Philippine Copyright Safeguards and Regulations

Author: natural person creating the work.
Collective Work: created by multiple persons under direction, disclosed under one name without identifying contributors.
Communication to the Public: making works available by wire or wireless media.
Computer Program: machine-readable instructions performing tasks.
Copyright: legal right to use, copy, distribute, and benefit economically.
Copyright Office: Copyright Division of the National Library.
Date of Publication: earliest authorized public availability.
Decompilation: reproducing and translating computer program code for interoperability.
Exhibition of audiovisual work: includes public performance, broadcasts, retransmissions.
Performance Symbol and Copyright Symbol defined.
Public Lending: non-profit transfer of possession by institutions like libraries.
Public Performance: performance accessible outside normal social circles.
Published Work: work made publicly accessible.
Publisher: person producing and distributing published work.
Rental and Reproduction defined, with limitations on reprographic reproduction.
SAR: refers to these Copyright Safeguards and Regulations.
Various other terms clarified including unpublished work, derivative works, government works.

Applies to original works, derivative works, performances, sound and broadcast recordings.
Original works include literary, artistic, musical, and scientific works including computer programs.
Derivative works include adaptations and compilations.
Sound recordings cover various audio fixation formats.
Broadcast works include recordings and transmissions.

Copyright belongs primarily to the author.
Joint authors share copyright unless agreement states otherwise.
Works created during employment belong to employee or employer depending on regular duties.
Commissioned works retain copyright with creator unless stipulated otherwise.
Audiovisual works' copyright shared among key creators, with producers exercising exhibition rights.
Letters copyright belongs to writer.
Publishers represent anonymous or pseudonymous authors unless identity is disclosed.

Owner, assignee, or authorized agent may apply for registration.
Assignees entitled to rights and remedies of assignor.
Government employee-created works not part of official duties may claim copyright.
Applications identify authors and require resident agent for non-residents.
Registration requires submission of two copies to National Library and Supreme Court Library.
Categories of works specified for required registrations, replicas, and optional registrations.
Registration must occur within three weeks of first public dissemination.

Application filed personally or by registered mail with supporting documents.
Fees charged with specific refund rules.
Supporting documents include forms, proof of ownership, payment receipts, copies of work, powers of attorney, and others.
Foreign documents must be properly authenticated.
Copyright notices prescribed for published works with specific formatting.
Application processed through review and approval by Copyright Division Chief and Director.
Upon approval, certificate of registration issued with classification of work.
Work safeguarded by qualified custodians.

Registration effective on date on certificate.
Registration is for recording purposes, not conclusive as to ownership or rights.
Failure to register after demand incurs fines.
Registration exempts additional deposit under other laws.

Certificate may be cancelled upon final court or administrative order, transfer of copyright, or expiration of copyright term.

Deposited works except unpublished are open to public inspection with conditions.
Inspection requires written request, appointment by TNL official, prohibition on reproduction.
Special conditions apply for certain works; no authorization for exploitation or misuse.

Includes point-to-point transmissions, video on demand, electronic retrieval.
Broadcasting, rebroadcasting, retransmission all fall under communication to the public.

Exclusive right includes all first distributions and importations into the Philippines.

Societies may enforce rights but do not limit author’s ability to assign or license enforcement.
Multiple societies possible.

Non-profit clubs and educational institutions can perform or communicate non-dramatic literary and uncopyrighted music without infringement, subject to conditions.
Use by legal practitioners allowed only for professional legal advice.
Fair use criteria applies for other uses.
Decompilation of software allowed under strict criteria and fair use analysis.
Reproduction of psychological tests and similar works needs authorization.
Mass media reproduction of public lectures and articles for information purposes permitted with source indication.

Import of a copy by an individual for personal use allowed if not available locally and not for sale.
Subject to customs regulations and IPC provisions.
Exception applies to distribution right, not public performance right.

Producers have rights to reproduction, market availability, rental, and lending.

Works protected from creation, irrespective of form or quality.
Economic rights last through author's life plus fifty years, with variations for specific categories.
Moral rights last lifetime plus fifty years, non-assignable.
Performers and producers enjoy rights for fifty years post performance or recording.
Broadcast organizations’ rights protected for twenty years.
Intellectual Property Office coordinates rights protection.
National Book Development Board assists authors and publishers.

Foreign legal burdens on Philippine nationals are reciprocally enforceable on foreign nationals in the Philippines.
Nationals or residents of countries party to IP conventions benefit from reciprocal rights.

Regulations effective fifteen days after filing with University of the Philippines Law Center.
Director of National Library may amend or repeal these regulations as necessary.