trademark and copyright provisions.docx

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PART III

THE LAW ON TRADEMARKS, SERVICE

MARKS AND TRADE NAMES

Section 121. Defnitions. - As used in Part III,

the following terms have the following

meanings:

121.1. "Mark" means any visile sign !aaleof distinguishing the goods #trademark$ or

servi!es #servi!e mark$ of an enterrise and

shall in!lude a stamed or marked !ontainer

of goods% #&e!. '(, ).A. *o. 1++a$

121.2. "olle!tive mark" means any visile

sign designated as su!h in the ali!ation for

registration and !aale of distinguishing the

origin or any other !ommon !hara!teristi!,

in!luding the uality of goods or servi!es of

dierent enterrises whi!h use the sign underthe !ontrol of the registered owner of the

!olle!tive mark% #&e!. /0, ).A. *o. 1++a$

121.'. "rade name" means the name or

designation identifying or distinguishing an

enterrise% #&e!. '(, ).A. *o. 1++a$

Section 122. How Marks are Acquired. - he

rights in a mark shall e a!uired through

registration made validly in a!!ordan!e with

the rovisions of this law. #&e!. 2-A, ) A. *o.1++a$

Section 123. Registrability . - 12'.1. A mark

!annot e registered if it:

#a$ onsists of immoral, de!etive or

s!andalous matter, or matter whi!h

may disarage or falsely suggest a

!onne!tion with ersons, living or dead,

institutions, eliefs, or national

symols, or ring them into !ontemtor disreute%

#$ onsists of the ag or !oat of arms

or other insignia of the Philiines or

any of its oliti!al sudivisions, or of

any foreign nation, or any simulation

thereof%

#!$ onsists of a name, ortrait or

signature identifying a arti!ular living

individual e3!et y his written !onsent

or the name, signature, or ortrait of a

de!eased President of the Philiines,

during the life of his widow, if any,

e3!et y written !onsent of the widow%

#d$ Is identi!al with a registered markelonging to a dierent rorietor or a

mark with an earlier 4ling or riority

date, in rese!t of:

#i$ he same goods or servi!es,

or

#ii$ losely related goods or

servi!es, or

#iii$ If it nearly resemles su!h amark as to e likely to de!eive or

!ause !onfusion%

#e$ Is identi!al with, or !onfusingly

similar to, or !onstitutes a translation of

a mark whi!h is !onsidered y the

!ometent authority of the Philiines

to e well-known internationally and in

the Philiines, whether or not it is

registered here, as eing already the

mark of a erson other than theali!ant for registration, and used for

identi!al or similar goods or servi!es:

Provided, hat in determining whether a

mark is well-known, a!!ount shall e

taken of the knowledge of the relevant

se!tor of the uli!, rather than of the

uli! at large, in!luding knowledge in

the Philiines whi!h has een otained

as a result of the romotion of the

mark%

#f$ Is identi!al with, or !onfusingly

similar to, or !onstitutes a translation of

a mark !onsidered well-known in

a!!ordan!e with the re!eding

aragrah, whi!h is registered in the

Philiines with rese!t to goods or

servi!es whi!h are not similar to those

with rese!t to whi!h registration is

1



alied for: Provided, hat use of the

mark in relation to those goods or

servi!es would indi!ate a !onne!tion

etween those goods or servi!es, and

the owner of the registered mark:

Provided further, hat the interests of

the owner of the registered mark are

likely to e damaged y su!h use%

#g$ Is likely to mislead the uli!,

arti!ularly as to the nature, uality,

!hara!teristi!s or geograhi!al origin of

the goods or servi!es%

#h$ onsists e3!lusively of signs that are

generi! for the goods or servi!es that

they seek to identify%

#i$ onsists e3!lusively of signs or of

indi!ations that have e!ome!ustomary or usual to designate the

goods or servi!es in everyday language

or in ona 4de and estalished trade

ra!ti!e%

#5$ onsists e3!lusively of signs or of

indi!ations that may serve in trade to

designate the kind, uality, uantity,

intended urose, value, geograhi!al

origin, time or rodu!tion of the goods

or rendering of the servi!es, or other!hara!teristi!s of the goods or servi!es%

#k$ onsists of shaes that may e

ne!essitated y te!hni!al fa!tors or y

the nature of the goods themselves or

fa!tors that ae!t their intrinsi! value%

#l$ onsists of !olor alone, unless

de4ned y a given form% or

#m$ Is !ontrary to uli! order ormorality.

12'.2. As regards signs or devi!es mentioned

in aragrahs #5$, #k$, and #l$, nothing shall

revent the registration of any su!h sign or

devi!e whi!h has e!ome distin!tive in

relation to the goods for whi!h registration is

reuested as a result of the use that have

een made of it in !ommer!e in the

Philiines. he 67!e may a!!et as rima

fa!ie eviden!e that the mark has e!ome

distin!tive, as used in !onne!tion with the

ali!ant8s goods or servi!es in !ommer!e,

roof of sustantially e3!lusive and !ontinuous

use thereof y the ali!ant in !ommer!e in

the Philiines for 4ve #9$ years efore the

date on whi!h the !laim of distin!tiveness ismade.

12'.'. he nature of the goods to whi!h the

mark is alied will not !onstitute an osta!le

to registration. #&e!. /, ).A. *o. 1++a$

Section 145. Duration. - A !erti4!ate of

registration shall remain in for!e for ten #10$

years: Provided, hat the registrant shall 4le a

de!laration of a!tual use and eviden!e to that

ee!t, or shall show valid reasons ased onthe e3isten!e of osta!les to su!h use, as

res!ried y the )egulations, within one #1$

year from the 4fth anniversary of the date of

the registration of the mark. 6therwise, the

mark shall e removed from the )egister y

the 67!e. #&e!. 12, ).A. *o. 1++a$

ection 14. Rights Conerred. - 1/.1. he

owner of a registered mark shall have the

e3!lusive right to revent all third arties not

having the owner8s !onsent from using in the

!ourse of trade identi!al or similar signs or

!ontainers for goods or servi!es whi!h are

identi!al or similar to those in rese!t of whi!h

the trademark is registered where su!h use

would result in a likelihood of !onfusion. In

!ase of the use of an identi!al sign for

identi!al goods or servi!es, a likelihood of

!onfusion shall e resumed.

1/.2. he e3!lusive right of the owner of a

well-known mark de4ned in &use!tion

12'.1#e$ whi!h is registered in the Philiines,

shall e3tend to goods and servi!es whi!h are

not similar to those in rese!t of whi!h the

mark is registered: Provided, hat use of that

mark in relation to those goods or servi!es

would indi!ate a !onne!tion etween those

goods or servi!es and the owner of the

registered mark: Provided further, hat the

2



interests of the owner of the registered mark

are likely to e damaged y su!h use. #n$

Section 14!. Use o Indications by Third

arties or ur!oses "ther than those or

which the Mark is Used. - )egistration of the

mark shall not !onfer on the registered owner

the right to re!lude third arties from using

ona 4de their names, addresses,seudonyms, a geograhi!al name, or e3a!t

indi!ations !on!erning the kind, uality,

uantity, destination, value, la!e of origin, or

time of rodu!tion or of suly, of their goods

or servi!es: Provided, hat su!h use is

!on4ned to the uroses of mere identi4!ation

or information and !annot mislead the uli!

as to the sour!e of the goods or servi!es. #n$

Section 155. Re#edies$ Inringe#ent . - Any

erson who shall, without the !onsent of theowner of the registered mark:

199.1. ;se in !ommer!e any rerodu!tion,

!ounterfeit, !oy, or !olorale imitation of a

registered mark or the same !ontainer or a

dominant feature thereof in !onne!tion with

the sale, oering for sale, distriution,

advertising of any goods or servi!es in!luding

other rearatory stes ne!essary to !arry out

the sale of any goods or servi!es on or in

!onne!tion with whi!h su!h use is likely to!ause !onfusion, or to !ause mistake, or to

de!eive% or

199.2. )erodu!e, !ounterfeit, !oy or

!oloraly imitate a registered mark or a

dominant feature thereof and aly su!h

rerodu!tion, !ounterfeit, !oy or !olorale

imitation to laels, signs, rints, a!kages,

wraers, re!eta!les or advertisements

intended to e used in !ommer!e uon or in

!onne!tion with the sale, oering for sale,distriution, or advertising of goods or

servi!es on or in !onne!tion with whi!h su!h

use is likely to !ause !onfusion, or to !ause

mistake, or to de!eive, shall e liale in a !ivil

a!tion for infringement y the registrant for

the remedies hereinafter set forth: Provided,

hat the infringement takes la!e at the

moment any of the a!ts stated in &use!tion

199.1 or this suse!tion are !ommitted

regardless of whether there is a!tual sale of

goods or servi!es using the infringing

material. #&e!. 22, ).A. *o 1++a$

Section 15". Actions% and Da#ages and

In&unction or Inringe#ent . - 19+.1. he owner

of a registered mark may re!over damages

from any erson who infringes his rights, andthe measure of the damages suered shall e

either the reasonale ro4t whi!h the

!omlaining arty would have made, had the

defendant not infringed his rights, or the ro4t

whi!h the defendant a!tually made out of the

infringement, or in the event su!h measure of

damages !annot e readily as!ertained with

reasonale !ertainty, then the !ourt may

award as damages a reasonale er!entage

ased uon the amount of gross sales of the

defendant or the value of the servi!es in!onne!tion with whi!h the mark or trade name

was used in the infringement of the rights of

the !omlaining arty. #&e!. 2', 4rst ar., ).A.

*o. 1++a$

19+.2. 6n ali!ation of the !omlainant, the

!ourt may imound during the enden!y of

the a!tion, sales invoi!es and other

do!uments eviden!ing sales. #n$

19+.'. In !ases where a!tual intent to misleadthe uli! or to defraud the !omlainant is

shown, in the dis!retion of the !ourt, the

damages may e douled. #&e!. 2', 4rst ar.,

).A. *o. 1++$

19+./. he !omlainant, uon roer showing,

may also e granted in5un!tion. #&e!. 2',

se!ond ar., ).A. *o. 1++a$

Section 15. ower o Court to "rder

Inringing Material Destroyed. - 19.1 In anya!tion arising under this A!t, in whi!h a

violation of any right of the owner of the

registered mark is estalished, the !ourt may

order that goods found to e infringing e,

without !omensation of any sort, disosed of

outside the !hannels of !ommer!e in su!h a

manner as to avoid any harm !aused to the

right holder, or destroyed% and all laels,

'



signs, rints, a!kages, wraers, re!eta!les

and advertisements in the ossession of the

defendant, earing the registered mark or

trade name or any rerodu!tion, !ounterfeit,

!oy or !olorale imitation thereof, all lates,

molds, matri!es and other means of making

the same, shall e delivered u and

destroyed.

19.2. In regard to !ounterfeit goods, the

simle removal of the trademark a73ed shall

not e su7!ient other than in e3!etional

!ases whi!h shall e determined y the

)egulations, to ermit the release of the

goods into the !hannels of !ommer!e. #&e!.

2/, ).A. *o. 1++a$

Section 15!. Da#ages$ Require#ent o

'otice. - In any suit for infringement, the

owner of the registered mark shall not eentitled to re!over ro4ts or damages unless

the a!ts have een !ommitted with knowledge

that su!h imitation is likely to !ause !onfusion,

or to !ause mistake, or to de!eive. &u!h

knowledge is resumed if the registrant gives

noti!e that his mark is registered y dislaying

with the mark the words 8")egistered Mark" or

the letter ) within a !ir!le or if the defendant

had otherwise a!tual noti!e of the registration.

#&e!. 21, ).A. *o. 1++a$

Section 1"#. Right o (oreign Cor!oration to

)ue in Trade#ark or )er*ice Mark

+norce#ent Action. - Any foreign national or

5uridi!al erson who meets the reuirements

of &e!tion ' of this A!t and does not engage in

usiness in the Philiines may ring a !ivil or

administrative a!tion hereunder for

oosition, !an!ellation, infringement, unfair

!ometition, or false designation of origin and

false des!rition, whether or not it is li!ensed

to do usiness in the Philiines undere3isting laws. #&e!. 21-A, ).A. *o. 1++a$

ection 1"5. Trade 'a#es or ,usiness 'a#es.

- 1+9.1. A name or designation may not e

used as a trade name if y its nature or the

use to whi!h su!h name or designation may

e ut, it is !ontrary to uli! order or morals

and if, in arti!ular, it is liale to de!eive trade

!ir!les or the uli! as to the nature of the

enterrise identi4ed y that name.

1+9.2.#a$ *otwithstanding any laws or

regulations roviding for any oligation to

register trade names, su!h names shall e

rote!ted, even rior to or without

registration, against any unlawful a!t!ommitted y third arties.

#$ In arti!ular, any suseuent use of

the trade name y a third arty,

whether as a trade name or a mark or

!olle!tive mark, or any su!h use of a

similar trade name or mark, likely to

mislead the uli!, shall e deemed

unlawful.

1+9.'. he remedies rovided for in &e!tions19' to 19+ and &e!tions 1++ and 1+ shall

aly mutatis mutandis.

1+9./. Any !hange in the ownershi of a trade

name shall e made with the transfer of the

enterrise or art thereof identi4ed y that

name. he rovisions of &use!tions 1/<.2 to

1/<./ shall aly mutatis mutandis.

of the uli! the goods he manufa!tures or

deals in, his usiness or servi!es from those ofothers, whether or not a registered mark is

emloyed, has a roerty right in the goodwill

of the said goods, usiness or servi!es so

identi4ed, whi!h will e rote!ted in the same

manner as other roerty rights.

1+(.2. Any erson who shall emloy de!etion

or any other means !ontrary to good faith y

whi!h he shall ass o the goods

manufa!tured y him or in whi!h he deals, or

his usiness, or servi!es for those of the onehaving estalished su!h goodwill, or who shall

!ommit any a!ts !al!ulated to rodu!e said

result, shall e guilty of unfair !ometition,

and shall e su5e!t to an a!tion therefor.

1+(.'. In arti!ular, and without in any way

limiting the s!oe of rote!tion against unfair

/



!ometition, the following shall e deemed

guilty of unfair !ometition:

#a$ Any erson, who is selling his goods

and gives them the general aearan!e

of goods of another manufa!turer or

dealer, either as to the goods

themselves or in the wraing of the

a!kages in whi!h they are !ontained,or the devi!es or words thereon, or in

any other feature of their aearan!e,

whi!h would e likely to inuen!e

ur!hasers to elieve that the goods

oered are those of a manufa!turer or

dealer, other than the a!tual

manufa!turer or dealer, or who

otherwise !lothes the goods with su!h

aearan!e as shall de!eive the uli!

and defraud another of his legitimate

trade, or any suseuent vendor ofsu!h goods or any agent of any vendor

engaged in selling su!h goods with a

like urose%

#$ Any erson who y any arti4!e, or

devi!e, or who emloys any other

means !al!ulated to indu!e the false

elief that su!h erson is oering the

servi!es of another who has identi4ed

su!h servi!es in the mind of the uli!%

or

#!$ Any erson who shall make any false

statement in the !ourse of trade or who

shall !ommit any other a!t !ontrary to

good faith of a nature !al!ulated to

dis!redit the goods, usiness or

servi!es of another.

1+(./. he remedies rovided y &e!tions

19+, 19 and 1+1 shall aly mutatis

mutandis. #&e!. 2<, ).A. *o. 1++a$

Section 1"$. (alse Designations o "rigin$

(alse Descri!tion or Re!resentation. - 1+<.1.

Any erson who, on or in !onne!tion with any

goods or servi!es, or any !ontainer for goods,

uses in !ommer!e any word, term, name,

symol, or devi!e, or any !omination thereof,

or any false designation of origin, false or

misleading des!rition of fa!t, or false or

misleading reresentation of fa!t, whi!h:

#a$ Is likely to !ause !onfusion, or to

!ause mistake, or to de!eive as to the

a7liation, !onne!tion, or asso!iation of

su!h erson with another erson, or as

to the origin, sonsorshi, or aroval

of his or her goods, servi!es, or!ommer!ial a!tivities y another

erson% or

#$ In !ommer!ial advertising or

romotion, misreresents the nature,

!hara!teristi!s, ualities, or geograhi!

origin of his or her or another erson8s

goods, servi!es, or !ommer!ial

a!tivities, shall e liale to a !ivil a!tion

for damages and in5un!tion rovided in

&e!tions 19+ and 19 of this A!t y anyerson who elieves that he or she is or

is likely to e damaged y su!h a!t.

1+<.2. Any goods marked or laelled in

!ontravention of the rovisions of this &e!tion

shall not e imorted into the Philiines or

admitted entry at any !ustomhouse of the

Philiines. he owner, imorter, or !onsignee

of goods refused entry at any !ustomhouse

under this se!tion may have any re!ourse

under the !ustoms revenue laws or may havethe remedy given y this A!t in !ases

involving goods refused entry or sei=ed. #&e!.

'0, ).A. *o. 1++a$

Section 1#. enalties. - Indeendent of the

!ivil and administrative san!tions imosed y

law, a !riminal enalty of imrisonment from

two #2$ years to 4ve #9$ years and a 4ne

ranging from >ifty thousand esos #P90,000$

to wo hundred thousand esos#P200,000$,

shall e imosed on any erson who is foundguilty of !ommitting any of the a!ts

mentioned in &e!tion 199, &e!tion 1+( and

&use!tion 1+<.1. #Arts. 1(( and 1(<, )evised

Penal ode$

E LAW ON COP%RI&HT

9



CHAPTER I

PRELIMINAR% PROVISIONS

Section 11. Defnitions. - >or the urose of

this A!t, the following terms have the

following meaning:

11.1. "Author" is the natural erson who has

!reated the work%

11.2. A "!olle!tive work" is a work whi!h has

een !reated y two #2$ or more natural

ersons at the initiative and under the

dire!tion of another with the understanding

that it will e dis!losed y the latter under his

own name and that !ontriuting natural

ersons will not e identi4ed%

11.'. "ommuni!ation to the uli!" or

"!ommuni!ate to the uli!" means themaking of a work availale to the uli! y

wire or wireless means in su!h a way that

memers of the uli! may a!!ess these

works from a la!e and time individually

!hosen y them%

11./. A "!omuter" is an ele!troni! or similar

devi!e having information-ro!essing

!aailities, and a "!omuter rogram" is a

set of instru!tions e3ressed in words, !odes,

s!hemes or in any other form, whi!h is!aale when in!ororated in a medium that

the !omuter !an read, of !ausing the

!omuter to erform or a!hieve a arti!ular

task or result%

11.9. "Puli! lending" is the transfer of

ossession of the original or a !oy of a work

or sound re!ording for a limited eriod, for

non-ro4t uroses, y an institution the

servi!es of whi!h are availale to the uli!,

su!h as uli! lirary or ar!hive%

11.+. "Puli! erforman!e", in the !ase of a

work other than an audiovisual work, is the

re!itation, laying, dan!ing, a!ting or

otherwise erforming the work, either dire!tly

or y means of any devi!e or ro!ess% in the

!ase of an audiovisual work, the showing of its

images in seuen!e and the making of the

sounds a!!omanying it audile% and, in the

!ase of a sound re!ording, making the

re!orded sounds audile at a la!e or at

la!es where ersons outside the normal

!ir!le of a family and that family8s !losest

so!ial a!uaintan!es are or !an e resent,

irrese!tive of whether they are or !an e

resent at the same la!e and at the same

time, or at dierent la!es and?or at dierenttimes, and where the erforman!e !an e

er!eived without the need for !ommuni!ation

within the meaning of &use!tion 11.'%

11.. "Pulished works" means works, whi!h,

with the !onsent of the authors, are made

availale to the uli! y wire or wireless

means in su!h a way that memers of the

uli! may a!!ess these works from a la!e

and time individually !hosen y them:

Provided, hat availaility of su!h !oies haseen su!h, as to satisfy the reasonale

reuirements of the uli!, having regard to

the nature of the work%

11.(. ")ental" is the transfer of the

ossession of the original or a !oy of a work

or a sound re!ording for a limited eriod of

time, for ro4t-making uroses%

11.<. ")erodu!tion" is the making of one #1$

or more !oies of a work or a sound re!ordingin any manner or form #&e!. /1 #@$, P.. *o. /<

a$%

11.10. A "work of alied art" is an artisti!

!reation with utilitarian fun!tions or

in!ororated in a useful arti!le, whether made

y hand or rodu!ed on an industrial s!ale%

11.11. A "work of the Bovernment of the

Philiines" is a work !reated y an o7!er or

emloyee of the Philiine Bovernment or anyof its sudivisions and instrumentalities,

in!luding government-owned or !ontrolled

!ororations as a art of his regularly

res!ried o7!ial duties.

CHAPTER II

ORI&INAL WORKS

+



Section 12. -iterary and Artistic .orks. -

12.1. Citerary and artisti! works, hereinafter

referred to as "works", are original intelle!tual

!reations in the literary and artisti! domain

rote!ted from the moment of their !reation

and shall in!lude in arti!ular:

#a$ Dooks, amhlets, arti!les and other

writings%

#$ Periodi!als and newsaers%

#!$ Ce!tures, sermons, addresses,

dissertations reared for oral delivery,

whether or not redu!ed in writing or

other material form%

#d$ Cetters%

#e$ ramati! or dramati!o-musi!al!omositions% !horeograhi! works or

entertainment in dum shows%

#f$ Musi!al !omositions, with or

without words%

#g$ Eorks of drawing, ainting,

ar!hite!ture, s!ulture, engraving,

lithograhy or other works of art%

models or designs for works of art%

#h$ 6riginal ornamental designs or

models for arti!les of manufa!ture,

whether or not registrale as an

industrial design, and other works of

alied art%

#i$ Illustrations, mas, lans, sket!hes,

!harts and three-dimensional works

relative to geograhy, toograhy,

ar!hite!ture or s!ien!e%

#5$ rawings or lasti! works of a

s!ienti4! or te!hni!al !hara!ter%

#k$ Photograhi! works in!luding works

rodu!ed y a ro!ess analogous to

hotograhy% lantern slides%

#l$ Audiovisual works and

!inematograhi! works and works

rodu!ed y a ro!ess analogous to

!inematograhy or any ro!ess for

making audio-visual re!ordings%

#m$ Pi!torial illustrations and

advertisements%

#n$ omuter rograms% and

#o$ 6ther literary, s!holarly, s!ienti4!

and artisti! works.

12.2. Eorks are rote!ted y the sole fa!t of

their !reation, irrese!tive of their mode or

form of e3ression, as well as of their !ontent,

uality and urose. #&e!. 2, P.. *o. /<a$

CHAPTER IIIDERIVATIVE WORKS

Section 13. Deri*ati*e .orks. - 1'.1. he

following derivative works shall also e

rote!ted y !oyright:

#a$ ramati=ations, translations,

adatations, aridgments,

arrangements, and other alterations of

literary or artisti! works% and

#$ olle!tions of literary, s!holarly or

artisti! works, and !omilations of data

and other materials whi!h are original

y reason of the sele!tion or

!oordination or arrangement of their

!ontents. #&e!. 2, FPG and FHG, P.. *o.

/<$

1'.2. he works referred to in aragrahs #a$

and #$ of &use!tion 1'.1 shall e rote!ted

as new works: Provided however, hat su!hnew work shall not ae!t the for!e of any

susisting !oyright uon the original works

emloyed or any art thereof, or e !onstrued

to imly any right to su!h use of the original

works, or to se!ure or e3tend !oyright in

su!h original works. #&e!. (, P.. /<% Art. 10,

)IP&$



Section 14. ublished +dition o .ork . - In

addition to the right to ulish granted y the

author, his heirs, or assigns, the ulisher

shall have a !oyright !onsisting merely of the

right of rerodu!tion of the tyograhi!al

arrangement of the ulished edition of the

work. #n$

CHAPTER IVWORKS NOT PROTECTED

Section 15. Un!rotected )ub&ect Matter . -

*otwithstanding the rovisions of &e!tions

12 and 1', no rote!tion shall e3tend,

under this law, to any idea, ro!edure,

system, method or oeration, !on!et,

rin!ile, dis!overy or mere data as su!h,

even if they are e3ressed, e3lained,

illustrated or emodied in a work% news of the

day and other mis!ellaneous fa!ts having the!hara!ter of mere items of ress information%

or any o7!ial te3t of a legislative,

administrative or legal nature, as well as any

o7!ial translation thereof #n$

Section 1". .orks o the /o*ern#ent . -

1+.1. *o !oyright shall susist in any work

of the Bovernment of the Philiines.

owever, rior aroval of the government

agen!y or o7!e wherein the work is !reated

shall e ne!essary for e3loitation of su!hwork for ro4t. &u!h agen!y or o7!e may,

among other things, imose as a !ondition the

ayment of royalties. *o rior aroval or

!onditions shall e reuired for the use of any

urose of statutes, rules and regulations, and

see!hes, le!tures, sermons, addresses, and

dissertations, ronoun!ed, read or rendered in

!ourts of 5usti!e, efore administrative

agen!ies, in delierative assemlies and in

meetings of uli! !hara!ter. #&e!. <, 4rst ar.,

P.. *o. /<$

1+.2. he author of see!hes, le!tures,

sermons, addresses, and dissertations

mentioned in the re!eding aragrahs shall

have the e3!lusive right of making a !olle!tion

of his works. #n$

1+.'. *otwithstanding the foregoing

rovisions, the Bovernment is not re!luded

from re!eiving and holding !oyrights

transferred to it y assignment, euest or

otherwise% nor shall uli!ation or

reuli!ation y the Bovernment in a uli!

do!ument of any work in whi!h !oyright is

susisting e taken to !ause any aridgment

or annulment of the !oyright or to authori=eany use or aroriation of su!h work without

the !onsent of the !oyright owner. #&e!. <,

third ar., P.. *o. /<$

CHAPTER V

COP%RI&HT OR ECONOMIC RI&HTS

Section 1. Co!yright or +cono#ic Rights. -

&u5e!t to the rovisions of hater JIII,

!oyright or e!onomi! rights shall !onsist of

the e3!lusive right to !arry out, authori=e orrevent the following a!ts:

1.1. )erodu!tion of the work or sustantial

ortion of the work%

1.2. ramati=ation, translation, adatation,

aridgment, arrangement or other

transformation of the work%

1.'. he 4rst uli! distriution of the

original and ea!h !oy of the work y sale orother forms of transfer of ownershi%

1./. )ental of the original or a !oy of an

audiovisual or !inematograhi! work, a work

emodied in a sound re!ording, a !omuter

rogram, a !omilation of data and other

materials or a musi!al work in grahi! form,

irrese!tive of the ownershi of the original or

the !oy whi!h is the su5e!t of the rental% #n$

1.9. Puli! dislay of the original or a !oyof the work%

1.+. Puli! erforman!e of the work% and

1.. 6ther !ommuni!ation to the uli! of

the work. #&e!. 9, P. . *o. /<a$

(



CHAPTER VI

OWNERSHIP O' COP%RI&HT

Section 1!. Rules on Co!yright "wnershi!. -

oyright ownershi shall e governed y the

following rules:

1(.1 &u5e!t to the rovisions of this se!tion,

in the !ase of original literary and artisti!works, !oyright shall elong to the author of

the work%

1(.2. In the !ase of works of 5oint authorshi,

the !o-authors shall e the original owners of

the !oyright and in the asen!e of

agreement, their rights shall e governed y

the rules on !o-ownershi. If, however, a work

of 5oint authorshi !onsists of arts that !an

e used searately and the author of ea!h

art !an e identi4ed, the author of ea!h artshall e the original owner of the !oyright in

the art that he has !reated%

1(.'. In the !ase of work !reated y an

author during and in the !ourse of his

emloyment, the !oyright shall elong to:

#a$ he emloyee, if the !reation of the

o5e!t of !oyright is not a art of his

regular duties even if the emloyee

uses the time, fa!ilities and materials of the emloyer.

#$ he emloyer, if the work is the

result of the erforman!e of his

regularly-assigned duties, unless there

is an agreement, e3ress or imlied, to

the !ontrary.

1(./. In the !ase of a work !ommissioned y

a erson other than an emloyer of the author

and who ays for it and the work is made inursuan!e of the !ommission, the erson who

so !ommissioned the work shall have

ownershi of the work, ut the !oyright

thereto shall remain with the !reator, unless

there is a written stiulation to the !ontrary%

1(.9. In the !ase of audiovisual work, the

!oyright shall elong to the rodu!er, the

author of the s!enario, the !omoser of the

musi!, the 4lm dire!tor, and the author of the

work so adated. owever, su5e!t to !ontrary

or other stiulations among the !reators, the

rodu!er shall e3er!ise the !oyright to an

e3tent reuired for the e3hiition of the work

in any manner, e3!et for the right to !olle!t

erforming li!ense fees for the erforman!e of

musi!al !omositions, with or without words,whi!h are in!ororated into the work% and

1(.+. In rese!t of letters, the !oyright shall

elong to the writer su5e!t to the rovisions

of Arti!le 2' of the ivil ode. #&e!. +, P..

*o. /<a$

Section 1$. Anony#ous and seudony#ous

.orks. - >or uroses of this A!t, the

ulishers shall e deemed to reresent the

authors of arti!les and other writingsulished without the names of the authors or

under seudonyms, unless the !ontrary

aears, or the seudonyms or adoted name

leaves no dout as to the author8s identity, or

if the author of the anonymous works

dis!loses his identity. #&e!. , P.. /<$

CHAPTER VIII

LIMITATIONS ON COP%RI&HT

Section 1!4. -i#itations on Co!yright . -1(/.1. *otwithstanding the rovisions of

hater J, the following a!ts shall not

!onstitute infringement of !oyright:

#a$ he re!itation or erforman!e of a

work, on!e it has een lawfully made

a!!essile to the uli!, if done

rivately and free of !harge or if made

stri!tly for a !haritale or religious

institution or so!iety% #&e!. 10#1$, P..

*o. /<$

#$ he making of uotations from a

ulished work if they are !omatile

with fair use and only to the e3tent

5usti4ed for the urose, in!luding

uotations from newsaer arti!les and

eriodi!als in the form of ress

summaries: Provided, hat the sour!e

<



and the name of the author, if

aearing on the work, are mentioned%

#&e!. 11, third ar., P.. *o. /<$

#!$ he rerodu!tion or !ommuni!ation

to the uli! y mass media of arti!les

on !urrent oliti!al, so!ial, e!onomi!,

s!ienti4! or religious toi!, le!tures,

addresses and other works of the samenature, whi!h are delivered in uli! if

su!h use is for information uroses

and has not een e3ressly reserved:

Provided, hat the sour!e is !learly

indi!ated% #&e!. 11, P.. *o. /<$

#d$ he rerodu!tion and

!ommuni!ation to the uli! of literary,

s!ienti4! or artisti! works as art of

reorts of !urrent events y means of

hotograhy, !inematograhy orroad!asting to the e3tent ne!essary

for the urose% #&e!. 12, P.. *o. /<$

#e$ he in!lusion of a work in a

uli!ation, road!ast, or other

!ommuni!ation to the uli!, sound

re!ording or 4lm, if su!h in!lusion is

made y way of illustration for tea!hing

uroses and is !omatile with fair

use: Provided, hat the sour!e and of

the name of the author, if aearing inthe work, are mentioned%

#f$ he re!ording made in s!hools,

universities, or edu!ational institutions

of a work in!luded in a road!ast for

the use of su!h s!hools, universities or

edu!ational institutions: Provided, hat

su!h re!ording must e deleted within a

reasonale eriod after they were 4rst

road!ast: Provided, further, hat su!h

re!ording may not e made fromaudiovisual works whi!h are art of the

general !inema reertoire of feature

4lms e3!et for rief e3!erts of the

work%

#g$ he making of ehemeral re!ordings

y a road!asting organi=ation y

means of its own fa!ilities and for use in

its own road!ast%

#h$ he use made of a work y or under

the dire!tion or !ontrol of the

Bovernment, y the *ational Cirary or

y edu!ational, s!ienti4! or rofessiona

institutions where su!h use is in the

uli! interest and is !omatile withfair use%

#i$ he uli! erforman!e or the

!ommuni!ation to the uli! of a work,

in a la!e where no admission fee is

!harged in rese!t of su!h uli!

erforman!e or !ommuni!ation, y a

!lu or institution for !haritale or

edu!ational urose only, whose aim is

not ro4t making, su5e!t to su!h other

limitations as may e rovided in the)egulations% #n$

#5$ Puli! dislay of the original or a

!oy of the work not made y means of

a 4lm, slide, television image or

otherwise on s!reen or y means of any

other devi!e or ro!ess: Provided, hat

either the work has een ulished, or,

that the original or the !oy dislayed

has een sold, given away or otherwise

transferred to another erson y theauthor or his su!!essor in title% and

#k$ Any use made of a work for the

urose of any 5udi!ial ro!eedings or

for the giving of rofessional advi!e y

a legal ra!titioner.

1(/.2. he rovisions of this se!tion shall e

interreted in su!h a way as to allow the work

to e used in a manner whi!h does not !oni!t

with the normal e3loitation of the work anddoes not unreasonaly re5udi!e the right

holder8s legitimate interests.

Section 1!5. (air Use o a Co!yrighted .ork .

- 1(9.1. he fair use of a !oyrighted work for

!riti!ism, !omment, news reorting, tea!hing

in!luding multile !oies for !lassroom use,

s!holarshi, resear!h, and similar uroses is

10



not an infringement of !oyright.

e!omilation, whi!h is understood here to e

the rerodu!tion of the !ode and translation of

the forms of the !omuter rogram to a!hieve

the inter-oeraility of an indeendently

!reated !omuter rogram with other

rograms may also !onstitute fair use. In

determining whether the use made of a work

in any arti!ular !ase is fair use, the fa!tors toe !onsidered shall in!lude:

#a$ he urose and !hara!ter of the

use, in!luding whether su!h use is of a

!ommer!ial nature or is for non-ro4t

edu!ational uroses%

#$ he nature of the !oyrighted work%

#!$ he amount and sustantiality of the

ortion used in relation to the!oyrighted work as a whole% and

#d$ he ee!t of the use uon the

otential market for or value of the

!oyrighted work.

1(9.2. he fa!t that a work is unulished

shall not y itself ar a 4nding of fair use if

su!h 4nding is made uon !onsideration of all

the aove fa!tors.

Section 1!". .ork o Architecture. -

oyright in a work of ar!hite!ture shall

in!lude the right to !ontrol the ere!tion of any

uilding whi!h rerodu!es the whole or a

sustantial art of the work either in its

original form or in any form re!ogni=aly

derived from the original: Provided, hat the

!oyright in any su!h work shall not in!lude

the right to !ontrol the re!onstru!tion or

rehailitation in the same style as the original

of a uilding to whi!h that !oyright relates.#n$

Section 1!. Re!roduction o ublished

.ork . - 1(.1. *otwithstanding the rovision

of &e!tion 1, and su5e!t to the rovisions

of &use!tion 1(.2, the rivate rerodu!tion

of a ulished work in a single !oy, where

the rerodu!tion is made y a natural erson

e3!lusively for resear!h and rivate study,

shall e ermitted, without the authori=ation

of the owner of !oyright in the work.

1(.2. he ermission granted under

&use!tion 1(.1 shall not e3tend to the

rerodu!tion of:

#a$ A work of ar!hite!ture in the form ofuilding or other !onstru!tion%

#$ An entire ook, or a sustantial art

thereof, or of a musi!al work in grahi!

form y rerograhi! means%

#!$ A !omilation of data and other

materials%

#d$ A !omuter rogram e3!et as

rovided in &e!tion 1(<% and

#e$ Any work in !ases where

rerodu!tion would unreasonaly

!oni!t with a normal e3loitation of

the work or would otherwise

unreasonaly re5udi!e the legitimate

interests of the author. #n$

Section 1!!. Re!rogra!hic Re!roduction by

-ibraries. - 1((.1. *otwithstanding the

rovisions of &use!tion 1.+, any lirary orar!hive whose a!tivities are not for ro4t may,

without the authori=ation of the author of

!oyright owner, make a single !oy of the

work y rerograhi! rerodu!tion:

#a$ Ehere the work y reason of its

fragile !hara!ter or rarity !annot e lent

to user in its original form%

#$ Ehere the works are isolated

arti!les !ontained in !omosite works orrief ortions of other ulished works

and the rerodu!tion is ne!essary to

suly them, when this is !onsidered

e3edient, to ersons reuesting their

loan for uroses of resear!h or study

instead of lending the volumes or

ooklets whi!h !ontain them% and

11



#!$ Ehere the making of su!h a !oy is

in order to reserve and, if ne!essary in

the event that it is lost, destroyed or

rendered unusale, rela!e a !oy, or

to rela!e, in the ermanent !olle!tion

of another similar lirary or ar!hive, a

!oy whi!h has een lost, destroyed or

rendered unusale and !oies are not

availale with the ulisher.

1((.2. *otwithstanding the aove rovisions,

it shall not e ermissile to rodu!e a

volume of a work ulished in several

volumes or to rodu!e missing tomes or ages

of maga=ines or similar works, unless the

volume, tome or art is out of sto!k: Provided,

hat every lirary whi!h, y law, is entitled to

re!eive !oies of a rinted work, shall e

entitled, when se!ial reasons so reuire, to

rerodu!e a !oy of a ulished work whi!h is!onsidered ne!essary for the !olle!tion of the

lirary ut whi!h is out of sto!k. #&e!. 1', P..

/<a$

Section 1!$. Re!roduction o Co#!uter

rogra#. - 1(<.1. *otwithstanding the

rovisions of &e!tion 1, the rerodu!tion in

one #1$ a!k-u !oy or adatation of a

!omuter rogram shall e ermitted, without

the authori=ation of the author of, or other

owner of !oyright in, a !omuter rogram, ythe lawful owner of that !omuter rogram:

Provided, hat the !oy or adatation is

ne!essary for:

#a$ he use of the !omuter rogram in

!on5un!tion with a !omuter for the

urose, and to the e3tent, for whi!h

the !omuter rogram has een

otained% and

#$ Ar!hival uroses, and, for therela!ement of the lawfully owned !oy

of the !omuter rogram in the event

that the lawfully otained !oy of the

!omuter rogram is lost, destroyed or

rendered unusale.

1(<.2. *o !oy or adatation mentioned in

this &e!tion shall e used for any urose

other than the ones determined in this

&e!tion, and any su!h !oy or adatation shall

e destroyed in the event that !ontinued

ossession of the !oy of the !omuter

rogram !eases to e lawful.

1(<.'. his rovision shall e without

re5udi!e to the ali!ation of &e!tion 1(9

whenever aroriate. #n$

Section 1$#. I#!ortation or ersonal

ur!oses. - 1<0.1. *otwithstanding the

rovision of &use!tion 1.+, ut su5e!t to

the limitation under the &use!tion 1(9.2, the

imortation of a !oy of a work y an

individual for his ersonal uroses shall e

ermitted without the authori=ation of the

author of, or other owner of !oyright in, the

work under the following !ir!umstan!es:

#a$ Ehen !oies of the work are not

availale in the Philiines and:

#i$ *ot more than one #1$ !oy at

one time is imorted for stri!tly

individual use only% or

#ii$ he imortation is y

authority of and for the use of

the Philiine Bovernment% or

#iii$ he imortation, !onsisting of

not more than three #'$ su!h

!oies or likenesses in any one

invoi!e, is not for sale ut for the

use only of any religious,

!haritale, or edu!ational so!iety

or institution duly in!ororated or

registered, or is for the

en!ouragement of the 4ne arts,

or for any state s!hool, !ollege,

university, or free uli! lirary inthe Philiines.

#$ Ehen su!h !oies form arts of

liraries and ersonal aggage

elonging to ersons or families arriving

from foreign !ountries and are not

intended for sale: Provided, hat su!h

!oies do not e3!eed three #'$.

12



1<0.2. oies imorted as allowed y this

&e!tion may not lawfully e used in any way

to violate the rights of owner the !oyright or

annul or limit the rote!tion se!ured y this

A!t, and su!h unlawful use shall e deemed

an infringement and shall e unishale as

su!h without re5udi!e to the rorietor8s right

of a!tion.

1<0.'. &u5e!t to the aroval of the

&e!retary of >inan!e, the ommissioner of

ustoms is herey emowered to make rules

and regulations for reventing the imortation

of arti!les the imortation of whi!h is

rohiited under this &e!tion and under

treaties and !onventions to whi!h the

Philiines may e a arty and for sei=ing and

!ondemning and disosing of the same in

!ase they are dis!overed after they have een

imorted. #&e!. '0, P.. *o. /<$

CHAPTER (

MORAL RI&HTS

Section 1$3. )co!e o Moral Rights. - he

author of a work shall, indeendently of the

e!onomi! rights in &e!tion 1 or the grant of

an assignment or li!ense with rese!t to su!h

right, have the right:

1<'.1. o reuire that the authorshi of theworks e attriuted to him, in arti!ular, the

right that his name, as far as ra!ti!ale, e

indi!ated in a rominent way on the !oies,

and in !onne!tion with the uli! use of his

work%

1<'.2. o make any alterations of his work

rior to, or to withhold it from uli!ation%

1<'.'. o o5e!t to any distortion, mutilation

or other modi4!ation of, or other derogatorya!tion in relation to, his work whi!h would e

re5udi!ial to his honor or reutation% and

1<'./. o restrain the use of his name with

rese!t to any work not of his own !reation or

in a distorted version of his work. #&e!. '/,

P.. *o. /<$

Section 1$4. ,reach o Contract . - An author

!annot e !omelled to erform his !ontra!t

to !reate a work or for the uli!ation of his

work already in e3isten!e. owever, he may

e held liale for damages for rea!h of su!h

!ontra!t. #&e!. '9, P.. *o. /<$

Section 1$5. .ai*er o Moral Rights. - An

author may waive his rights mentioned in&e!tion 1<' y a written instrument, ut no

su!h waiver shall e valid where its ee!ts is

to ermit another:

1<9.1. o use the name of the author, or the

title of his work, or otherwise to make use of

his reutation with rese!t to any version or

adatation of his work whi!h, e!ause of

alterations therein, would sustantially tend to

in5ure the literary or artisti! reutation of

another author% or

1<9.2. o use the name of the author with

rese!t to a work he did not !reate. #&e!. '+,

P.. *o. /<$

Section 1$". Contribution to Collecti*e .ork .

- Ehen an author !ontriutes to a !olle!tive

work, his right to have his !ontriution

attriuted to him is deemed waived unless he

e3ressly reserves it. #&e!. ', P.. *o. /<$

Section 1$. +diting% Arranging and

Ada!tation o .ork . - In the asen!e of a

!ontrary stiulation at the time an author

li!enses or ermits another to use his work,

the ne!essary editing, arranging or adatation

of su!h work, for uli!ation, road!ast, use in

a motion i!ture, dramati=ation, or

me!hani!al or ele!tri!al rerodu!tion in

a!!ordan!e with the reasonale and

!ustomary standards or reuirements of the

medium in whi!h the work is to e used, shallnot e deemed to !ontravene the author8s

rights se!ured y this !hater. *or shall

!omlete destru!tion of a work

un!onditionally transferred y the author e

deemed to violate su!h rights. #&e!. '(, P..

*o. /<$

1'



Section 1$!. Ter# o Moral Rights. - 1<(.1.

he rights of an author under this !hater

shall last during the lifetime of the author and

for 4fty #90$ years after his death and shall not

e assignale or su5e!t to li!ense. he

erson or ersons to e !harged with the

osthumous enfor!ement of these rights shall

e named in writing to e 4led with the

*ational Cirary. In default of su!h erson orersons, su!h enfor!ement shall devolve uon

either the author8s heirs, and in default of the

heirs, the ire!tor of the *ational Cirary.

1<(.2. >or uroses of this &e!tion, "Person"

shall mean any individual, artnershi,

!ororation, asso!iation, or so!iety. he

ire!tor of the *ational Cirary may res!rie

reasonale fees to e !harged for his servi!es

in the ali!ation of rovisions of this &e!tion.

#&e!. '<, P.. *o. /<$

Section 1$$. +norce#ent Re#edies. -

Jiolation of any of the rights !onferred y this

hater shall entitle those !harged with their

enfor!ement to the same rights and remedies

availale to a !oyright owner. In addition,

damages whi!h may e availed of under the

ivil ode may also e re!overed. Any

damage re!overed after the !reator8s death

shall e held in trust for and remitted to his

heirs, and in default of the heirs, shall elongto the government. #&e!. /0, P *o. /<$

CHAPTER (II

RI&HTS O' PER'ORMERS, PROD)CERS

O' SO)NDS RECORDIN&S AND

*ROADCASTIN& OR&ANI+ATIONS

Section 2#2. Defnitions. - >or the urose of

this A!t, the following terms shall have the

following meanings:

202.1. "Performers" are a!tors, singers,

musi!ians, dan!ers, and other ersons who

a!t, sing, de!laim, lay in, interret, or

otherwise erform literary and artisti! work%

202.2. "&ound re!ording" means the 43ation

of the sounds of a erforman!e or of other

sounds, or reresentation of sound, other than

in the form of a 43ation in!ororated in a

!inematograhi! or other audiovisual work%

202.'. An "audiovisual work or 43ation" is a

work that !onsists of a series of related

images whi!h imart the imression of

motion, with or without a!!omanying sounds,

sus!etile of eing made visile and, where

a!!omanied y sounds, sus!etile of eingmade audile%

202./. ">i3ation" means the emodiment of

sounds, or of the reresentations thereof, from

whi!h they !an e er!eived, rerodu!ed or

!ommuni!ated through a devi!e%

202. 9. "Produ!er of a sound re!ording" means

the erson, or the legal entity, who or whi!h

takes the initiative and has the resonsiility

for the 4rst 43ation of the sounds of aerforman!e or other sounds, or the

reresentation of sounds%

202.+. "Puli!ation of a 43ed erforman!e or a

sound re!ording" means the oering of !oies

of the 43ed erforman!e or the sound

re!ording to the uli!, with the !onsent of

the right holder: Provided, hat !oies are

oered to the uli! in reasonale uality%

202.. "Droad!asting" means the transmissiony wireless means for the uli! re!etion of

sounds or of images or of reresentations

thereof% su!h transmission y satellite is also

"road!asting" where the means for

de!ryting are rovided to the uli! y the

road!asting organi=ation or with its !onsent%

202.(. "Droad!asting organi=ation" shall

in!lude a natural erson or a 5uridi!al entity

duly authori=ed to engage in road!asting%

and

202.< "ommuni!ation to the uli! of a

erforman!e or a sound re!ording" means the

transmission to the uli!, y any medium,

otherwise than y road!asting, of sounds of a

erforman!e or the reresentations of sounds

43ed in a sound re!ording. >or uroses of

&e!tion 20<, "!ommuni!ation to the uli!"

1/



in!ludes making the sounds or reresentations

of sounds 43ed in a sound re!ording audile to

the uli!.

Section 2#3. )co!e o eror#ers0 Rights. -

&u5e!t to the rovisions of &e!tion 212,

erformers shall en5oy the following e3!lusive

rights:

20'.1. As regards their erforman!es, the

right of authori=ing:

#a$ he road!asting and other

!ommuni!ation to the uli! of their

erforman!e% and

#$ he 43ation of their un43ed

erforman!e.

20'.2. he right of authori=ing the dire!t orindire!t rerodu!tion of their erforman!es

43ed in sound re!ordings, in any manner or

form%

20'.'. &u5e!t to the rovisions of &e!tion

20+, the right of authori=ing the 4rst uli!

distriution of the original and !oies of their

erforman!e 43ed in the sound re!ording

through sale or rental or other forms of

transfer of ownershi%

20'./. he right of authori=ing the !ommer!ial

rental to the uli! of the original and !oies

of their erforman!es 43ed in sound

re!ordings, even after distriution of them y,

or ursuant to the authori=ation y the

erformer% and

20'.9. he right of authori=ing the making

availale to the uli! of their erforman!es

43ed in sound re!ordings, y wire or wireless

means, in su!h a way that memers of theuli! may a!!ess them from a la!e and time

individually !hosen y them. #&e!. /2, P.. *o.

/<a$

Section 2#4. Moral Rights o eror#ers. -

20/.1. Indeendently of a erformer8s

e!onomi! rights, the erformer, shall, as

regards his live aural erforman!es or

erforman!es 43ed in sound re!ordings, have

the right to !laim to e identi4ed as the

erformer of his erforman!es, e3!et where

the omission is di!tated y the manner of the

use of the erforman!e, and to o5e!t to any

distortion, mutilation or other modi4!ation of

his erforman!es that would e re5udi!ial to

his reutation.

20/.2. he rights granted to a erformer in

a!!ordan!e with &use!tion 20'.1 shall e

maintained and e3er!ised 4fty #90$ years after

his death, y his heirs, and in default of heirs,

the government, where rote!tion is !laimed.

#&e!. /', P.. *o. /<$

Section 2#5. -i#itation on Right . - 209.1.

&u5e!t to the rovisions of &e!tion 20+, on!e

the erformer has authori=ed the road!asting

or 43ation of his erforman!e, the rovisionsof &e!tions 20' shall have no further

ali!ation.

209.2. he rovisions of &e!tion 1(/ and

&e!tion 1(9 shall aly mutatis mutandis to

erformers. #n$

Section 2#". Additional Re#uneration or

)ubsequent Co##unications or ,roadcasts. -

;nless otherwise rovided in the !ontra!t, in

every !ommuni!ation to the uli! orroad!ast of a erforman!e suseuent to the

4rst !ommuni!ation or road!ast thereof y

the road!asting organi=ation, the erformer

shall e entitled to an additional remuneration

euivalent to at least 4ve er!ent #9K$ of the

original !omensation he or she re!eived for

the 4rst !ommuni!ation or road!ast. #n$

Section 2#. Contract Ter#s. - *othing in

this hater shall e !onstrued to derive

erformers of the right to agree y !ontra!tson terms and !onditions more favorale for

them in rese!t of any use of their

erforman!e. #n$

CHAPTER (III

PROD)CERS O' SO)ND RECORDIN&S

19



Section 2#!. )co!e o Right . - &u5e!t to the

rovisions of &e!tion 212, rodu!ers of sound

re!ordings shall en5oy the following e3!lusive

rights:

20(.1. he right to authori=e the dire!t or

indire!t rerodu!tion of their sound

re!ordings, in any manner or form% the la!ing

of these rerodu!tions in the market and theright of rental or lending%

20(.2. he right to authori=e the 4rst uli!

distriution of the original and !oies of their

sound re!ordings through sale or rental or

other forms of transferring ownershi% and

20(.'. he right to authori=e the !ommer!ial

rental to the uli! of the original and !oies

of their sound re!ordings, even after

distriution y them y or ursuant toauthori=ation y the rodu!er. #&e!. /+, P..

*o. /<a$

Section 2#$. Co##unication to the ublic. -

If a sound re!ording ulished for !ommer!ial

uroses, or a rerodu!tion of su!h sound

re!ording, is used dire!tly for road!asting or

for other !ommuni!ation to the uli!, or is

uli!ly erformed with the intention of

making and enhan!ing ro4t, a single

euitale remuneration for the erformer orerformers, and the rodu!er of the sound

re!ording shall e aid y the user to oth the

erformers and the rodu!er, who, in the

asen!e of any agreement shall share eually.

#&e!. /, P.. *o. /<a$

Section 21#. -i#itation o Right . - &e!tions

1(/ and 1(9 shall aly mutatis mutandis to

the rodu!er of sound re!ordings. #&e!. /(,

P.. *o. /<a$

CHAPTER (IV

*ROADCASTIN& OR&ANI+ATIONS

Section 211. )co!e o Right . - &u5e!t to the

rovisions of &e!tion 212, road!asting

organi=ations shall en5oy the e3!lusive right to

!arry out, authori=e or revent any of the

following a!ts:

211.1. he reroad!asting of their road!asts%

211.2. he re!ording in any manner, in!luding

the making of 4lms or the use of video tae,

of their road!asts for the urose of

!ommuni!ation to the uli! of television

road!asts of the same% and

211.'. he use of su!h re!ords for freshtransmissions or for fresh re!ording. #&e!. 92,

P.. *o. /<$

CHAPTER (V

LIMITATIONS ON PROTECTION

Section 212. -i#itations on Rights. - &e!tions

20', 20( and 20< shall not aly where the

a!ts referred to in those &e!tions are related

to:

212.1. he use y a natural erson e3!lusively

for his own ersonal uroses%

212.2. ;sing short e3!erts for reorting

!urrent events%

212.'. ;se solely for the urose of tea!hing

or for s!ienti4! resear!h% and

212./. >air use of the road!ast su5e!t to the

!onditions under &e!tion 1(9. #&e!. //, P..*o. /<a$

CHAPTER (VI

TERM O' PROTECTION

Section 213. Ter# o rotection. - 21'.1.

&u5e!t to the rovisions of &use!tions 21'.2

to 21'.9, the !oyright in works under

&e!tions 12 and 1' shall e rote!ted

during the life of the author and for 4fty #90$

years after his death. his rule also alies toosthumous works. #&e!. 21, 4rst senten!e,

P.. *o. /<a$

21'.2. In !ase of works of 5oint authorshi, the

e!onomi! rights shall e rote!ted during the

life of the last surviving author and for 4fty

#90$ years after his death. #&e!. 21, se!ond

senten!e, P.. *o. /<$

1+



21'.'. In !ase of anonymous or

seudonymous works, the !oyright shall e

rote!ted for 4fty #90$ years from the date on

whi!h the work was 4rst lawfully ulished:

Provided, hat where, efore the e3iration of

the said eriod, the author8s identity is

revealed or is no longer in dout, the

rovisions of &use!tions 21'.1. and 21'.2

shall aly, as the !ase may e: Provided,further, hat su!h works if not ulished

efore shall e rote!ted for 4fty #90$ years

!ounted from the making of the work. #&e!.

2', P.. *o. /<$

21'./. In !ase of works of alied art the

rote!tion shall e for a eriod of twenty-4ve

#29$ years from the date of making. #&e!.

2/#D$, P.. *o. /<a$

21'.9. In !ase of hotograhi! works, therote!tion shall e for 4fty #90$ years from

uli!ation of the work and, if unulished,

4fty #90$ years from the making. #&e!. 2/#$,

P.. /<a$

21'.+. In !ase of audio-visual works in!luding

those rodu!ed y ro!ess analogous to

hotograhy or any ro!ess for making audio-

visual re!ordings, the term shall e 4fty #90$

years from date of uli!ation and, if

unulished, from the date of making. #&e!.2/#$, P.. *o. /<a$

Section 214. Calculation o Ter#. - he term

of rote!tion suseuent to the death of the

author rovided in the re!eding &e!tion shall

run from the date of his death or of

uli!ation, ut su!h terms shall always e

deemed to egin on the 4rst day of Lanuary of

the year following the event whi!h gave rise

to them. #&e!. 29, P.. *o. /<$

Section 215. Ter# o rotection or

eror#ers% roducers and ,roadcasting

"rgani1ations. - 219.1. he rights granted to

erformers and rodu!ers of sound re!ordings

under this law shall e3ire:

#a$ >or erforman!es not in!ororated

in re!ordings, 4fty #90$ years from the

end of the year in whi!h the

erforman!e took la!e% and

#$ >or sound or image and sound

re!ordings and for erforman!es

in!ororated therein, 4fty #90$ years

from the end of the year in whi!h the

re!ording took la!e.

219.2. In !ase of road!asts, the term shall e

twenty #20$ years from the date the road!ast

took la!e. he e3tended term shall e

alied only to old works with susisting

rote!tion under the rior law. #&e!. 99, P..

*o. /<a$

CHAPTER (VII

IN'RIN&EMENT

Section 21". Re#edies or Inringe#ent . -21+.1. Any erson infringing a right rote!ted

under this law shall e liale:

#a$ o an in5un!tion restraining su!h

infringement. he !ourt may also order

the defendant to desist from an

infringement, among others, to revent

the entry into the !hannels of

!ommer!e of imorted goods that

involve an infringement, immediately

after !ustoms !learan!e of su!h goods.

#$ Pay to the !oyright rorietor or his

assigns or heirs su!h a!tual damages,

in!luding legal !osts and other

e3enses, as he may have in!urred due

to the infringement as well as the

ro4ts the infringer may have made

due to su!h infringement, and in

roving ro4ts the lainti shall e

reuired to rove sales only and the

defendant shall e reuired to roveevery element of !ost whi!h he !laims,

or, in lieu of a!tual damages and

ro4ts, su!h damages whi!h to the

!ourt shall aear to e 5ust and shall

not e regarded as enalty.

#!$ eliver under oath, for imounding

during the enden!y of the a!tion, uon

1



su!h terms and !onditions as the !ourt

may res!rie, sales invoi!es and other

do!uments eviden!ing sales, all arti!les

and their a!kaging alleged to infringe

a !oyright and imlements for making

them.

#d$ eliver under oath for destru!tion

without any !omensation all infringing!oies or devi!es, as well as all lates,

molds, or other means for making su!h

infringing !oies as the !ourt may

order.

#e$ &u!h other terms and !onditions,

in!luding the ayment of moral and

e3emlary damages, whi!h the !ourt

may deem roer, wise and euitale

and the destru!tion of infringing !oies

of the work even in the event ofa!uittal in a !riminal !ase.

21+.2. In an infringement a!tion, the !ourt

shall also have the ower to order the sei=ure

and imounding of any arti!le whi!h may

serve as eviden!e in the !ourt ro!eedings.

#&e!. 2(, P.. *o. /<a$

Section 21. Cri#inal enalties. - 21.1. Any

erson infringing any right se!ured y

rovisions of Part IJ of this A!t or aiding oraetting su!h infringement shall e guilty of a

!rime unishale y:

#a$ Imrisonment of one #1$ year to

three #'$ years lus a 4ne ranging from

>ifty thousand esos #P90,000$ to 6ne

hundred 4fty thousand esos

#P190,000$ for the 4rst oense.

#$ Imrisonment of three #'$ years and

one #1$ day to si3 #+$ years lus a 4neranging from 6ne hundred 4fty

thousand esos #P190,000$ to >ive

hundred thousand esos #P900,000$ for

the se!ond oense.

#!$ Imrisonment of si3 #+$ years and

one #1$ day to nine #<$ years lus a 4ne

ranging from 4ve hundred thousand

esos #P900,000$ to 6ne million 4ve

hundred thousand esos #P1,900,000$

for the third and suseuent oenses.

#d$ In all !ases, susidiary

imrisonment in !ases of insolven!y.

21.2. In determining the numer of years of

imrisonment and the amount of 4ne, the!ourt shall !onsider the value of the infringing

materials that the defendant has rodu!ed or

manufa!tured and the damage that the

!oyright owner has suered y reason of the

infringement.

21.'. Any erson who at the time when

!oyright susists in a work has in his

ossession an arti!le whi!h he knows, or

ought to know, to e an infringing !oy of the

work for the urose of:

#a$ &elling, letting for hire, or y way of

trade oering or e3osing for sale, or

hire, the arti!le%

#$ istriuting the arti!le for urose

of trade, or for any other urose to an

e3tent that will re5udi!e the rights of

the !oyright owner in the work% or

#!$ rade e3hiit of the arti!le in uli!,shall e guilty of an oense and shall e

liale on !onvi!tion to imrisonment

and 4ne as aove mentioned. #&e!. 2<,

P.. *o. /<a$

Section 21!. A2da*it +*idence. - 21(.1. In

an a!tion under this hater, an a7davit

made efore a notary uli! y or on ehalf of

the owner of the !oyright in any work or

other su5e!t matter and stating that:

#a$ At the time se!i4ed therein,

!oyright susisted in the work or other

su5e!t matter%

#$ e or the erson named therein is

the owner of the !oyright% and

1(



#!$ he !oy of the work or other

su5e!t matter anne3ed thereto is a

true !oy thereof, shall e admitted in

eviden!e in any ro!eedings for an

oense under this hater and shall e

rima fa!ie roof of the matters therein

stated until the !ontrary is roved, and

the !ourt efore whi!h su!h a7davit is

rodu!ed shall assume that the a7davitwas made y or on ehalf of the owner

of the !oyright.

21(.2. In an a!tion under this hater:

#a$ oyright shall e resumed to

susist in the work or other su5e!t

matter to whi!h the a!tion relates if the

defendant does not ut in issue the

uestion whether !oyright susists in

the work or other su5e!t matter% and

#$ Ehere the susisten!e of the

!oyright is estalished, the lainti

shall e resumed to e the owner of

the !oyright if he !laims to e the

owner of the !oyright and the

defendant does not ut in issue the

uestion of his ownershi.

#!$ Ehere the defendant, without good

faith, uts in issue the uestions ofwhether !oyright susists in a work or

other su5e!t matter to whi!h the a!tion

relates, or the ownershi of !oyright in

su!h work or su5e!t matter, therey

o!!asioning unne!essary !osts or delay

in the ro!eedings, the !ourt may dire!t

that any !osts to the defendant in

rese!t of the a!tion shall not e

allowed y him and that any !osts

o!!asioned y the defendant to other

arties shall e aid y him to su!hother arties. #n$

Section 21$. resu#!tion o Authorshi!. -

21<.1. he natural erson whose name is

indi!ated on a work in the usual manner as

the author shall, in the asen!e of roof to the

!ontrary, e resumed to e the author of the

work. his rovision shall e ali!ale even if

the name is a seudonym, where the

seudonym leaves no dout as to the identity

of the author.

21<.2. he erson or ody !ororate whose

name aears on a audio-visual work in the

usual manner shall, in the asen!e of roof to

the !ontrary, e resumed to e the maker of

said work. #n$

Section 22#. International Registration o

.orks. - A statement !on!erning a work,

re!orded in an international register in

a!!ordan!e with an international treaty to

whi!h the Philiines is or may e!ome a

arty, shall e !onstrued as true until the

!ontrary is roved e3!et:

220.1. Ehere the statement !annot e valid

under this A!t or any other law !on!erningintelle!tual roerty.

220.2. Ehere the statement is !ontradi!ted y

another statement re!orded in the

international register. #n$

CHAPTER (VIII

SCOPE O' APPLICATION

Section 221. oints o Attach#ent or .orks

under )ections 345 and 346. - 221.1. herote!tion aorded y this A!t to

!oyrightale works under &e!tions 12 and

1' shall aly to:

#a$ Eorks of authors who are nationals

of, or have their haitual residen!e in,

the Philiines%

#$ Audio-visual works the rodu!er of

whi!h has his headuarters or haitual

residen!e in the Philiines%

#!$ Eorks of ar!hite!ture ere!ted in the

Philiines or other artisti! works

in!ororated in a uilding or other

stru!ture lo!ated in the Philiines%

#d$ Eorks 4rst ulished in the

Philiines% and

1<



#e$ Eorks 4rst ulished in another

!ountry ut also ulished in the

Philiines within thirty days,

irrese!tive of the nationality or

residen!e of the authors.

221.2. he rovisions of this A!t shall also

aly to works that are to e rote!ted y

virtue of and in a!!ordan!e with anyinternational !onvention or other international

agreement to whi!h the Philiines is a arty.

#n$

Section 222. oints o Attach#ent or

eror#ers. - he rovisions of this A!t on the

rote!tion of erformers shall aly to:

222.1. Performers who are nationals of the

Philiines%

222.2. Performers who are not nationals of the

Philiines ut whose erforman!es:

#a$ ake la!e in the Philiines% or

#$ Are in!ororated in sound

re!ordings that are rote!ted under this

A!t% or

#!$ Ehi!h has not een 43ed in sound

re!ording ut are !arried y road!astualifying for rote!tion under this A!t.

#n$

Section 223. oints o Attach#ent or )ound

Recordings. - he rovisions of this A!t on the

rote!tion of sound re!ordings shall aly to:

22'.1. &ound re!ordings the rodu!ers of

whi!h are nationals of the Philiines% and

22'.2. &ound re!ordings that were 4rst

ulished in the Philiines. #n$

Section 224. oints o Attach#ent or

,roadcasts. - 22/.1. he rovisions of this A!t

on the rote!tion of road!asts shall aly to:

#a$ Droad!asts of road!asting

organi=ations the headuarters of whi!h

are situated in the Philiines% and

#$ Droad!asts transmitted from

transmitters situated in the Philiines.

22/.2. he rovisions of this A!t shall also

aly to erformers who, and to rodu!ers of

sound re!ordings and road!astingorgani=ations whi!h, are to e rote!ted y

virtue of and in a!!ordan!e with any

international !onvention or other international

agreement to whi!h the Philiines is a arty.

#n$

G.R. No. 180677 February 18, 2013

VICTORIO P. DIAZ, Petitioner,

vs.

PEOPE OF T!E P!IIPPINE" AND EVI "TRA#""

$P!I".%, INC., Respondents.

20

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trademark and copyright provisions.docx