COPYRIGHT is the legal protection extended to

the owner of the rights in an “original work”,

which refers to every literary, scientific and
artistic production [IPOPHL].

COPYRIGHT refers to the right granted by a

statute to the proprietor of an intellectual
production to its exclusive use and
enjoyment to the extent specified in the
statute [Olaño v. Lim Eng Co, G.R. 195835
(2016)].
a. Works are protected
by the sole fact of their Basic Principles
creation
Principle of Automatic Protection
Copyright is vested from the very moment of creation
irrespective of their mode or form of expression, as well as of
their content, quality, and purpose [Sec. 171.1-172.2, RA
8293].
The enjoyment and exercise of copyright, including moral
rights, shall not be the subject of any formality; such
enjoyment and such exercise shall be independent of the
existence of protection in the country of origin of the work.
b. Protection extends only to the Basic Principles
expression of an idea, not the
idea itself.

No protection shall extend, under this law, to any idea,

procedure, system method or operation, concept, principle,
discovery, or mere data as such, even if they are expressed,
explained, illustrated or embodied in a work [Sec. 175, RA
8293].
c. The copyright is distinct from
the
Basic Principles
property in the material object
subject to it.
Consequently:
1. The transfer or assignment of the copyright shall NOT itself
constitute a transfer of the material object.

2. The transfer or assignment of the sole copy or of one or

several copies of the work shall NOT imply transfer or
assignment of the copyright [Sec. 181, RA 8293].
d. Copyright, like other intellectual
property rights, is a statutory right. Basic Principles

Copyright, in the strict sense of the term is purely a

statutory right.
1. The rights are limited to what the statute confers.

2. It may be obtained and enjoyed only with respect to the

subjects and by the persons, and on terms and conditions
specified in the statute.

3. It can cover only the works falling within the statutory

enumeration or description [Pearl and Dean v. Shoemart,
G.R. No. 148222 (2003)].
2. Copyrightable works

a. Original Works
Literary 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:
1 3
Lectures, sermons,
Books, addresses,
pamphlets, dissertations
articles and prepared for oral
other delivery, whether or
writings; not reduced in
writing or other
material form;

Periodicals and
newspapers;

2
 5 7
Works of drawing,
Musical painting,
compositions, architecture,
with or sculpture, engraving,
without lithography or other
words; works of art; models
or designs for works
of art;
Letters; Dramatic or Original ornamental
dramatico-musical designs or models
compositions; for articles of
choreographic works manufacture, whether
or not registrable as
or
an industrial design,
entertainment in
and other works of
dumb shows; 4 applied art; 6
8Illustrations, maps, 10
plans, sketches, . Photographic
charts and three- works including
dimensional works works
relative to produced by a
geography, process analogous
topography, to
architecture or photography;
science; lantern slides;
Drawings or
plastic works of a
scientific
or technical
character;
9
11 13
Audiovisual,
cinematographic
Computer
works and works
produced by a process programs; and
analogous to other literary,
cinematography or scholarly, scientific
any process for and artistic works
making audio-visual
recordings;

Pictorial
illustrations
and
advertisemen
ts; 12
WHEN A WORK IS CONSIDERED ORIGINAL
The work is original when:
1. It is an independent creation of the author; and
2. It must not be copied from the work of another.

A person must be the original creator of the work to be

entitled to a copyright. He must have created it by his own
skill, labor, and
judgment without directly copying or evasively imitating the
work of another [Ching Kian Chuan v. CA, G.R. No. 130360
(2001)].

Originality is not determined by novelty, aesthetic merit, or

ingenuity but that it is an independent creation [IPOPHL].
Works are protected irrespective of their mode or form of
expression [Sec. 172.2, RA 8293].
Derivative Works
The following derivative works shall also be protected by copyright:
1. Dramatizations, translations, adaptations, abridgments, arrangements,
and other alterations of literary or artistic works; and
2. 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 [Sec. 173.1, RA 8293].

Derivative works are protected as new works, provided they

shall not:
1. Affect the force of any subsisting copyright upon the original works
employed or any part thereof; or
2. Be construed to imply any right to such use of the original works, or
to secure or extend copyright in such original works [Sec. 173.2, RA
8293].
3. Non-copyrightable works
a. Unprotected Subject Matter
1. Any idea, procedure, system method or operation, concept,
principle, discovery or mere data as such, even if they are expressed,
explained, illustrated or embodied in a work;
2. News of the day and other miscellaneous facts having the
character of mere items of press information;
3. Any official text of a legislative, administrative or legal nature, as
well
as any official translation thereof;
4. Pleadings;
5. Original decisions of courts and tribunals (Note: This pertains to the
“original decisions” not the SCRA published volumes since these are
protected under derivative works under
Sec. 173.1) [Sec. 175, RA 8293].
News footages are subject to copyright.
Although news or the events themselves are not copyrightable, expression
of the news particularly when it underwent a creative process is entitled to
copyright protection [ABS-CBN Corp. v. Gozon, G.R. No. 195956 (2015)].

The format or mechanics of a TV show is

not copyrightable as copyright does not extend to ideas, procedures,
processes, systems, methods of operation, concepts, principles or
discoveries regardless of the form in which they are described, explained,
illustrated or embodied [Joaquin Jr. et al v.
Drilon, et al, G.R. No. 108946 (1999)].
No one may claim originality as to facts
as these do not owe their origin to an act of authorship. The first person to
find and report a particular fact has not created the same; he has merely
discovered its existence [Feist Publication v. Rural Telephone Services, 499
U.S. 340 (1991)].

A compilation is not copyrightable per se,

but it is copyrightable only if its facts have been selected, coordinated, or
arranged in such a way that the resulting work as a whole constitutes an
original work of authorship.
Otherwise known as the Sweat of the Brow or Industrious Collection
Test [Feist Publication v. Rural Telephone Services, 499 U.S. 340 (1991)]
b. Works of the Government of the Philippines
A work created by an officer or employee of the Philippine Government or
any of its subdivisions and instrumentalities, including government-owned
or controlled corporations as a part of his regularly prescribed official
duties [Sec. 171.11, RA 8293].

General Rule: No copyright shall subsist in any work of the

Government.

Exceptions:
1. When copyright is transferred by assignment or bequest in favor
of the government [Sec. 176.3];
2. Author of speeches, lectures, sermons, addresses and dissertations shall
have exclusive right of making a collection of his work. However, prior
approval of the government agency or the office wherein the work
is created shall be necessary for the exploitation of such work for profit
[Sec.176.1].
Publication or republication by the Government in a public
document of any work in which copyright is subsisting shall
not be taken:

1. To cause any abridgment or annulment of the copyright;

or
2. To authorize any use or appropriation of such work
without the consent of the copyright owner [Sec. 176.3, RA
8293].

Works made by an officer or employee of the Government

as part of his regularly prescribed duty do NOT enjoy
copyright.
Works made by an employee of the government which is not as a
part of his regularly prescribed official duties (i.e. not considered
a “Work of the Government”) may enjoy copyright.
c. Works of the Public Domain d. Useful Articles
Works of the public domain are
noncopyrightable. A “useful article” is defined as an
article “having intrinsic utilitarian function
To this class of works belong: that is not merely to portray the appearance of
1. Works, whose term of copyright the article or to convey information” is
has expired; excluded from copyright eligibility.
2. Works wherein the copyright over
them are waived by the owner in The only instance when a useful
favor of the public; article may be the subject of
3. Works which did not enjoy copyright protection is when it
copyright protection in the first incorporates a design element that is
place, as in the case of unregistered physically or conceptually separable
works made under previous laws that from the underlying product [Olaño v.
required the registration of copyright Lim Eng Co, G.R. No. 195835 (2016)].
[See: Santos v. McCullough Printing
Company, G.R. No. L-19439 (1964)].
Denicola Test: Conceptual Separability (Aesthetics vs.
Functionality)
The work cannot be copyrighted if its design elements reflect a
merger of aesthetic and functional considerations, and the artistic
aspects of the work cannot be conceptually separable from the
utilitarian aspects.

1. Conceptual separability exists where design elements can be

identified as
reflecting the designer's artistic judgment, exercised independently
of functional influences

2. The relevant question should be whether the design of a useful

article, however intertwined with the article’s utilitarian aspects,
causes an ordinary reasonable observer to perceive an aesthetic
concept not related to the article’s use.
4. Rights conferred by copyright

Works are protected by the sole fact of their

creation, irrespective of their mode or form
of expression, as well as of their content,
quality and purpose [Sec. 172.2, RA 8293].

The issuance of the certificates of registration and

deposit as provided by Sec. 2, Rule 7 of the
Copyright Safeguards and Regulations, are purely
for recording the date of registration and deposit of
the work, and are not conclusive as to copyright
ownership (nor does it determine the time when
copyright vests)
a. Economic Rights
Copyright or economic rights shall
consist of
the exclusive right to carry out,
authorize or
prevent the following acts:

1. Reproduction of the work or

substantial
portion of the work;
2. Dramatization, translation,
adaptation,
abridgment, arrangement or other
transformation of the work;
3. The first public distribution of the original and each copy of the work by
sale or other forms of transfer of ownership;

4. Rental of the original or a copy of:

a. An audiovisual or cinematographic work,
b. A work embodied in a sound recording,
c. A computer program,
d. A compilation of data and other materials or a musical work in graphic
form
e. Irrespective of the ownership of the original or the copy which is the
subject of the rental;

5. Public display of the original or a copy of the work;

6. Public performance of the work; and

7. Other communication to the public of the work [Sec. 177, RA 8293].

b. Moral Rights

The author of a work shall, independently

of the economic rights in Section 177
or the grant of an assignment or
license with respect to suchright,
have the right:

1. To require that the authorship of the

works be attributed to him, in particular,
the right that his name, as far as
practicable, be indicated in a prominent
way on the copies, and in connection with
the public use of his work [Sec.
193.1, RA 8293];
2. To make any alterations of his work prior
to, or to withhold it from publication [Sec.
193.2, RA 8293];

3. To object to any distortion, mutilation or

other modification of, or other derogatory
action in relation to, his work which would
be prejudicial to his honor or reputation
[Sec. 193.3, RA 8293];

4. To restrain the use of his name with

respect to any work not of his own creation
or in a distorted version of his work [Sec.
193.4, RA 8293]
Assignment or License of
1. Use of the name of the author,
Moral Rights title of his work, or his reputation
Moral rights cannot be assigned or with respect to any version or
licensed [Sec. 198, RA 8293]. adaptation of his work, which
because of alterations
Waiver of Moral Rights substantially tends to injure the
While Moral Rights cannot be literary or artistic reputation of
assigned or licensed, it can be another author .
waived [Sec. 198, RA
8293]. 2. It uses the name of the author
in a work that he did not create .
General Rule: Moral rights can be
waived in writing, expressly stating The right of attribution is
such waiver. waived by contribution to a
collective work unless such is
Exceptions: Even if made in writing, expressly reserved [Sec. 196,
waiver is still not valid if: RA 8293].
c. Right to Transfer, Assign or License
The author has the right to assign or license the copyright and/or
the material object in whole or in part, and they allow the owner to
derive financial reward from the use of his works by others [Sec. 180.1,
RA 8293 as amended by RA 10372].

Rights of Assignee or Licensee

The assignee or licensee is entitled to all therights and remedies
which the assignor or
licensor had with respect to the copyright, within the scope of the
assignment or license
[Sec. 180.1, RA 8293]

Filing of Assignment or License

An assignment or exclusive license may be filed in duplicate with the
National Library upon payment of the prescribed fee for
registration in books and records kept for the purpose [Sec. 182,
d. Rights to Proceed on
Duration of Right
Subsequent This right shall exist during the
Transfers lifetime of the author and for
(Droit de Suite or Follow Up 50 years after his death [Sec.
Rights) 200, RA 8293].
In every sale or lease of an original
work of Works not covered
painting or sculpture or of the Prints, etchings, engravings, works
original manuscript of a writer or of applied art, or works of similar
composer, subsequent to the first kind wherein the author primarily
disposition thereof by the derives gain from the proceeds of
author, the author or his heirs reproductions [Sec. 201, RA 8293]
shall have:

● An inalienable right to participate

in the
e. Related Rights (Neighboring
Rights)
Rights of Performers

1. As regards their performances, the right

of authorizing:

a. The broadcasting and other

communication to the public of their
performance; and

b. The fixation of their unfixed

performance

c. Such right shall be maintained and

exercised 50 years after his death, by his
heirs, and in default of heirs, the
2. The right of authorizing the 4. The right of authorizing the
direct or indirect reproduction commercial
of their performances fixed in rental to the public of the
sound recordings, or audiovisual original and copies of their
works or fixations in any manner performances fixed in sound
or form . recordings or audiovisual works or
fixations, even after distribution of
3. The right of authorizing the them by, or pursuant to the
first public distribution of the authorization by the performer.
original and copies oftheir
performance fixed in the sound 5. The right of authorizing the
recording or audiovisual works or making available to the public of
fixations through sale or rental or their performances fixed in sound
other forms of transfer of recordings or audiovisual works or
ownership. fixations, by wire or wireless
means, insuch a way that
a. Subject to the provisions of members of the public may
6. The right to claim to be 7. The right to an additional
identified as the performer of remuneration equivalent to at
his performances, and to least five percent (5%) of the
object to any distortion, original compensation he or
mutilation or other she received for the first
modification of his communication orbroadcast, in
performances that would be every communication to the
prejudicial to his reputation, as public or broadcast of a
regards his live aural performances performance subsequent to the
or performances fixed in sound first communication or broadcast
recordings or audiovisual works or thereof by the broadcasting
fixations; organization.

a. Exception: Where the omission a. Unless otherwise provided in

is dictated by the manner of the the contract
use of the
?
 WORK OWNERSHIP

Single Creator of an Original Work Belongs to the author of the work [Sec.
178.1, RA 8293].

Works of Joint Authorship Belongs of the co-authors; in the

absence of agreement, their rights shall
be governed by the rules on co-
ownership.
However, if the workconsists of parts that
can be used separately and identified, the
author of each part owns the
copyright of the part he has created
[Sec. 178.2, RA 8293].
 WORK OWNERSHIP

Work created during the Belongs to the employee if the creation is

course of employment not a part of his regular duties, even if he
used the time, facilities and materials of the
employer.
However, copyright belongs to the
employer if the work is in the performance
of the employee’s regular duties unless
there is an agreement to the contrary.
Work commissioned by a person The person who commissioned the work
other than the employer and pays for it holds ownership of the work
per se, but copyright remains with the
creator unless there was a stipulation to
the contrary .
 WORK OWNERSHIP

Audio visual works Belongs to the producer, author of the scenario,

composer of the music, film director, and author of
the adapted work.
However, subject to stipulations, the producers shall
exercise the copyright as may be required for the
exhibition of the work, except for the right to collect
license fees for the performance of musical compositions in
the work.
Letters Belongs to the writer, but the court may authorize their
publication or dissemination of the public good or
interest of justice requires, pursuant to Art. 723, New
Civil Code.
 WORK OWNERSHIP

Anonymous and pseudonymous Publishers are deemed to represent the

works authors, unless the contrary appears, the
pseudonyms or adopted names leave no
doubt as to the author’s identity or if the
author discloses his identity [Sec. 179, RA
8293].
Collective works A contributor is deemed to have waived his
right unless he expressly reserves it [Sec.
196, RA 8293]
A person to be entitled to
copyright must be the original
creator of the work.

He must have created it by his own

skill, labor and judgment without
directly copying or evasively
imitating the work of another

Ownership of copyrighted
material is shown by proof of
originality and copyrightability.
a. Presumption of Ownership

General Rule: The 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.
The 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 [Sec. 219, RA 8293].

Use of Pseudonym
This provision shall be applicable even if the
name is a pseudonym, where the pseudonym
leaves no doubt as to the identity of the
6. Limitations on copyright
Doctrine of Fair Use
The fair use of copyrighted work for criticism, news reporting, teaching
(including multiple copies for classroom use), research and similar purposes
is not an infringement of copyright.

A privilege, in persons other than the owner of the copyright, to use the
copyrighted material in a reasonable manner without his consent,
notwithstanding the monopoly granted to the owner by the copyright. It is
meant to balance the monopolies enjoyed by the copyright owner with the
interests of the public and of society

Decompilation - refers to the reproduction of the code and

translation of the forms of the computer program to achieve the
inter-operability of an independently created computer program with other
programs. This may also constitute fair use [Sec. 185.1, RA 8293].
b. Limitations on Protection of Neighboring Rights
Sections 203, 208 and 209 shall not apply where the acts referred to in
those Sections are
related to:

1. The use by a natural person exclusively for his own personal

purposes;

2. Using short excerpts for reporting current events;

3. Use solely for the purpose of teaching or for scientific research; and

4. Fair use of the broadcast subject to certain conditions [Sec. 212, RA

8293].
 TERM OF PROTECTIONS
Duration on Copyrights

WORKS TERMS

Original Literary and Artistic Works Lifetime of author and for 50 years after
including Posthumous Works his death [Sec. 213.1, RA 8293]

Derivative Works Lifetime of author and for 50 years after

including Posthumous Works his death [Sec. 213.1, RA 8293]

Joint Authorship Lifetime of the last surviving author and

for 50 years after his death [Sec. 213.2,
RA 8293]
 TERM OF PROTECTIONS
Duration on Copyrights

WORKS TERMS

Anonymous or Pseudonymous Works 50 years from date of first lawful publication

[Sec. 213.3, RA 8293]

Applied Art 25 years from date of making [Sec. 213.4,

RA 8293]

Published Photographic Works 50 years from publication [Sec. 213.5, RA

8293]
 TERM OF PROTECTIONS
Duration on Copyrights

WORKS TERMS

Unpublished Photographic Works 50 years from the making [Sec. 213.5,

RA 8293]

Published Audiovisual Works 50 years from publication [Sec.

213.6, RA 8293]]

Unpublished Audiovisual Works 50 years from the making [Sec. 213.5,

RA 8293]
 TERM OF PROTECTIONS
OF MORAL RIGHTS

WORKS TERMS

Right of Attribution or Right of Paternity Lifetime of author and in perpetuity after his
(Sec. 193.1) death.

Other Moral Rights Coterminous with the economic rights

[Sec. 193.2- 193.4]
 TERM OF PROTECTIONS
ON NEIGHBORING RIGHTS

WORKS TERMS

50 years from the end of the year in

For performances not incorporated in
recordings which the performance took place [Sec.
215.1(a), RA 8293].
For sound or image and sound 50 years from the end of the year in which the
recordings and for performances recording took place [Sec. 215.1(b), RA 8293].
incorporated therein
Broadcasts 20 years from the date the broadcast
took place [Sec. 215.2, RA 8293]
a. What Constitutes Infringement
Infringement consists in the doing by any person, without the consent
of the owner of the copyright, of anything the sole right to do
which is conferred by statute on the owner of the copyright.
It can cover a whole range of acts from copying, assembling, packaging to
marketing,
including the mere offering for sale of counterfeit goods.

Copyright infringement is thus committed by any person who shall use

original literary or
artistic works, or derivative works, without the copyright owner’s consent in
such a manner as to violate the foregoing copy and economic rights.

For a claim of copyright to prevail, the evidence on record must

demonstrate:
a. ownership of a validly copyrighted material by the complainant;
b. infringement of the copyright by the respondent.
[W]hat was copyrighted were their sketches/drawings only, and not the
actual hatch doors themselves.

To constitute infringement, the usurper must have copied or appropriated

the original work of an author or copyright proprietor, absent copying,
there can be no infringement of copyright.

Absent originality and copyrightability as elements of a valid copyright

ownership, no infringement can subsist [Olaño v. Lim Eng Co, G.R. 195835
(2016)].
b. Substantial Reproduction

It is not necessarily required that the entire copyrighted work, or

even a large portion of it, be copied. If so much is taken that the
value of the original work is substantially diminished, there is an
infringement of copyright and to an injurious extent, the work is
appropriated.

In cases of infringement, copying alone is not what is prohibited. The

copying mustproduce an “injurious effect” [Habana et al v. Robles et al.,
G.R. No. 131522 (1999)].
c. Knowledge not an Element of
Infringement

Knowledge of infringement is material only

when a person is charged of aiding and
abetting a copyright infringement.

The liability for copyright infringement is in

the nature of strict liability. It does not
require mens rea or culpa [ABS–CBN Corp
v. Gozon, G.R. No. 195956 (2015)].
 d. What Does NOT Constitute Infringement

The following shall NOT constitute infringement of copyright:

1. Recitation or performance of a 2. Making of quotations from a

work once it has been made published work:
accessible to the public if;
a. compatible with fair use,
a. privately done AND free of b. extent is justified by the
charge purpose,
b. strictly for a charitable or c. source and name of the
religious institution [Sec. author, appearing on work,
184.1(a), RA 8293]; must be mentioned [Sec.
184.1(b), RA 8293];
d. What Does NOT Constitute Infringement

The following shall NOT constitute infringement of copyright:

3. Reproduction or 4. Reproduction and

communication to the public by communication to the public of
mass media of articles on literary, scientific or artistic
current political, social, works as part of reports of
economic, scientific, or religious current events by means of
topic, lectures, addresses and photography, cinematography
other works, delivered in public: or broadcasting to the extent
a. for information purposes, necessary for the purpose
b. not expressly reserved, and [Sec. 184.1(d), RA 8293];
c. source is already indicated
[Sec. 184.1(c), RA 8293];
 d. What Does NOT Constitute Infringement

The following shall NOT constitute infringement of copyright:

6. Recording made in schools,

5. Inclusion of a work in a
universities, or educational
publication, broadcast or other
institutions of a work included in a
communication to the public,
broadcast for the use of schools,
sound recording or film if made
universities oreducational
by way of illustration for
institutions. Such recording must
teaching purposes compatible
be deleted within a reasonable
with fair use and the source
period; such recording may not be
and the name of the author
made from audio-visual works
appearing on work, must be
which are part of the general
mentioned [Sec. 184.1(e), RA
cinema, repertoire of feature films
8293];
except of brief excerpts of the work
d. What Does NOT Constitute Infringement

The following shall NOT constitute infringement of copyright:

7. Making of ephemeral 9. Public performance or the

recordings; communication to the public of
a. by a broadcasting a work in a place where no
organization, admission fee is charged by a
b. by means of its work or club on institution for
facilities, charitable or educational
c. for use in its own broadcast purpose only and the aim is not
profitmaking [Sec. 184.1(i), RA
8. Use made of a work by or 8293];
under the
direction or control of the
government
d. What Does NOT Constitute Infringement

The following shall NOT constitute infringement of copyright:

10. Public display of the original

or a copy of the work not made
by means of a film, slide, 11. Use made of a work for
television, image or otherwise on the purpose of any judicial
screen or by means of proceedings or for the giving
any other device or process of professional advice by a
either the legal practitioner [Sec.
work has been published, sold, 184.1(k), RA 8293].
given
away, or transferred to another
person
by the author or his successor in
d. What Does NOT Constitute Infringement

The following shall NOT constitute infringement of copyright:

12. The reproduction or distribution of published articles or

materials in a specialized format exclusively for the use of
the blind, visually- and reading_x0002_impaired persons:

Provided, That such copies and distribution shall be made on

a nonprofit basis and shall indicate the copyright owner and
the date of the
original publication [Sec. 184.1(l), RA 8293 as amended by
RA 10372].