Republic Act No. 8293 establishes the Intellectual Property Office of the Philippines (IPOPHL). Under this act, copyright is one of the legal protections of any individual’s work.
What is a Copyright?
Copyright is the legal right of an owner of literary, artistic, or intellectual creations to publish, disseminate, display, and perform their work, or authorize others to do the same.
The Intellectual Property Office of the Philippines (IPOPHL) defines copyright as “the legal protection extended to the owner of the rights in an original work.”
It delineates “original work” as every production in the literary, scientific, and artistic domain. Literary and artistic works enumerated in the Intellectual Property (IP) Code include books and other writings, musical works, films, paintings and similar works, as well as computer programs.
Who Can Claim a Copyright?
Every originator of a piece of creative, scientific, or technological work has automatic copyright ownership.
In the case of artistic or literary works, the copyright belongs to the work’s original author.
In case of joint ownership, copyright is granted to the co-authors, subject to the rules of co-ownership. If parts of the work can be differentiated, each author will be given copyright over the parts they have authored.
In case of work created during a person’s employment, the copyright shall belong to:
- The employee – if the creation of the work has nothing to do with the employee’s regular duties even if the facilities, materials, and time of the employer were used.
- The employer – if the work created resulted from the regular duties of an employee, unless an agreement to the contrary is presented. Only the author and their designates can claim copyright.
Does a Work Need to Be Registered Before It is Infringed Upon?
No. All types of works are protected from the moment of creation regardless of their mode or form of expression, as well as of their content, quality, and purpose.
Why Do I Need to Copyright My Work if I am Automatically Deemed the Copyright Owner?
While registration is not mandatory, it is required before a copyright can be legally enforced. A copyright has to be registered before legal action can be taken against infringement, including a demand for compensation.
What Works Are Protected by Copyright?
Both original and derivative works are protected under copyright law. In accordance with Section 172 of the IP Code, the following original literary and artistic works are protected by copyright:
- Books, pamphlets, articles and other writings;
- Periodicals and newspapers;
- Lectures, sermons, addresses, dissertations prepared for oral delivery, whether or not reduced in writing or other material form;
- Letters;
- Dramatic or dramatico-musical compositions;
- Choreographic works or entertainment in dumb shows;
- Musical compositions, with or without words;
- Works of drawing, painting, architecture, sculpture, engraving, lithography or other works of art;
- Models or designs for works of art;
- Original ornamental designs or models for articles of manufacture, whether or not registrable as an industrial design, and other works of applied art;
- Illustrations, maps, plans, sketches, charts and three-dimensional works relative to geography, topography, architecture or science;
- Drawings or plastic works of a scientific or technical character;
- Photographic works including works produced by a process analogous to photography;
- Lantern slides;
- Audiovisual works and cinematographic works and works produced by a process analogous to cinematography or any process for making audio-visual recordings;
- Pictorial illustrations and advertisements;
- Computer programs; and
- Other literary, scholarly, scientific and artistic works.
Moreover, according to Section 173 of the same Code, the following derivative works are protected by copyright:
- Dramatizations, translations, adaptations, abridgments, arrangements, and other alterations of literary or artistic works; and
- 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.
What Works Are Not Protected by Copyright?
According to Section 175 and 176 of IP Code, the following works are not protected by copyright:
- Ideas, procedures, systems, methods, or operations, concepts, principles, discoveries or mere data as such, even if they are expressed, explained, illustrated or embodied in a work;
- News of the day and other miscellaneous facts having the character of mere items of press information;
- Official text of a legislative, administrative or legal nature, as well as any official translation thereof;
- Work of the Philippine Government, however prior approval by the appropriate government office or agency is required for exploitation of such work for profit
How to Copyright a Work?
Copyright owners can file a certificate of registration personally or by mail at the Copyright Division of the National Library and the Supreme Court Library.
Additionally, they can copyright their works with Intellectual Property Office (IPO), the applicant must follow these procedures:
- Fill Out the Form. Download and fill out the BCRR Transaction Form. Ensure that all given information is complete and accurate.
Submission of Requirements. Send the requirements to copyright_registration@ipophil.gov.ph. Your email subject must be “Request for Copyright Registration_(Name of Applicant)”. - Pay the Fees. Once your request form has been assessed, a Statement of Account (SOA) will be sent to you through email indicating the fees due within a period to settle payment. An email will also be sent to you confirming receipt of payment and a copy of the IPOPHL electronic receipt.
- Issuance. Upon confirmation of payment, the Bureau of Copyright and Related Rights (BCRR) will issue an eCertificate of Copyright of Registration and Deposit (eCRD). The certificate will be sent through the applicant’s email.
How Long Does a Copyrighted Work Protected?
The copyright for both original and derivative works lasts during the life of the author and an additionally of fifty (50) years after their death.
In cases of works of co-authors, the economic rights shall be protected during the lifetime of the last surviving authority and for fifty (50) years after the latter’s death.
In cases of anonymous or pseudonymous works, the copyright shall be protected for fifty (50) years from the date on which the work was first lawfully published.
Works of applied art, such as original ornamental designs or models for articles of manufacture, whether or not registrable as an industrial design, are protected for a period of twenty-five (25) years from the date of making.
Photographic works are protected for fifty (50) years from publication or making it unpublished.
Audiovisual works for fifty (50) years from the date of publication or making if unpublished.
Why is It Important to Copyright Your Works?
In the Philippines, copyright registration is optional. However, it is highly advisable as it grants the following rights to the owner of the copyright works:
- Legal Protection. Copyright protects the literary and artistic works, even derivative works, under copyright law. The © symbol establishes ownership, which helps the owner safeguard their creative works from being used and copied by others without their consent.
- Exclusive Rights. Copyright grants the owner the right to reproduce, distribute, and display their work. This allows the copyright owner to claim the statutory damages in copyright infringement cases.
- Commercial Benefits. The owner can sell, license, or use their work as a collateral loan, as long as it is copyrighted.
What are the Benefits of Consulting with a Copyright Attorney?
A copyright attorney is a legal professional who is specially trained and licensed to practice intellectual property law and protect your work from unauthorized use.
In an age when almost anything and everything can be found and freely shared online, a copyright attorney can help you stop the illegal dissemination of your work online or in the physical world.
Your legal counsel will also save you the trouble of dealing with paperwork, quickly register new copyrights, keep track of existing ones, manage expirations, renewals, and more.
Need further information and assistance regarding Copyright in the Philippines? Talk to our team at Duran & Duran-Schulze Law to know more about the requirements and process. Call us today at (+632) 8478 5826 or +63 917 194 0482, or send an email to info@duranschulze.com for more information.
