Infringement of Copyright

Statutory copyright is conferred by the statute when the work is made under the Intellectual Property Code.  In other words, publication is not required.  Copyright subsists from the moment of creation.  Acquisition of copyright is not contingent or dependent on any formality or registration.  [Unilever Phils. Inc. v. Court of Appeals et al. 498 SCRA 334 (2006)].    

Under Section 185.1 of the Intellectual Property Code, fair use is not an infringement of copyright.  The law lists a number of uses that may be considered as fair use.  They include:  criticism, comment, news reporting, and teaching, including multiple copies for classroom use, scholarship, research, limited copying for educational purposes, public interest.  Parody as a fair use is a fair criticism or commentary although one in a humorous vein.   The list is not exclusive as it is qualified by the phrase “and similar purposes” Accordingly, these enumerated uses may be raised as a valid defense.    

In Columbia Pictures  Inc. vs. Court of Appeals (261 SCRA 144, 1996), infringement of a copyright is a trespass on a private domain owned and occupied by the owner of the copyright, and, therefore, protected by law, and infringement of copyright, or piracy which is synonymous term in this connection, consists in the doing by an person, without the consent of the owner of the copyright, of anything sole right to do which is conferred by statute on the owner of the copyright.    Piracy is defined as the “unauthorized copying of copyright materials for commercial purposes and the unauthorized commercial dealing in copied materials.”  The essential part of piracy is that the unauthorized activity is carried on for commercial gain.  This element of commercial gain will often be carried out on an organized basis.  (Denis Funa, Intellectual Property Law, 2012 edition)