Act when one:
 instance, to words of Office
the claim. If the
accused matter clearly 2. The validity of the a. Directly commits an
falls within the claim, mark infringement;
infringement is
3. The plaintiff’s b. Benefits from the
committed.
ownership of the infringing activity of
mark another person who
commits an
Minor modifications 4. The use of the mark infringement if the
are sufficient to put or its colorable person benefiting has
the item beyond literal imitation by the been given notice of
infringement. alleged infringer the infringing activity
(Godines v. CA, G.R. No. results in “likelihood and has the right and
L-97343, Sept. 13, of confusion” ability to control the
1993) (McDonald’s Corp v. activities of the other
L.C. Big Mak Burger, person;
Inc., G.R. No.
2. Doctrine of 143993, Aug 18, c. With knowledge of
Equivalents – There is 2004) infringing activity,
infringement where a induces, causes or
device appropriates a 5. Used without the materially
prior invention by consent of the owner contributes to the
incorporating its (Prosource infringing conduct of
infringement innovative concept International Inc.v. another (IPC, as
and, although with Horphag Research amended by R.A. No.
some modification Management SA G.R. 10372, Sec. 216).
and change, performs No. 180073,
substantially the same November 25, 2009)
function in
substantially the same
way to achieve
substantially the same
result.(Godines v. CA,
G.R. No. L-97343, Sept.
13, 1993)

3. Economic interest test

– when the process-
discoverer’s
economic interest are
compromised, i.e.,
when others can
import the products
that result from the
process, such an act is
said to be prohibited.

Remedies against 1. Civil action for 1. Civil – i.e. preliminary 1. Injunction

infringers infringement – (IPC, injunction with
Sec 76.3). damages 2. Damages, including
legal costs and other
2. Criminal action for 2. Criminal — remedies expenses, as he may
 infringement available shall also have incurred due to
include the seizure, the infringement as
3. Administrative forfeiture and well as the profits the
remedy destruction of the infringer may have
infringing goods and made due to such
4. Destruction of of any materials and infringement
infringing implements the
material(IPC, predominant use of 3. Impounding during
Sec.76.5). which has been in the the pendency of the
commission of the action sales invoices
offense. and other documents
evidencing sales
3. Administrative
4. Destruction without
any compensation all
infringing copies

5. Moral and Exemplary

damages (IPC, Sec.
216.1); or

6. Seizure and
impounding of any
article, which may
serve as evidence in
the court
proceedings. (IPC,
Sec. 216.2)