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3. When does copyright vest?

Section 2. The Rights granted by this Decree shall, from the moment of creation, subsist
with respect to any of the following classes of works
!"# $ooks, including composite and encyclopedic works, manuscripts, directories, and
ga%etteers&
!$# 'eriodicals, including pamphlets and newspapers&
!(# )ectures, sermons, addresses, dissertations prepared for oral delivery&
!D# )etters&
!*# Dramatic or dramatico+musical compositions& choreographic works and
entertainments in dumb shows, the acting form of which is fi,ed in writing or otherwise&
!-# .usical compositions, with or without words&
!/# Works of drawing, painting, architecture, sculpture, engraving, lithography, and other
works of art& models or designs for works of art&
!0# Reproductions of a work of art&
!1# 2riginal ornamental designs or models for articles of manufacture, whether or not
patentable, and other works of applied art&
!3# .aps, plans, sketches, and charts&
!4# Drawings, or plastic works of a scientific or technical character&
!)# 'hotographic works and works produced by a process analogous to photography&
lantern slides&
!.# (inematographic works and works produced by a process analogous to
cinematography or any process for making audio+visual recordings&
!5# (omputer programs&
!2# 'rints, pictorial, illustration, advertising copies, labels, tags, and bo, wraps&
!'# Dramati%ation, translations, adaptations, abridgements, arrangements and other
alterations of literary, musical or artistic works or of works of the 'hilippine /overnment
as herein defined, which shall be protected as provided in 6ection 7 of this Decree.
!8# (ollection of literary, scholarly, or artistic works or of works referred to in 6ection 9
of this Decree which by reason of the selection and arrangement of their contents
constitute intellectual creations, the same to be protected as such in accordance with
6ection 7 of this Decree.
!R# 2ther literary, scholarly, scientific and artistic works.
BERNE CONVENTION
Article 5
[Rights Guaranteed: 1. and 2. Outside the country of origin; 3. In the country of origin; 4.
"Country of origin"]
1! "uthors sha## en$oy% in res&ect of 'or(s for 'hich they are &rotected under this
Con)ention% in countries of the *nion other than the country of origin% the rights 'hich
their res&ecti)e #a's do no' or +ay hereafter grant to their nationa#s% as 'e## as the
rights s&ecia##y granted ,y this Con)ention.
2! -he en$oy+ent and the e.ercise of these rights sha## not ,e su,$ect to any for+a#ity;
such en$oy+ent and such e.ercise sha## ,e inde&endent of the e.istence of &rotection in
the country of origin of the 'or(. Conse/uent#y% a&art fro+ the &ro)isions of this
Con)ention% the e.tent of &rotection% as 'e## as the +eans of redress afforded to the
author to &rotect his rights% sha## ,e go)erned e.c#usi)e#y ,y the #a's of the country
'here &rotection is c#ai+ed.
(0"'T*R 11
2R1/15") W2R46
6ec. :;<. )iterary and "rtistic Works. +
:;<.: )iterary and artistic works, hereinafter referred to as =works=, are original intellectual
creations in the literary and artistic domain protected from the moment of their creation and shall
include in particular
!a# $ooks, pamphlets, articles and other writings&
!b# 'eriodicals and newspapers&
!c# )ectures, sermons, addresses, dissertations prepared for oral delivery, whether or not reduced in
writing or other material form&
!d# )etters&
!e# Dramatic or dramatico+musical compositions& choreographic works or entertainment in dumb
shows&
!f# .usical compositions, with or without words&
!g# Works of drawing, painting, architecture, sculpture, engraving, lithography or other works of art&
models or designs for works of art&
!h# 2riginal ornamental designs or models for articles of manufacture, whether or not registrable as
an industrial design, and other works of applied art&
!i# 1llustrations, maps, plans, sketches, charts and three+dimensional works relative to geography,
topography, architecture or science&
!># Drawings or plastic works of a scientific or technical character&
!k# 'hotographic works including works produced by a process analogous to photography& lantern
slides&
!l# "udiovisual works and cinematographic works and works produced by a process analogous to
cinematography or any process for making audio+visual recordings&
!m# 'ictorial illustrations and advertisements&
!n# (omputer programs& and
!o# 2ther literary, scholarly, scientific and artistic works.
:;<.<. Works are protected by the sole fact of their creation, irrespective of their mode or form of
e,pression, as well as of their content, ?uality and purpose. !6ec. <, '. D. 5o. @9a#
4. 0e&osit of Co&yrighta,#e +ateria#s
6ec. :9:. Deposit and 5otice of Deposit with the 5ational )ibrary and the 6upreme
(ourt )ibrary. "t any time during the subsistence of the copyright, the owner of the
copyright or of any e,clusive right in the work may, for the purpose of completing the
records of the 5ational )ibrary and the 6upreme (ourt )ibrary, register and deposit with
them, by personal delivery or by registered mail, two !<# copies or reproductions of the
work such form as Directors of said libraries may prescribe in accordance with
regulations 'rovided, That only works in a field of law shall be deposited with the
6upreme (ourt )ibrary. 6uch registration and deposit is not a condition of copyright
protection. +
6ec. :9<. 5otice of (opyright. + *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 creatorAs death, the year of such death. !6ec. <;, '. D. 5o. @9a#
(hapter BB
.16(*))"5*2C6 'R2D161256
6ec. <<;. 2wnership of Deposit and 1nstruments. + "ll copies deposited and instruments in writing
filed with the 5ational )ibrary and the 6upreme (ourt )ibrary in accordance with the provisions of
this "ct shall become the property of the /overnment. !6ec. EF, '. D. 5o. @9#
6ec. <<7. 'ublic Records. + The section or division of the 5ational )ibrary and the 6upreme (ourt
)ibrary charged with receiving copies and instruments deposited and with keeping records re?uired
under this "ct and everything in it shall be opened to public inspection. The Director of the 5ational
)ibrary is empowered to issue such safeguards and regulations as may be necessary to implement
this 6ection and other provisions of this "ct. !6ec. E:, '. D. 5o. @9#
6ec. <<9. (opyright Division -ees. + The (opyright 6ection of the 5ational )ibrary shall be
classified as a Division upon the effectivity of this "ct. The 5ational )ibrary shall have the power to
collect, for the discharge of its services under this "ct, such fees as may be promulgated by it from
time to time sub>ect to the approval of the Department 0ead. !6ec. E<, '. D. @9a#
6ec. <:7. "ffidavit *vidence. +
218.1. In an action under this Chapter, an affidavit made before a notary public by or on behalf of
the owner of the copyright in any work or other subject matter and stating that
!a" #t the time specified therein, copyright subsisted in the work or other subject matter$
!b" %e or the person named therein is the owner of the copyright$ and
!c" &he copy of the work or other subject matter anne'ed thereto is a true copy thereof, shall be
admitted in evidence in any proceedings for an offense under this Chapter and shall be prima facie
proof of the matters therein stated until the contrary is proved, and the court before which such
affidavit is produced shall assume that the affidavit was made by or on behalf of the owner of the
copyright.
218.2. In an action under this Chapter.
!a" Copyright shall be presumed to subsist in the work or other subject matter to which the action
relates if the defendant does not put in issue the (uestion whether copyright subsists in the work or
other subject matter$ and
!b" )here the subsistence of the copyright is established, the plaintiff shall be presumed to be the
owner of the copyright if he claims to be the owner of the copyright and the defendant does not put
in issue the (uestion of his ownership.
!c" )here the defendant, without good faith, puts in issue the (uestions of whether copyright subsists
in a work or other subject matter to which the action relates, or the ownership of copyright in such
work or subject matter, thereby occasioning unnecessary costs or delay in the proceedings, the court
may direct that any costs to the defendant in respect of the action shall not be allowed by him and
that any costs occasioned by the defendant to other parties shall be paid by him to such other
parties. !n"
6ection <:7.:. of Republic "ct 5o. 7<93 is hereby amended to read as follows G6ec.
<:7. "ffidavit *vidence. G!c# The copy of the work or other sub>ect matter anne,ed
thereto is a true copy thereof. GThe affidavit shall be admitted in evidence in any
proceeding under this (hapter and shall be prima facie proof of the matters therein stated
until the contrary is proved, and the court before which such affidavit is produces shall
assume that the affidavit was made by or on behalf of the owner of the copyright.H
6ec. <:9. 'resumption of "uthorship. +
21*.1. &he natural person whose name is indicated on a work in the usual manner as the author
shall, in the absence of proof to the contrary, be presumed to be the author of the work. &his
provision shall be applicable even if the name is a pseudonym, where the pseudonym leaves no
doubt as to the identity of the author.
21*.2. &he person or body, corporate whose name appears on an audio+visual work in the usual
manner shall, in the absence of proof to the contrary, be presumed to be the maker of said work. !n"
5. Scope of Copyright
Article 2
Protected Works:
1. Literary and artistic works! 2. Possi"le re#$ire%ent of fi&ation! '. (eri)ati)e
works!
*. +fficial te&ts! 5. Collections! ,. +"ligation to protect! "eneficiaries of protection!
-. Works of applied art and ind$strial designs! .. /ews
!:# The e,pression Gliterary and artistic worksH shall include every production in the
literary, scientific and artistic domain, whatever may be the mode or form of its
e,pression, such as books, pamphlets and other writings& lectures, addresses, sermons and
other works of the same nature& dramatic or dramatico+musical works& choreographic
works and entertainments in dumb show& musical compositions with or without words&
cinematographic works to which are assimilated works e,pressed by a process analogous
to cinematography& works of drawing, painting, architecture, sculpture, engraving and
lithography& photographic works to which are assimilated works e,pressed by a process
analogous to photography& works of applied art& illustrations, maps, plans, sketches and
three+dimensional works relative to geography, topography, architecture or science.
!<# 1t shall, however, be a matter for legislation in the countries of the Cnion to prescribe
that works in general or any specified categories of works shall not be protected unless
they have been fi,ed in some material form.
!3# Translations, adaptations, arrangements of music and other alterations of a literary or
artistic work shall be protected as original works without pre>udice to the copyright in the
original work.
!@# 1t shall be a matter for legislation in the countries of the Cnion to determine the
protection to be granted to official te,ts of a legislative, administrative and legal nature,
and to official translations of such te,ts.
!I# (ollections of literary or artistic works such as encyclopaedias and anthologies which,
by reason of the selection and arrangement of their contents, constitute intellectual
creations shall be protected as such, without pre>udice to the copyright in each of the
works forming part of such collections.
!E# The works mentioned in this "rticle shall en>oy protection in all countries of the
Cnion. This protection shall operate for the benefit of the author and his successors in
title.
!;# 6ub>ect to the provisions of "rticle ;!@# of this (onvention, it shall be a matter for
legislation in the countries of the Cnion to determine the e,tent of the application of their
laws to works of applied art and industrial designs and models, as well as the conditions
under which such works, designs and models shall be protected. Works protected in the
country of origin solely as designs and models shall be entitled in another country of the
Cnion only to such special protection as is granted in that country to designs and models&
however, if no such special protection is granted in that country, such works shall be
protected as artistic works.
!7# The protection of this (onvention shall not apply to news of the day or to
miscellaneous facts having the character of mere items of press information.

Article 2"is
Possi"le Li%itation of Protection of Certain Works:
1. Certain speeches! 2. Certain $ses of lect$res and addresses! '. 0ight to %ake
collections of s$ch works
!:# 1t shall be a matter for legislation in the countries of the Cnion to e,clude, wholly or
in part, from the protection provided by the preceding "rticle political speeches and
speeches delivered in the course of legal proceedings.
!<# 1t shall also be a matter for legislation in the countries of the Cnion to determine the
conditions under which lectures, addresses and other works of the same nature which are
delivered in public may be reproduced by the press, broadcast, communicated to the
public by wire and made the sub>ect of public communication as envisaged in "rticle
::bis!:# of this (onvention, when such use is >ustified by the informatory purpose.
!3# 5evertheless, the author shall en>oy the e,clusive right of making a collection of his
works mentioned in the preceding paragraphs.
(0"'T*R 11
2R1/15") W2R46
6ec. :;<. )iterary and "rtistic Works. +
1,2.1 -iterary and artistic works, hereinafter referred to as .works., are original intellectual
creations in the literary and artistic domain protected from the moment of their creation and shall
include in particular
!a" /ooks, pamphlets, articles and other writings$
!b" 0eriodicals and newspapers$
!c" -ectures, sermons, addresses, dissertations prepared for oral delivery, whether or not reduced in
writing or other material form$
!d" -etters$
!e" 1ramatic or dramatico+musical compositions$ choreographic works or entertainment in dumb
shows$
!f" 2usical compositions, with or without words$
!g" )orks of drawing, painting, architecture, sculpture, engraving, lithography or other works of
art$ models or designs for works of art$
!h" 3riginal ornamental designs or models for articles of manufacture, whether or not registrable as
an industrial design, and other works of applied art$
!i" Illustrations, maps, plans, sketches, charts and three+dimensional works relative to geography,
topography, architecture or science$
!j" 1rawings or plastic works of a scientific or technical character$
!k" 0hotographic works including works produced by a process analogous to photography$ lantern
slides$
!l" #udiovisual works and cinematographic works and works produced by a process analogous to
cinematography or any process for making audio+visual recordings$
!m" 0ictorial illustrations and advertisements$
!n" Computer programs$ and
!o" 3ther literary, scholarly, scientific and artistic works.
1,2.2. )orks are protected by the sole fact of their creation, irrespective of their mode or form of
e'pression, as well as of their content, (uality and purpose. !4ec. 2, 0. 1. 5o. 6*a"
6ec. :;3. Derivative Works. +
1,7.1. &he following derivative works shall also be protected by copyright
!a" 1ramati8ations, translations, adaptations, abridgments, arrangements, and other alterations of
literary or artistic works$ and
!b" Collections of literary, scholarly or artistic works, and compilations of data and other materials
which are original by reason of the selection or coordination or arrangement of their contents. !4ec.
2, 90: and 9;:, 0. 1. 5o. 6*"
1,7.2. &he works referred to in paragraphs !a" and !b" of 4ubsection 1,7.1 shall be protected as a
new works 0rovided however, &hat such new work shall not affect the force of any subsisting
copyright upon the original works employed or any part thereof, or be construed to imply any right
to such use of the original works, or to secure or e'tend copyright in such original works.!4ec. 8, 0.
1. 6*$ #rt. 1<, &=I04"
6ec. :;@. 'ublished *dition of Work. + 1n addition to the right to publish granted by the author, his
heirs or assigns, the publisher shall have a copy right consisting merely of the right of reproduction
of the typographical arrangement of the published edition of the work. !n#
(hapter 1D
W2R46 52T 'R2T*(T*D
6ec. :;I. Cnprotected 6ub>ect .atter. + 5otwithstanding the provisions of 6ections :;< and :;3, no
protection shall e,tend, under this law, to any idea, procedure, system method or operation, concept,
principle, discovery or mere data as such, even if they are e,pressed, e,plained, illustrated or
embodied in a work& news of the day and other miscellaneous facts having the character of mere
items of press information& or any official te,t of a legislative, administrative or legal nature, as well
as any official translation thereof. !n#
6ec. :;E. Works of the /overnment. +
1,>.1. 5o copyright shall subsist in any work of the ?overnment of the 0hilippines. %owever, prior
approval of the government agency or office wherein the work is created shall be necessary for
e'ploitation of such work for profit. 4uch agency or office may, among other things, impose as a
condition the payment of royalties. 5o prior approval or conditions shall be re(uired for the use of
any purpose of statutes, rules and regulations, and speeches, lectures, sermons, addresses, and
dissertations, pronounced, read or rendered in courts of justice, before administrative agencies, in
deliberative assemblies and in meetings of public character. !4ec. *, @irst 0ar., 0. 1. 5o. 6*"
1,>.2. &he #uthor of speeches, lectures, sermons, addresses, and dissertations mentioned in the
preceding paragraphs shall have the e'clusive right of making a collection of his works. !n"
1,>.7. 5otwithstanding the foregoing provisions, the ?overnment is not precluded from receiving
and holding copyrights transferred to it by assignment, be(uest or otherwise$ nor shall publication
or republication by the government in a public document of any work in which copy right is
subsisting be taken to cause any abridgment or annulment of the copyright or to authori8e any use
or appropriation of such work without the consent of the copyright owners. !4ec. *, &hird 0ar., 0. 1.
5o. 6*"

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