Scope and Beneficiaries of Copyright
- Copyright confers exclusive rights including printing, reproducing, distributing, adapting, exhibiting, performing, and other uses consistent with the law.
- Ownership vests in the creator, their heirs, or assigns; joint works confer joint ownership.
- Work created in employment context confers copyright to either employer or employee depending on the nature of creation.
- Commissioned works confer joint ownership unless otherwise stipulated.
- Cinematographic works have multiple creators with defined rights, particularly the producer's exhibition rights.
- Anonymous or pseudonymous works are owned by publishers unless proven otherwise.
- Derivative works with consent are protected as new works without affecting original copyright.
- Government works have no copyright but require prior approval for exploitation, except for official publications and speeches.
Limitations on Copyright
- Private or charitable performance, and personal reproductions, are allowed.
- Fair use allows quotations, excerpts for scientific, educational, and critical purposes, with acknowledgment.
- News and music parts may be reproduced unless explicitly reserved.
- Photography, cinematography, or broadcasting of current events may include incidental works.
- Libraries, archives, and museums may reproduce works by photography under specified limitations and conditions.
- After 5 years without authorized translation into national or local language, a citizen may obtain a non-exclusive license to translate, subject to conditions including royalties.
Transfer of Work and Copyright
- Copyright may be transferred by gift, inheritance, or otherwise, but transfers must be in writing and notarized.
- Submission for publication constitutes a license for a single publication unless otherwise stated.
- Copyright is separate from material object; transfer of works does not transfer copyright.
- Joint ownership requires consent of co-owners for licenses.
- Transfers and licenses must be registered with the National Library to be enforceable against purchasers without notice.
- Heirs must notify the National Library upon death of creator for enforcement of rights.
Duration of Copyright
- Generally lasts for the creator's lifetime plus 50 years.
- Joint works last 50 years after last surviving co-creator's death.
- Anonymous/pseudonymous works last 50 years from first publication, unless author identity is known.
- Posthumous works also protected for 50 years.
- Specific shorter terms (30 years) apply to periodicals, applied art, cinematographic and photographic works.
- Terms begin January 1 following the triggering event.
Deposit and Notice
- A deposit of two copies of certain works must be made with the National Library within three weeks after public dissemination.
- Non-compliance may result in fines and limits ability to recover damages in infringement actions.
- Published copies must carry notice of copyright owner and date; failure limits remedies.
Infringement
- Remedies include injunction, damages (actual or statutory minimum), impounding and destruction of infringing copies and means.
- Criminal penalties include imprisonment up to one year or fines between 200 to 2,000 pesos.
- Importation of pirated works is prohibited except under limited personal, governmental or institutional uses.
- Customs empowered to regulate and seize unauthorized imports.
Right to Proceeds from Subsequent Transfers
- Creators or heirs entitled to 5% of gross proceeds for sales or leases of original paintings, sculptures or manuscripts after first disposal.
- Works must be registered in the National Library for claims.
- Societies may act as agents in collecting and distributing proceeds.
- Right does not apply to reproductions where creator's gain is from reproductions.
Moral Rights
- Creators have rights to modify or withhold works, to attribution, to object to prejudicial alterations, and to control use of name.
- Rights are perpetual and imprescriptible.
- Creators may assign or waive these rights but not in a manner harmful to their reputation or falsely attributing works.
- Collective work contributors deemed to waive attribution unless reserved.
- Reasonable editing or adaptation by licensees not deemed a violation.
- Enforcement rights may pass to heirs, designated persons, or the Director of the National Library.
- Violations entitle holders to injunctions, damages, and recovery under Civil Code.
Rights of Performers, Producers, and Broadcasters
- Performers have exclusive rights to authorize recordings, broadcasts, and reproductions of their performances.
- Performers control whether their names are credited.
- Certain exceptions allow recording for reporting current events or scientific/educational purposes.
- Producers of sound recordings have exclusive rights to reproduction and market insertion.
- Producers entitled to remuneration from use for profit and may forbid damaging use.
- Recording copies must indicate relevant information and be deposited in the National Library.
- Broadcasting organizations have rights to rebroadcast, record for profit, and reuse recordings.
- Restrictions on recording for private and scientific use.
- All rights in this chapter last 20 years from performance, recording or broadcast date.
- Infringement penalized similarly to other copyright violations.
Institution of Actions and Proceedings
- Jurisdiction with Courts of First Instance regardless of amount involved.
- Damages claims must be made within four years of cause of action.
- Appeals governed by rules of court.
Miscellaneous Provisions
- Deposited copies and filed instruments become government property.
- Public inspection allowed under regulations.
- Fees collected by National Library for registration, certificates, and services.
Final Provisions
- Decree applies to existing copyrighted works without diminishing existing protections.
- Repeals inconsistent laws and takes effect 15 days after publication.