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
good day..pwede po ba magtanong..
ReplyDeleteang nangyari po sa asawa ko almost 13 years na po cia sa work nia.pinagresign po sia ng amo na at pinapirma sa quit claim..nagpirma po cia sa pero wla po cia natanggap na bayad for 13years nia sa kompanya..subalit instead po na bayaran cia binigyan po cia ng truck vehicle na pwede nia gmitin pang start ng trucking dun din sa sariling kumpanya nila..subalit ang truck po na iyon ay ginawan nia ng kasulatan at pinapirmahan sa asawa ko na babayadan nia sa halagang 550k. sa sa loob po ng 27months..ang tanong ko po..dpat po ba ibawas dun sa halaga ng truck ang dpat quitclaim cash na matatanggap dpat ng asawa ko..