Copyright [PPT and Book]

• Author


  is the natural person who has created the work.
• Collective Work


  is a work which has been created by two (2) or morenatural persons at the initiative and under the direction of anotherwith the understanding that it will be disclosed by the latter under hisown name and that contributing natural persons will not be identified.
• Communication to the Public


  means the making of a work availableto the public by wire or wireless means in such a way that members ofthe public may access these works from a place and time individuallychosen by them
• Public Lending


  is the transfer of possession of the original or a copyof a work or sound recording for a limited period, for non-profitpurposes, by an institution the services of which are available to thepublic, such as public library or archive.
• Public Performance

  in the case of a work other than an audiovisual work, is the recitation, playing, dancing, acting or otherwise performing the work, either directly or by means of any device or process; in the case of an audiovisual work, the showing of its images in sequence and the making of the sounds accompanying it audible; and, in the case of a sound recording, making the recorded sounds audible at a place or at places where persons outside the normal circle of a family and that family’s closest social acquaintances are or can be present.
• Published Works

  means works, which, with the consent of theauthors, are made available to the public by wire or wireless means insuch a way that members of the public may access these works from aplace and time individually chosen by them: Provided, That availabilityof such copies has been such, as to satisfy the reasonablerequirements of the public, having regard to the nature of the work.
• Rental


  is the transfer of the possession of the original or a copy of a work or a sound recording for a limited period of time, for profit making purposes.
• Reproduction


  is the making of one (1) or more copies of a work or asound recording in any manner or form.
• 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.
• Work of the Government of the Philippines


  is a work created by anofficer or employee of the Philippine Government or any of itssubdivisions and instrumentalities, including government-owned orcontrolled corporations as a part of his regularly prescribed officialduties.
• What works are protected?

  Original Works and Derivative Works
• Original Works

  hereinafter referred to as “works”, are original intellectual creations in the literary and artistic domain.
• Derivative Works

  Dramatizations, translations, adaptations, abridgments, arrangements, and other alterations of literary or artistic works 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
• Derivative Works

  1. Dramatizations, translations, adaptations, abridgments, arrangements, and other alterations of literary or artistic works.
  2. 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.
• When are original works protected?

  Original works are protected from the moment of their creation
• How are original works protected?

  Original 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.
• How are derivative works protected?

  Derivative works 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.
• What do original works include?

  1. Books, pamphlets, articles and other writings;
  2. Periodicals and newspapers;
  3. Lectures, sermons, addresses, dissertations prepared for oral delivery, whether or not reduced in writing or other material form;
  4. Letters;
  5. Dramatic or dramatico-musical compositions; choreographic works or entertainment
  6. Musical compositions, with or without words;
  7. Works of drawing, painting, architecture, sculpture, engraving, lithography or other works of art; models or designs for works of art;
  8. Original ornamental designs or models for articles of manufacture.
• What is the extent of the publisher’s copyright?

  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.
• What works are not protected?

  1. idea, procedure, system, method or operation, concept, principle,discovery;
  2. mere data as such, even if they are expressed, explained, illustrated orembodied in a work;
  3. news of the day and other miscellaneous facts having the character of mere items of press information; or
  4. any official text of a legislative, administrative or legal nature, as wellas any official translation thereof.
• No copyright shall subsist in any work of the Government of the Philippines
• Prior approval of the government agency or office


  Necessary for exploitation of such work for profit
• Government agency or office


  • May impose payment of royalties as a condition
• Works not requiring prior approval or conditions

  • Statutes
  • Rules and regulations
  • Speeches
  • Lectures
  • Sermons
  • Addresses
  • Dissertations, pronounced, read or rendered in courts of justice, before administrative agencies, in deliberative assemblies and in meetings of public character
• Who owns the copyright?

  • The employee, if the creation of the object of copyright is not a part of his regular duties even if the employee uses the time, facilities and materials of the employer.
  • The employer, if the work is the result of the performance of his regularly assigned duties, unless there is an agreement, express or implied, to the contrary
• Who owns the copyright?

  In the case of a work commissioned by a person other than an employer of the author and who pays for it and the work is made in pursuance of the commission, the person who so commissioned the work shall have ownership of the work, but the copyright thereto shall remain with the creator, unless there is a written stipulation to the contrary
• Who owns the copyright?

  In the case of audiovisual work, the copyright shall belong to the producer, the author of the scenario, the composer of the music, the film director, and the author of the work so adapted.
• Who owns the copyright?

  However, subject to contrary or other stipulations among the creators, the producer shall exercise the copyright to an extent required for the exhibition of the work in any manner, except for the right to collect performing license fees for the performance of musical compositions, with or without words, which are incorporated into the work.
• Who owns the copyright?

  In respect of letters, the copyright shall belong to the writer
• Copyright or economic rights consist of the exclusive right to carry out, authorize or prevent the following acts:

  • Reproduction of the work or substantial portion of the work
  • Dramatization, translation, adaptation, abridgment, arrangement or other transformation of the work
  • The first public distribution of the original and each copy of the work by sale or other forms of transfer of ownership
  • 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
• What do copyright or economic rights consist of?

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

  6. Public performance of the work; and

  7. Other communication to the public of the work
• Does copyright subsist in any work of the government?

  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.
• Does copyright subsist in any work of the government?

  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.
• Does copyright subsist in any work of the government?

  • 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.
• Does copyright subsist in any work of the government?

  No prior approval or conditions shall be required for the use for 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.
• Copyright transfer

  Copyright may be transferred in whole or in part
• Copyright transfer


  • Within the scope of the transfer, the transferee is entitled to all the rights and remedies which the transferor had with respect to the copyright
  • The submission of a literary, photographic or artistic work to a newspaper, magazine or periodical for publication shall constitute only a license to make a single publication unless a greater right is expressly granted
  • If two (2) or more persons jointly own a copyright or any part thereof, neither of the owners shall be entitled to grant licenses without the prior written consent of the other owner or owners
• Does the transfer of the material object constitute a transfer of copyright?

  The copyright is distinct from the property in the material object subject to it. Consequently, the transfer or assignment of the copyright shall not itself constitute a transfer of the material object. Nor shall a transfer or assignment of the sole copy or of one or several copies of the work imply transfer or assignment of the copyright.
• Limitations to copyright

  • The recitation or performance of a work, once it has been lawfully made accessible to the public, if done privately and free of charge or if made strictly for a charitable or religious institution or society
  • The making of quotations from a published work if they are compatible with fair use and only to the extent justified for the purpose, including quotations from newspaper articles and periodicals in the form of press summaries: Provided, That the source and the name of the author, if appearing on the work, are mentioned
• What are the limitations to copyright?

  The reproduction or communication to the public by mass media of articles on current political, social, economic, scientific or religious topic, lectures, addresses and other works of the same nature, which are delivered in public if such use is for information purposes and has not been expressly reserved: Provided, That the source is clearly indicated;