Week 11 Case 27 G.R. No. 161295 Flashcards
How is ownership of copyrighted material shown?
Ownership of copyrighted material is shown by proof of originality and copyrightability. By originality is meant that the material was not copied, and evidences at least minimal creativity; that it was
independently created by the author and that it possesses at least same minimal degree of creativity. Copying is shown by proof of access to
copyrighted material and substantial similarity between the two works. The applicant must thus demonstrate the existence and the validity of his copyright because in the absence of copyright protection, even original creation may be
freely copied.
What is a copyright certificate? What does it prove?
To discharge his burden, the applicant may present the certificate of registration covering the work or, in its absence, other evidence. A copyright certificate provides prima facie evidence of originality which is one element of copyright validity. It constitutes prima facie evidence of both validity and ownership and the validity of the facts stated in the certificate. The presumption of validity to a certificate of copyright registration merely orders the burden of proof. The applicant should not ordinarily be
forced, in the first instance, to prove all the multiple facts that underline the validity of the copyright unless the respondent, effectively challenging them,
shifts the burden of doing so to the applicant.
In a copyright, which is given more focus, artistic design or marketability? Why?
It bears stressing that the focus of copyright is the usefulness of the artistic design, and not its marketability. The central
inquiry is whether the article is a work of art. Works for applied art include all original pictorials, graphics, and sculptural works that are intended to be or
have been embodied in useful article regardless of factors such as mass production, commercial exploitation, and the potential availability of design
patent protection.
Is there copyright protection for works of applied art or industrial art?
Which are given exemptions?
Yes.
[W]hile works of applied art, original intellectual, literary and artistic works are copyrightable, useful articles and works of
industrial design are not. A useful article may be copyrightable only if and only
to the extent that such design incorporates pictorial, graphic, or sculptural features that can be identified separately from, and are capable of existing
independently of the utilitarian aspects of the article. We agree with the contention of the petitioner (citing Section 171.10 of R.A. No. 8293), that the
author’s intellectual creation, regardless of whether it is a creation with utilitarian functions or incorporated in a useful article produced on an industrial scale, is protected by copyright law. However, the law refers to a “work of applied art which is an artistic creation.” It bears stressing that there is no
copyright protection for works of applied art or industrial design which have aesthetic or artistic features that cannot be identified separately from the
utilitarian aspects of the article. Functional components of useful articles, no matter how artistically designed, have generally been denied copyright
protection unless they are separable from the useful article. In this case, the
petitioner’s models are not works of applied art, nor artistic works. They are utility models, useful articles, albeit with no artistic design or value.
Is copyright a statutory right?
Yes. Copyright is a purely statutory right.
“Copyright, in the strict sense of the term, is purely a statutory right. It is a new or independent right granted by the statute, and not simply a pre-existing right
regulated by it. Being a statutory grant, the rights are only such as the statute confers, and may be obtained and enjoyed only with respect to the subjects and
by the persons, and on terms and conditions specified in the statute. Accordingly, it can cover only the works falling within the statutory enumeration or description.”
How do trademarks, copyrights, and patents differ?
Copyright and patent rights are completely distinct and separate from one another, and the
protection afforded by one cannot be used interchangeably to cover items or works that exclusively pertain to the others.
Trademark, copyright and patents are different intellectual property rights that cannot be interchanged with one another.
A trademark is any visible
sign capable of distinguishing the goods (trademark) or services (service mark)
of an enterprise and shall include a stamped or marked container of goods. In
relation thereto, a trade name means the name or designation identifying or distinguishing an enterprise.
Meanwhile, the scope of a copyright is confined to
literary and artistic works which are original intellectual creations in the literary and artistic domain protected from the moment of their creation.
Patentable inventions, on the other hand, refer to any technical solution of a problem in any field of human activity which is new, involves an inventive step and is
industrially applicable.
