QuestionsQuestions (NL)
Section 228 of RA 8293 (Intellectual Property Code), which provides that the section of the National Library charged with receiving deposits and keeping records shall be opened to public inspection, and empowers the National Library Director to issue safeguards and regulations necessary to implement the Section and other provisions of the Act.
It is the making of a work available to the public by wire or wireless means so members of the public may access from a place and time individually chosen. It also includes point-to-point transmission such as video on demand and access to electronic retrieval systems; broadcasting/rebroadcasting, cable retransmission, and satellite transmission are also included.
Works are protected from the moment of creation, irrespective of their mode or form of expression and content, quality, and purpose.
Copyright belongs to the author of the work, subject to provisions on joint authorship, employment-created works, commissioned works, audiovisual works, letters, and related rules stated in the text.
If the creation is not part of the employee’s regular duties, copyright belongs to the employee even if time/facilities/materials of the employer are used; if it is the result of regularly-assigned duties, copyright belongs to the employer unless there is an agreement to the contrary.
The person who commissioned owns the work, but copyright remains with the creator unless there is a written stipulation to the contrary.
Publishers are deemed to represent the authors of articles published without the author’s name or under pseudonyms unless the contrary appears, the pseudonym leaves no doubts as to identity, or the author discloses identity.
The owner or assignee of the copyright, or his/her duly authorized agent/representative. If the author cannot claim copyright protection, the assignee/agent cannot claim it either; if the applicant is not the owner/author/assignee, authority to apply must be submitted.
They must appoint a resident agent via a special power of attorney authorized to pursue the application with the National Library and/or Supreme Court Library and to receive service of notice or other legal process; if the agent dies/absent/incapacitated, a new agent must be appointed and notice filed with TNL and/or SCL.
Within three (3) weeks after the first public dissemination or publication, using the prescribed form.
It is purely for recording the date of registration and deposit and is not conclusive on copyright ownership, term, or the rights of the copyright owner (including neighboring rights).
Books/pamphlets/articles/writings; periodicals and newspapers; lectures/sermons/addresses/dissertations prepared for oral delivery (whether or not in writing); letters; and musical compositions with or without words.
Cancellation may be ordered by (1) a final court decision; (2) a final order of proper quasi-judicial/administrative bodies; (3) registration of deeds/transfers/assignments/transactions affecting copyright including transfers by inheritance; or (4) expiration of the term of copyright.
Public inspection is allowed only under conditions set by the Director; fragile/rare/frequently used works may be opened, but reproduction by the public is prohibited. Requests must be made in writing at least one (1) day prior, specifying purpose and authorization; the inspection is supervised by TNL employees, and the work must remain intact and is not to be handled or reproduced.
General rule: during the life of the author and for fifty (50) years after death. Joint authorship: life of the last surviving author plus fifty (50) years after death. Anonymous/pseudonymous works: fifty (50) years from the date the work was first lawfully published; if the author’s identity is revealed/no longer in doubt before expiration, the general/joint rules apply.
If within three (3) weeks after receipt of written demand the required copies are not delivered and the registration/deposit fee is not paid, the copyright owner/assignee/agent is liable to a fine equivalent to the required fee per month of delay and to pay to TNL and SCL the amount of the retail price of the best edition of the work.