LAW ON INTELLECTUAL PROPERTY NOTES

ATTY. PATRICK HENRY M. VILLANUEVA

R.A. No. 8923 (approved on June 6, 1997), as amended by R.A.9150 (2001)

THE LAW ON COPYRIGHTS (Secs. 171-229, IPC)

I: Important terms to remember:

1. Author a natural person who has created the work

2. Collective work that which is created by two 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 the contributing natural persons will not be identified.

3. Communication to the public making of a work available to the public in such a way that
members thereof may access those works from a place and time chosen by them.

4. Reproduction making of one or more copies of a work in any manner or form

5. Work of the government of the Philippines work created by a government employee as part
of his regularly prescribed official duties.

II: General principles:

Copyright defined:
- it has something to do with rights of intellectual creators, specifically
authors;
- it is that system of legal protection an author enjoys when he expresses his
ideas;
- statutorily, this refers to the exclusive right to publish and reproduce, sell,
license or even exploit a literary or artistic work of a person

Q: To whom belongs a work?

A: We must distinguish: (sec. 181, IPC)
*copyright belongs to the author, his heirs or assigns
*material object belongs to whomsoever was the transferee of this by reason of sale,
donation or otherwise; however, these modes of transfers do not divest the owner of the
copyright of his rights thereto.

Q: When does copyright protection or the right itself start?

A: Under the law, no formality is required so that the author may be vested with the right of
copyright. Basis is the Berne Convention of 1948 which provided that the enjoyment and
exercise of these rights shall not be subject to formality.

*** Thus, the doctrine laid down by the Supreme Court in the case
of Santos vs. MacCullough, 12 SCRA 321 requiring registration of a
copyright so that the author can lay claim on this right has already
been abandoned.

Q: When can there be a copyrightable work?

A: Only when two requirements are met:

a. originality (172.1, IPC)

b. expression because copyright protection shall extend only to expressions (those

physically manifested) and not to ideas, procedures, methods of operation or
mathematical concepts as such. (sec. 175, IPC)

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 * there must be a medium which is at least with some
permanency to allow it to be perceived, reproduced or
otherwise used that is communicated to the public or must
at least be expressed in such a manner as to leave no doubt
that there is an intellectual creation.

Q: How about as to published works, are there rights afforded the publisher?
A: Yes. The law grants the publisher a distinct copyright, that is, the right of reproduction of the
typographical arrangement of the published edition of the work. (sec. 174, IPC)

* it is only the type of print and the originality introduced

by the printing and publishing that are protected by the
copyright.

Q: What is meant by originality (172.1, IPC)?

A: It does not mean novelty or ingenuity, neither uniqueness nor creativity. It simply means that
the work owes its origin from the author or that it is one considered as an independent creation of
the author.

* it is enough that the author be able to prove that

something in the work is due to him, this not being trivial /
immaterial / very slight thing that can be considered and
that this entitles him to copyright protection.

* thus, adaptations, abridged works and the like are

likewise copyrightable so long as there is originality
sufficient to warrant copyright protection.

* covered is an instance where the author, through his skill

and effort, has contributed a distinguishable variation in his
creation when the same is compared to the older works.

- in such a case, only those parts as are considered

new are protected by copyright (considered a separate and
distinct copyright as it is new) so that it does not affect
subsisting copyrights;

- neither does the new copyright be construed to

imply any right by the new author over the original
work(s), nor secure or extend to him (new author)
copyright in such original work(s). (sec. 173, IPC)

Q: When is there expression?

A: By expression is meant fixation: that there must be something ( a work) that is tangible. It is
fixation that defines the time from when copyright starts. Thus, before fixation, there can be no
copyright and resultantly, there can be no infringement.

- to be fixed, a work must be embodied / preserved in some medium sufficiently

permanent for (1) perception, (2) reproduction or (3) communication not
only for the time beingbut at least for a considerable length of time.

- it is not required that the medium be visible so long as there is a possibility

that the work can be retrieved; if this is had, then, there is fixation. (examples
of mediums that can be used would be writing, recording, encoding, painting
or anything so long as one comes up with a physical specimen capable of
being retrieved anytime.)

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Q: What if the creator and the recorder are two different persons, to whom shall belong the
copyright?
A: It depends.

a) creator - does work (either a poem, song or tune)

fixator - fixes or records the work without authority, then, no one owns the
copyright

NB: This presupposes that the creator cannot or is unable to reproduce or

redo the work anymore because if he is able to do so later on and he
allows or directs another to record the same for him, then he shall own the
copyright over the recorded work.

b) creator - does work

fixator - fixes or records the work with ratification later by the creator, then, it is to
the creator that the copyright shall belong.

Q: How long shall a copyright last?

A: Fifty (50) years from the death of the creator, as a general rule. (sec. 213, IPC)

- the 50 years period shall be counted January 1 of the year following the event
which gave rise thereto; thus, January 1 of the next succeeding year. (sec. 214,
IPC)

joint creation 50 years to be counted from the death of the last surviving co-creator
applying the general rule.
Anonymous / Pseudonymous works it lasts until 50 years following the date of first
publication.
Photographic works (includes audiovisual works produced by photography or
analogous processes) 50 years from publication of the work, or from making.
Newspaper articles treated as a literary work, thus, 50 years counted from the death
of the author
BUT: IMPT. (sec. 175, IPC)
- mere news of the day or other miscellaneous facts having the character of
mere items or press information are denied copyrightability. (ex: a purely
news report)

Exception to the 50 years period of protection:

1. works of applied art 25 years from the date of making

- an apllied art is any artistic creation with utilitarian function or something
incorporated in a useful article. (The Baguio ashtray)

Q: Are repulsive, obscene, immoral or unchaste works copyrightable?

A: Yes. Section 172.2 provides that (w)orks are protected by the sole fact of their creation,
irrespective of their mode of expression as well as of their content, quality and purpose.
- however, the author or the publisher, if the work is published, may be held
criminally liable for violation of the law (RPC) which may include an action
for the forfeiture of their works by the government under its police power.

III: The subjects of Copyright:

a. Books, pamphlets, etc. (172.1a, IPC)

- these include tables, compilations and composite works (derivative works)
those composed, compiled and / or collected from pre-existing or different
materials.(173.1, IPC); provided that only the selection and arrangement of
the work are what are considered contributed by the composite author / creator
/ editor and are likewise the only ones that are considered the subject of his
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 copyright; and provided finally that these works (compilations) shall not
affect the force of any subsisting copyright upon the original works. (sec.
173.2, IPC).

Q: What if the composite author s use of the underlying material is unauthorized, does copyright
vest?
A: It depends. (172.2)

a. No. While it is true that to adopt is a right under the law on copyrights,, the adopter
who adopts without authority is liable for infringement; where there is infringement,
there is no copyright protection as the work is not copyrightable.

b. Yes. If with the authority of the original author (his heirs or assigns), a derivative
work is produced and the same is for a legitimate purpose, the deriver may apply for
copyright over the said work.

. * How about in compilations, does the same rule apply?

- No because by express provision of law, they are copyrightable. (173.1b, IPC)
* * The only limitation on the copyrightability of compilations is in respect to
speeches, lectures, sermons, addresses and dissertations wherein only the author can
make compilations thereof. (sec. 176.2, IPC)

Q: What is meant by the so-called fair-use doctrine?

A: It is another limitation on copyright which allows
a. use of a copyrighted material for criticizing, commenting, and news reporting; or
b. use of the copyrighted material for instructional purposes, including production of
multiple copies for classroom use, for scholarship, research and similar purposes.
(sec. 185, IPC)

Criteria for application:

1. purpose and character of the use (in accordance with secs. 184.1, c-d and 184.2, IPC)
- provided only that in using the material, the following must concur:

i. delivery in public must be for information purposes;

ii. the article to be reproduced or communicated, if by mass media, must not be
expressly reserved; and
iii. the source must be clearly identified / indicated

2. the nature of the copyrighted work

- thus, where the work really is one designed for information dissemination
rather than a creative or imaginative work, there is greater leeway for free use.

* it is important to note that even unpublished works are subject to fair-use (sec
185, IPC)

3.amount and substantiality of the portions used

- substantiality is to be determined by examining the infringing work; thus
where the infringing material constitutes a significant portion of the original
work, then, there is substantiality.

4. effect of the use upon the potential market of the copyrighted work
- often, this is the most important thing to consider for it has to do with the very
purpose of the incentive offered in copyrights, that is, it being considered an
economic right in itself.

- it is not the actual harm that that the use of the copyrighted material would
sustain that is important but it is the POTENTIAL HARM that it might suffer.

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 - It is then more than sufficient if one is able to prove that the use of the
infringing material in a manner it is so used is potentially harmful to the
original work; thus, INFRINGEMENT is present.

Some indications of unfair use:

use reduces the demand for the original work
use prejudices potential sale or profit
use of a work that is a substitute for the original work
using material of a rival for ones benefit

b. Periodicals and newspapers (sec. 172.1b) read in relation to 184.1c, IPC on express
reservation

Rule: - without express reservation on a work or article, it may be reproduced and

disseminated without fear of infringement on three conditions:
a. it (article, lecture or address) has to refer to current political, social, economic,
scientific or religious topic;
b. it must have been delivered in public; and
c. the dissemination must be for purposes of information

*** If all are present, then the news article as a literary production, is entitled to
copyright; however, the news itself is not

Q: Why not?
A: 175, IPC excluded from copyright are news of the day and other miscellaneous facts
having the character of mere items of press information.

*** Also important is the rule in sec. 180.3, IPC

- A writer, artist or photographer who submits a work to a newspaper /
periodical editor for publication thereby licenses such editor to publish the
work only once unless there is a stipulation to the contrary.

c. Lectures, sermons, addresses, etc. (172.1c, IPC) whether or not reduced in writing or
other material form

- this must be construed to the effect that so long as there is evidence of

preparation / fixation, the same becomes copyrightable

- it refers only to ORAL DELIVERY as being copyrightable so long as there is

fixation (or evidence of its preparation)

- to repeat: only authors of speeches, lectures, etc. can make compilations of

their work EXCEPT when there is authority granted by the author himself to
another for the said compilation (sec. 176.2, IPC)

Q: If lectures, sermons, etc. are broadcasted, are there rights that attach to the lecturer? How
about to the station?
A: a) as to the lecturer it depends
- if the so-called simultaneous fixation concept is present (wherein the work
consisting of sound, images, or both that are being transmitted is FIXED for
purposes of enjoying copyright and the fixation of the work is being made
simultaneous with its transmission) provided that fixation IS WITH THE
AUTHORITY OF THE LECTURER / SPEAKER, copyright belongs to the
latter

- if fixation is without authority, there is no copyright

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Q: When is there performance for profit as an indicia of infringement?
A: Performance of a work (such as playing of music) where the costumers pay primarily for the
food and drink is performance for profit because the music is used for inducing the public to
patronize the establishment and to pay for the entertainment in the purchase of food and drinks;
thus, there is already an actionable wrong that leads to a finding of infringement. (Filipino
society of Composers, Authors and Publishers, Inc. vs. Tan, GR No. 62402, March 16, 1987)

d. Letters (172.1d, IPC)

- must be read with Article 723 of the New Civil Code

- however, in these instances, the Court may authorize the publication or
dissemination of the letter notwithstanding the copyright thereon (as an
unpublished work) when the public good or interests of justice so require.

e. Dramatic or dramatico-musical compositions, etc. (172.1e, IPC)

- under these are plays, ballets, operas, musicals, reviews and the like.

dramatico-musical composition one containing not only a plot, characters and

acting but also some musical accompaniment

- where the song is written as part of a dramatic sketch, it remains within the
dramatico-musical category despite minimal dialogue or action therein

NB: This distinction is important because of sec. 184.1a of IPC which allows
some performances or recitations (for individual, religious or charitable purposes)
without liability for infringement after the work has been lawfully made
accessible to the public.
- concomitantly, the singing of a song that is within an opera which is not
yet made accessible to the public is infringement as the song has no legal
existence separate from the opera.

- as to dumb shows (pantomimes), the only requirement is that the acting form
be fixed in some medium for copyright protection; however, excluded here are
social dance steps and simple routines.

f. Musical compositions, with or without words (172.1f, IPC)

a. where the composition consists both of lyrics and melody, together, they enjoy the
copyright.
- lyrics alone is dealt as a literary work subject of copyright

b. mere embellishments / change are not considered creations; they must be substantial
so as to be copyrightable.

g. works of drawing, painting, architecture, etc. (172.g, IPC)

a. works here are either 2 dimensional or 3 dimensional and must embody some creative
authorship in its delineation or form because to be an ART, there must be
CREATIVITY.

b. works of architecture being protected, refers to copying from an architectural plan

that is copyrighted in which case, there is infringement.

- important is sec. 186, IPC the right to control erection of any building which
reproduces the whole or substantial part of the work (architectural plan), either

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 in its original form, or in any form recognizably derived from the original is
infringement
- however, once the structure is constructed based on the plan, there is no more
right to control reconstruction or rehabilitation because the copyright
protection does not extend to the structure erected.

Q; What if the work of art is to be mass produced, may it be copyrighted? What about if there is
already patent over some parts thereof as when in cases of gadgets?
A: Yes. Even if the work is entitled to be patented as a design, the same (the art) may be
copyrighted on the basis of the Supreme Court decision in the case of United Feature Syndicate
vs. Munsingwear, GR No. 76193, November 9, 1989.

Q: Is public display of an art that is copyrighted and was merely bought considered
infringement?
A: No. A person who buys a copyrighted material is entitled to display it publicly, whether or not
it be the original or merely a copy thereof. (sec. 184.1, IPC)

- Important: Excepted only in this rule are works produced by film, slide,
television image or analogous processes because public display of these works
constitute publication which is considered infringement on the copyright as an
economic right.

- also, photographing, filming or sketching a work of art and distributing copies

thereof is not infringement so long as the work of art is either

a. permanently situated in a public place, or

b. in premises open to the public

in these instances, reproduction of the work of art that evidences

originality may be considered an adaptation or alteration of an
artistic work under sec. 173.1, provided that the use of the underlying
work be legal. Without originality, it cannot be the subject of
copyright. This is known as the INTERLEGO DOCTRINE OF THE
ENGLISH LAW.

h. Original ornamental designs or models for articles of manufacture, etc. (sec. 172.1h,
IPC)

work of applied art, defined (sec. 171.10) it is an artistic creation with utilitarian
functions or incorporated in a useful article, whether made by hand or produced on an
industrial scale.
- thus -
a. an artistic design / creation that is copyrightable may either be
i. the useful article itself; or
ii. anything incorporated therein.

b. also added as a requirement for it to be copyrightable , aside from

ORIGINALITY and EXPRESSION, there must likewise be ARTISTRY,
without which, it is merely a utility not subject to copyright.

- even if the article is to be mass produced, it may still be copyrighted

- registrability of the article as an industrial design or under any other item under IPC
does not affect copyrightability
- COPYRIGHT protects only the design
- INDUSTRIAL DESIGN (PATENT) protects functionality of the device /
product
* Test for copyright protection:

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 - Does the work have an element that is physically or conceptually identifiable as
separate from its utilitarian aspects? If yes, then it is copyrightable; otherwise, no.
i. Illustrations, maps, plans, sketches, etc. (Sec. 172, IPC)

What is copyrightable on maps is the selection, arrangement and presentation of its

component parts.

- thus:

* where a map is based on other maps, it must bear ORIGINALITY; otherwise, it

is not copyrightable.

* drawings and illustrations, in the same manner, are copyrightable

* models / drawings / representations of body parts are also covered and protected
under this item.

j. Photographic works and works produced by processes analogous to photography;

lantern slides (Sec. 172.1k, IPC)

Q: Why are photographs copyrightable when there is hardly anything creative or original in
them?
A: They are copyrightable as they are original in themselves; in other words, there is
ORIGINALITY in them.

Originality based on a. selection of the subject or the background thereof

b. arrangement of the subject or background
c. lighting arrangement
d. posing of the subject
e. shade arrangement

k. Audiovisual works and cinematographic works, etc. (Sec. 172.1L, IPC)

Important to remember: - live telecasts are not protected under this heading; however,
computer games are included as protected under this title.

audiovisual recordings includes auditory accompaniment of a movie; thus,

soundtracks of movies are also copyrighted by the same copyright protection granted
to the movie itself.

if a cinematographic work as in the case of a documentary include footages that are

within the public domain, it is the documentary as such (the selection of the material,
commentaries, sequencing and the like) which is protected by the copyright and not
the footage itself.

l. Pictorial illustrations and advertisements (Sec. 172.1m, IPC)

Repeat: copyright protection is distinct from other protections granted under the Code.

Thus:

even if there is nothing novel about an advertisement will not preclude copyright
protection as NOVELTY, although a requirement in patents, is not so required in
copyrights.

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 a registered trademark that is confusingly similar with a pictorial illustration or an
advertisement is not also a bar for copyright protection if sought for the latter.

NB: - Advertisers who cause their advertisements to be published in newspapers or

magazines must affix their own copyright therein for protection because the protection
granted to newspapers or magazines are not enough to guarantee protection of the
advertisements contained therein as they are considered separate and distinct therefrom
and thus, must likewise be separately protected.

BUT: If the copyright owner of the advertisement and the newspaper or magazine
is one and the same person, the newspaper or magazine copyright extends
its protection to the advertisement.

Q: Would a single word (such as a label) enjoy copyright protection?

A: It is suggested that the answer should be in the negative. While under such circumstances, the
same could be applied for as a trademark, the same may not be done for copyright not unless an
appreciable amount of original text or that a pictorial material is included therein.

- a label must go beyond a mere trademark and must have some value as a
composition for it to be entitled to copyright protection.

m. Computer programs (Sec. 172.4; sec. 2, n, IPC)

computer programs defined:

- 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, of causing the
computer to perform or achieve a particular task or result.

- computer games do not fall here; they are protected under audiovisual works and related
works since the movement of the characters here are not distinguishable, apart from
literary considerations, from that in a movie.

- the different commands in themselves are not copyrightable for they are mere ideas
that are excluded from copyright protection.

exception: when the commands are fixed in some stable medium or are
otherwise preserved in some physical or tangible form easily accessed at any time
and at any place (such as in a floppy disc), copyright may attach.

Important: Sec. 189.1, IPC

- allowing the lawful transferee of a computer program (such as a purchaser) to

reproduce a back-up copy or even to adopt the program as long as the
adaptation is necessary for the purpose for which the computer program has
been obtained.

n. Dramatizations, translations, adaptations, etc. (Sec. 173.1, a & b, IPC)

- These are those that are referred to as derivative works

- On the basis of what is provided for under Art. 5, NCC, no right can vest in an unlawful
and/or criminal use of a copyrighted material

- thus:

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 where the deriver, using copyrighted material without the consent of the owner
thereof, claims copyright over his derivative work, the claim is unavailing by reason
of sec. 216.1, IPC offering the original owner remedial measures making it
impossible for the deriver to claim protection. These measures include the following:

1. injunction
2. damage suit
3. delivery of infringing materials, etc. for destruction
4. delivery of receipts, invoices, documents, etc. for impoundment

COMPILATION vs. DERIVATIVE WORKS

a. original material is not altered a. there is alteration

b. the right to compile is not a right b. to derive is a right under copyright
of copyright
c. in some instances, only the author c. anyone can derive
can compile

transcription of works that are existing are in themselves copyrightable even if the
only thing done is to render the manuscript legible.

Q: Where a compiler unlawfully compiles works, what is the status of his work?
A: It is likewise bereft of merit as to be afforded copyright.

Exception: - where the FAIR USE DOCTRINE is applicable

Q: As to derivative works, if the work is authorized for cinematographic purposes, who

determines further adaptations?
A: The right to control further adaptations in these cases belong to the original author, not to the
cinematographic author or adopter (GATT 94, sec. 14.2)

o. Other literary, scholarly, scientific and artistic works, (Sec. 172.1o, IPC)

- this title is a catch all item to cover present and future works not specifically falling
under other items protected

- what is required only is that those that would come under this item must belong to the
same genus as those provided in this category

IV: The Rights of Copyright. (Sec. 177, IPC)

1. Reproduction of the work or a substantial portion thereof. (Sec. 177.1)

the right to reproduce the most elemental to a copyright owner

without the owners consent, reproduction becomes infringement

reproduction defined (Sec. 171.9) it is the making of one or more copies or a sound recording
in any manner or form

Q: Is sound recording of a literary piece reproduction?

A: Yes, under 171.9, IPC. Thus, verbalizing a literary piece, if done without the consent of the
owner thereof, is considered infringement.
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 NB: - for there to be infringement in this case, that reproduced must be the whole work or
a substantial portion thereof; trivial or minor reproductions (as in the case of a line of a song used
in commercials) are allowed.

Q: May the right to reproduce be transferred?

A: Yes, as in publishing contracts whereby the copyright owner allows another the publication of
his work subject only to payment of royalties.

2. Dramatizations, translations, adaptations, abridgements, etc. (Sec. 177.2, IPC)

it is clear that the owner of the copyright controls the adaptation of the work

- important, however, is that in such cases where there is granted authority to

adopt, the author, even without explicit authorization, impliedly grants for the
editing, adaptation or arrangement of the work in order to make it suitable to
the medium of the adopter. (Sec. 197, IPC)

Q: In such a case, may there still be infringement?

A: Yes, as when it can be shown that:

a. the editing of the work or the adaptation did more than what
was needed;
b. where the work is altered in an appreciable manner as to make
it a different work already.

3. First public distribution of the original and each copy of the work by sale or other forms
of transfer of ownership. (Sec. 177.3, IPC)

the right to first public distribution of the original

Q: Why first?
A: Because the right to do so is part of the economic rights granted in copyright.
It is what makes copyright rewarding as the same is considered an incentive in
a manner that the Constitution intended it to be.

BUT once transferred, it is now to the new owner of the original / copy
that belongs the control over subsequent transfers as this is one of
the incidents of ownership.

- thus, the law does not recognize further rights of the copyright
owner in subsequent transfers.

Q: Is this rule applicable to all works (i.e. pictorials, graphics, sculptures and
paintings) ?
A: It is suggested that the answer is in the affirmative because the law simply
mentions original and each copy of the work.

however, note that for creators of paintings and sculptures and to authors and
composers in regard to their manuscripts, sec. 200 of the IPC provides to them an
inalienable right to participate in the gross proceeds of the sale or lease of the object
to the extent of 5%.

this title likewise include the right to make performances (i.e. rendering a song),
whether done for profit or not.

Q: Is performance per se infringement?

A: No. What is prohibited is public performance that is done by another without
consent of the owner of the work; however, if the performance is private, there
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 is no infringement.

NB: The performances , productions and reproductions under sec. 5, IPC, read
with sec. 10, par. 1 & 2, refer to public performances as constituting
infringement.
4. Rental of the original, or a copy of the work, etc. (sec. 177.4, IPC)

this is limited in scope as it applies only to:

a. cinematographic or audiovisual works

b. sound recordings
c. computer programs

so as to assist producers thereof to derive profits therefrom by rental as it is their

primordial concern.

this is then viewed as a protection for the producers who can thus stipulate on rentals,
to allow the same or not.

rental defined (sec. 171.8, IPC) it is the transfer of the possession of the original copy of a
work for a limited period of time for profit-making purposes.

* Important: irrespective of ownership of original or copy...

- original owner still retains control over further rentals of the same as it is a
right under copyright.

Thus: A leases a work to B, B sublets the same to C who in turn further sublets the
same to D, A still has control over the rental because it is a right that vests with
him by law.

5. Other rights:

Sec. 177, IPC:

a. Right to public display of their works but this does not apply anymore if and when
their works have been lawfully transferred to another

- Thus, if a person buys a work of art from an art gallery, he can have it
displayed anywhere he wishes to without fear of suit for infringement by the
painter thereof.
b. Right to public performance
c. Right to have his work through other forms of communication to the public

Sec. 193, IPC: The so-called moral rights:

a. Right to be attributed authorship of his work that his name, as far as practicable, be
indicated in a prominent way on the copies of his work and on some other public use
thereof;

b. Right to make alterations on his work, or to withhold its publication

c. Right against distortion, mutilation or other modification of his work which he deems
as threatening to his integrity, honor or reputation
d. Right not to be associated with the work of others or with his distorted work

V: The Limitations on Copyright:

sec. 184, IPC: ( no infringement in the following cases )

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a. recitation or performance of the work that has already been lawfully made accessible
to the public, (i) if done privately and free of charge or (ii) if made strictly for a
charitable or religious institution

b. the making of quotations from a published work including those made in newspaper
articles and periodicals so long as they are properly attributed to the author

c. reproduction or communication to the public by mass media of articles on current

political, social, economic, scientific or religious topic and the like which are
delivered in public so long as the use thereof has not been expressly reserved and to
the owner thereof, there is proper acknowledgment

d. inclusion of a work in a communication to the public if the same is through

illustration for teaching purposes so long as it is compatible with the fair-use doctrine
and that there be proper acknowledgment

e. recordings made in learning institutions of a work included in a broadcast for use

therein by these institutions, provided that they are deleted within a reasonable time
after their first broadcast and provided further that it cannot be made from audiovisual
works that form part of the general cinema

f. use of ephemeral recordings for own use

g. use of a work by or under the direction of the government, by the National Library or
by educational, scientific or professional institutions for public interest and so long as
it complies with the fair-use doctrine

h. public performance or communication of a work in a place for free made by

associations or institutions for charitable or educational purposes only, and where the
aim is not profit making subject to other conditions as may be provided for by law

i. public display of the original or a copy of the work not made by means of films, slide,
television image or otherwise on screen, provided that the work has been published or
that the original or copy displayed has been sold or legally transferred by the author
or his successor-in-interest

sec. 185, IPC: - the fair-use doctrine

sec. 187, IPC:

- private reproduction of a published work in a single copy by a natural person

exclusively for research and private study; (no need for authorization from the
owner of the copyrighted work)

sec. 188, IPC: - reprographic reproduction by libraries

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

ii. where the works are isolated articles contained in composite works or brief
portions of other published works so that reproduction of the work makes it
more expedient so as to have a copy thereof rather than giving out the
numerous volumes

iii. where the making of such copy is in order to preserve and / or replace a copy
which has been lost , destroyed or rendered unusable and copies are not
available from the publisher

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 sec. 189, IPC: - reproduction of a computer program in one (1) back-up copy
sec. 190, IPC: - importation for personal purposes of not more than one (1) copy
when copies of the work are not available here in the Philippines, or for three (3)
copies, as the case may be.
Q: Are the requirements under sec. 191, IPC (registration and deposit) necessary to be complied
with so as to maintain an infringement suit or a damage suit?
A: No. These requirements are simply for records purposes. They are not conditions precedent
for the filing of suits for infringement or damages.
Q: What is the so-called decompilation as being allowed under the doctrine of fair-use?
A: It is the reproduction of the code and translation of the forms of the computer program to
achieve the interoperability of an independently created computer program with other programs.

VI: The Related Rights of Copyright:

A. The Performers Rights, (sec. 203, IPC)

1. the right to authorize broadcasting and other communication of their performance;

2. the right to authorize fixation of their unfixed performances;
3. the right to authorize the direct or indirect reproduction of their performances fixed in sound
recordings;
4. the right to authorize the first public distribution of the original and copies of their
performance fixed I n sound recordings through sale or rental or other forms of transfer of
ownership
5. the right to authorize the commercial rental to the public of the original and copies of their
performances fixed in sound recordings even after distribution thereof;
6. the right to authorize the making available to the public of their performances fixed in sound
recordings, by wire or wireless means in such a way that the public may access them from a
place and time individually chosen by them

NB: -subject to the payment of additional remuneration equivalent to not

less than 5% of the original compensation for the first communication / broadcast
of the performance to be received by the performer (sec. 206, IPC), once the
performer has authorized the broadcasting or fixation of his performance, the
provisions of sec. 203, IPC shall have no further application.

B: The Moral Rights of Performers, (sec. 204, IPC)

- as regards the live aural performances or performances fixed in sound

recordings, the performers have the right to claim to be identified as the
performer, except where the omission is dictated by the manner of the use of
the performance

- to object to the distortion, mutilation or other modification of his performance

that would be prejudicial to his reputation

- to accept contracts with terms and conditions more favorable to them in

respect of any use of their performance (sec. 207, IPC)

C: The Rights of Producers, (sec. 208, IPC)

1. the right to authorize the direct or indirect reproduction of their recordings, in any manner or
form;
2. the right to authorize t he f irst public distribution of the original or copies of their sound
recordings through sale or rental or other forms transferring ownership
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 or through their authority of the recordings
4. the right to put the reproductions in the market

D: The Broadcasters Right: (sec. 211, IPC)

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- see supra on the discussion on lectures and sermons

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