Keith Mack
Copyright law in the Philippines is governed by the Intellectual Property Code of the Philippines (IP Code), which came into effect on January 1, 1998. The IP Code grants legal protection to the owners of original works in the literary, scientific, and artistic domains, including books, writings, musical compositions, films, paintings, computer programs, and other works. This protection arises automatically upon creation and covers both economic and moral rights. Copyright infringement in the Philippines can result in criminal penalties, including imprisonment and fines, and civil remedies such as damages and injunctions. The Intellectual Property Office (IPOPHL) is the primary agency responsible for enforcing copyright laws and resolving disputes. This introduction provides a glimpse into the key aspects of copyright law in the Philippines, and the following sections will delve further into the intricacies of this legal framework.
| Characteristics | Values |
|---|---|
| Definition of copyright | Legal protection extended to the owner of the rights in an original work |
| What constitutes copyright infringement | Violation of any of the exclusive economic or moral rights granted to the copyright owner |
| What is considered a copyrightable work | Original intellectual creations in the literary, scientific and artistic domain |
| What is not considered a copyrightable work | Any idea, procedure, system, method or operation, concept, principle, discovery or mere data, news of the day, and other facts of a press information nature, or any official text of a legislative, administrative or legal nature |
| Copyright protection duration for literary and artistic works | During the lifetime of the author plus 50 years after the author’s death |
| Copyright protection duration for anonymous or pseudonymous works | 50 years from the date on which the work was first lawfully published |
| Copyright protection duration for works of applied art | 25 years from the date it was made |
| Copyright protection duration for posthumous works | 50 years after the author’s death |
| Copyright protection for government works | No copyright protection for works of the Government of the Philippines, except with prior approval of the government agency or office for exploitation of such work for profit |
| Copyright registration requirements | Duly accomplished registration and deposit form, document evidencing ownership of the copyright |
| Copyright infringement penalties | Imprisonment of one to three years plus a fine ranging from 50,000 to 150,000 pesos for the first offense, with increasing penalties for subsequent offenses |
| Fair use of copyrighted material | Criticism, comment, news reporting, teaching, scholarship, research, and similar purposes |
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What You'll Learn
Copyright infringement
Copyright is the legal protection extended to the owner of the rights in an original work. In the Philippines, copyright covers literary and artistic works, as well as derivative works, which are original intellectual creations in the literary and artistic domain. Copyright protection begins from the moment of creation, and it is not necessary to register a work before the creator can enjoy the rights and protections granted by copyright. Copyright protection for artistic, literary, and derivative works lasts during the lifetime of the author and for 50 years after the author's death. This term of protection also applies to posthumous works and, in the case of joint authorship, during the lifetime of the last surviving author.
While creators may invoke fair use as a defence against copyright infringement, its success depends on the circumstances of the work's use. Fair use allows for the use of copyrighted works for purposes of criticism, comment, news reporting, teaching, research, and other similar purposes. However, it is still recommended to seek permission from the authors of copyrighted works before reusing them.
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Copyright duration
In the Philippines, copyright protection for artistic, literary, and derivative works extends beyond the lifetime of the author. The protection lasts for the entirety of the author's life and for 50 years after their death. This rule also applies to posthumous works. In the case of joint authorship, the economic rights are protected during the lifetime of the last surviving author, plus 50 years after that author's death. This term always begins on the first day of January of the year following the death of the author.
For anonymous or pseudonymous works, copyright protection lasts for 50 years from the date of lawful publication. If the work is never published, it is protected for 50 years from the date of its creation.
Copyright protection in the Philippines is granted to original intellectual creations in the literary, scientific, and artistic domains. This includes books and other writings, musical works, films, and photographic works, ornamental designs, models of manufacture, paintings, sculptures, and other works of art, as well as computer programs and mobile apps.
It is important to note that copyright protection in the Philippines is automatic for literary and artistic creations from the moment they are created. There is no need to register a work for it to be protected under copyright law.
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Copyright registration
To register a copyright in the Philippines, one must submit a completed application form and the required documents to the Copyright Division of the IPO. This can be done in person, by mail, or online. The application form and copies of the work can be obtained from the National Library of the Philippines (NLP) or the Supreme Court Library. The NLP and the Supreme Court Library are also the places where one must submit their application, along with the necessary fees. Upon approval, the applicant will receive a Certificate of Copyright Registration, which serves as proof of their rights over the work.
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Fair use
In the Philippines, fair use is outlined in the Intellectual Property Code (IPC) and allows the use of copyrighted work without obtaining prior permission from the copyright holder under certain factors. The general principle of fair use is found in Section 185 of the IPC, which states that copyright works are subject to exceptions or limitations that do not violate a copyright holder's exclusive economic rights.
The Intellectual Property Office of the Philippines (IPOPHL) has released guidelines on statutory fair use to provide awareness and clarity on the principles and limitations of copyright. The guidelines discuss specific instances where fair use limits copyright protection, such as private and non-profit performances, news reporting, judicial proceedings, and works intended for the visually impaired.
To determine whether the use of a copyrighted work constitutes fair use, the following factors are considered:
- The purpose and character of the use, including whether it is of a commercial nature or for non-profit educational purposes, criticism, comment, news reporting, teaching, research, or similar purposes.
- The nature of the copyrighted work.
- The amount and substantiality of the portion used in relation to the copyrighted work as a whole.
- The effect of the use on the potential market for or value of the copyrighted work.
It is important to note that fair use is not a defence against copyright infringement, and permission should be sought from the copyright owner whenever possible.
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Criminal liability
In the Philippines, copyright infringement is a criminal offence. Any person infringing or aiding and abetting such infringement is guilty of a crime and may face imprisonment and/or fines.
Philippine law states that copyright infringement occurs when there is a violation of any of the exclusive economic or moral rights granted to the copyright owner. This includes possessing an infringing copy of a work for the purpose of selling, letting for hire, or offering or exposing for sale or hire; distributing the article for trade or any other purpose that prejudices the rights of the copyright owner; or exhibiting the article in public.
The penalties for copyright infringement in the Philippines are as follows: for a first offence, imprisonment of one to three years and a fine ranging from 50,000 to 150,000 pesos; for a second offence, imprisonment of three years and one day to six years, plus a fine of 150,000 to 500,000 pesos; and for a third or subsequent offence, imprisonment of six years and one day to nine years, plus a fine of 500,000 to 1,500,000 pesos.
A copyright owner may elect to recover statutory damages for infringements in an amount equivalent to the filing fee of the infringement action but not less than 50,000 pesos. If the infringer was unaware that their acts constituted copyright infringement, the court may reduce the damages to a sum of not more than 10,000 pesos.
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Frequently asked questions
Copyright is the legal protection extended to the owner of the rights in an original work.
Under Philippine law, copyright infringement occurs when there is a violation of any of the exclusive economic or moral rights granted to the copyright owner. It may also consist of aiding or abetting such infringement.
Any person found guilty of copyright infringement shall be punished by imprisonment of one to three years and a fine ranging from 50,000 to 150,000 pesos for the first offense. Imprisonment of three years and one day to six years, plus a fine ranging from 150,000 to 500,000 pesos for the second offense. Imprisonment of six years and one day to nine years, plus a fine ranging from 500,000 to 1,500,000 pesos for the third and subsequent offenses.
In the Philippines, copyright covers literary and artistic works, including books, writings, musical works, films, paintings, and other works such as computer programs.
Copyright protection for artistic, literary, and derivative works lasts during the lifetime of the author plus 50 years after the author's death.
