Infringement is the unauthorized importation, duplication, exhibition or distribution of any works covered under copyright protection.
An infringement constitutes both civil and criminal penalties.
Under the Intellectual Property Code of the Philippines, the following are the remedies that may be exercised by the person whose rights are protected under copyright law:
(a) To file an injunction restraining such infringement. The court may also order the infringer to desist from an infringement to prevent the entry into the channels of commerce of imported goods that involve an infringement, immediately after customs clearance of such goods.
(b) To file a civil action for actual damages, including legal costs and other expenses, which the victim may have incurred due to the infringement as well as the profits the infringer may have made due to such infringement.
(c) To file an action for moral and exemplary damages, which the court may deem proper, wise and equitable and the destruction of infringing copies of the work even in the event of acquittal in a criminal case.
In an infringement action, the court shall also have the power to order the seizure and impounding of any article which may serve as evidence in the court proceedings.
(d) To file a criminal action of infringement under Section 217 of the Intellectual Property Code of the Philippines.
Thursday, April 14, 2011
What are the works covered by copyright protection under the Intellectual Property Code of the Philippines
There are two kinds of works that may be covered by copyright protection under the Intellectual Property Code:
I. ORIGINAL WORKS
These refer to literary and artistic works, and are considered original intellectual creations in the literary and artistic domain protected from the moment of their creation and shall include the following:
(a) Books, pamphlets, articles and other writings;
(b) Periodicals and newspapers;
(c) Lectures, sermons, addresses, dissertations prepared for oral delivery, whether or not reduced in writing or other material form;
(d) Letters;
(e) Dramatic or dramatico-musical compositions; choreographic works or entertainment in dumb shows;
(f) Musical compositions, with or without words;
(g) Works of drawing, painting, architecture, sculpture, engraving, lithography or other works of art; models or designs for works of art;
(h) Original ornamental designs or models for articles of manufacture, whether or not registrable as an industrial design, and other works of applied art;
(i) Illustrations, maps, plans, sketches, charts and three-dimensional works relative to geography, topography, architecture or science;
(j) Drawings or plastic works of a scientific or technical character;
(k) Photographic works including works produced by a process analogous to photography; lantern slides;
(l) Audiovisual works and cinematographic works and works produced by a process analogous to cinematography or any process for making audio-visual recordings;
(m) Pictorial illustrations and advertisements;
(n) Computer programs; and
(o) Other literary, scholarly, scientific and artistic works.
II. DERIVATIVE WORKS
The following derivative works shall also be protected by copyright:
(a) Dramatizations, translations, adaptations, abridgments, arrangements, and other alterations of literary or artistic works; and
(b) Collections of literary, scholarly or artistic works, and compilations of data and other materials which are original by reason of the selection or coordination or arrangement of their contents.
The above shall be protected as new works, provided that such new work shall not affect the force of any subsisting copyright upon the original works employed.
I. ORIGINAL WORKS
These refer to literary and artistic works, and are considered original intellectual creations in the literary and artistic domain protected from the moment of their creation and shall include the following:
(a) Books, pamphlets, articles and other writings;
(b) Periodicals and newspapers;
(c) Lectures, sermons, addresses, dissertations prepared for oral delivery, whether or not reduced in writing or other material form;
(d) Letters;
(e) Dramatic or dramatico-musical compositions; choreographic works or entertainment in dumb shows;
(f) Musical compositions, with or without words;
(g) Works of drawing, painting, architecture, sculpture, engraving, lithography or other works of art; models or designs for works of art;
(h) Original ornamental designs or models for articles of manufacture, whether or not registrable as an industrial design, and other works of applied art;
(i) Illustrations, maps, plans, sketches, charts and three-dimensional works relative to geography, topography, architecture or science;
(j) Drawings or plastic works of a scientific or technical character;
(k) Photographic works including works produced by a process analogous to photography; lantern slides;
(l) Audiovisual works and cinematographic works and works produced by a process analogous to cinematography or any process for making audio-visual recordings;
(m) Pictorial illustrations and advertisements;
(n) Computer programs; and
(o) Other literary, scholarly, scientific and artistic works.
II. DERIVATIVE WORKS
The following derivative works shall also be protected by copyright:
(a) Dramatizations, translations, adaptations, abridgments, arrangements, and other alterations of literary or artistic works; and
(b) Collections of literary, scholarly or artistic works, and compilations of data and other materials which are original by reason of the selection or coordination or arrangement of their contents.
The above shall be protected as new works, provided that such new work shall not affect the force of any subsisting copyright upon the original works employed.
Who is the owner of the copyright under Philippine Laws?
Under Section 178 of the Intellectual Property Code of the Philippines, copyright ownership shall be governed by the following rules:
1) In the case of original literary and artistic works (which includes books, articles, lectures, dramatic/choreographic works, musical compositions, designs for works of art, paintings, sculpture, engraving, photographic works, audio visual or cinematographic works, computer programs, and other literary, scholarly, scientific and artistic works) copyright shall belong to the author of the work;
2) In the case of works of joint authorship, the co-authors shall be the original owners of the copyright and in the absence of agreement, their rights shall be governed by the rules on co-ownership.
3) In the case of work created by an author during and in the course of his employment, the copyright shall belong to:
(a) The employee, if the creation of the object of copyright is not a part of his regular duties even if the employee uses the time, facilities and materials of the employer.
(b) The employer, if the work is the result of the performance of his regularly-assigned duties, unless there is an agreement, express or implied, to the contrary.
4) In the case of a work-commissioned by a person other than an employer of the author and who pays for it and the work is made in pursuance of the commission, the person who so commissioned the work shall have ownership of work, but the copyright thereto shall remain with the creator, unless there is a written stipulation to the contrary.
4) In the case of audiovisual work, the copyright shall belong to the producer, the author of the scenario, the composer of the music, the film director, and the author of the work so adapted. However, subject to contrary or other stipulations among the creators, the producers shall exercise the copyright to an extent required for the exhibition of the work in any manner, except for the right to collect performing license fees for the performance of musical compositions, with or without words, which are incorporated into the work; and
5) In respect of letters, the copyright shall belong to the writer subject to the provisions of Article 723 of the Civil Code of the Philippines which states:
"Art. 723. Letters and other private communications in writing are owned by the person to whom they are addressed and delivered, but they cannot be published or disseminated without the consent of the writer or his heirs. However, the court may authorize their publication or dissemination if the public good or the interest of justice so requires."
Related Article:
Requirements for Copyright Registration
1) In the case of original literary and artistic works (which includes books, articles, lectures, dramatic/choreographic works, musical compositions, designs for works of art, paintings, sculpture, engraving, photographic works, audio visual or cinematographic works, computer programs, and other literary, scholarly, scientific and artistic works) copyright shall belong to the author of the work;
2) In the case of works of joint authorship, the co-authors shall be the original owners of the copyright and in the absence of agreement, their rights shall be governed by the rules on co-ownership.
3) In the case of work created by an author during and in the course of his employment, the copyright shall belong to:
(a) The employee, if the creation of the object of copyright is not a part of his regular duties even if the employee uses the time, facilities and materials of the employer.
(b) The employer, if the work is the result of the performance of his regularly-assigned duties, unless there is an agreement, express or implied, to the contrary.
4) In the case of a work-commissioned by a person other than an employer of the author and who pays for it and the work is made in pursuance of the commission, the person who so commissioned the work shall have ownership of work, but the copyright thereto shall remain with the creator, unless there is a written stipulation to the contrary.
4) In the case of audiovisual work, the copyright shall belong to the producer, the author of the scenario, the composer of the music, the film director, and the author of the work so adapted. However, subject to contrary or other stipulations among the creators, the producers shall exercise the copyright to an extent required for the exhibition of the work in any manner, except for the right to collect performing license fees for the performance of musical compositions, with or without words, which are incorporated into the work; and
5) In respect of letters, the copyright shall belong to the writer subject to the provisions of Article 723 of the Civil Code of the Philippines which states:
"Art. 723. Letters and other private communications in writing are owned by the person to whom they are addressed and delivered, but they cannot be published or disseminated without the consent of the writer or his heirs. However, the court may authorize their publication or dissemination if the public good or the interest of justice so requires."
Related Article:
Requirements for Copyright Registration
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