Law on Copyright (IPC as amended by RA 10372 which took effect March 22, 2013)

Section 242, Intellectual Property Code ("IPC"), as amended.

Section 240.3, IPC, as amended.
Section 237, IPC, as amended.
1. Definition of Copyright
Section 177. Copyright or Economic Rights. - Subject to the provisions of Chapter VIII, copyright or economic rights shall consist of the
exclusive right to carry out, authorize or prevent the following acts:

177.1. Reproduction of the work or substantial portion of the work;

177.2. Dramatization, translation, adaptation, abridgment, arrangement or other transformation of the work;

177.3. The first public distribution of the original and each copy of the work by sale or other forms of transfer of ownership;

177.4. Rental of the original or a copy of an audiovisual 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; (n)

177.5. Public display of the original or a copy of the work;

177.6. Public performance of the work; and

177.7. Other communication to the public of the work. (Sec. 5, P. D. No. 49a)

Rule 2, Copyright Safeguards and Regulations

Rules 11-12, Copyright Safeguards and Regulations (See separate notes)

Sections 171.3 and 171.9, IPC, as amended

171.3. "Communication to the public" or "communicate 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;
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171.9. "Reproduction" is the making of one (1) or more copies of a work or a sound recording in any manner or form (Sec. 41 (E), P.D.
No. 49 a);

2. Standard for Copyright Protection

Section 172. Literary and Artistic Works. - 172.1. Literary and artistic works, hereinafter referred to as "works", are original intellectual
creations in the literary and artistic domain protected from the moment of their creation and shall include in particular:

(a) Books, pamphlets, articles and other writings;

(b) Periodicals and newspapers;

(c) Lectures, sermons, addresses, dissertations prepared for oral delivery, whether or not reduced in writing or other material form;

(d) Letters;

(e) Dramatic or dramatico-musical compositions; choreographic works or entertainment in dumb shows;

(f) Musical compositions, with or without words;

(g) Works of drawing, painting, architecture, sculpture, engraving, lithography or other works of art; models or designs for works of
art;

(h) Original ornamental designs or models for articles of manufacture, whether or not registrable as an industrial design, and other
works of applied art;

(i) Illustrations, maps, plans, sketches, charts and three-dimensional works relative to geography, topography, architecture or
science;

(j) Drawings or plastic works of a scientific or technical character;

(k) Photographic works including works produced by a process analogous to photography; lantern slides;

(l) Audiovisual works and cinematographic works and works produced by a process analogous to cinematography or any process for
making audio-visual recordings;

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 (m) Pictorial illustrations and advertisements;

(n) Computer programs; and

(o) Other literary, scholarly, scientific and artistic works.

172.2. 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. (Sec. 2, P.D. No. 49a)
Ching Kian Chuan v. CA, 363 SCRA 142 (2001)

3. When does Copyright vest?

Santos v. McCullough Printing Co., 12 SCRA 321 (1964)
Filipino Society of Composers v. Benjamin Tan, 148 SCRA 461 (1987)
Sec. 2, PD 49
Section 2. The Rights granted by this Decree shall, from the moment of creation, subsist with respect to any of the following classes of
works:

(A) Books, including composite and encyclopedic works, manuscripts, directories, and gazetteers;

(B) Periodicals, including pamphlets and newspapers;

(C) Lectures, sermons, addresses, dissertations prepared for oral delivery;

(D) Letters;

(E) Dramatic or dramatico-musical compositions; choreographic works and entertainments in dumb shows, the acting form of which
is fixed in writing or otherwise;

(F) Musical compositions, with or without words;

(G) Works of drawing, painting, architecture, sculpture, engraving, lithography, and other works of art; models or designs for works
of art;

(H) Reproductions of a work of art;

(I) Original ornamental designs or models for articles of manufacture, whether or not patentable, and other works of applied art;

(J) Maps, plans, sketches, and charts;

(K) Drawings, or plastic works of a scientific or technical character;

(L) Photographic works and works produced by a process analogous to photography; lantern slides;

(M) Cinematographic works and works produced by a process analogous to cinematography or any process for making audio-visual
recordings;

(N) Computer programs;

(O) Prints, pictorial, illustration, advertising copies, labels, tags, and box wraps;

(P) Dramatization, translations, adaptations, abridgements, arrangements and other alterations of literary, musical or artistic works
or of works of the Philippine Government as herein defined, which shall be protected as provided in Section 8 of this Decree.

(Q) Collection of literary, scholarly, or artistic works or of works referred to in Section 9 of this Decree which by reason of the
selection and arrangement of their contents constitute intellectual creations, the same to be protected as such in accordance with
Section 8 of this Decree.

(R) Other literary, scholarly, scientific and artistic works.

Article 5(2), Berne Convention for the Protection of Literacy and Artistic Works
(2) The enjoyment and the exercise of these rights shall not be subject to any formality; such enjoyment and such exercise shall be
independent of the existence of protection in the country of origin of the work. Consequently, apart from the provisions of this
Convention, the extent of protection, as well as the means of redress afforded to the author to protect his rights, shall be governed
exclusively by the laws of the country where protection is claimed.

Section 172 and 172.2, IPC (See above)

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 Rule 7, Sections 2-4, Copyright Safeguards and Regulations (See separate notes)
Manly Sportwear Manufacturing, Inc. vs. Dadodette Enterprises , 470 SCRA 384 (2005)

4. Deposit of Copyrightable Materials

Section 191. Registration and Deposit with National Library and the Supreme Court Library . - After the first public dissemination of
performance by authority of the copyright owner of a work falling under Subsections 172.1, 172.2 and 172.3 of this Act, there shall, for
the purpose of completing the records of the National Library and the Supreme Court Library, within three (3) weeks, be registered and
deposited with it, by personal delivery or by registered mail two (2) complete copies or reproductions of the work in such form as the
directors of said libraries may prescribe. A certificate of deposit shall be issued for which the prescribed fee shall be col lected and the
copyright owner shall be exempt from making additional deposit of the works with the National Library and the Supreme Court Library
under other laws. If, within three (3) weeks after receipt by the copyright owner of a written demand from the directors for such deposit,
the required copies or reproductions are not delivered and the fee is not paid, the copyright owner shall be liable to pay a fine equivalent
to the required fee per month of delay and to pay to the National Library and the Supreme Court Library the amount of the retail price of
the best edition of the work. Only the above-mentioned classes of work shall be accepted for deposit by the National Library and the
Supreme Court Library. (Sec. 26, P.D. No. 49a)

Section 192. Notice of Copyright. - Each copy of a work published or offered for sale may contain a notice bearing the name of the
copyright owner, and the year of its first publication, and, in copies produced after the creator's death, the year of such death. (Sec. 27,
P.D. No. 49a)
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Section 227. Ownership of Deposit and Instruments. - 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. (Sec. 60, P.D. No.
49)

Section 228. 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. (Sec. 61, P.D. No. 49)

Section 229. 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. (Sec. 62, P.D. 49a)

Rule 5, Copyright Safeguards and Regulations (See separate notes)

Intellectual Property Code

Section 218. Affidavit Evidence. - 218.1. In an action under this Chapter, an affidavit made before a notary public by or on behalf of the
owner of the copyright in any work or other subject matter and stating that:

(a) At the time specified therein, copyright subsisted in the work or other subject matter;

(b) He or the person named therein is the owner of the copyright; and

(c) The copy of the work or other subject matter annexed thereto is a true copy thereof, shall be admitted in evidence in any
proceedings for an offense under this Chapter and shall be prima facie proof of the matters therein stated until the contrary is
proved, and the court before which such affidavit is produced shall assume that the affidavit was made by or on behalf of the
owner of the copyright.

218.2. In an action under this Chapter:

(a) Copyright shall be presumed to subsist in the work or other subject matter to which the action relates if the defendant does not
put in issue the question whether copyright subsists in the work or other subject matter; and

(b) Where the subsistence of the copyright is established, the plaintiff shall be presumed to be the owner of the copyright if he
claims to be the owner of the copyright and the defendant does not put in issue the question of his ownership.

(c) Where the defendant, without good faith, puts in issue the questions of whether copyright subsists in a work or other subject
matter to which the action relates, or the ownership of copyright in such work or subject matter, thereby occasioning
unnecessary costs or delay in the proceedings, the court may direct that any costs to the defendant in respect of the action shall
not be allowed by him and that any costs occasioned by the defendant to other parties shall be paid by him to such other parties.
(n)

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Section 219. Presumption of Authorship. - 219.1. The natural person whose name is indicated on a work in the usual manner as the
author shall, in the absence of proof to the contrary, be presumed to be the author of the work. This provision shall be applicable even if
the name is a pseudonym, where the pseudonym leaves no doubt as to the identity of the author.

219.2. The person or body corporate whose name appears on a audio-visual work in the usual manner shall, in the absence of proof to
the contrary, be presumed to be the maker of said work. (n)

Section 220. International Registration of Works. - A statement concerning a work, recorded in an international register in accordance
with an international treaty to which the Philippines is or may become a party, shall be construed as true until the contrary is proved
except:

220.1. Where the statement cannot be valid under this Act or any other law concerning intellectual property.

220.2. Where the statement is contradicted by another statement recorded in the international register. (n)

5. Scope of Copyright
Article 2, Berne Convention for the Protection of Literacy and Artistic Works

Article 2
Protected Works:
1. Literary and artistic works; 2. Possible requirement of fixation; 3. Derivative works;
4. Official texts; 5. Collections; 6. Obligation to protect; beneficiaries of protection;
7. Works of applied art and industrial designs; 8. News
(1) The expression literary and artistic works shall include every production in the literary, scientific and artistic domain, whatever
may be the mode or form of its expression, such as books, pamphlets and other writings; lectures, addresses, sermons and other
works of the same nature; dramatic or dramatico-musical works; choreographic works and entertainments in dumb show;
musical compositions with or without words; cinematographic works to which are assimilated works expressed by a process
analogous to cinematography; works of drawing, painting, architecture, sculpture, engraving and lithography; photographic
works to which are assimilated works expressed by a process analogous to photography; works of applied art; illustrations,
maps, plans, sketches and three-dimensional works relative to geography, topography, architecture or science.
(2) It shall, however, be a matter for legislation in the countries of the Union to prescribe that works in general or any specif ied
categories of works shall not be protected unless they have been fixed in some material form.
(3) Translations, adaptations, arrangements of music and other alterations of a literary or artistic work shall be protected as original
works without prejudice to the copyright in the original work.
(4) It shall be a matter for legislation in the countries of the Union to determine the protection to be granted to official texts of a
legislative, administrative and legal nature, and to official translations of such texts.
(5) Collections of literary or artistic works such as encyclopaedias and anthologies which, by reason of the selection and arrangement
of their contents, constitute intellectual creations shall be protected as such, without prejudice to the copyright in each of the
works forming part of such collections.
(6) The works mentioned in this Article shall enjoy protection in all countries of the Union. This protection shall operate for the
benefit of the author and his successors in title.
(7) Subject to the provisions of Article 7(4) of this Convention, it shall be a matter for legislation in the countries of the Union to
determine the extent of the application of their laws to works of applied art and industrial designs and models, as well as the
conditions under which such works, designs and models shall be protected. Works protected in the country of origin solely as
designs and models shall be entitled in another country of the Union only to such special protection as is granted in that country
to designs and models; however, if no such special protection is granted in that country, such works shall be protected as artistic
works.
(8) The protection of this Convention shall not apply to news of the day or to miscellaneous facts having the character of mere items
of press information.

Article 2bis
Possible Limitation of Protection of Certain Works:
1. Certain speeches; 2. Certain uses of lectures and addresses; 3. Right to make collections of such works
(1) It shall be a matter for legislation in the countries of the Union to exclude, wholly or in part, from the protection provided by the
preceding Article political speeches and speeches delivered in the course of legal proceedings.
(2) It shall also be a matter for legislation in the countries of the Union to determine the conditions under which lectures, addresses
and other works of the same nature which are delivered in public may be reproduced by the press, broadcast, communicated to
the public by wire and made the subject of public communication as envisaged in Article 11bis(1) of this Convention, when such
use is justified by the informatory purpose.
(3) Nevertheless, the author shall enjoy the exclusive right of making a collection of his works mentioned in the preceding
paragraphs.

Intellectual Property Code

Section 171.10. A "work of applied art" is an artistic creation with utilitarian functions or incorporated in a useful article, whether made by
hand or produced on an industrial scale;
Sections 172, 172.2, (See Above)

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Section 173. Derivative Works. - 173.1. The following derivative works shall also be protected by copyright:

(a) Dramatizations, translations, adaptations, abridgments, arrangements, and other alterations of literary or artistic works; and

(b) 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. (Sec. 2, [P] and [Q], P.D. No. 49)

173.2. The works referred to in paragraphs (a) and (b) of Subsection 173.1 shall be protected as new works: Provided however, That
such new work shall not affect the force of any subsisting copyright upon the original works employed or any part thereof, or be
construed to imply any right to such use of the original works, or to secure or extend copyright in such original works. (Sec. 8, P.D. 49;
Art. 10, TRIPS)
Section 174. Published Edition of Work. - In addition to the right to publish granted by the author, his heirs, or assigns, the publisher
shall have a copyright consisting merely of the right of reproduction of the typographical arrangement of the published edition of the
work. (n)

Section 175. Unprotected Subject Matter. - Notwithstanding the provisions of Sections 172 and 173, no protection shall extend, under
this law, to 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; news of the day and other miscellaneous facts having the character of mere
items of press information; or any official text of a legislative, administrative or legal nature, as well as any official translation thereof (n)

Section 176. Works of the Government. - 176.1. No copyright shall subsist in any work of the Government of the Philippines. However,
prior approval of the government agency or office wherein the work is created shall be necessary for exploitation of such work for profit.
Such agency or office may, among other things, impose as a condition the payment of royalties. No prior approval or conditions shall be
required for the use of any purpose of statutes, rules and regulations, and speeches, lectures, sermons, addresses, and dissertations,
pronounced, read or rendered in courts of justice, before administrative agencies, in deliberative assemblies and in meetings of public
character. (Sec. 9, first par., P.D. No. 49)

176.2. The author of speeches, lectures, sermons, addresses, and dissertations mentioned in the preceding paragraphs shall have the
exclusive right of making a collection of his works. (n)

176.3. Notwithstanding the foregoing provisions, the Government 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 the copyright or to authorize any use or appropriation of such
work without the consent of the copyright owner. (Sec. 9, third par., P.D. No. 49)
Joaquin v. Drilon, 302 SCRA 225 (1999)
United Feature Syndicate v. Munsingwear, 179 SCRA 260 (1989)
Feist Publications, Inc. v. Rural Tel. Service Co., 499 U.S. 340
Jessie Ching vs. William Salinas, 462 SCRA 241 (2005)
Pearl & Dean v. Shoemart, Inc., 409 SCRA 231 (2003)
ABSCBN Corp. v Gozon, GR No. 195196, March 11, 2015