II. CONSTITUTION
Article XIV, Section 15. Arts and letters shall enjoy the patronage of the State.
Article XII, Section 6. The use of property bears a social function, and all The State shall conserve, promote, and popularize the nation’s historical and
economic agents shall contribute to the common good. Individuals and private cultural heritage and resources, as well as artistic creations.
groups, including corporations, cooperatives, and similar collective
organizations, shall have the right to own, establish, and operate economic Article XIV, Section 16. All the country’s artistic and historic wealth constitutes
enterprises, subject to the duty of the State to promote distributive justice and the cultural treasure of the nation and shall be under the protection of the State
to intervene when the common good so demands. which may regulate its disposition.
Article XII, Section 14. The sustained development of a reservoir of national
talents consisting of Filipino scientists, entrepreneurs, professionals, Article XIV, Section 17. The State shall recognize, respect, and protect the rights
managers, high-level technical manpower and skilled workers and craftsmen of indigenous cultural communities to preserve and develop their cultures,
in all fields shall be promoted by the State. The State shall encourage traditions, and institutions. It shall consider these rights in the formulation of
appropriate technology and regulate its transfer for the national benefit. national plans and policies.
The practice of all professions in the Philippines shall be limited to Filipino
citizens, save in cases prescribed by law. Article XIV, Section 18. (1) The State shall ensure equal access to cultural
opportunities through the educational system, public or private cultural
Article XIV, Section 10. Science and technology are essential for national entities, scholarships, grants and other incentives, and community cultural
development and progress. The State shall give priority to research and centers, and other public venues.
development, invention, innovation, and their utilization; and to science and
technology education, training, and services. It shall support indigenous, (2) The State shall encourage and support researches and studies on the arts
appropriate, and self-reliant scientific and technological capabilities, and their and culture.
application to the country's productive systems and national life.
Article XIV, Section 11. The Congress may provide for incentives, including tax
deductions, to encourage private participation in programs of basic and applied III. INTERNATIONAL CONVENTIONS
scientific research. Scholarships, grants-in-aid, or other forms of incentives
shall be provided to deserving science students, researchers, scientists,
inventors, technologists, and specially gifted citizens.
IV. CIVIL CODE
Article XIV, Section 12. The State shall regulate the transfer and promote the Art. 712. Ownership is acquired by occupation and by intellectual creation.
adaptation of technology from all sources for the national benefit. It shall
encourage the widest participation of private groups, local governments, and Ownership and other real rights over property are acquired and transmitted by
community-based organizations in the generation and utilization of science law, by donation, by estate and intestate succession, and in consequence of
and technology. certain contracts, by tradition.
Article XIV, Section 13. The State shall protect and secure the exclusive rights of
scientists, inventors, artists, and other gifted citizens to their intellectual They may also be acquired by means of prescription.
Art. 721. By intellectual creation, the following persons acquire ownership: 240.3. The provisions of this Act shall apply to works in which copyright
protection obtained prior to the effectivity of this Act is subsisting: Provided,
(1) The author with regard to his literary, dramatic, historical, legal, That the application of this Act shall not result in the diminution of such
philosophical, scientific or other work; protection.
(2) The composer; as to his musical composition; SECTION 237. Preservation of Existing Rights. — Nothing herein shall adversely
affect the rights on the enforcement of rights in patents, utility models,
industrial designs, marks and works, acquired in good faith prior to the effective
(3) The painter, sculptor, or other artist, with respect to the product of his art;
date of this Act. (n)
(4) The scientist or technologist or any other person with regard to his discovery
SECTION 177. Copyright or Economic Rights. — Subject to the provisions of
or invention. (n)
Chapter VIII, copyright or economic rights shall consist of the exclusive right to
carry out, authorize or prevent the following acts:
Art. 722. The author and the composer, mentioned in Nos. 1 and 2 of the
preceding article, shall have the ownership of their creations even before the
177.1. Reproduction of the work or substantial portion of the work;
publication of the same. Once their works are published, their rights are
governed by the Copyright laws.
177.2. Dramatization, translation, adaptation, abridgment, arrangement or
other transformation of the work; 177.3. The first public distribution of the
The painter, sculptor or other artist shall have dominion over the product of his
original and each copy of the work by sale or other forms of transfer of
art even before it is copyrighted.
ownership;
SECTION 172. Literary and Artistic Works. — 172.1. Literary and artistic works, (G) Works of drawing, painting, architecture, sculpture, engraving,
hereinafter referred to as "works", are original intellectual creations in the lithography, and other works of art; models or designs for works of
literary and artistic domain protected from the moment of their creation and art;
shall include in particular: (a) Books, pamphlets, articles and other writings;
(b) Periodicals and newspapers; (c) Lectures, sermons, addresses, (H) Reproductions of a work of art;
(I) Original ornamental designs or models for articles of manufacture,
whether or not patentable, and other works of applied art;
The Berne Convention, concluded in 1886, was revised at Paris in 1896 and at SECTION 4. Other Laws. — Upon issuance of a certificate of deposit, the
Berlin in 1908, completed at Berne in 1914, revised at Rome in 1928, at Brussels copyright owner shall be exempt from making additional deposits of the work
in 1948, at Stockholm in 1967 and at Paris in 1971, and was amended in 1979. with TNL or the SCL under other laws.
Rule 7 Effectivity and Effects of Registration and Deposit SECTION 228. Public Records. — The section or division of the National Library
and the Supreme Court Library charged with receiving copies and instruments
SECTION 1. Effectivity of Registration and Deposit of Work. — The registration deposited and with keeping records required under this Act and everything in it
and deposit of the work takes effect on the date specified on the Certificate of shall be opened to public inspection. The Director of the National Library is
Regulation and Deposit covering the work. empowered to issue such safeguards and regulations as may be necessary to
implement this Section and other provisions of this Act. (Sec. 61, P.D. No. 49)
SECTION 2. Effects of Registration and Deposit of Work. — The registration and
deposit of the work is purely for recording the date of registration and deposit SECTION 229. Copyright Division; Fees. — The Copyright Section of the
of the work and shall not be conclusive as to copyright ownership or the term of National Library shall be classified as a Division upon the effectivity of this Act.
copyrights or the rights of the copyright owner, including neighboring rights. The National Library shall have the power to collect, for the discharge of its
services under this Act, such fees as may be promulgated by it from time to time
subject to the approval of the Department Head. (Sec. 62, P.D. 49a)
SECTION 3. Effect of Non-Registration and Deposit. — If, within three (3) weeks
after receipt by the copyright owner of a written demand from TNL and/or SCL
for the deposit of a work listed in Rule 5 Sec. 4 of this SAR, the required copies RULE 5
are not delivered and the fee for registration and deposit is not paid, the Registration and Deposit of Work
copyright owner, his assignee, or his agent shall be liable to pay a fine SECTION 1. Who May Apply. — The owner or assignee of the copyright
or his related thereto, shall be registered and deposited with TNL Copyright
duly authorized agent or representative, may apply for a certificate of Division
registration and deposit of the work: Provided, That if an author could and another two (2) copies with the SCL:
not claim
the benefit of copyright protection, his assignee or agent cannot claim • Books, pamphlets, articles and other writings;
it. If the
applicant is not the owner or author or assignee of the work, he shall • Periodicals and newspapers;
be required
to submit his authority to apply. • Lectures, sermons, addresses, dissertations prepared for oral
An assignee is a person to whom an author may assign copyright in delivery
whole or in whether or not reduced in writing or other material form;
part. The assignee is entitled to all the rights and remedies which the
assignor • Letters;
has with respect to the copyright.
Although no copyright should subsist in any work of the government, • Musical compositions with or without words.
any SECTION 5. Replicas and Pictures. — For practical purposes, only
employee may claim it by submitting for registration any work that has replicas and
been pictures of the following classes of works, shall be registered and
created during the time of his employment but which does not form deposited with
part of his TNL Copyright Division:
regularly prescribed official duties.
SECTION 2. Identification of Author or Authors. — An application for • Works of drawing, painting, architecture, sculpture, engraving,
copyright lithography or other works of art, models or designs for works of art;
certificate shall identify the author or authors, as far as practicable, • Original ornamental designs or models for articles of manufacture,
without whether or not registerable as an industrial design, and other works
prejudice to the provisions of Sections 171.2 and 179 of the IPC. of applied art;
SECTION 3. Non-Resident Applicant. — A non-resident applicant shall • Illustrations, maps, plans, sketches, charts and three-dimensional
appoint works relative to geography, topography, architecture or science;
a resident agent, by special power of attorney (SPA), who shall be • Drawings or plastic works of a scientific or technical character.
authorized to SECTION 6. Works that May be Registered and Deposited. — The
pursue the copyright application for his/her/its behalf with TNL and/or following works may be registered and deposited:
the SCL • Dramatic or dramatic-musical compositions, choreographic works
and to receive service of notice or other legal process relating to the or entertainment in shows;
application • Photographic works including works produced by a process
and the copyright. In the event of death, absence or incapacity of the analogous to photography, lantern slides;
resident • Audiovisual works and cinematographic works and works produced
agent, the applicant shall appoint a new resident agent, by SPA with by a process analogous to cinematography or any process for
revocation making audio-visual recordings;
of the prior SPA, and file notice and a copy thereof with TNL and/or the • Pictorial illustrations and advertisements;
SCL. • Computer programs;
SECTION 4. Works That Shall Be Registered and Deposited. — Two (2) • Other literary, scholarly, scientific and artistic works;
copies or • Sound recordings;
reproductions of the following classes of works, and transfers and • Broadcast recordings. SECTION 7. When to Register and Deposit. —
assignments The registration and deposit of copies or reproductions of the work
or works, using the prescribed form, shall be made personally or by statement recorded in the international register. (n) SECTION 220A. Disclosure
registered mail within three (3) weeks after the first public of Information. — Where any article or its packaging or an implement for making
dissemination or publication as authorized by the author. it is seized or detained under a valid search and seizure under this Act is, or is
reasonably suspected to be, by an authorized enforcement officer, in violation
of this Act, the said officer shall, wherever reasonably practicable, notify the
SECTION 218. Affidavit Evidence. — 218.1. In an action under this Chapter, an owner of the copyright in question or his authorized agent of the seizure or
affidavit made before a notary public by or on behalf of the owner of the detention, as the case may be
copyright in any work or other subject matter and stating that: (a) At the time
specified therein, copyright subsisted in the work or other subject matter; (b) Article 2
He or the person named therein is the owner of the copyright; and (c) The copy
of the work or other subject matter annexed thereto is a true copy thereof. [Protected Works: 1. “Literary and artistic works”; 2. Possible requirement of
The affidavit shall be admitted in evidence in any proceedings under this fixation; 3. Derivative works; 4. Official texts; 5. Collections; 6. Obligation to
Chapter and shall be prima facie proof of the matters therein stated until the protect; beneficiaries of protection; 7. Works of applied art and industrial
contrary is proved, and the court before which such affidavit is produced shall designs; 8. News]
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
(1) The expression “literary and artistic works” shall include every production in
subsist in the work or other subject matter to which the action relates if the
the literary, scientific and artistic domain, whatever may be the mode or form of
defendant does not put in issue the question whether copyright subsists in the
its expression, such as books, pamphlets and other writings; lectures,
work or other subject matter; and (b) Where the subsistence of the copyright
addresses, sermons and other works of the same nature; dramatic or
is established, the plaintiff shall be presumed to be the owner of the copyright if
dramaticomusical works; choreographic works and entertainments in dumb
he claims to be the owner of the copyright and the defendant does not put in
show; musical compositions with or without words; cinematographic works to
issue the question of his ownership. (c) Where the defendant, without good
which are assimilated works expressed by a process analogous to
faith, puts in issue the questions of whether copyright subsists in a work or
cinematography; works of drawing, painting, architecture, sculpture, engraving
other subject matter to which the action relates, or the ownership of copyright
and lithography; photographic works to which are assimilated works
in such work or subject matter, thereby occasioning unnecessary costs or
expressed by a process analogous to photography; works of applied art;
delay in the proceedings, the court maydirect that any costs to the defendant in
illustrations, maps, plans, sketches and three-dimensional works relative to
respect of the action shall not be allowed by him and that any costs occasioned
geography, topography, architecture or science.
by the defendant to other parties shall be paid by him to such other parties. (n)
(2) It shall, however, be a matter for legislation in the countries of the Union to
SECTION 219. Presumption of Authorship. — 219.1. The natural person whose
prescribe that works in general or any specified categories of works shall not
name is indicated on a work in the usual manner as the author shall, in the
be protected unless they have been fixed in some material form.
absence of proof to the contrary, be presumed to be the author of the work. This
provision shall be applicable even if the name is a pseudonym, where the
pseudonym leaves no doubt as to the identity of the author. 219.2. The person (3) Translations, adaptations, arrangements of music and other alterations of a
or body corporate whose name appears on an audio-visual work in the usual literary or artistic work shall be protected as original works without prejudice
manner shall, in the absence of proof to the contrary, be presumed to be the to the copyright in the original work. (4) It shall be a matter for legislation in the
maker of said work. (n) countries of the Union to determine the protection to be granted to official texts
of a legislative, administrative and legal nature, and to official translations of
such texts. (5) Collections of literary or artistic works such as encyclopaedias
SECTION 220. International Registration of Works. — A statement concerning
and anthologies which, by reason of the selection and arrangement of their
a work, recorded in an international register in accordance with an
contents, constitute intellectual creations shall be protected as such, without
international treaty to which the Philippines is or may become a party, shall be
prejudice to the copyright in each of the works forming part of such collections.
construed as true until the contrary is proved except: 220.1. Where the
statement cannot be valid under this Act or any other law concerning
intellectual property. 220.2. Where the statement is contradicted by another
(6) The works mentioned in this Article shall enjoy protection in all countries of procedure, system, method or operation, concept, principle, discovery or mere
the Union. This protection shall operate for the benefit of the author and his data as such, even if they are expressed, explained, illustrated or embodied in a
successors in title. work; news of the day and other miscellaneous facts having the character of
mere items of press information; or any official text of a legislative,
(7) Subject to the provisions of Article 7(4) of this Convention, it shall be a matter administrative or legal nature, as well as any official translation thereof. (n)
for legislation in the countries of the Union to determine the extent of the
application of their laws to works of applied art and industrial designs and SECTION 176. Works of the Government. — 176.1. No copyright shall subsist in
models, as well as the conditions under which such works, designs and models any work of the Government of the Philippines. However, prior approval of the
shall be protected. Works protected in the country of origin solely as designs government agency or office wherein the work is created shall be necessary for
and models shall be entitled in another country of the Union only to such special exploitation of such work for profit. Such agency or office may, among other
protection as is granted in that country to designs and models; however, if no things, impose as a condition the payment of royalties. No prior approval or
such special protection is granted in that country, such works shall be conditions shall be required for the use for any purpose of statutes, rules and
protected as artistic works. (8) The protection of this Convention shall not apply regulations, and speeches, lectures, sermons, addresses, and dissertations,
to news of the day or to miscellaneous facts having the character of mere items pronounced, read or rendered in courts of justice, before administrative
of press information. agencies, in deliberative assemblies and in meetings of public character. (Sec.
9, first par., P.D. No. 49)
171.10. A "work of applied art" is an artistic creation with utilitarian functions or
incorporated in a useful article, whether made by hand or produced on an 176.2. The author of speeches, lectures, sermons, addresses, and dissertations
industrial scale; mentioned in the preceding paragraphs shall have the exclusive right of making
a collection of his works. (n)
SECTION 173. Derivative Works. — 173.1. The following derivative works shall
also be protected by copyright: (a) Dramatizations, translations, adaptations, 176.3. Notwithstanding the foregoing provisions, the Government is not
abridgments, arrangements, and other alterations of literary or artistic works; precluded from receiving and holding copyrights transferred to it by
and (b) Collections of literary, scholarly or artistic works, and compilations assignment, bequest or otherwise; nor shall publication or republication by the
of data and other materials which are original by reason of the selection or Government in a public document of any work in which copyright is subsisting
coordination or arrangement of their contents. (Sec. 2, (P) and (Q), P.D. No. 49) be taken to cause any abridgment or annulment of the copyright or to authorize
any use or appropriation of such work without the consent of the copyright
173.2. The works referred to in paragraphs (a) and (b) of Subsection 173.1 shall owner. (Sec. 9, third par., P.D. No. 49)
be protected as new works: Provided, however, That 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 extend copyright in such original works. (Sec. 8, P.D. 49;
Art. 10, TRIPS)