OWNERSHIP OF COPYRIGHT

In case of original literary and artistic works, copyright shall belong to the author of the work, who is
defined as the natural person who has created the work.
The owner of copyright in a work is generally the person who created the work the author of the work
The exceptions to this principle are:
In case of joint ownership:
The co-authors shall be the original owners of the copyright.
In the absence of agreement, their right shall be governed by the rules on co-ownership.
If a work of oint ownership 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.
In the course of ep!o"ent:
The employee, if the creation of the obect of copyright is not a part of his regular duties even if
the employee uses the 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.
Wor# Coissione$ Other Than The Ep!o"er% Pa"s For It% Wor# Is &a$e In The Pursuance
Of The Coission'
The person who commissioned the work shall have ownership of the work.
!opyright shall remain with the creator, unless there is a written stipulation to the contrary.
(u$io)isua! Wor#
!opyright shall belong to the
producer,
author of the scenario,
the composer of the music,
the film director,
the photographic director, and
the author of the work adapted.
"ote: #ubect to the contrary or stipulation among the creators, the producer shall exercise the copyright to an
extent re$uired for the exhibition of the work in any manner except for the right to collect performing license
fees for the musical compisitions, with or without words which may be incorporated in to the work.
*etters + (rtic!e ,-. /Ci)i! Co$e of the Phi!ippines0
%etters 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. &owever,
the court may authori'e their publication or dissemination if the public good or the interest of ustice so re$uires.
(n)
!opyright shall belong to the writer
*wnership shall belong to the person whom the letter is addressed and delivered
(uthor
In the copyright sense, is used in its broadest possible meaning not ust the writer of novels or plays but also
those who create computer programs, arrange data in telephone books, choreograph dances, take photographs
sculpt stone, etc.
!an refer either
to the real person who creates a copyrightable work, or
the real person or corporate employer of a person who creates a copyrightable work within the scope of
employment
Wor#s
*riginal intellectual creations in the literary and artistic domain (#ection +,-.+)
*riginality is the basis of copyright (#ection +,-.+)
Tests of 1oint Ownership
+. De minimis test by .rofessor "immer
-. !opyrightable /atter by .rofessor 0oldstein
1ppears to be more favored by the courts
To $ualify as author, one must supply more than mere directions or ideas
1n author actually creates the work2 translates idea into fixed, tangible expression entitled to
copyright protection
3nder the !ivil !ode, none of the co-owners shall, without the consent of the others, make alterations in the
thing owned in common, even though it benefits everyone.
Co+Owner Cannot 2e Infrin3ers
4ecause a co-owner is an owner, he has a right ot use or license the use of the copyright, and cannot be
an infringer.
The duty to account to other co-owners for profits arises from e$uitable doctrines relating to unust
enrichment, and does not amount to an infringement claim
Wor#s For Hire

(non"ous an$ Pseu$on"ous Wor#s

1uthors of these works remain as copyright proprietors but the .ublishers are 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 doubt as to the author5s
identity, or if the author of the anonymous works discloses his identity.
(non"ous Wor#
is a work on the copies of which no natural person is identified as author.
Pseu$on"ous Wor#
is a work on the copies of which the author is identified under a fictitious name.
Cop"ri3ht Protection for (non"ous an$ Pseu$on"ous Wor#s /Section -4.'.0
The copyright shall be protected for fifty (67) years from the date on which the work was first lawfully
published: .rovided, That where, before the expiration of the said period, the author5s identity is revealed
or is no longer in doubt, the provisions of #ubsections -+8.+ and -+8.- shall apply, as the case may be:
.rovided, further, That such works if not published before shall be protected for fifty (67) years counted
from the making of the work.
Sec' 4,5' Pu6!ishe$ E$ition of Wor#
This protection give n to publishers of works of this class if of a limited character and merely restricts
the making by a photographi or similar process of a reproduction of the typographical arrangement of
the edition.
Inte!!ectua! Creation /(rtic!e ,-4% Ci)i! Co$e of the Phi!ippines0
4y intellectual creation, the following persons ac$uire ownership:
(+) The author with regard to his literary, dramatic, historical, legal, philosophical, scientific or other
work2
(-) The composer2 as to his musical composition2
(rtic!e ,--
The author and the composer, mentioned in "os. + and - of the preceding article, shall have the
ownership of their creations even before the publication of the same. *nce their works are published,
their rights are governed by the !opyright laws.
The painter, sculptor or other artist shall have dominion over the product of his art even before it is
copyrighted.
The scientist or technologist has the ownership of his discovery or invention even before it is patented.
(n)
Tra$e+ar#s an$ Tra$e+naes /(rtic!e 7-8% Ci)i! Co$e of the Phi!ippines0
1 trade-mark or trade-name duly registered in the proper government bureau or office is owned by and
pertains to the person, corporation, or firm registering the same, subect to the provisions of special laws.
(n)
9EPOSIT OF COPYRIGHT(2*E &(TERI(*S
1s a general rule, two copies of a published work must be deposited in the !opyright *ffice
within three weeks of publication for the benefit of the %ibrary of !ongress.
1lthough re$uired by the !opyright 1ct, the deposit of copies is not a prere$uisite to or
condition of copyright protection.
9ailure to deposit copies results in the imposition of a fine.
:egistration is permissive, not mandatory. It is not a prere$uisite to the grant of exclusive rights.
1 certificate of copyright registration however constitutes prima facie evidence of the validity
of the copyright and the facts stated in the certificate.
Purpose
!ompletion the records of the "ational %ibrary and the #upreme !ourt %ibrary
Effect of Fai!ure to Re3ister
!onverts the property to public domain.
Certificate of 9eposit /$ifferent fro Certificate of Re3istration0
*nly shows compliance with the deposit re$uirement and that the copyright owner shall then be
exempt from making additional deposits of the works under the law.
Sec' 4:-' Notice of Cop"ri3ht
;ach copy of a work published or offered for sale may contain a notice bearing the name of the
copyright owner, and the year of its first publication, and, in copies produced after the creator<s
death, the year of such death.
Sec' --,' Ownership of 9eposit an$ Instruents'
1ll copies deposited and instruments in writing filed with the "ational %ibrary and the #upreme
!ourt %ibrary in accordance with the provisions of this 1ct shall become the property of the
0overnment. (#ec. =7, .. >. "o. ?@)
Sec' --;' Pu6!ic Recor$s'
The section or division of the "ational %ibrary and the #upreme !ourt %ibrary charged with
receiving copies and instruments deposited and with keeping records re$uired under this 1ct
and everything in it shall be opened to public inspection. The >irector of the "ational %ibrary is
empowered to issue such safeguards and regulations as may be necessary to implement this
#ection and other provisions of this 1ct. (#ec. =+, .. >. "o. ?@)
Sec' --:' Cop"ri3ht 9i)ision Fees'
The !opyright #ection of the "ational %ibrary shall be classified as a >ivision upon the
effectivity of this 1ct. The "ational %ibrary shall have the power to collect, for the discharge of
its services under this 1ct, such fees as may be promulgated by it from time to time subect to
the approval of the >epartment &ead. (#ec. =-, .. >. ?@a)
R<*E 7 Re3istration an$ 9eposit of Wor#
#;!TI*" +. Aho /ay 1pply. B The owner or assignee of the copyright or his duly authori'ed
agent or representative, may apply for a certificate of registration and deposit of the work:
.rovided, That if an author could not claim the benefit of copyright protection, his assignee or
agent cannot claim it. If the applicant is not the owner or author or assignee of the work, he
shall be re$uired to submit his authority to apply. 1n assignee is a person to whom an author
may assign copyright in whole or in part. The assignee is entitled to all the rights and remedies
which the assignor has with respect to the copyright. 1lthough no copyright should subsist in
any work of the government, any employee may claim it by submitting for registration any
work that has been created during the time of his employment but which does not form part of
his regularly prescribed official duties.
#;!TI*" -. Identification of 1uthor or 1uthors. B 1n application for copyright certificate
shall identify the author or authors, as far as practicable, without preudice to the provisions of
#ections +,+.- and +,@ of the I.!.
#;!TI*" 8. "on-:esident 1pplicant. B 1 non-resident applicant shall appoint a resident
agent, by special power of attorney (#.1), who shall be authori'ed to pursue the copyright
application for hisCherCits behalf with T "% andCor the #!% and to receive service of notice or
other legal process relating to the application and the copyright. In the event of death, absence
or incapacity of the resident agent, the applicant shall appoint a new resident agent, by #.1 with
revocation of the prior #.1, and file notice and a copy thereof with T "% andCor the #!%.
#;!TI*" ?. Aorks That #hall 4e :egistered and >eposited. B Two (-) copies or
reproductions of the following classes of works, and transfers and assignments related thereto,
shall be registered and deposited with T"% !opyright >ivision and another two (-) copies with
the #!%: D 4ooks, pamphlets, articles and other writings2 D .eriodicals and newspapers2 D
%ectures, sermons, addresses, dissertations prepared for oral delivery whether or not reduced in
writing or other material form2 D %etters2 D /usical compositions with or without words.
#;!TI*" 6. :eplicas and .ictures. B 9or practical purposes, only replicas and pictures of the
following classes of works, shall be registered and deposited with T"% !opyright >ivision: D
Aorks of drawing, painting, architecture, sculpture, engraving, lithography or other works of
art, models or designs for works of art2 D *riginal ornamental designs or models for articles of
manufacture, whether or not registerable as an industrial design, and other works of applied art2
D Illustrations, maps, plans, sketches, charts and three-dimensional works relative to geography,
topography, architecture or science2 D >rawings or plastic works of a scientific or technical
character.
#;!TI*" =. Aorks that /ay be :egistered and >eposited. B The following works may be
registered and deposited: D >ramatic or dramatic-musical compositions, choreographic works or
entertainment in shows2 D .hotographic works including works produced by a process
analogous to photography, lantern slides2 D 1udiovisual works and cinematographic works and
works produced by a process analogous to cinematography or any process for making audio-
visual recordings2 D .ictorial illustrations and advertisements2 D !omputer programs2 D *ther
literary, scholarly, scientific and artistic works2 D #ound recordings2 D 4roadcast recordings.
#;!TI*" ,. Ahen to :egister and >eposit. B The registration and deposit of copies or
reproductions of the work or works, using the prescribed form, shall be made personally or by
registered mail within three (8) weeks after the first public dissemination or publication as
authori'ed by the author.