COPYRIGH T LAW of the PHILIPPINE S. a legal concept, enacted by most governments, giving the creator of an original work exclusive rights to it, usually.

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Presentation transcript:

COPYRIGH T LAW of the PHILIPPINE S

a legal concept, enacted by most governments, giving the creator of an original work exclusive rights to it, usually for a limited time.

Philippine copyright law is enshrined in the Intellectual Property Code of the Philippines, officially known as Republic Act No 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.

LAW ON INTELLECTUAL PROPERTY [ REPUBLIC ACT. 8293] an act prescribing the intellectual property code and establishing the intellectual property office, providing for its powers and functions, and for other purposes. -published on January 10, 1879 in the Gaceta de Madrid on January 12, 1879.

The Intellectual Property Code splits works that may be copyrighted into 17 classes. 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. LITERATURE (BOOKS, PAMPHLETS, ETC.) B. PERIODICALS (NEWSPAPERS, TABLOIDS, MAGAZINES, ETC.) C. PUBLIC SPEECHES AND OTHER PUBLIC SPEAKING WORKS (SPEECHES, LECTURES, SERMONS, ETC.) D. LETTERS F. TELEVISION OR MOVIE SCRIPTS, CHOREOGRAPHY, AND ENTERTAINMENT IN SHOWS F: MUSICAL WORKS (LYRICS, SONGS, SONG ARRANGEMENTS, ETC.) 17 classes:

G: ART PRODUCTS (DRAWINGS, PAINTINGS. SCULPTURES, ETC.) H: ORNAMENTAL DESIGNS AND OTHER FORMS OF APPLIED ART (NOT NECESSARILY INDUSTRIAL DESIGNS) I: GEOGRAPHICAL, TOPOGRAPHICAL, ARCHITECTURAL, AND SCIENTIFIC WORKS (MAPS, CHARTS, PLANS, ETC.) J: SCIENTIFIC AND TECHNICAL DRAWINGS

K: PHOTOGRAPHS AND CINEMATOGRAPHIC WORKS MADE IN A PROCESS SIMILAR TO PHOTOGRAPHY L: AUDIO-VISUAL WORKS AND CINEMATOGRAPHIC WORKS MADE IN A PROCESS SIMILAR TO MAKING AUDIO-VISUAL WORKS M: PICTURES USED IN ADVERTISING (INCLUDES LOGOS) N: COMPUTER PROGRAMS O: OTHER WORKS NOT COVERED IN CLASSES A-N OF A LITERARY, SCHOLARLY, SCIENTIFIC, OR ARTISTIC NATURE P: SOUND RECORDINGS Q: BROADCASTS

MORAL RIGHTS

1. 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 Under Philippine copyright law, moral rights are relatively expansive on the behalf of the copyright holder.

2. 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 Under Philippine copyright law, moral rights are relatively expansive on the behalf of the copyright holder.

- 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 The Intellectual Property Code also permits the waiver of moral rights in most cases, but does not allow it if the following situations occur:

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. Ownership of 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. Government Copyright

MISCELLANEOUS PROVISIONS

OWNERSHIP OF DEPOSIT AND INSTRUMENT All copies deposited and instruments in writing filed with the National Library and the Supreme Court Library in accordance with the provisions of this Act shall become the property of the Government.

PUBLIC RECORDS The section or division of the National Library and the Supreme Court Library charged with receiving copies and instruments deposited and with keeping records required under this Act and everything in it shall be opened to public inspection. The Director of the National Library is empowered to issue such safeguards and regulations as may be necessary to implement this Section and other provisions of this Act.

COPYRIGHT DIVISION FEES The Copyright Section of the National Library shall be classified as a Division upon the effectivity of this Act. 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