L

A
U
T
C
E
L
L
E
INT
W
A
L
Y
T
R
E
P RO P

LAW ON COPYRIGHT

FAIR USE

NOT AN INFRINGEMENT OF COPYRIGHT

criticism
comment
news reporting
teaching
research
similar purposes

FACTORS TO BE CONSIDERED IN FAIR USAGE

purpose
nature
amount and substantiality
effect

PLAGIARISM VS COPYRIGHT INFRINGEMENT

unearned increment
plagiarizing authors reputation
false claims of authorship.

rights of the copyright holder

without the copyright holders consent

COPYRIGHT IN WORK OF ARCHITECTURE

right to control the erection of any building

right to control the reconstruction or rehabilitation

REPRODUCTION OF PUBLISHED WORK

PERMISSION GRANTED UNDER SUBSECTION 187.1 SHALL NOT EXTEND TO THE REPRODUCTION OF

work of architecture
entire book
a compilation of data
computer program
unreasonably conflict with a normal exploitation

REPROGRAPHIC REPRODUCTION BY LIBRARIES

fragile character or rarity

isolated articles
preserve

REPRODUCTION OF COMPUTER PROGRAM

in conjunction with purpose

archival purposes

IMPORTATION OF COPYRIGHTED WORK

WHEN COPIES OF THE WORK ARE NOT AVAILABLE IN THE PHILIPPINES

NOT MORE THAN ONE (1) COPY AT ONE TIME , STRICTLY INDIVIDUAL USE ONLY
IMPORTATION IS BY AUTHORITY
IMPORTATION, CONSISTING OF NOT MORE THAN THREE (3) SUCH COPIES

MORAL RIGHTS
SCOPE

authorship of the works be attributed to him

alterations of his work
object to any distortion, mutilation
restrain the use of his name

WAIVER
SECTION 193 BY A WRITTEN INSTRUMENT
NOT VALID

use the name of the author

work he did not create

RIGHT OF ATTRIBUTION IN A COLLECTIVE WORK

COLLECTIVE WORK
- two (2) or more natural persons at the initiative and under the direction of another

TERM OF MORAL RIGHTS

shall last during the lifetime of the author

and for fifty (50) years after his death
shall not be assignable or subject to license

RIGHT TO PROCEEDS IN SUBSEQUENT TRANSFERS OF COPYRIGHT

SALE OR LEASE OF WORK

inalienable right to participate in the gross proceeds

extent of five percent (5%).

PERFORMERS, PRODUCERS, AS BROADCASTING ORGANIZATION

PERFORMERS
SOUND RECORDING
AUDIOVISUAL WORK OR FIXATION
FIXATION
PRODUCER OF A SOUND RECORDING

PERFORMERS, PRODUCERS, AS BROADCASTING ORGANIZATION

PUBLICATION OF A FIXED PERFORMANCE OR A SOUND RECORDING

BROADCASTING
BROADCASTING ORGANIZATION
COMMUNICATION TO THE PUBLIC OF A PERFORMANCE OR A SOUND RECORDING

SCOPE OF PERFORMERS RIGHT

EXCLUSIVE RIGHTS
1. as regards their performances
broadcasting
fixation
2. direct or indirect reproduction
3. public distribution (section 206)
4. commercial rental
5. making available to the public

MORAL RIGHTS OF PERFORMERS

right to claim to be identified as the performer of his performances

TERM OF RIGHTS GRANTED TO PERFORMER

SUBSECTION 203.1

exercised fifty (50) years after his death

by his heirs
in default of heirs, the government

LIMITATION ON RIGHT

once the performer has authorized the broadcasting

ADDITIONAL REMUNERATION FOR SUBSEQUENT COMMUNICATIONS OR BROADCASTS

additional remuneration equivalent to at least five percent (5%) of the original compensation

SCOPE OF RIGHT OF PRODUCERS OF SOUND RECORDINGS

SECTION 212

DIRECT OR INDIRECT REPRODUCTION

FIRST PUBLIC DISTRIBUTION
COMMERCIAL RENTAL

SCOPE OF RIGHT OF BROADCASTING ORGANIZATIONS

SECTION 212

rebroadcasting
recording in any manner
fresh transmissions or for fresh recording.

LIMITATIONS ON PROTECTION

SECTIONS 203, 208 AND 209 SHALL NOT APPLY

exclusively for his own personal purposes

short excerpts for reporting
teaching or for scientific research
fair use

TERM OF COPYRIGHT

TERM OF PROTECTION
SECTIONS 172 AND 173

during the life of the author

and

for fifty (50) years after his death

JOINT AUTHORSHIP

ECONOMIC RIGHTS

during the life of the last surviving author

and

for fifty (50) years after his death

ANONYMOUS OR PSEUDONYMOUS WORKS

fifty (50) years from the date on which the work was first lawfully published

WORKS OF APPLIED ART

twenty-five (25) years from the date of making.

PHOTOGRAPHIC WORKS
for fifty (50) years from publication of the work
and,

if unpublished, fifty (50) years from the making

AUDIOVISUAL WORKS
fifty (50) years from date of publication
and,

if unpublished, from the date of making.

CIRCULATION OF TERM

date of his death or of publication

- to begin on the first day of January of the year

TERM OF PROTECTION FOR PERFORMERS, PRODUCERS, AND BROADCASTING ORGANIZATIONS

RIGHTS SHALL EXPIRE

performances - fifty (50) years

sound or image - fifty (50) years
broadcasts - twenty (20) years

REMEDIES AGAINST INFRINGEMENT

1.
2.
3.

CIVIL
CRIMINAL
ADMINISTRATIVE

CIVIL ACTION

a.
b.
c.
d.
e.

injunction
actual damages
impounding
destruction of all infringing copies or devices
moral and exemplary damages

CRIMINAL PENALTIES

first offense
- imprisonment of one (1) year to three (3) years plus a fine ranging from fifty
pesos (p50,000) to one hundred fifty thousand pesos (p150,000)

thousand

second offense
- imprisonment of three (3) years and one (1) day to six (6) years plus a fine ranging from one
hundred fifty thousand pesos (p150,000) to five hundred thousand pesos (p500,000)

CRIMINAL PENALTIES

third and subsequent offenses

- imprisonment of six (6) years and one (1) day to nine (9) years plus a fine ranging from five
hundred thousand pesos (p500,000) to one million five hundred thousand pesos (p1,500,000)

in all cases, subsidiary imprisonment in cases of insolvency

POSSESSION OF INFRINGING COPY OF THE WORK

conviction to imprisonment and fine as above mentioned

selling, letting for hire, or by way of trade offering

distributing the article for purpose of trade
trade exhibit of the article in public

AFFIDAVIT EVIDENCE

time specified therein, copyright subsisted

he or the person named therein is the owner of the copyright
copy of the work or other subject matter annexed thereto

PRESUMPTION

copyright shall be presumed to subsist

where the subsistence of the copyright is established, the plaintiff shall be presumed to be the
owner of the copyright

PRESUMPTION OF AUTHORSHIP

natural person whose name is indicated = presumed author

person or body corporate whose name appears on a audio-visual work = presumed maker

PRESCRIPTION OF ACTION FOR DAMAGES

no damages may be recovered under this act after four (4) years from the time the cause of
action arose.

ENFORCEMENT OF MORAL RIGHTS

IN ADDITION

damages which may be availed of under the civil code

POINTS OF ATTACHMENT

SECTIONS 172 AND 173

NATIONALS
HABITUAL RESIDENTS
LOCATED IN THE PHILIPPINES
FIRST PUBLISHED IN THE PHILIPPINES
FIRST PUBLISHED IN ANOTHER COUNTRY BUT ALSO PUBLISHED IN THE PHILIPPINES WITHIN THIRTY
DAYS

DEPOSIT AND NOTICE

ISSUANCE OF CERTIFICATE OF DEPOSIT

SUBSECTIONS 172.1, 172.2 AND 172.3
- national library and the supreme court library, within three (3) weeks
- be registered and deposited with it, by personal delivery or by registered mail two (2)
complete copies or reproductions of the work

NOTICE OF COPYRIGHT

name of the copyright owner

year of its first publication
year of such death

EFFECT OF REGISTRATION AND DEPOSIT OF WORK

recording date of registration

PUBLIC RECORDS

NATIONAL LIBRARY AND THE SUPREME COURT LIBRARY = opened to public inspection
DIRECTOR OF THE NATIONAL LIBRARY = safeguards

COPYRIGHT DIVISION FEES

NATIONAL LIBRARY

power to collect fees

everything must come to an end

END.

PREPARED BY:

MARIA KAREN SANCHEZ