Question & AnswerQ&A (PRESIDENTIAL DECREE NO. 49)
The law is known as the "Decree on Intellectual Property."
Protected works include books, periodicals, lectures, letters, dramatic compositions, musical compositions, works of art, original designs, maps, scientific works, photographic works, cinematographic works, computer programs, prints, dramatizations, collections of works, government works, and other literary, scholarly, scientific and artistic works.
The copyright belongs to the employee if the creation is not part of his regular duties even if employer's time and materials were used. If the work is made as part of regularly assigned duties, the copyright belongs to the employer unless otherwise agreed.
Works of the Philippine Government are not subject to copyright. However, prior approval is necessary to exploit such works for profit, and royalties may be required by the agency.
Copyright gives the exclusive right to print, publish, copy, distribute, sell, translate, adapt, exhibit, perform, and make other uses of the work consistent with Philippine laws.
The copyright lasts for the lifetime of the creator plus fifty years after his death. For joint works, it lasts fifty years after the death of the last surviving co-creator. Special terms apply for anonymous works, periodicals, applied art, cinematographic works, or photographic works.
Infringement may be met with an injunction, payment of actual damages or a minimum of One Thousand Pesos, surrender and destruction of infringing goods, moral and exemplary damages, and criminal penalties of imprisonment up to one year or fines from Two Hundred to Two Thousand Pesos or both.
Moral rights include the right to alter or withhold the work from publication, require attribution, object to prejudicial alterations, and restrain use of the creator's name in distorted versions or works not created by him.
Performers have exclusive rights to authorize recording, broadcasting, reproduction of their performances, and to decide whether their name is mentioned. Exceptions apply for recordings related to current events or scientific research.
Their rights expire twenty years from the end of the year when the performance occurred, sound recording was made, or broadcast took place.
Transfers or assignments must be in writing, acknowledged before a notary or authorized officer, and filed with the National Library for registration. Without written indication, transfers are not valid inter vivos.
Yes, copyright is distinct from the property in the material object, so transfer of copyright does not mean transfer of physical copies and vice versa.
Limitations include permitting private performances free of charge, reproductions for personal use, quotations for fair practice and educational purposes, reproductions by libraries or archives for preservation and research, and news reporting reproductions, among others.
They must file a written notice under oath of the creator's death with the National Library for registration; otherwise, remedies are limited.
Importation of piratical copies is prohibited except under limited circumstances like individual use, government use, or use by educational institutions. Violation is an infringement punishable under this Decree, and Customs has authority to seize and dispose of such goods.