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COPYRIGHT LAW OF THE PHILIPPINES


A copyright is the legal protection extended to the owner of the rights in an original work. Original work refers to every production in the literary, scientific, and artistic domains. The Intellectual Property Office (IPOPHL) is the leading agency responsible for handling the registration and conflict resolution of intellectual property rights and to enforce the copyright laws. IPOPHL was created by virtue of Republic Act No. 8293 or the Intellectual Property Code of the Philippines.

Works are created on the sole fact of their very creation - regardless of their mode or form of expression as well as their content, the quality of said content, and purpose.


What are the rights conferred to the author of a work?


1. Reproduction of the work or substantial portion of the work;
2. Dramatization, translation, adaptation, abridgment, arrangement or other transformation of the work;
3. The first public distribution of the original and each copy of the work by sale or other forms of transfer of ownership;
4. Rental of the original or a copy of an audio-visual or cinematographic work, a work embodied in a sound recording, a computer program, a compilation of data and other materials or a musical work in graphic form, irrespective of the ownership of the original or the copy which is the subject of the rental;
5. Public display of the original or a copy of the work;
6. Public performance of the work;and
7. Other communication to the public of the work.


What is “FAIR USE” ?


The fair use of a copyrighted work for criticism, comment, news, reporting, teaching including multiple copies for classroom use, scholarship, research and similar purposes is not an infringement of copyright. Decompilation, which is the reproduction of the code and translation of the forms of the computer programs to achieve the inter-operability of an independently created computer program with other programs, may also constitute fair use.


To determine whether use of a work constitutes fair use, the following factors are considered:


1. The purpose and character of the use, including whether such use is of a commercial nature or is for non-profit educational purposes;
2. The nature of the copyrighted work;
3. The amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
4. The effect of the use upon the potential market for or value of the copyrighted work.