Legal basis and statutory foundation
- Section 228 of Republic Act No. 8293 (Intellectual Property Code of the Philippines or IPC) provides that the section/division of the National Library that receives deposits and keeps required records shall be opened to public inspection.
- Section 228 of the IPC empowers the Director of the National Library to issue safeguards and regulations necessary to implement Section 228 and other provisions of the IPC.
- The SAR is issued pursuant to Section 228 of Republic Act No. 8293 (Rule 1, Sec. 2).
Policy and intent
- The State recognizes that an effective intellectual and industrial property system is vital to the development of creative activity.
- The State shall streamline and liberalize administrative procedures for registering copyright.
- The State shall enhance enforcement of intellectual property rights in the Philippines (Rule 1, Sec. 1).
Core definitions and key terms
- An author is a natural person who has created the work (Rule 2).
- Copyright Office refers to the Copyright Division of the National Library (Rule 2).
- Copyright is a right granted by statute to the author or originator of literary, scholarly, scientific, or artistic productions, including computer programs.
- Copyright symbol is represented by © (Rule 2).
- Date of Publication is the earliest date when a copy of the first authorized edition is placed on sale, sold, distributed, or otherwise made available to the public by the copyright owner or representative (Rule 2).
- Communication to the public means making a work available to the public by wire or wireless means so that members of the public may access it from a place and time individually chosen by them (Rule 2).
- Fee refers to the amount prescribed by the National Library for issuance of a Certificate of Registration and Deposit to claim copyright, or for filing an assignment or license, or for other covered services or transactions (Rule 2).
- Computer program is a set of instructions capable, when incorporated in a machine-readable medium, of causing an information-processing machine to indicate, perform, or achieve a particular function, task, or result (Rule 2).
- Decompilation means reproducing the code and translating the forms of a computer program to achieve interoperability of an independently created computer program with other programs (Rule 2).
Scope: covered works and subject matter
- The SAR applies to original works, derivative works, performances of producers, sound recordings, and recordings of broadcasting organizations (Rule 3).
- The SAR recognizes original works including: books, pamphlets, articles and writings; periodicals and newspapers; lectures, sermons, addresses, dissertations prepared for oral delivery; letters; dramatic or dramatico-musical compositions; choreographic works; musical compositions; works of drawing, painting, architecture, sculpture, engraving, lithography and other works of art; models or designs for works of art; ornamental designs/models for articles of manufacture and works of applied art; illustrations, maps, plans, sketches, charts and three-dimensional works relating to geography, topography, architecture or science; drawings/plastic works of a scientific or technical character; photographic works (including analogous processes); lantern slides; audiovisual and cinematographic works and analogous processes; pictorial illustrations and advertisements; computer programs; and other literary, scholarly, scientific, and artistic works (Rule 3, Sec. 1).
- The SAR recognizes derivative works including: dramatizations, translations, adaptations, abridgments, arrangements, and other alterations; and collections/compilations of data and other materials that are original by reason of selection, coordination, or arrangement (Rule 3, Sec. 2).
- The SAR defines and covers works of producers of sound recordings as fixations of sounds (or representation of sound) other than fixation incorporated in a cinematographic or audiovisual work, including formats such as phonographic records, cassette tapes, optical discs, CDs, CD-ROMs, DVDs, etc. (Rule 3, Sec. 3).
- The SAR covers works of broadcasting organizations as recordings, films, videotapes, television broadcasts, and other wire or wireless transmissions (Rule 3, Sec. 4).
Ownership rules and application capacity
- Copyright ownership is governed by the SAR’s ownership rules, including:
- For original literary and artistic works, copyright belongs to the author (Rule 4, Sec. 1(a)).
- For joint authorship, co-authors are original owners; absent agreement, rights follow co-ownership rules; if parts are separately usable and authors can be identified, each author owns the copyright in the part created (Rule 4, Sec. 1(b)).
- For work created during and in the course of employment: copyright belongs to the employee if creation is not part of regular duties (even if time/facilities/materials of employer are used); copyright belongs to the employer if the work results from performance of regularly assigned duties unless there is an agreement to the contrary (Rule 4, Sec. 1(c)).
- For commissioned works (not by employer): the commissioner owns the work, but copyright remains with the creator unless there is written stipulation to the contrary (Rule 4, Sec. 1(d)).
- For audiovisual work, copyright belongs to the producer, author of the scenario, composer of the music, film director, and the author of the adapted work; producers exercise copyright as required for exhibition by any manner except the right to collect performing license fees for performances of musical compositions incorporated in the work (Rule 4, Sec. 1(e)).
- For letters, copyright belongs to the writer subject to Article 723 of the Civil Code (Rule 4, Sec. 1(f)).
- Publishers are deemed to represent authors for articles and writings published without the author’s name or under pseudonyms, unless contrary appears, unless pseudonym leaves no doubts as to identity, or if the author discloses identity (Rule 4, Sec. 2).
- Applications for registration and deposit may be filed by the owner or assignee of the copyright, or by the duly authorized agent or representative, or by the owner’s/assignee’s duly authorized agent (Rule 5, Sec. 1).
- If an author could not claim copyright protection, the assignee or agent cannot claim it (Rule 5, Sec. 1).
- If the applicant is not the owner/author/assignee, the applicant must submit authority to apply (Rule 5, Sec. 1).
- An assignee is entitled to all rights and remedies the assignor has with respect to the copyright (Rule 5, Sec. 1).
- No copyright should subsist in any work of the Government, but any employee may claim it by submitting for registration a work created during employment that does not form part of regularly prescribed official duties (Rule 5, Sec. 1).
- The application must identify the author or authors as far as practicable, without prejudice to Sections 171.2 and 179 of the IPC (Rule 5, Sec. 2).
Procedure for registration and deposit
- The application for a certificate of registration and deposit must be filed using the prescribed form:
- personally or by registered mail; and
- with the Copyright Division of TNL and the SCL (Rule 6, Sec. 1).
- Only complete applications complying with the supporting-document requirements are given due course (Rule 6, Sec. 1).
- Registration and deposit of copies/reproductions using the prescribed form must be made personally or by registered mail within three (3) weeks after the first public dissemination or publication authorized by the author (Rule 7, Sec. 7).
- A separate application must be filed for each number of a periodical containing a notice of copyright, and the applicant must submit the application form in duplicate for each work (Rule 6, Sec. 3(a)).
- Supporting documents required with applications include:
- evidence of copyright ownership and, when claimant is not original author/translator/editor, the manner of acquisition; and identification of where and in what establishment the work was made, performed, printed, or produced and the date of completion and publication (Rule 6, Sec. 3(b));
- receipt showing payment of the registration fee when filed personally, or postal money order when filed by registered mail (Rule 6, Sec. 3(c));
- documentary stamps in the correct amount affixed to the certificate (Rule 6, Sec. 3(d));
- two (2) complete copies (or reproductions) of the work or replica/picture required under Rule 5 (Rule 6, Sec. 3(e));
- for published works, two (2) printed copies with the copyright notice printed in front or at the back of the title page or on a conspicuous space for non-book material (Rule 6, Sec. 3(f));
- for musical works, two (2) copies of the original work in the form of music sheet, cassette, optical disk, or multimedia (Rule 6, Sec. 3(g));
- for unpublished literary works, two (2) copies of the work without the copyright notice (Rule 6, Sec. 3(h));
- for original ornamental designs, a technical description of the design (Rule 6, Sec. 3(i));
- for transfers/estates transactions, two (2) duplicate originals or certified true copies of deeds of assignment, letters of administration, letters testamentary, letters of guardianship, or affidavit of extrajudicial settlement of estate, as applicable (Rule 6, Sec. 3(j));
- if the applicant is a non-resident alien, an original special power of attorney appointing a resident agent for application and service of notice or legal process relating to the application and copyright (Rule 6, Sec. 3(k));
- if needed to clarify corporate/partnership/business names, a certified true copy of corporate/partnership registration certificate or business name registration for sole proprietorships (Rule 6, Sec. 3(l));
- if a third party claims copyright ownership, an original written and under-oath copyright waiver executed by the author in favor of the third party (Rule 6, Sec. 3(m)).
- Documents executed outside the Philippines must be duly authenticated by:
- the proper Philippine diplomatic or consular representative; or
- a notary public authorized to authenticate documents under the law of the country where executed (Rule 6, Sec. 4).
- Non-resident applicants must appoint a resident agent through a special power of attorney (SPA) authorized to pursue the application with TNL and/or SCL and receive service of notice or other legal process; if the resident agent dies, is absent, or becomes incapacitated, a new resident agent must be appointed by SPA with revocation of the prior SPA and notice/copy filed with TNL and/or SCL (Rule 5, Sec. 3).
Fees and processing outcomes
- Application and service fees are charged as prescribed (Rule 6, Sec. 2).
- Fees paid by mistake, not required by law, in excess of required amount, or erroneously charged are refunded (Rule 6, Sec. 2).
- A mere change of purpose after payment, such as withdrawal of an application, does not entitle refund of fees paid (Rule 6, Sec. 2).
- When an application is withdrawn or refused, fees paid with the application are treated as examination and processing fees and are not refunded (Rule 6, Sec. 2).
- Upon receipt of an application and prescribed fees, the Copyright Division performs initial compliance checks, then the Chief of the Copyright Division reviews and acts on the application, and the Director of TNL gives final approval (Rule 6, Sec. 8(b)).
- The Director of TNL issues the Certificate of Copyright Registration and Deposit immediately upon approval (Rule 6, Sec. 8(c)).
- If there are two (2) or more copyright holders, each may receive an original copy of the registration upon application (Rule 6, Sec. 8(c)).
- Each work is classified and assigned consecutive registration and deposit numbers, grouped into classes A through Q:
- A Books…
- B Periodicals and newspapers
- C Lectures… dissertations…
- D Letters
- E Dramatic or dramatico-musical… choreographic… shows
- F Musical compositions
- G Works of art… models/designs
- H Original ornamental designs/models for articles of manufacture… and works of applied art
- I Illustrations/maps/plans/sketches/charts/three-dimensional geography/topography/architecture/science
- J Drawings or plastic works of scientific/technical character
- K Photographic works… lantern slides
- L Audiovisual and cinematographic works… and analogous processes
- M Pictorial illustrations and advertisements
- N Computer programs
- O Other literary, scholarly, scientific and artistic works
- P Sound recordings
- Q Broadcast recordings (Rule 6, Sec. 8(d)).
- Each accepted work is kept in a proper repository by qualified custodians and curators for safekeeping (Rule 6, Sec. 8(f)).
Copyright notice and deposit formalities
- The copyright notice format for published works is:
- Philippine Copyright _________( year of publication)
- By ___________________________(name of copyright owner) (Rule 6, Sec. 5).
- The copyright notice must be clearly and neatly printed and must be without amendments, erasures, additions, or deletions whether handwritten, typewritten, or otherwise (Rule 6, Sec. 6).
- The prescribed copyright notice must be affixed to each copy of the published work intended for circulation or sale in the Philippines (Rule 6, Sec. 7).
- The name shown in the copyright notice must be the true legal name of the owner, though a pseudonym or pen name may be used; the year in the notice must match the year of publication (Rule 6, Sec. 7).
Effect, penalties, and cancellation
- Registration and deposit take effect on the date specified on the certificate covering the work (Rule 7, Sec. 1).
- Registration and deposit is purely for recording the date of registration and deposit and is not conclusive as to:
- copyright ownership;
- the term of copyrights; or
- the rights of the copyright owner including neighboring rights (Rule 7, Sec. 2).
- If, within three (3) weeks after receipt by the copyright owner of a written demand by TNL and/or SCL for deposit of a work listed in Rule 5, Sec. 4, the required copies are not delivered and the registration and deposit fee is not paid, the copyright owner (or assignee/agent) must pay:
- a fine equivalent to the required fee per month of delay; and
- the amount of the retail price of the best edition of the work to TNL and SCL (Rule 7, Sec. 3).
- Once a certificate of deposit is issued, the copyright owner is exempt from making additional deposits of the work with TNL or SCL under other laws (Rule 7, Sec. 4).
- The Director of TNL or SCL Director may cancel a Certificate of Copyright Registration and Deposit covering a specific work on grounds including:
- a final court decision ordering cancellation (Rule 8, Sec. 1(a));
- a final order of proper quasi-judicial or administrative bodies (Rule 8, Sec. 1(b));
- registration of deeds of transfers/assignments and other transactions affecting copyright, including inheritance transfers (Rule 8, Sec. 1(c));
- expiration of the term of copyright (Rule 8, Sec. 1(d)).
Public inspection, reproduction restrictions
- Copies of works registered and deposited with TNL and SCL are deemed the property of the Philippine government (Rule 9, Sec. 1).
- Deposited copies are open to public inspection except for unpublished works, subject to conditions (Rule 9, Sec. 1).
- The Director of TNL may open only copies that are fragile, rare, frequently used, or in similar conditions (Rule 9, Sec. 1(a)).
- The public is not allowed to reproduce any of the works during inspection under any circumstances (Rule 9, Sec. 1(a)).
- A written request signed by the interested party must be submitted to TNL at least one (1) day prior to the requested inspection date and time, specifying the work, purpose, principal, authorization if acting as agent, and preferred date and time (Rule 9, Sec. 1(b)).
- If the request is approved and inspection and handling fees are paid, the interested party must be accompanied by a designated TNL Copyright employee who ensures the party has no camera, video, or any gadget for reproduction, and then the party proceeds to inspection officer/custodian (Rule 9, Sec. 1(d)).
- The custodian designates the inspection place after the party signs the inspection register; a TNL Copyright employee brings the work and remains to ensure it is not copied and remains intact for the entire inspection period (Rule 9, Sec. 1(e)).
- After inspection, the work is returned to the custodian for examination to ensure it is intact (Rule 9, Sec. 1(f)).
- Certain works require special inspection conditions: only authorized TNL Copyright employees shall operate/run the work for viewing/listening/perception, and the inspecting party is not permitted to handle, operate, or run the work (Rule 9, Sec. 2).
- Opening for public inspection does not authorize exploitation, abuse, or misuse of the work (Rule 9, Sec. 3).
Documentation, recording, and transfers
- Each registered and deposited work is issued a Certificate of Registration and Deposit (Rule 10, Sec. 1).
- Each work is recorded either in separate record books or through electronic processes, and the records indicate the title, name of copyright owner, author, publisher, date applied, copyright registration number, and retail price of the work (Rule 10, Sec. 2).
- Deeds of transfers, assignments, or exclusive licenses and other transactions affecting copyright, including transfers by inheritance, may be filed in duplicate with TNL upon payment of the prescribed fee, and notice of the record is published in the Intellectual Property Office Gazette (Rule 10, Sec. 3).
- After recordation of conveyance, the transferee may obtain a certificate of registration in the transferee’s own name for the period specified in the deed, not to exceed the remaining life of the term of the copyright (Rule 10, Sec. 3).
- Works are kept by qualified custodians and curators separately as classified in suitable places to ensure safety and preservation for posterity (Rule 10, Sec. 4).
Other copyright rules and rights limits
- Communication to the public includes point-to-point transmission of a work (including video on demand) and providing access to an electronic retrieval system (including computer databases, servers, or similar electronic storage devices) (Rule 11, Sec. 1).
- Broadcasting, rebroadcasting, retransmission by cable, and broadcast and retransmission by satellite are acts of communication to the public within the meaning of the IPC (Rule 11, Sec. 1).
- An exclusive right of first distribution includes all acts involving distribution, including the first importation of an original and each copy of the work into the jurisdiction of the Republic of the Philippines (Rule 12, Sec. 1).
- Societies’ role in enforcing copyright must not prejudice a copyright owner’s right to designate an assignee, licensee, or other agent to carry out enforcement on the owner’s behalf; a copyright owner may enter into agreements with more than one such society (Rule 13, Sec. 1).
- Public performance or communication to the public by a non-profit club or institution for charitable or educational purposes only is not infringement if:
- the works are limited to non-dramatic literary works and non-copyrighted musical compositions and do not include audiovisual works or computer programs (Rule 14, Sec. 1(a));
- the clubs/institutions are organized exclusively for charitable or educational purposes (Rule 14, Sec. 1(b));
- no fee/compensation is paid to performers, promoters, or organizers (Rule 14, Sec. 1(i));
- there is no direct or indirect admission charge (Rule 14, Sec. 1(ii));
- admission is restricted to persons who have been members in good standing for at least the preceding thirty (30) days (Rule 14, Sec. 1(iii)).
- For use in judicial proceedings or by legal practitioners, the exception for “giving of professional advice by a legal practitioner” is limited to uses directly connected to legal advice with respect to the work or directly related individuals/institutions/events/circumstances; it does not apply to exclusive rights regarding legal research materials, legal-related computer software, legal-related on-line material, or other works utilized in the practice of law on a regular basis (Rule 14, Sec. 2).
- Determining whether use is compatible with fair use applies the criteria set forth in Section 185 of the IPC (Rule 14, Sec. 3).
- An act of decompilation may qualify for analysis under fair use if it meets all criteria:
- only reproduction/translation of code;
- indispensable reproduction/translation to obtain the information such that it can be obtained only through decompilation;
- information is necessary for interoperability;
- interoperability is between the decompiled program and an independently created computer program (Rule 14, Sec. 4(a)-(d)).
- Decompilation that meets statutory criteria is not presumed fair; fair use factors must be applied to decide fairness in the circumstances (Rule 14, Sec. 4).
- The effect of use on the value of the copyrighted work is a limitation on fair use; reproduction affecting usefulness, reliability, and validity (including psychological tests and similar nature) requires prior authority of the copyright owner (Rule 14, Sec. 5).
- Mass media reproduction/communication of articles/lectures delivered in public for information purposes without express reservation is not infringement if the source is clearly indicated and the use does not unreasonably prejudice the right holder’s legitimate interests (Rule 14, Sec. 6).
- Importation by an individual strictly for personal use is permitted when copies are not available in the Philippines and is not intended for sale, subject to Section 190 of the IPC and rules of the Commissioner of Customs, approved by the Secretary of Finance; this exception applies to the distribution right only, not to the public performance right (Rule 15, Sec. 1).
- Producers of sound recordings have the right of rental or lending as part of the right under the IPC to make their sound recordings available to the public by placing reproductions in the market (Rule 16, Sec. 1).
Protection duration and enforcement allocations
- Works are protected from the moment of creation, regardless of mode/form of expression and regardless of content, quality, and purpose (Rule 17, Sec. 1).
- Economic rights of authors are protected during the author’s life and for fifty (50) years after death, including posthumous works, subject to specified rules (Rule 17, Sec. 2(a)).
- Joint authorship economic rights last during the life of the last surviving author and for fifty (50) years after his death (Rule 17, Sec. 2(b)).
- For anonymous or pseudonymous works, economic rights last fifty (50) years from the date the work is first lawfully published; if the author’s identity is revealed or no longer in doubt before expiration, the life-plus rules apply; if not published, protection lasts fifty (50) years from making (Rule 17, Sec. 2(c)).
- Works of applied art are protected for twenty-five (25) years from the date of making (Rule 17, Sec. 2(d)).
- Photographic works are protected:
- fifty (50) years from publication; and
- fifty (50) years from making (Rule 17, Sec. 2(e)).
- Audiovisual works (including analogous processes) are protected for:
- fifty (50) years from publication; and
- if unpublished, fifty (50) years from making (Rule 17, Sec. 2(f)).
- Moral rights last during the author’s lifetime and for fifty (50) years after death, are not assignable or subject to license, and posthumous enforcement is exercised by persons named in writing filed with TNL; if none are named, enforcement devolves to the author’s heirs, and if none, to the Director of TNL (Rule 17, Sec. 3).
- Performers’ and producers’ rights of sound recordings expire:
- fifty (50) years from the end of the year of the performance for performances not incorporated in recordings; and
- fifty (50) years from the end of the year of recording for sound/image-and-sound recordings and performances incorporated therein (Rule 17, Sec. 4(a)-(b)).
- Moral rights of performers are maintained and exercised fifty (50) years after death by heirs, and in default of heirs by the government where protection is claimed (Rule 17, Sec. 5).
- Broadcast organizations’ term is twenty (20) years from the date the broadcast took place; extended term applies only to old works with subsisting protection under prior law (Rule 17, Sec. 6).
- Protection of intellectual property rights is coordinated by the Intellectual Property Office with other government agencies and the private sector (Rule 17, Sec. 7).
- Protection and enforcement related to authors/publishers and legal assistance in suits devolves on the National Book Development Board (NBDB) pursuant to Section 4(i) of Republic Act No. 8047, the “Book Publishing Industry Development Act” (**