Copyright law of the Philippines
Copyright law of the Philippines Philippine copyright law is enshrined in the Intellectual Property Code of the Philippines, Philippines, officially known as Republic Act No. 8293 8293.. The law is partly based on United States copyright law and the principles of the Berne Convention for the Protection of Literary and Artistic Works. Unlike many other copyright laws, Philippine copyright laws also protect patents, trademarks, and other forms of intellectual property. There are also other laws that protect copyrights: the Optical Media Act (which protects music, movies, computer programs, and video games) is an example of such. The law is enforced through a body established by the law: the Intellectual Property Office, or IPO, and its various branches. Copyright implementation is done with the coordination of the IPO and the Copyright Division of the National Library of the Philippines.
Classes The Intellectual Property Code splits works that may be copyrighted into 17 classes, listed from A to Q. While all the classes listed are specifically for copyrighted material, trademarks and other forms of intellectual property, depending on what it is, are covered as well. Patents do not have a category. • A: Liter Literatu ature re (book (books, s, pamph pamphlet lets, s, etc.) etc.) • B: Periodic Periodicals als (newsp (newspapers apers,, tabloids, tabloids, magazines, magazines, etc.) • C: Public speeche speechess and other public public speaking speaking works (speeche (speeches, s, lectures, lectures, sermons, sermons, etc.) • D: Letters • E: Television Television or or movie scripts scripts,, choreograp choreography, hy, and enterta entertainmen inmentt in shows shows • F: Musical Musical works works (lyrics (lyrics,, songs, songs, song song arrangeme arrangements, nts, etc.) etc.) • G: Art products products (drawing (drawings, s, painting paintings. s. sculptu sculptures, res, etc.) etc.) • H: Ornamental Ornamental designs designs and and other forms forms of applied applied art (not necessa necessarily rily industria industriall designs) designs) • I: Geographical, Geographical, topograph topographical, ical, architect architectural, ural, and scientific scientific works works (maps, charts, charts, plans, etc.) etc.) • J: Scien Scientifi tificc and and techn technica icall drawin drawings gs • K: Photographs Photographs and and cinematogra cinematographic phic works works made in a process process similar similar to photogra photography phy • L: Audio-visual Audio-visual works works and cinematogra cinematographic phic works works made in a process similar similar to making making audio-visua audio-visuall works • M: Picture Picturess used used in advertisin advertising g (include (includess logos) logos) • N: Com Compu pute terr prog progra rams ms • O: Other works works not covered covered in classes classes A-N A-N of a literary, literary, scholarly, scholarly, scientifi scientific, c, or artistic artistic nature nature • P: Sou Sound nd rec recor ordi ding ngss • Q: Broa Broadc dcas asts ts
Fair use Section 185 of the Intellectual Property Code provides for fair use of copyrighted material. The criteria for fair use is almost identical to the fair use doctrine in United States copyright law, with the exception that even unpublished works qualify as fair use under Philippine copyright law.
Moral rights Moral rights, which can be exercised by any copyright holders (individuals, corporations, etc.), are enshrined in Chapter 10 of the Intellectual Property Code. However, Section 193 of the code (which is also in Chapter 10), which also outlines a copyright holder's moral rights, makes these rights independent of economic rights outlined in Section 177 of the code.
1
Copyright law of the Philippines
2
Under Philippine copyright law, moral rights are relatively expansive on the behalf of the copyright holder, which are listed below: • Attribution • The right to be prominently displayed as the creator of the copyrighted material, in any form practical to the work • The right to change or even withhold the work from circulation • Integrity of ownership • The right to object to any alteration detrimental to the name of the creator of the material • The right to restraining the use of the creator's name in a work not of his making Copyright holders are not allowed to be forced to create or publish his or her works already published, as that could be classified as a breach of contract. However, the copyright holder could also be held liable for breach of contract. The Intellectual Property Code also permits the waiver of moral rights in most cases, but does not allow it if the following situations occur: • If the creator's name will be used to damage the reputation of another person • If the creator's name will be used to give credit to something he or she did not make Moral rights are automatically waived in collective works unless the copyright holders expressly reserve their moral rights. Also, if no objections have been made during the time a copyright holder waives his or her moral rights or even if moral rights were waived unconditionally, works altered or even destroyed would not constitute as a violation of moral rights. In the Philippines, the term of moral rights, unless they were waived, is the same as the term of copyright of a literary work (lifetime plus 50 years). Violation of moral rights may also be contested as a violation of the Civil Code. Any damages collected under the Civil Code shall be given to the copyright holder, or if the holder is already dead, be put in a trust account to be given to the copyright holder's heirs. If the heirs defaulted, the damages go to the government.
Ownership of copyright As the country is a party to the Berne Convention, Philippine copyright law expressly gives copyright ownership to the copyright holder automatically for creative works which fit in one of the categories.
Government copyright Government copyright under Philippine copyright law is established in Section 176 and its subsections. That section specifies that no copyright shall subsist in any work of the Government of the Philippines. However, it also specifies that prior approval of the government agency or office wherein the work is created is necessary for exploitation of government works for profit.
[1]
There are exceptions to the rule: the author of any public speaking works may have the works compiled, published, and copyrighted, and the government is permitted to receive and hold copyrights it received as a gift or assigned. However, such copyrights may not be shortened or annulled without prior consent of the copyright holder.
Copyright law of the Philippines
References External links • The Intellectual Property Code of the Philippines (http:/ / www.congress.gov.ph/ download/ ra_10/ RA08293. pdf) • Frequently asked questions on Philippine copyright law (http:/ / www.gov.ph/ faqs/ copyright.asp)
3
Article Sources and Contributors
Article Sources and Contributors Copyright law of the Philippines Source: http://en.wikipedia.org/w/index.php?oldid=506164442 Contributors: Betacommand, BomBom, CalJW, Edcolins, Felipe Aira, FerrousTigrus, Fuhghettaboutit, Gfoley4, Hugo999, Jim1138, John Vandenberg, Jondel, Mamamamamia12345, Moray An Par, Philafrenzy, Psyche825, Sky Harbor, Stephen Morley, Tetraminoe, Tony Fox, ViperSnake151, WookieInHeat, Wtmitchell, Zollerriia, 46 anonymous edits
License Creative Commons Attribution-Share Alike 3.0 Unported //creativecommons.org/licenses/by-sa/3.0/
4
