Philippine Public Domain: Understanding Copyright Expiry

The term public domain refers to creative materials that are not protected by intellectual property laws such as copyright, trademark, or patent laws. In the Philippines, copyrighted works enter the public domain in four common ways: copyright expiration, the owner's failure to follow copyright renewal rules, the owner's deliberate placement of the work in the public domain, or the work not being protected by copyright law. Under Philippine copyright law, artistic and literary works are protected during the life of the author and for 50 years after their death. Works of joint authorship are protected during the life of the last surviving author and for 50 years after their death. Anonymous or pseudonymous works are protected for 50 years from the date of first lawful publication or, if unpublished, for 50 years from the date of creation. Understanding when copyrighted works enter the public domain in the Philippines is crucial for individuals and organizations to avoid legal issues and ensure compliance with intellectual property laws.

Copyright protection for artistic, literary and derivative works

In the Philippines, copyright protection for artistic, literary, and derivative works is extensive. These works are protected by copyright "by the sole fact of their creation, irrespective of their mode or form of expression, as well as their content, quality, and purpose."

Artistic and literary works include books, pamphlets, articles, writings, musical compositions, drawings, paintings, sculptures, films, and more. Derivative works include dramatizations, translations, adaptations, abridgements, and other alterations of existing artistic or literary works. Collections of literary, scholarly, or artistic works are also considered derivative works.

Copyright protection for these works begins at the moment of their creation and lasts for the lifetime of the author, plus 50 years after their death. In cases of joint authorship, the protection lasts for 50 years after the death of the last surviving author. For anonymous or pseudonymous works, the protection lasts for 50 years from the date of publication or, if unpublished, 50 years from the date of creation.

It is important to note that copyright protection in the Philippines does not cover ideas, procedures, systems, methods, operations, concepts, principles, discoveries, or data. Works of the Philippine government are also not protected by copyright, although prior approval from the appropriate government agency is required to exploit such works for profit.

Copyright protection for posthumous works

In the Philippines, copyright protection for artistic, literary, and derivative works lasts during the lifetime of the author and for 50 years after their death. This rule also applies to posthumous works.

The term of protection after the author's death shall run from the first day of January of the year following their death or the publication of their work. This means that if an author dies in December 2023, the term of protection will begin on January 1, 2024, and last until December 31, 2074.

In the case of joint authorship, the economic rights shall be protected during the lifetime of the last surviving author and for 50 years after their death.

Copyright protection for works of joint authorship

In the Philippines, copyright protection for works of joint authorship lasts during the lifetime of the last surviving author and for 50 years after their death. This is outlined in the Intellectual Property Code of the Philippines (IP Code), which came into effect on January 1, 1998.

The IP Code states that, in the case of works of joint authorship, the co-authors are the original owners of the copyright. In the absence of an agreement, their rights are governed by the rules on co-ownership. If the work consists of parts that can be used separately and the author of each part can be identified, the author of each part is the original owner of the copyright in that part.

The IP Code also covers the following scenarios:

• If the work is created during the course of employment, the copyright belongs to the employee if the creation of the work is not part of their regular duties, even if they use the time, facilities, and materials of the employer. If the work is the result of the performance of their regularly assigned duties, the copyright belongs to the employer unless otherwise agreed.
• If the work is commissioned and paid for by someone other than the employer, the commissioner owns the work, but the copyright remains with the creator unless otherwise stipulated in writing.
• In the case of audiovisual works, the copyright belongs to the producer, the author of the scenario, the music composer, the film director, and the author of the work adapted. However, the producer's rights are limited to what is required for the exhibition of the work, except for the right to collect license fees for the performance of musical compositions.
• With respect to letters, the copyright belongs to the writer, subject to certain conditions.

Overall, the IP Code of the Philippines provides a comprehensive framework for protecting the rights of creators and ensuring the proper use and distribution of copyrighted works.

Copyright protection for anonymous or pseudonymous works

In the Philippines, copyright protection for anonymous or pseudonymous works lasts for 50 years from the date of the work's first lawful publication. If the work is not published, copyright protection lasts for 50 years from the date of its creation. This is outlined in the Intellectual Property Code of the Philippines (Republic Act No. 8293), which came into effect on January 1, 1998.

The Code defines anonymous works as those where the author's identity is not revealed. In the case of pseudonymous works, the publisher is deemed to represent the author unless the author's identity is revealed or can be deduced from the pseudonym.

The Code also provides for the registration and deposit of copyrighted works with the National Library and the Supreme Court Library. While registration is not mandatory, it establishes a public record of the copyright claim.

Copyright protection for literary, artistic, and derivative works exists from the moment of creation and lasts during the lifetime of the author plus 50 years after their death. This rule also applies to posthumous works.

In the case of works with multiple authors, the economic rights are protected during the lifetime of the last surviving author plus 50 years after their death.

Copyright protection for audiovisual works

Audiovisual works are protected by copyright in the Philippines from the moment of their creation. This includes works produced by a process analogous to cinematography or any process for making audio-visual recordings.

• The right to carry out, authorize, or prevent reproduction of the work or a substantial portion of the work.
• The right to dramatize, translate, adapt, abridge, arrange, or otherwise transform the work.
• The right to distribute the original and each copy of the work by sale or other forms of transfer of ownership.
• The right to rent the original or a copy of the audiovisual work.
• The right to publicly display the original or a copy of the work.
• The right to publicly perform the work.
• The right to communicate the work to the public.

The duration of copyright protection for audiovisual works in the Philippines is 50 years from the date of publication. If the work remains unpublished, it is protected for 50 years from the date of its creation.

In addition to the copyright protection provided by the Intellectual Property Code of the Philippines, the Optical Media Act of 2003 also ensures the protection of copyright owners over audiovisual works. This Act regulates the manufacture, replication, importation, and exportation of optical media and aims to protect local artists against piracy.

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