1.
In order to be copyrightable, a work must be:
 Fixed in a tangible medium of
expression; and
 Original
It is fixation that defines the time when
copyright subsist.
The thing should be “tangible” for it to come under
copyright protection. (Hence, mere idea like e=mc2
is not copyrightable.)
- if written, if recorded, then copyrightable. If not
recorded, there is no protection because it is not in
a tangible form.
2. In respect of letters, the copyright shall belong to
the writer since he is the original creator of the
contents of the letter.
3. 176.1. NO COPYRIGHT SHALL SUBSIST IN ANY WORK
OF THE GOVERNMENT OF THE PHILIPPINES.
HOWEVER, PRIOR APPROVAL OF THE GOVERNMENT
AGENCY OR OFFICE WHEREIN THE WORK IS CREATED
SHALL BE NECESSARY FOR EXPLOITATION OF SUCH
WORK FOR PROFIT.
THE LAW PROVIDES THAT ONE OF THE
DERIVATIVE WORKS SHALL ALSO BE PROTECTED
BY COPYRIGHT. SUCH AS COLLECTION 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.
4. No protection shall extend, under the law to:
Any idea, procedure, system method or
operation, concept, principle, discovery
or mere data as such, even if they are
expressed, explained, illustrated or
embodied in a work;
Any news of the day and other
miscellaneous facts having the
character of mere items of press
information;
Any work of the Philippine
Government;
Pleadings;
Decision of the courts and other
tribunals, can be free used or quoted;
and
Any official text of legislative,
administrative or legal nature, as well
as any official translation thereof.
5. A. Yes. Misty alone can submit her photographic
work to a magazine for publication.
Copyright being a statutory grant, the rights
are only such as the statute confers, and may
be obtained and enjoyed with respect to the
subjects and by the persons, and on terms and
conditions specified in the statute.
The sole fact said photographic work is
created by Misty and are considered original
intellectual creations in literary and artistic
domain.
B. No, the publisher cannot publish the said
photographic work in all its subsequent
publication.
However, there is exist agreement made in
writing, then the publisher may publish it in
subsequent publications.
6. THE IMPORTATION OF A COPY OF A WORK BY AN
INDIVIDUAL FOR HIS PERSONAL PURPOSES SHALL BE
PERMITTED WITHOUT THE AUTHORIZATION OF THE
AUTHOR OF, OR OTHER OWNER OF COPYRIGHT IN,
THE WORK UNDER THE FOLLOWING
CIRCUMSTANCES:
(A) WHEN COPIES OF THE WORK ARE NOT
AVAILABLE IN THE PHILIPPINES AND:
(I) NOT MORE THAN ONE (1) COPY AT ONE TIME
IS IMPORTED FOR STRICTLY INDIVIDUAL USE
ONLY; OR (II) THE IMPORTATION IS BY
AUTHORITY OF AND FOR THE USE OF THE
 PHILIPPINE GOVERNMENT; OR 8. An author may waive some but not all his moral 10. Under the law, in joint authorship, if the articles
(III) THE IMPORTATION, CONSISTING OF NOT rights by a written instrument (Sec.195) Thus, no are identifiable, each author has the right over the
MORE THAN THREE (3) SUCH COPIES OR such waiver shall be valid where its effects is to article of which they made. However, if the works
LIKENESSES IN ANY ONE INVOICE, IS NOT FOR permit another: are unidentifiable the law on co-ownership will
SALE BUT FOR THE USE ONLY OF ANY To use the name of the author, or the govern.
RELIGIOUS, CHARITABLE, OR EDUCATIONAL title of his work, or otherwise to make
SOCIETY OR INSTITUTION DULY INCORPORATED use of his reputation with respect to 11. Under the law, the copying of the copyrightable
OR REGISTERED, OR IS FOR THE any aversion or adaptation of his work materials are not prohibited if it will be for
ENCOURAGEMENT OF THE FINE ARTS, OR FOR which, because of alterations therein, research or other school related purposes or for
ANY STATE SCHOOL, COLLEGE, UNIVERSITY, OR would substantially tend to injure the criticism, provided that the economic right of
FREE PUBLIC LIBRARY IN THE PHILIPPINES. literary or artistic reputation of another author of the work will not be injured.
(B) WHEN SUCH COPIES FORM PARTS OF authors;
LIBRARIES AND PERSONAL BAGGAGE TO use the name of the author with 12. The right to Mr Ritassue are moral and economic
BELONGING TO PERSONS OR FAMILIES ARRIVING respect to a work he did not create. rights over the painting. His right shall last during
FROM FOREIGN COUNTRIES AND ARE NOT his lifetime and 50 years after his death. Any
INTENDED FOR SALE: PROVIDED, THAT SUCH 9. Public display of the original or a copy of the work subsequent transfer of the painting, the creator or
COPIES DO NOT EXCEED THREE (3). not made by means of a film, slide, television his heirs are entitled to five (5) percent of the gross
image or otherwise on screen or by means of any sales.
7. Sec. 184.1 © The reproduction and communication other device or process, provide that either the
13. Section 193. Scope of Moral Rights. - The author
to the public by mass media of articles on current work has been published, or,that original or the
of a work shall, independently of the economic
political, social, economic, scientific or religious copy displayed has been sold, given away or rights in Section 177 or the grant of an assignment
topic, lectures, addresses and other works of the otherwise transferred to another person by the or license with respect to such right, have the right:
same nature, which are delivered in public if such author or his successor in title does not constitute
use if for information purposes and has not been infringement of copyright. 193.1. To require that the authorship of the
expressly reserved, provided that the source is works be attributed to him, in particular, the
clearly indicated do not constitute infringement of right that his name, as far as practicable, be
indicated in a prominent way on the copies,
copyright.
and in connection with the public use of his
work;
14. Section 203. Scope of Performers' Rights. -
Subject to the provisions of Section 212,
performers shall enjoy the following exclusive
rights:
203.1. As regards their performances, the right
of authorizing:
(a) The broadcasting and other communication
to the public of their performance; and
(b) The fixation of their unfixed performance.
203.2. The right of authorizing the direct or
indirect reproduction of their performances
fixed in sound recordings, in any manner or
form;
15. 177.6. Public performance of the work; and
Notwithstanding the provisions of Chapter V, the
following acts shall not constitute infringement of
copyright:
(i) The public performance or the
communication to the public of a work, in a
place where no admission fee is charged in
respect of such public performance or
communication, by a club or institution for
charitable or educational purpose only, whose
aim is not profit making, subject to such other
limitations as may be provided in the
Regulations
the Philippines by law, shall be entitled to benefits
to the extent necessary to give effect to any
16. Under the IP Code provision of such convention, treaty or reciprocal
a. Copyright infringement consists in law, in addition to the rights to which any owner of
infringing any right secured or an intellectual property right is otherwise entitled
protected under the Code. It may also by this Act
consist in aiding or abetting such
infringement. The law also provides Works first published in the Philippines;
for the liability of a person who at the
time when copyright subsists in a work 18. a. The copyright protection of anonymous works
has in his possession an article which will last fifty (50) years from the first lawfully
he knows, or ought to know, to be an published or until 2020.
infringing copy of the work for the
purpose of: b. The copyright is protected during the
i. Selling or letting for hire, or by lifetime of the author and 50 years after his
way of trade offering or death
exposing for sale or hire, the
article; c. the copyright will last 50 years from the
ii. Distributing the article for the death of Mr.X or until 2060.
purpose of trade, or for any
other purpose to an extent that d. The copyright of the book if not published
will prejudice the rights of the is fifty years from its creation.
copyright owner in the work; or
iii. Trade exhibit of the article in
public
17. Section 3. International Conventions and
Reciprocity. - Any person who is a national or who
is domiciled or has a real and effective industrial
establishment in a country which is a party to any
convention, treaty or agreement relating to
intellectual property rights or the repression of
unfair competition, to which the Philippines is also
a party, or extends reciprocal rights to nationals of