LAW ON COPYRIGHT (the right to copy)

- It gives the copyright holder the following rights:

1. To be credited for the work;
2. To determine who (if anyone) may adapt the work to other forms;
3. To determine who may perform the work;
4. to benefit financially from the work, and other related rights.
COPYRIGHT
Is a legal concept that gives the creator of original work exclusive rights to it,
usually for a limited period of time.
Unlike patents and trademark, it need not be registered because the law
provides that intellectual creations in the literary and artistic domain are
protected from the moment of its creation.
It is only in copyright that MORAL RIGHTS are expressly recognized and
accorded to the creator.
SCOPE confines to literary and artistic works which are original intellectual
creations in the literary and artistic domain.
Under Sec 177 COPYRIGHT IS SYNONYMOUS WITH ECONOMIC RIGHTS and
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, abridgement, 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 an audio-visual or cinematographic work,
a work embodied in a sound recording, a computer program, a compilation of
data and other materials or a musical work in graphic form, 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.
Is purely a statutory right. Being Statutory right, the rights are only such as
the statute confers, and may be obtained and enjoyed only with respect to
the subjects and by the persons, and on terms and conditions specified in the
statute.
It is a new or independent right granted by the statute, and not simply a preexisting right regulated by the statute.
Copyright in published works is purely a statutory creation, a copyright may
be obtained only for a work falling within the statutory enumeration or
description.
Sec 172 Literary and artistic works, or simply works are original
intellectual creations in the literary and artistic domain and shall in particular:
1. Books, pamphlets, articles and other writings;
2. Periodicals and newspapers;
3. Lectures, sermons, addresses, dissertations prepared for oral delivery,
whether or not reduced in writing or other material form;
4. Letters;

5. Dramatic or dramatico-musical compositions; choreographic works or

entertainment in dumb shows;
6. Musical compositions, with or without words;
7. Works of drawing, painting, architecture, sculpture, engraving, lithography
or other works of art; models or designs for works of art;
8. Original ornamental designs or models for articles of manufacture, whether
or not registrable as an industrial design, and other works of applied art
9. Illustrations, maps, plans, sketches, charts and three-dimensional works
relative to geography, topography, architecture or science;
10. Drawings or plastic works of a science or technical character;
11. Photgraphic works including works produced by a process analogous to
photography; lanterns slides;
12. Audiovisual works and cinematographic works produced by a process
analogous to cinematography or any process for making audio-visual
recordings;
13. Pictorial illustrations and advertisements;
14. Computer programs; and
15. Other literary, scholarly, scientific and artistic works.
These 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.
With the advent of electronic communication and commerce, scope of
copyright was enlarged. Hence, there is a need to relate the law E-commerce
Act to Intellectual Property Code.
BAKER V SELDEN (101 US 841[1879])
Selden had obtained a copyright protection for a book entitled Seldens
condensed Ledger or Bookkeeping Simplified which purported to explain a
new system of bookkeeping. Included as part of the books were blank forms
and illustrations consisting of ruled lines and headings, specially designed for
use in connection with the system explained in the work. These forms showed
the entire operation of a day or a week or a month on a single page, or on
two pages following each other.
The defendant Baker then produced forms which were similar to the forms
illustrated in Seldens copyrighted books.
The court held that exclusivity to the actual forms is not extended by a
copyright. The reason was that TO GRANT A MONOPOLY IN THE UNDERLYING
ART WHEN NO EXAMINATION OF ITS NOVELTY HAS EVER BEEN MADE WOULD
BE A SURPRISE AND A FRAUD UPON THE PUBLIC; THAT IS THE PROVINCE OF
LETTERS PATENT, NOT OF COPYRIGHT. No doubt aware that its alleged
original design would never pass the rigorous examination of a patent
application.
Plaintiff-appellant fought to foist (impose) a fraudulent monopoly on the
public by conveniently resorting to a copyright registration which merely
employs a recordal system without the benefit of an in-depth examination of
novelty.
MULLER v TROBOROUGH BRIDGE AUTHORITY
Defendant constructed a bridge approach which was alleged to be an
infringement of the new design illustrated in plaintiffs drawings.
It was held that protection of the drawing does not extend to the
unauthorized duplication of the object drawn because copyright extends only

to the description or expression of the object and not to the object itself. It
does not prevent one from using the drawings to construct the object
portrayed in the drawing.
IMPERIAL HOMES CORP. v LAMONT and SCHOLTZ HOMES, INC. v MADDOX
It was held that there is no copyright infringement when one who, without
being authorized, uses a copyrighted architectural plan to construct a
structure. This is because the copyright does not extend to the structures
themselves.
PEARL AND DEAN v SHOEMART
It is contended that the copyright over the engineering drawings extended
ipso facto to the actual light boxes depicted or illustrated in the said
drawings.
SC held that SMI is not liable for infringing Pearl and Deans copyright over
the technical drawings of the latters advertising display.
Copyright, in the strict sense of the term, is purely a statutory right. Being a
mere statutory grant, the rights are limited to what the statute confers. It
may obtained and enjoyed only with respect to the subjects and by the
persons, and on terms and conditions specified in the statute. Accordingly, it
can cover only the works falling within the statutory enumeration or
description.
KHO v CA
SC ruled that Copyrights, Patents and Trademark (three legal rights) are
completely distinct and separate from one another, and the protection
afforded by one cannot be used interchangeably to cover items or works that
exclusively pertain to the others;
TRADEMARK is any visible sign capable of distinguishing the goods
(trademark) or services (service mark) of an enterprise and shall include a
stamped or marked container of goods. In relation thereto, a trade name
means the name or designation identifying or distinguishing an enterprise.
COPYRIGHT, its scope is confined to literary and artistic works which are
original intellectual creations in the literary and artistic domain protected
from the moment of their creation.
PATENTABLE INVENTIONS refers to any technical solution of a problem in any
field of human activity which is new, involves an inventive step and is
industrially applicable.
DERIVATIVE WORKS
Are creations that are based on an existing work. Thus, the series of film
Harry Potter is a derivative work based on the novel of the same title.
A song that is a re-make of an old song is another example of derivative
works.
The following derivative works shall be protected by copyright:
1. Dramatizations, translations, adaptations, abridgements, 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.
*these works shall be protected as a new works, provided, however that such
new work shall
a. not affect the force of any subsisting copyright upon
the original works employed or any part thereof,
b. or be construed to imply any right to such use of the original works,
c. or to secure or extend copyright in such original works.

PUBLISHERS RIGHT
PUBLISHER is someone who makes something public.
It is someone who is engaged in the business of publishing reading
materials such as books, newspaper and magazines.
PRODUCERS publisher of song
MOVIE PRODUCER in film industry.
Under the law, publisher shall have a copyright consisting merely of the
RIGHT OF REPRODUCTION OF THE TYPOGRAPHICAL ARRANGEMENT OF THE
PUBLISHED EDITION OF THE WORK. It may be expanded by agreement with
the author who generally owns the copyright.

UNPROTECTED WORK
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; (ONLY EXPRESSION OF THESE MAY BE
PROTECTED).
2. News of the day and other miscellaneous facts having the character of
mere items of press information; (pertains mainly to news of the day for no
one can have the monopoly of news or current events) or
3. Any official text of a legislative, administrative or legal nature, as well as
any official translation thereof. (Official government texts from the three
branches of the government)

WORK OF THE GOVERNMENT

Is a work created by an officer or employee of the Philippine Government or
any of its subdivisions and instrumentalities, including GOCC as part of his
regularly prescribed official duties.
It cannot be protected by copyright.
TWO ELEMENTS MUST BE PRESENT IN ORDER TO BE DEEMED AS WORK OF
THE GOVERNMENT.
1. That the creator must be an officer or employee of the government.
2. The work was done as part of his regularly prescribed official duties.
GOVERNMENT AS COPYRIGHT OWNER
Sec 176.3 the govt is not precluded from receiving and holding copyrights
transferred to it by assignment, bequest or otherwise; nor shall publication or
republication by the government in a public document of any work in which
copyright is subsisting be taken to cause any abridgment or annulment of

copyright or to authorize any use or appropriation of such work without the

consent of the copyright owner.

OWNERSHIP OF COPYRIGHT
1. In the case of original literary and artistic works AUTHOR OF THE WORK.
2. Work of Joint Authorship CO-AUTHORS
a. Absence of agreement their rights shall be governed by Coownership;
3. Joint Authorship consists of parts that can be used separately and the
author of each part can be identified AUTHOR OF EACH PART SHALL BE THE
ORIGINAL OWNER OF THE COPYRIGHT IN THE PART THAT HE HAS CREATED.
4. Work created in course of employment. Owner of Copyright.
a. Creation of the object of copyright is not a part of his regular duties
even if the employee uses the time, facilities and materials of the employer
EMPLOYEE.
b. Work is the result of the performance of his regularly-assigned
duties, unless there is an agreement, express or implied, to the contrary
EMPLOYER.
5. Work commissioned by a person other than an employer of the author and
who pays for it and work is made in pursuance of the commission PERSON
WHO COMMISSIONED THE WORK SHALL HAVE OWNERSHIP OPF WORK but
COPYRIGHT REMAIN WITH THE CREATOR, UNLESS THERE IS WRITTEN
STIPULATION TO THE CONTRARY.
6. Audio-visual work Producer, author of scenario, the composer of the
music, the film director, and the author of the work so adapted.
7. Letter Writer subject to the provision of Art 723 of Civil Code.

The copyright owners or their heirs may designate a society of artists, writer
or composers to enforce their economic rights and moral rights on their
behalf.
LIMITATION ON COPYRIGHT
The followings acts shall not constitute infringement of copyright:
1. The recitation or performance of a work, once it has been lawfully made
accessible to the public, if done privately and free of charge or if made
strictly for a charitable or religious institution or society.
The work must therefore have been published and that publication
must be lawfully made.
2. The making of quotations from a published work if they are compatible
with fair use and only to the extent justified for the purpose, including
quotations from newspaper articles and periodicals in the form of press
summaries, provided that the source and the name of the author, if
appearing on the work, are mentioned.
Published works are those works, which, with the consent of the
authors, are made available to the public by wire or wireless means in such a
way that members of the public may access these works from a place and
time individually chosen by them, provided that availability of such copies

has been such, as to satisfy the reasonable requirements of the public,

having regard to the nature of the work.
3. The reproduction or communication to the public by mass media of articles
on current political, social, economic, scientific or religious topic, lectures,
addresses and other works of the same nature, which are delivered in public
if such use is for information purposes and has not been expressly reserved,
provided that the source is clearly indicated.
Reproduction is the making on one (1) or more copies of a work or a
sound recording in any manner or form.
4. The reproduction and communication to the public of literary, scientific or
artistic works as part of reports of current events by means of photography,
cinematography or broadcasting to the extent necessary for the purpose.
5. The inclusion of a work in a publication, or other communication to the
public, sound recording or film, if such inclusion is made by way of illustration
for teaching purposes and is compatible with fair use, provided that the
source and of the name of the author, if appearing in the work, are
mentioned.
6. The recording made in schools, universities, or educational institutions of a
work included in a broadcast for the use of such schools, universities or
educational institutions, provided that such recording must be deleted within
a reasonable period after they were first broadcast, provided further that
such recording may not be made from audiovisual works which are part of the
general cinema repertoire of feature films except for brief excerpts of the
work.
7. The making of ephemeral recordings by a broadcasting organization by
means of its own facilities and for use in its own broadcast.
Thus, a short-lived sound clip from a song or a movie may be used in a
radio broadcast without infringing copyright.
8. The use made of a work by or under the direction or control of the
government, by the National Library or by educational. Scientific or
professional institutions where such use is in the public interest and is
compatible with fair use.
This presupposes governments use of a work for public interest. Unlike
in the exercise of power of eminent domain, no payment of just
compensation is necessary for such use.
9. The public performance or the communication to the public of a work, in a
place where no admission fee is charged in respect of such public
performance or communication, by a club or institution for charitable or
educational purpose only, whose aim is not profit making, subject to such
other limitations as may be provided in the regulations.
Communication to the public means the making of a work available to
the public by wire or wireless means in such a way that members of the
public may access these works from a place and time individually chosen by
them.

10. Public display of the original or a copy of the work not made by means of
a film, slide, television image or otherwise on screen or by means of any
other device or process, provided that either the work has been published, or,
that original or the copy displayed has been sold, given away or otherwise
transferred to another person by the author or his successor in title.
11. Any use made of a work for the purpose of any judicial proceedings or for
the giving of professional advice by a legal practitioner.

FAIR USE
Is using somebodys work fairly, i.e. what is reasonable under the
circumstances.
It is a universally accepted limitation to copyright.
The difficulty lies in the subjectivity of what is fair under the circumstances.
Sec 185. FAIR USE OF A COPYRIGHTED WORK. In determining whether the use
is fair use, the factors to be considered shall include:
1. The purpose and character of the use, including whether such use is of a
commercial nature or is for non-profit educational purposes;
2. The nature of the copyrighted work;
3. The amount and substantially of the portion used in relation to the
copyrighted work as a whole; and
4. The effect of the use upon the potential market for or value of the
copyrighted work.
- The provision also incorporates the universally recognized factors in
determining fair use. These factors are:
1. The purpose and character of the use. Thus, lifting of large part of a work
may be justified for purposes of scholarly criticism but not when it will be
used to explain a similar point.
2. The nature of the copyrighted work. For instance, rules as to quotations
from true-to-life story about a historical figure may be relaxed as compared to
quotations from a non-fiction story book.
3. The amount and substantiality of the work used. Based on the law, practice
and jurisprudence, it is evident that substantiality weighs more than the
amount.
*To constitute an infringement, it is not necessary that the whole or even a
large portion of the work shall have been copied. When there is a substantial
reproduction of a book? It does not necessarily require 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.

PLAGIARISM v COPYRIGHT INFRINGEMENT

Plagiarism is the practice of claiming or implying original authorship of (or
incorporating material form) someone elses written or creative work, in
whole or in part, into ones own without adequate acknowledgement.

Copyright Infringement is a violation of the rights of the copyright holder,

when material is used without the copyright holders consent. On the other
hand, plagiarism is concerned with the unearned increment to the
plagiarizing authors reputation that is achieved through false claims of
authorship.