Intellectual Property Law - Copyright Flashcards
Definition of Copyright –
it is the legal protection extended to the owner of the rights in an original work.
Definition of “Original Work”
it refers to every production in the literary, scientific and artistic domain. Among the literary and artistic works enumerated in the IP Code includes books and other writings, musical works, films, paintings and other works, and computer programs.
Mostly tangible
Protection commences from?
from the moment of creation, irrespective of the mode or form of expression
Term of copyright
In general, the term of protection of copyright for original and derivative works is the life of the author plus fifty (50) years after his death. The Code specifies the terms of protection for the different types of works.
Works that can be protested by Copyrights
(Copyrightable Works)
✓ Books, pamphlets, articles and other writings
✓ Periodicals and newspapers
✓ Lectures, sermons, addresses, dissertations prepared for oral delivery, whether or not reduced in writing or other material form
✓ Letters
✓ Dramatic or dramatic-musical compositions,
choreographic works or entertainment in dumb shows
✓ Musical compositions, with or without words
✓ Works of drawing, painting, architecture, sculpture, engraving, lithography or other works of art; models or designs for works of art
✓ Original ornamental designs or models for articles of manufacture, whether or not registrable as an industrial design, and other works of applied art
✓ Illustrations, maps, plans, sketches, charts and threedimensional works relative to geography, topography, architecture or science
✓ Drawings or plastic works of a scientific or technical character
✓ Photographic works including works produced by a process analogous to photography, lantern slides
✓ Audiovisuals works and cinematographic works and works produced by a process analogous to cinematography or any process for making audiovisual recordings
✓ Pictorial illustrations and advertisements
✓ Computer programs
✓ Other literary, scholarly, scientific and artistic works
- Works that are not protected by Copyrights (Noncopyrightable
✓ 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;
✓ News of the day and other miscellaneous facts having the character of mere items of press information; or
✓ Any official text of a legislative, administrative or legal nature, as well as any official translation thereof.
Doctrine of Fair Use
It is a privilege to use the copyrighted materials in a reasonable manner WITHOUT THE CONSENT of the copyright owner or as copying the theme or ideas rather than their expression. It is an exception to the copyright owner’s monopoly of the use of the work to avoid stifling the very creativity which that law is
designed to foster. In determining whether the
use made of a work in any particular case is fair
- Ownership of copyright
Generally, the natural person who created the literary
and artistic work owns the copyright to the same.
- Ownership of copyright
▪ For work created during or in the course of employment (works for hire):
✓ Employee - if the work is not part of his regular
duties, even if he used the time, facilities, and
materials of the employer.
✓ Employer - if the work is the result of the
performance of his regularly assigned duties,
unless there is an express or implied agreement
to the contrary.
- Ownership of copyright
▪ For commissioned works:
the person who commissioned the work owns the work but the copyright thereto REMAINS with
the creator, unless there is a written
agreement to the contrary.
- Ownership of copyright
For audiovisual works:
The producer, the author of the scenario, the composer of the music, the film director, and the
author of the work so adapted.
Infringement of Copyright
Infringement of Copyright – it consists infringing any right secured or protected under the Code. It may also consist in aiding or abetting such infringement. The law also provides for the liability of a person who at the time when copyright subsists in a work has in his possession an article which he knows, or ought to know, to be an infringing copy of the work for the purpose of:
✓ Selling or letting for hire, or by way of trade offering or exposing for sale or hire, the article;
✓ Distributing the article for the purpose of trade, or for any other purpose to an extent that will prejudice the rights of the copyright owner in the work; or
✓ Trade exhibit of the article in public.
Term of protection in case of broadcast
20 years from the date the broadcasts took place
Two rights under Copyright
Economic rights
Moral rights
Explain Moral Rights
and the Rights to Proceeds in Subsequent Transfers
Moral rights which make it possible for the creator to
undertake measures to maintain and protect the personal connection between himself and the work.
✓ Right of attribution
✓ Right of alteration
✓ Right of integrity (to object to any prejudicial
distortion)
✓ Right to restrain use of his name
Rights to Proceeds in Subsequent Transfers:
In every sale or lease of an original work of painting, or sculpture, manuscript, the author or his heir shall have an inalienable right to participate in the gross proceeds of the sale or lease to the extent of FIVE PERCENT (5%)
