STUDY GUIDE: COPYRIGHT LAW (R.A.

8293)

1. What is Copyright?
2. What is the Berne Convention for the Protection of Literary and Artistic Works?
3. What are the works covered by copyright protection under the Intellectual
Property Code (Sec. 172, R.A. 8293)?
4. When is an original work or intellectual creation deemed protected? (Sec. 172.2)
5. What are derivative works; state those protected by copyright (Sec. 173, 173.1,
173.2)
6. What are the Requisites for a Derivative Work to be protected by copyright law?
7. What is the protection given to publishers of published editions of work (Sec.
174)?
8. What are the Works not protected by copyright law? (Secs. 175, 176)
9. What are the two kinds of rights under the copyright law (Section 177) ?
10. What are the economic rights of a copyright owner? (Sections 177– 177.7)
11. What is the Scope of the Moral Rights of an author? (Secs. 193 - 193.4;
amended by Section 17, RA 1037)
12. Can the author refuse to create a work or to have this work published despite
signing a contract or a commission to create and publish his work? (Sec. 194)
o What are the remedies of the employer or person who commissioned
the work in this case?
13. Can an author waive his moral rights to his work? (Sec. 195)
14. What is a Collective Work? (Sec. 196)
o Is there a right to attribution by a contributor to the collective work; can
it be waived?
15. What are neighboring or related rights?
16. Who owns the Copyright? (Sec. 178)
17. What is the term of protection of copyrighted works? (Sec. 213)
18. What are the limitations on copyright and fair use? (Secs. 184, 185)
19. What is Copyright infringement; how is it committed? (Secs. 177; 217.3)
20. What are the Civil Remedies for Copyright Infringement? (Sec. 216 – 216.2;
amended by Sec. 22 of RA 10372)
o Direct and indirect or contributory infringement
o Remedies in Sec. 216 categorized for their purposes – Preventive,
Evidentiary, Compensatory, Punitive
21. What is the “Doctrine of Innocent Infringement”?
22. What are the Criminal Penalties for Copyright Infringement? (Sec. 217-217.2)
23. What is the Statute of Limitation or prescriptive period to claim or recover
damages from copyright infringement? (Sec. 226)

CASES TO READ/DIGEST: see Annex A – attached

REFERENCES:
1. RA 8293 – Intelllectual Property Code of the Philippines
2. Intellectual Property Office website – www.ipophil.gov.ph
3. Supreme Court Decisions - SCRA; sc.judiciary.gov.ph; www.lawphil.net
4. Essentials of Intellectual Property Law – Atty. Ernesto Salao
5. Copyright under the Intellectual Property Code – Atty. Vicente Amador