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PART III
THE LAW ON TRADEMARKS, SERVICE
MARKS AND TRADE NAMES
Section 121. Defnitions. - As used in Part III,
the following terms have the following
meanings:
121.1. "Mark" means any visile sign !aaleof distinguishing the goods #trademark$ or
servi!es #servi!e mark$ of an enterrise and
shall in!lude a stamed or marked !ontainer
of goods% #&e!. '(, ).A. *o. 1++a$
121.2. "olle!tive mark" means any visile
sign designated as su!h in the ali!ation for
registration and !aale of distinguishing the
origin or any other !ommon !hara!teristi!,
in!luding the uality of goods or servi!es of
dierent enterrises whi!h use the sign underthe !ontrol of the registered owner of the
!olle!tive mark% #&e!. /0, ).A. *o. 1++a$
121.'. "rade name" means the name or
designation identifying or distinguishing an
enterrise% #&e!. '(, ).A. *o. 1++a$
Section 122. How Marks are Acquired. - he
rights in a mark shall e a!uired through
registration made validly in a!!ordan!e with
the rovisions of this law. #&e!. 2-A, ) A. *o.1++a$
Section 123. Registrability . - 12'.1. A mark
!annot e registered if it:
#a$ onsists of immoral, de!etive or
s!andalous matter, or matter whi!h
may disarage or falsely suggest a
!onne!tion with ersons, living or dead,
institutions, eliefs, or national
symols, or ring them into !ontemtor disreute%
#$ onsists of the ag or !oat of arms
or other insignia of the Philiines or
any of its oliti!al sudivisions, or of
any foreign nation, or any simulation
thereof%
#!$ onsists of a name, ortrait or
signature identifying a arti!ular living
individual e3!et y his written !onsent
or the name, signature, or ortrait of a
de!eased President of the Philiines,
during the life of his widow, if any,
e3!et y written !onsent of the widow%
#d$ Is identi!al with a registered markelonging to a dierent rorietor or a
mark with an earlier 4ling or riority
date, in rese!t of:
#i$ he same goods or servi!es,
or
#ii$ losely related goods or
servi!es, or
#iii$ If it nearly resemles su!h amark as to e likely to de!eive or
!ause !onfusion%
#e$ Is identi!al with, or !onfusingly
similar to, or !onstitutes a translation of
a mark whi!h is !onsidered y the
!ometent authority of the Philiines
to e well-known internationally and in
the Philiines, whether or not it is
registered here, as eing already the
mark of a erson other than theali!ant for registration, and used for
identi!al or similar goods or servi!es:
Provided, hat in determining whether a
mark is well-known, a!!ount shall e
taken of the knowledge of the relevant
se!tor of the uli!, rather than of the
uli! at large, in!luding knowledge in
the Philiines whi!h has een otained
as a result of the romotion of the
mark%
#f$ Is identi!al with, or !onfusingly
similar to, or !onstitutes a translation of
a mark !onsidered well-known in
a!!ordan!e with the re!eding
aragrah, whi!h is registered in the
Philiines with rese!t to goods or
servi!es whi!h are not similar to those
with rese!t to whi!h registration is
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alied for: Provided, hat use of the
mark in relation to those goods or
servi!es would indi!ate a !onne!tion
etween those goods or servi!es, and
the owner of the registered mark:
Provided further, hat the interests of
the owner of the registered mark are
likely to e damaged y su!h use%
#g$ Is likely to mislead the uli!,
arti!ularly as to the nature, uality,
!hara!teristi!s or geograhi!al origin of
the goods or servi!es%
#h$ onsists e3!lusively of signs that are
generi! for the goods or servi!es that
they seek to identify%
#i$ onsists e3!lusively of signs or of
indi!ations that have e!ome!ustomary or usual to designate the
goods or servi!es in everyday language
or in ona 4de and estalished trade
ra!ti!e%
#5$ onsists e3!lusively of signs or of
indi!ations that may serve in trade to
designate the kind, uality, uantity,
intended urose, value, geograhi!al
origin, time or rodu!tion of the goods
or rendering of the servi!es, or other!hara!teristi!s of the goods or servi!es%
#k$ onsists of shaes that may e
ne!essitated y te!hni!al fa!tors or y
the nature of the goods themselves or
fa!tors that ae!t their intrinsi! value%
#l$ onsists of !olor alone, unless
de4ned y a given form% or
#m$ Is !ontrary to uli! order ormorality.
12'.2. As regards signs or devi!es mentioned
in aragrahs #5$, #k$, and #l$, nothing shall
revent the registration of any su!h sign or
devi!e whi!h has e!ome distin!tive in
relation to the goods for whi!h registration is
reuested as a result of the use that have
een made of it in !ommer!e in the
Philiines. he 67!e may a!!et as rima
fa!ie eviden!e that the mark has e!ome
distin!tive, as used in !onne!tion with the
ali!ant8s goods or servi!es in !ommer!e,
roof of sustantially e3!lusive and !ontinuous
use thereof y the ali!ant in !ommer!e in
the Philiines for 4ve #9$ years efore the
date on whi!h the !laim of distin!tiveness ismade.
12'.'. he nature of the goods to whi!h the
mark is alied will not !onstitute an osta!le
to registration. #&e!. /, ).A. *o. 1++a$
Section 145. Duration. - A !erti4!ate of
registration shall remain in for!e for ten #10$
years: Provided, hat the registrant shall 4le a
de!laration of a!tual use and eviden!e to that
ee!t, or shall show valid reasons ased onthe e3isten!e of osta!les to su!h use, as
res!ried y the )egulations, within one #1$
year from the 4fth anniversary of the date of
the registration of the mark. 6therwise, the
mark shall e removed from the )egister y
the 67!e. #&e!. 12, ).A. *o. 1++a$
ection 14. Rights Conerred. - 1/.1. he
owner of a registered mark shall have the
e3!lusive right to revent all third arties not
having the owner8s !onsent from using in the
!ourse of trade identi!al or similar signs or
!ontainers for goods or servi!es whi!h are
identi!al or similar to those in rese!t of whi!h
the trademark is registered where su!h use
would result in a likelihood of !onfusion. In
!ase of the use of an identi!al sign for
identi!al goods or servi!es, a likelihood of
!onfusion shall e resumed.
1/.2. he e3!lusive right of the owner of a
well-known mark de4ned in &use!tion
12'.1#e$ whi!h is registered in the Philiines,
shall e3tend to goods and servi!es whi!h are
not similar to those in rese!t of whi!h the
mark is registered: Provided, hat use of that
mark in relation to those goods or servi!es
would indi!ate a !onne!tion etween those
goods or servi!es and the owner of the
registered mark: Provided further, hat the
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interests of the owner of the registered mark
are likely to e damaged y su!h use. #n$
Section 14!. Use o Indications by Third
arties or ur!oses "ther than those or
which the Mark is Used. - )egistration of the
mark shall not !onfer on the registered owner
the right to re!lude third arties from using
ona 4de their names, addresses,seudonyms, a geograhi!al name, or e3a!t
indi!ations !on!erning the kind, uality,
uantity, destination, value, la!e of origin, or
time of rodu!tion or of suly, of their goods
or servi!es: Provided, hat su!h use is
!on4ned to the uroses of mere identi4!ation
or information and !annot mislead the uli!
as to the sour!e of the goods or servi!es. #n$
Section 155. Re#edies$ Inringe#ent . - Any
erson who shall, without the !onsent of theowner of the registered mark:
199.1. ;se in !ommer!e any rerodu!tion,
!ounterfeit, !oy, or !olorale imitation of a
registered mark or the same !ontainer or a
dominant feature thereof in !onne!tion with
the sale, oering for sale, distriution,
advertising of any goods or servi!es in!luding
other rearatory stes ne!essary to !arry out
the sale of any goods or servi!es on or in
!onne!tion with whi!h su!h use is likely to!ause !onfusion, or to !ause mistake, or to
de!eive% or
199.2. )erodu!e, !ounterfeit, !oy or
!oloraly imitate a registered mark or a
dominant feature thereof and aly su!h
rerodu!tion, !ounterfeit, !oy or !olorale
imitation to laels, signs, rints, a!kages,
wraers, re!eta!les or advertisements
intended to e used in !ommer!e uon or in
!onne!tion with the sale, oering for sale,distriution, or advertising of goods or
servi!es on or in !onne!tion with whi!h su!h
use is likely to !ause !onfusion, or to !ause
mistake, or to de!eive, shall e liale in a !ivil
a!tion for infringement y the registrant for
the remedies hereinafter set forth: Provided,
hat the infringement takes la!e at the
moment any of the a!ts stated in &use!tion
199.1 or this suse!tion are !ommitted
regardless of whether there is a!tual sale of
goods or servi!es using the infringing
material. #&e!. 22, ).A. *o 1++a$
Section 15". Actions% and Da#ages and
In&unction or Inringe#ent . - 19+.1. he owner
of a registered mark may re!over damages
from any erson who infringes his rights, andthe measure of the damages suered shall e
either the reasonale ro4t whi!h the
!omlaining arty would have made, had the
defendant not infringed his rights, or the ro4t
whi!h the defendant a!tually made out of the
infringement, or in the event su!h measure of
damages !annot e readily as!ertained with
reasonale !ertainty, then the !ourt may
award as damages a reasonale er!entage
ased uon the amount of gross sales of the
defendant or the value of the servi!es in!onne!tion with whi!h the mark or trade name
was used in the infringement of the rights of
the !omlaining arty. #&e!. 2', 4rst ar., ).A.
*o. 1++a$
19+.2. 6n ali!ation of the !omlainant, the
!ourt may imound during the enden!y of
the a!tion, sales invoi!es and other
do!uments eviden!ing sales. #n$
19+.'. In !ases where a!tual intent to misleadthe uli! or to defraud the !omlainant is
shown, in the dis!retion of the !ourt, the
damages may e douled. #&e!. 2', 4rst ar.,
).A. *o. 1++$
19+./. he !omlainant, uon roer showing,
may also e granted in5un!tion. #&e!. 2',
se!ond ar., ).A. *o. 1++a$
Section 15. ower o Court to "rder
Inringing Material Destroyed. - 19.1 In anya!tion arising under this A!t, in whi!h a
violation of any right of the owner of the
registered mark is estalished, the !ourt may
order that goods found to e infringing e,
without !omensation of any sort, disosed of
outside the !hannels of !ommer!e in su!h a
manner as to avoid any harm !aused to the
right holder, or destroyed% and all laels,
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signs, rints, a!kages, wraers, re!eta!les
and advertisements in the ossession of the
defendant, earing the registered mark or
trade name or any rerodu!tion, !ounterfeit,
!oy or !olorale imitation thereof, all lates,
molds, matri!es and other means of making
the same, shall e delivered u and
destroyed.
19.2. In regard to !ounterfeit goods, the
simle removal of the trademark a73ed shall
not e su7!ient other than in e3!etional
!ases whi!h shall e determined y the
)egulations, to ermit the release of the
goods into the !hannels of !ommer!e. #&e!.
2/, ).A. *o. 1++a$
Section 15!. Da#ages$ Require#ent o
'otice. - In any suit for infringement, the
owner of the registered mark shall not eentitled to re!over ro4ts or damages unless
the a!ts have een !ommitted with knowledge
that su!h imitation is likely to !ause !onfusion,
or to !ause mistake, or to de!eive. &u!h
knowledge is resumed if the registrant gives
noti!e that his mark is registered y dislaying
with the mark the words 8")egistered Mark" or
the letter ) within a !ir!le or if the defendant
had otherwise a!tual noti!e of the registration.
#&e!. 21, ).A. *o. 1++a$
Section 1"#. Right o (oreign Cor!oration to
)ue in Trade#ark or )er*ice Mark
+norce#ent Action. - Any foreign national or
5uridi!al erson who meets the reuirements
of &e!tion ' of this A!t and does not engage in
usiness in the Philiines may ring a !ivil or
administrative a!tion hereunder for
oosition, !an!ellation, infringement, unfair
!ometition, or false designation of origin and
false des!rition, whether or not it is li!ensed
to do usiness in the Philiines undere3isting laws. #&e!. 21-A, ).A. *o. 1++a$
ection 1"5. Trade 'a#es or ,usiness 'a#es.
- 1+9.1. A name or designation may not e
used as a trade name if y its nature or the
use to whi!h su!h name or designation may
e ut, it is !ontrary to uli! order or morals
and if, in arti!ular, it is liale to de!eive trade
!ir!les or the uli! as to the nature of the
enterrise identi4ed y that name.
1+9.2.#a$ *otwithstanding any laws or
regulations roviding for any oligation to
register trade names, su!h names shall e
rote!ted, even rior to or without
registration, against any unlawful a!t!ommitted y third arties.
#$ In arti!ular, any suseuent use of
the trade name y a third arty,
whether as a trade name or a mark or
!olle!tive mark, or any su!h use of a
similar trade name or mark, likely to
mislead the uli!, shall e deemed
unlawful.
1+9.'. he remedies rovided for in &e!tions19' to 19+ and &e!tions 1++ and 1+ shall
aly mutatis mutandis.
1+9./. Any !hange in the ownershi of a trade
name shall e made with the transfer of the
enterrise or art thereof identi4ed y that
name. he rovisions of &use!tions 1/<.2 to
1/<./ shall aly mutatis mutandis.
of the uli! the goods he manufa!tures or
deals in, his usiness or servi!es from those ofothers, whether or not a registered mark is
emloyed, has a roerty right in the goodwill
of the said goods, usiness or servi!es so
identi4ed, whi!h will e rote!ted in the same
manner as other roerty rights.
1+(.2. Any erson who shall emloy de!etion
or any other means !ontrary to good faith y
whi!h he shall ass o the goods
manufa!tured y him or in whi!h he deals, or
his usiness, or servi!es for those of the onehaving estalished su!h goodwill, or who shall
!ommit any a!ts !al!ulated to rodu!e said
result, shall e guilty of unfair !ometition,
and shall e su5e!t to an a!tion therefor.
1+(.'. In arti!ular, and without in any way
limiting the s!oe of rote!tion against unfair
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!ometition, the following shall e deemed
guilty of unfair !ometition:
#a$ Any erson, who is selling his goods
and gives them the general aearan!e
of goods of another manufa!turer or
dealer, either as to the goods
themselves or in the wraing of the
a!kages in whi!h they are !ontained,or the devi!es or words thereon, or in
any other feature of their aearan!e,
whi!h would e likely to inuen!e
ur!hasers to elieve that the goods
oered are those of a manufa!turer or
dealer, other than the a!tual
manufa!turer or dealer, or who
otherwise !lothes the goods with su!h
aearan!e as shall de!eive the uli!
and defraud another of his legitimate
trade, or any suseuent vendor ofsu!h goods or any agent of any vendor
engaged in selling su!h goods with a
like urose%
#$ Any erson who y any arti4!e, or
devi!e, or who emloys any other
means !al!ulated to indu!e the false
elief that su!h erson is oering the
servi!es of another who has identi4ed
su!h servi!es in the mind of the uli!%
or
#!$ Any erson who shall make any false
statement in the !ourse of trade or who
shall !ommit any other a!t !ontrary to
good faith of a nature !al!ulated to
dis!redit the goods, usiness or
servi!es of another.
1+(./. he remedies rovided y &e!tions
19+, 19 and 1+1 shall aly mutatis
mutandis. #&e!. 2<, ).A. *o. 1++a$
Section 1"$. (alse Designations o "rigin$
(alse Descri!tion or Re!resentation. - 1+<.1.
Any erson who, on or in !onne!tion with any
goods or servi!es, or any !ontainer for goods,
uses in !ommer!e any word, term, name,
symol, or devi!e, or any !omination thereof,
or any false designation of origin, false or
misleading des!rition of fa!t, or false or
misleading reresentation of fa!t, whi!h:
#a$ Is likely to !ause !onfusion, or to
!ause mistake, or to de!eive as to the
a7liation, !onne!tion, or asso!iation of
su!h erson with another erson, or as
to the origin, sonsorshi, or aroval
of his or her goods, servi!es, or!ommer!ial a!tivities y another
erson% or
#$ In !ommer!ial advertising or
romotion, misreresents the nature,
!hara!teristi!s, ualities, or geograhi!
origin of his or her or another erson8s
goods, servi!es, or !ommer!ial
a!tivities, shall e liale to a !ivil a!tion
for damages and in5un!tion rovided in
&e!tions 19+ and 19 of this A!t y anyerson who elieves that he or she is or
is likely to e damaged y su!h a!t.
1+<.2. Any goods marked or laelled in
!ontravention of the rovisions of this &e!tion
shall not e imorted into the Philiines or
admitted entry at any !ustomhouse of the
Philiines. he owner, imorter, or !onsignee
of goods refused entry at any !ustomhouse
under this se!tion may have any re!ourse
under the !ustoms revenue laws or may havethe remedy given y this A!t in !ases
involving goods refused entry or sei=ed. #&e!.
'0, ).A. *o. 1++a$
Section 1#. enalties. - Indeendent of the
!ivil and administrative san!tions imosed y
law, a !riminal enalty of imrisonment from
two #2$ years to 4ve #9$ years and a 4ne
ranging from >ifty thousand esos #P90,000$
to wo hundred thousand esos#P200,000$,
shall e imosed on any erson who is foundguilty of !ommitting any of the a!ts
mentioned in &e!tion 199, &e!tion 1+( and
&use!tion 1+<.1. #Arts. 1(( and 1(<, )evised
Penal ode$
E LAW ON COP%RI&HT
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CHAPTER I
PRELIMINAR% PROVISIONS
Section 11. Defnitions. - >or the urose of
this A!t, the following terms have the
following meaning:
11.1. "Author" is the natural erson who has
!reated the work%
11.2. A "!olle!tive work" is a work whi!h has
een !reated y two #2$ or more natural
ersons at the initiative and under the
dire!tion of another with the understanding
that it will e dis!losed y the latter under his
own name and that !ontriuting natural
ersons will not e identi4ed%
11.'. "ommuni!ation to the uli!" or
"!ommuni!ate to the uli!" means themaking of a work availale to the uli! y
wire or wireless means in su!h a way that
memers of the uli! may a!!ess these
works from a la!e and time individually
!hosen y them%
11./. A "!omuter" is an ele!troni! or similar
devi!e having information-ro!essing
!aailities, and a "!omuter rogram" is a
set of instru!tions e3ressed in words, !odes,
s!hemes or in any other form, whi!h is!aale when in!ororated in a medium that
the !omuter !an read, of !ausing the
!omuter to erform or a!hieve a arti!ular
task or result%
11.9. "Puli! lending" is the transfer of
ossession of the original or a !oy of a work
or sound re!ording for a limited eriod, for
non-ro4t uroses, y an institution the
servi!es of whi!h are availale to the uli!,
su!h as uli! lirary or ar!hive%
11.+. "Puli! erforman!e", in the !ase of a
work other than an audiovisual work, is the
re!itation, laying, dan!ing, a!ting or
otherwise erforming the work, either dire!tly
or y means of any devi!e or ro!ess% in the
!ase of an audiovisual work, the showing of its
images in seuen!e and the making of the
sounds a!!omanying it audile% and, in the
!ase of a sound re!ording, making the
re!orded sounds audile at a la!e or at
la!es where ersons outside the normal
!ir!le of a family and that family8s !losest
so!ial a!uaintan!es are or !an e resent,
irrese!tive of whether they are or !an e
resent at the same la!e and at the same
time, or at dierent la!es and?or at dierenttimes, and where the erforman!e !an e
er!eived without the need for !ommuni!ation
within the meaning of &use!tion 11.'%
11.. "Pulished works" means works, whi!h,
with the !onsent of the authors, are made
availale to the uli! y wire or wireless
means in su!h a way that memers of the
uli! may a!!ess these works from a la!e
and time individually !hosen y them:
Provided, hat availaility of su!h !oies haseen su!h, as to satisfy the reasonale
reuirements of the uli!, having regard to
the nature of the work%
11.(. ")ental" is the transfer of the
ossession of the original or a !oy of a work
or a sound re!ording for a limited eriod of
time, for ro4t-making uroses%
11.<. ")erodu!tion" is the making of one #1$
or more !oies of a work or a sound re!ordingin any manner or form #&e!. /1 #@$, P.. *o. /<
a$%
11.10. A "work of alied art" is an artisti!
!reation with utilitarian fun!tions or
in!ororated in a useful arti!le, whether made
y hand or rodu!ed on an industrial s!ale%
11.11. A "work of the Bovernment of the
Philiines" is a work !reated y an o7!er or
emloyee of the Philiine Bovernment or anyof its sudivisions and instrumentalities,
in!luding government-owned or !ontrolled
!ororations as a art of his regularly
res!ried o7!ial duties.
CHAPTER II
ORI&INAL WORKS
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Section 12. -iterary and Artistic .orks. -
12.1. Citerary and artisti! works, hereinafter
referred to as "works", are original intelle!tual
!reations in the literary and artisti! domain
rote!ted from the moment of their !reation
and shall in!lude in arti!ular:
#a$ Dooks, amhlets, arti!les and other
writings%
#$ Periodi!als and newsaers%
#!$ Ce!tures, sermons, addresses,
dissertations reared for oral delivery,
whether or not redu!ed in writing or
other material form%
#d$ Cetters%
#e$ ramati! or dramati!o-musi!al!omositions% !horeograhi! works or
entertainment in dum shows%
#f$ Musi!al !omositions, with or
without words%
#g$ Eorks of drawing, ainting,
ar!hite!ture, s!ulture, engraving,
lithograhy or other works of art%
models or designs for works of art%
#h$ 6riginal ornamental designs or
models for arti!les of manufa!ture,
whether or not registrale as an
industrial design, and other works of
alied art%
#i$ Illustrations, mas, lans, sket!hes,
!harts and three-dimensional works
relative to geograhy, toograhy,
ar!hite!ture or s!ien!e%
#5$ rawings or lasti! works of a
s!ienti4! or te!hni!al !hara!ter%
#k$ Photograhi! works in!luding works
rodu!ed y a ro!ess analogous to
hotograhy% lantern slides%
#l$ Audiovisual works and
!inematograhi! works and works
rodu!ed y a ro!ess analogous to
!inematograhy or any ro!ess for
making audio-visual re!ordings%
#m$ Pi!torial illustrations and
advertisements%
#n$ omuter rograms% and
#o$ 6ther literary, s!holarly, s!ienti4!
and artisti! works.
12.2. Eorks are rote!ted y the sole fa!t of
their !reation, irrese!tive of their mode or
form of e3ression, as well as of their !ontent,
uality and urose. #&e!. 2, P.. *o. /<a$
CHAPTER IIIDERIVATIVE WORKS
Section 13. Deri*ati*e .orks. - 1'.1. he
following derivative works shall also e
rote!ted y !oyright:
#a$ ramati=ations, translations,
adatations, aridgments,
arrangements, and other alterations of
literary or artisti! works% and
#$ olle!tions of literary, s!holarly or
artisti! works, and !omilations of data
and other materials whi!h are original
y reason of the sele!tion or
!oordination or arrangement of their
!ontents. #&e!. 2, FPG and FHG, P.. *o.
/<$
1'.2. he works referred to in aragrahs #a$
and #$ of &use!tion 1'.1 shall e rote!ted
as new works: Provided however, hat su!hnew work shall not ae!t the for!e of any
susisting !oyright uon the original works
emloyed or any art thereof, or e !onstrued
to imly any right to su!h use of the original
works, or to se!ure or e3tend !oyright in
su!h original works. #&e!. (, P.. /<% Art. 10,
)IP&$
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Section 14. ublished +dition o .ork . - In
addition to the right to ulish granted y the
author, his heirs, or assigns, the ulisher
shall have a !oyright !onsisting merely of the
right of rerodu!tion of the tyograhi!al
arrangement of the ulished edition of the
work. #n$
CHAPTER IVWORKS NOT PROTECTED
Section 15. Un!rotected )ub&ect Matter . -
*otwithstanding the rovisions of &e!tions
12 and 1', no rote!tion shall e3tend,
under this law, to any idea, ro!edure,
system, method or oeration, !on!et,
rin!ile, dis!overy or mere data as su!h,
even if they are e3ressed, e3lained,
illustrated or emodied in a work% news of the
day and other mis!ellaneous fa!ts having the!hara!ter of mere items of ress information%
or any o7!ial te3t of a legislative,
administrative or legal nature, as well as any
o7!ial translation thereof #n$
Section 1". .orks o the /o*ern#ent . -
1+.1. *o !oyright shall susist in any work
of the Bovernment of the Philiines.
owever, rior aroval of the government
agen!y or o7!e wherein the work is !reated
shall e ne!essary for e3loitation of su!hwork for ro4t. &u!h agen!y or o7!e may,
among other things, imose as a !ondition the
ayment of royalties. *o rior aroval or
!onditions shall e reuired for the use of any
urose of statutes, rules and regulations, and
see!hes, le!tures, sermons, addresses, and
dissertations, ronoun!ed, read or rendered in
!ourts of 5usti!e, efore administrative
agen!ies, in delierative assemlies and in
meetings of uli! !hara!ter. #&e!. <, 4rst ar.,
P.. *o. /<$
1+.2. he author of see!hes, le!tures,
sermons, addresses, and dissertations
mentioned in the re!eding aragrahs shall
have the e3!lusive right of making a !olle!tion
of his works. #n$
1+.'. *otwithstanding the foregoing
rovisions, the Bovernment is not re!luded
from re!eiving and holding !oyrights
transferred to it y assignment, euest or
otherwise% nor shall uli!ation or
reuli!ation y the Bovernment in a uli!
do!ument of any work in whi!h !oyright is
susisting e taken to !ause any aridgment
or annulment of the !oyright or to authori=eany use or aroriation of su!h work without
the !onsent of the !oyright owner. #&e!. <,
third ar., P.. *o. /<$
CHAPTER V
COP%RI&HT OR ECONOMIC RI&HTS
Section 1. Co!yright or +cono#ic Rights. -
&u5e!t to the rovisions of hater JIII,
!oyright or e!onomi! rights shall !onsist of
the e3!lusive right to !arry out, authori=e orrevent the following a!ts:
1.1. )erodu!tion of the work or sustantial
ortion of the work%
1.2. ramati=ation, translation, adatation,
aridgment, arrangement or other
transformation of the work%
1.'. he 4rst uli! distriution of the
original and ea!h !oy of the work y sale orother forms of transfer of ownershi%
1./. )ental of the original or a !oy of an
audiovisual or !inematograhi! work, a work
emodied in a sound re!ording, a !omuter
rogram, a !omilation of data and other
materials or a musi!al work in grahi! form,
irrese!tive of the ownershi of the original or
the !oy whi!h is the su5e!t of the rental% #n$
1.9. Puli! dislay of the original or a !oyof the work%
1.+. Puli! erforman!e of the work% and
1.. 6ther !ommuni!ation to the uli! of
the work. #&e!. 9, P. . *o. /<a$
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CHAPTER VI
OWNERSHIP O' COP%RI&HT
Section 1!. Rules on Co!yright "wnershi!. -
oyright ownershi shall e governed y the
following rules:
1(.1 &u5e!t to the rovisions of this se!tion,
in the !ase of original literary and artisti!works, !oyright shall elong to the author of
the work%
1(.2. In the !ase of works of 5oint authorshi,
the !o-authors shall e the original owners of
the !oyright and in the asen!e of
agreement, their rights shall e governed y
the rules on !o-ownershi. If, however, a work
of 5oint authorshi !onsists of arts that !an
e used searately and the author of ea!h
art !an e identi4ed, the author of ea!h artshall e the original owner of the !oyright in
the art that he has !reated%
1(.'. In the !ase of work !reated y an
author during and in the !ourse of his
emloyment, the !oyright shall elong to:
#a$ he emloyee, if the !reation of the
o5e!t of !oyright is not a art of his
regular duties even if the emloyee
uses the time, fa!ilities and materials of the emloyer.
#$ he emloyer, if the work is the
result of the erforman!e of his
regularly-assigned duties, unless there
is an agreement, e3ress or imlied, to
the !ontrary.
1(./. In the !ase of a work !ommissioned y
a erson other than an emloyer of the author
and who ays for it and the work is made inursuan!e of the !ommission, the erson who
so !ommissioned the work shall have
ownershi of the work, ut the !oyright
thereto shall remain with the !reator, unless
there is a written stiulation to the !ontrary%
1(.9. In the !ase of audiovisual work, the
!oyright shall elong to the rodu!er, the
author of the s!enario, the !omoser of the
musi!, the 4lm dire!tor, and the author of the
work so adated. owever, su5e!t to !ontrary
or other stiulations among the !reators, the
rodu!er shall e3er!ise the !oyright to an
e3tent reuired for the e3hiition of the work
in any manner, e3!et for the right to !olle!t
erforming li!ense fees for the erforman!e of
musi!al !omositions, with or without words,whi!h are in!ororated into the work% and
1(.+. In rese!t of letters, the !oyright shall
elong to the writer su5e!t to the rovisions
of Arti!le 2' of the ivil ode. #&e!. +, P..
*o. /<a$
Section 1$. Anony#ous and seudony#ous
.orks. - >or uroses of this A!t, the
ulishers shall e deemed to reresent the
authors of arti!les and other writingsulished without the names of the authors or
under seudonyms, unless the !ontrary
aears, or the seudonyms or adoted name
leaves no dout as to the author8s identity, or
if the author of the anonymous works
dis!loses his identity. #&e!. , P.. /<$
CHAPTER VIII
LIMITATIONS ON COP%RI&HT
Section 1!4. -i#itations on Co!yright . -1(/.1. *otwithstanding the rovisions of
hater J, the following a!ts shall not
!onstitute infringement of !oyright:
#a$ he re!itation or erforman!e of a
work, on!e it has een lawfully made
a!!essile to the uli!, if done
rivately and free of !harge or if made
stri!tly for a !haritale or religious
institution or so!iety% #&e!. 10#1$, P..
*o. /<$
#$ he making of uotations from a
ulished work if they are !omatile
with fair use and only to the e3tent
5usti4ed for the urose, in!luding
uotations from newsaer arti!les and
eriodi!als in the form of ress
summaries: Provided, hat the sour!e
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and the name of the author, if
aearing on the work, are mentioned%
#&e!. 11, third ar., P.. *o. /<$
#!$ he rerodu!tion or !ommuni!ation
to the uli! y mass media of arti!les
on !urrent oliti!al, so!ial, e!onomi!,
s!ienti4! or religious toi!, le!tures,
addresses and other works of the samenature, whi!h are delivered in uli! if
su!h use is for information uroses
and has not een e3ressly reserved:
Provided, hat the sour!e is !learly
indi!ated% #&e!. 11, P.. *o. /<$
#d$ he rerodu!tion and
!ommuni!ation to the uli! of literary,
s!ienti4! or artisti! works as art of
reorts of !urrent events y means of
hotograhy, !inematograhy orroad!asting to the e3tent ne!essary
for the urose% #&e!. 12, P.. *o. /<$
#e$ he in!lusion of a work in a
uli!ation, road!ast, or other
!ommuni!ation to the uli!, sound
re!ording or 4lm, if su!h in!lusion is
made y way of illustration for tea!hing
uroses and is !omatile with fair
use: Provided, hat the sour!e and of
the name of the author, if aearing inthe work, are mentioned%
#f$ he re!ording made in s!hools,
universities, or edu!ational institutions
of a work in!luded in a road!ast for
the use of su!h s!hools, universities or
edu!ational institutions: Provided, hat
su!h re!ording must e deleted within a
reasonale eriod after they were 4rst
road!ast: Provided, further, hat su!h
re!ording may not e made fromaudiovisual works whi!h are art of the
general !inema reertoire of feature
4lms e3!et for rief e3!erts of the
work%
#g$ he making of ehemeral re!ordings
y a road!asting organi=ation y
means of its own fa!ilities and for use in
its own road!ast%
#h$ he use made of a work y or under
the dire!tion or !ontrol of the
Bovernment, y the *ational Cirary or
y edu!ational, s!ienti4! or rofessiona
institutions where su!h use is in the
uli! interest and is !omatile withfair use%
#i$ he uli! erforman!e or the
!ommuni!ation to the uli! of a work,
in a la!e where no admission fee is
!harged in rese!t of su!h uli!
erforman!e or !ommuni!ation, y a
!lu or institution for !haritale or
edu!ational urose only, whose aim is
not ro4t making, su5e!t to su!h other
limitations as may e rovided in the)egulations% #n$
#5$ Puli! dislay of the original or a
!oy of the work not made y means of
a 4lm, slide, television image or
otherwise on s!reen or y means of any
other devi!e or ro!ess: Provided, hat
either the work has een ulished, or,
that the original or the !oy dislayed
has een sold, given away or otherwise
transferred to another erson y theauthor or his su!!essor in title% and
#k$ Any use made of a work for the
urose of any 5udi!ial ro!eedings or
for the giving of rofessional advi!e y
a legal ra!titioner.
1(/.2. he rovisions of this se!tion shall e
interreted in su!h a way as to allow the work
to e used in a manner whi!h does not !oni!t
with the normal e3loitation of the work anddoes not unreasonaly re5udi!e the right
holder8s legitimate interests.
Section 1!5. (air Use o a Co!yrighted .ork .
- 1(9.1. he fair use of a !oyrighted work for
!riti!ism, !omment, news reorting, tea!hing
in!luding multile !oies for !lassroom use,
s!holarshi, resear!h, and similar uroses is
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not an infringement of !oyright.
e!omilation, whi!h is understood here to e
the rerodu!tion of the !ode and translation of
the forms of the !omuter rogram to a!hieve
the inter-oeraility of an indeendently
!reated !omuter rogram with other
rograms may also !onstitute fair use. In
determining whether the use made of a work
in any arti!ular !ase is fair use, the fa!tors toe !onsidered shall in!lude:
#a$ he urose and !hara!ter of the
use, in!luding whether su!h use is of a
!ommer!ial nature or is for non-ro4t
edu!ational uroses%
#$ he nature of the !oyrighted work%
#!$ he amount and sustantiality of the
ortion used in relation to the!oyrighted work as a whole% and
#d$ he ee!t of the use uon the
otential market for or value of the
!oyrighted work.
1(9.2. he fa!t that a work is unulished
shall not y itself ar a 4nding of fair use if
su!h 4nding is made uon !onsideration of all
the aove fa!tors.
Section 1!". .ork o Architecture. -
oyright in a work of ar!hite!ture shall
in!lude the right to !ontrol the ere!tion of any
uilding whi!h rerodu!es the whole or a
sustantial art of the work either in its
original form or in any form re!ogni=aly
derived from the original: Provided, hat the
!oyright in any su!h work shall not in!lude
the right to !ontrol the re!onstru!tion or
rehailitation in the same style as the original
of a uilding to whi!h that !oyright relates.#n$
Section 1!. Re!roduction o ublished
.ork . - 1(.1. *otwithstanding the rovision
of &e!tion 1, and su5e!t to the rovisions
of &use!tion 1(.2, the rivate rerodu!tion
of a ulished work in a single !oy, where
the rerodu!tion is made y a natural erson
e3!lusively for resear!h and rivate study,
shall e ermitted, without the authori=ation
of the owner of !oyright in the work.
1(.2. he ermission granted under
&use!tion 1(.1 shall not e3tend to the
rerodu!tion of:
#a$ A work of ar!hite!ture in the form ofuilding or other !onstru!tion%
#$ An entire ook, or a sustantial art
thereof, or of a musi!al work in grahi!
form y rerograhi! means%
#!$ A !omilation of data and other
materials%
#d$ A !omuter rogram e3!et as
rovided in &e!tion 1(<% and
#e$ Any work in !ases where
rerodu!tion would unreasonaly
!oni!t with a normal e3loitation of
the work or would otherwise
unreasonaly re5udi!e the legitimate
interests of the author. #n$
Section 1!!. Re!rogra!hic Re!roduction by
-ibraries. - 1((.1. *otwithstanding the
rovisions of &use!tion 1.+, any lirary orar!hive whose a!tivities are not for ro4t may,
without the authori=ation of the author of
!oyright owner, make a single !oy of the
work y rerograhi! rerodu!tion:
#a$ Ehere the work y reason of its
fragile !hara!ter or rarity !annot e lent
to user in its original form%
#$ Ehere the works are isolated
arti!les !ontained in !omosite works orrief ortions of other ulished works
and the rerodu!tion is ne!essary to
suly them, when this is !onsidered
e3edient, to ersons reuesting their
loan for uroses of resear!h or study
instead of lending the volumes or
ooklets whi!h !ontain them% and
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#!$ Ehere the making of su!h a !oy is
in order to reserve and, if ne!essary in
the event that it is lost, destroyed or
rendered unusale, rela!e a !oy, or
to rela!e, in the ermanent !olle!tion
of another similar lirary or ar!hive, a
!oy whi!h has een lost, destroyed or
rendered unusale and !oies are not
availale with the ulisher.
1((.2. *otwithstanding the aove rovisions,
it shall not e ermissile to rodu!e a
volume of a work ulished in several
volumes or to rodu!e missing tomes or ages
of maga=ines or similar works, unless the
volume, tome or art is out of sto!k: Provided,
hat every lirary whi!h, y law, is entitled to
re!eive !oies of a rinted work, shall e
entitled, when se!ial reasons so reuire, to
rerodu!e a !oy of a ulished work whi!h is!onsidered ne!essary for the !olle!tion of the
lirary ut whi!h is out of sto!k. #&e!. 1', P..
/<a$
Section 1!$. Re!roduction o Co#!uter
rogra#. - 1(<.1. *otwithstanding the
rovisions of &e!tion 1, the rerodu!tion in
one #1$ a!k-u !oy or adatation of a
!omuter rogram shall e ermitted, without
the authori=ation of the author of, or other
owner of !oyright in, a !omuter rogram, ythe lawful owner of that !omuter rogram:
Provided, hat the !oy or adatation is
ne!essary for:
#a$ he use of the !omuter rogram in
!on5un!tion with a !omuter for the
urose, and to the e3tent, for whi!h
the !omuter rogram has een
otained% and
#$ Ar!hival uroses, and, for therela!ement of the lawfully owned !oy
of the !omuter rogram in the event
that the lawfully otained !oy of the
!omuter rogram is lost, destroyed or
rendered unusale.
1(<.2. *o !oy or adatation mentioned in
this &e!tion shall e used for any urose
other than the ones determined in this
&e!tion, and any su!h !oy or adatation shall
e destroyed in the event that !ontinued
ossession of the !oy of the !omuter
rogram !eases to e lawful.
1(<.'. his rovision shall e without
re5udi!e to the ali!ation of &e!tion 1(9
whenever aroriate. #n$
Section 1$#. I#!ortation or ersonal
ur!oses. - 1<0.1. *otwithstanding the
rovision of &use!tion 1.+, ut su5e!t to
the limitation under the &use!tion 1(9.2, the
imortation of a !oy of a work y an
individual for his ersonal uroses shall e
ermitted without the authori=ation of the
author of, or other owner of !oyright in, the
work under the following !ir!umstan!es:
#a$ Ehen !oies of the work are not
availale in the Philiines and:
#i$ *ot more than one #1$ !oy at
one time is imorted for stri!tly
individual use only% or
#ii$ he imortation is y
authority of and for the use of
the Philiine Bovernment% or
#iii$ he imortation, !onsisting of
not more than three #'$ su!h
!oies or likenesses in any one
invoi!e, is not for sale ut for the
use only of any religious,
!haritale, or edu!ational so!iety
or institution duly in!ororated or
registered, or is for the
en!ouragement of the 4ne arts,
or for any state s!hool, !ollege,
university, or free uli! lirary inthe Philiines.
#$ Ehen su!h !oies form arts of
liraries and ersonal aggage
elonging to ersons or families arriving
from foreign !ountries and are not
intended for sale: Provided, hat su!h
!oies do not e3!eed three #'$.
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1<0.2. oies imorted as allowed y this
&e!tion may not lawfully e used in any way
to violate the rights of owner the !oyright or
annul or limit the rote!tion se!ured y this
A!t, and su!h unlawful use shall e deemed
an infringement and shall e unishale as
su!h without re5udi!e to the rorietor8s right
of a!tion.
1<0.'. &u5e!t to the aroval of the
&e!retary of >inan!e, the ommissioner of
ustoms is herey emowered to make rules
and regulations for reventing the imortation
of arti!les the imortation of whi!h is
rohiited under this &e!tion and under
treaties and !onventions to whi!h the
Philiines may e a arty and for sei=ing and
!ondemning and disosing of the same in
!ase they are dis!overed after they have een
imorted. #&e!. '0, P.. *o. /<$
CHAPTER (
MORAL RI&HTS
Section 1$3. )co!e o Moral Rights. - he
author of a work shall, indeendently of the
e!onomi! rights in &e!tion 1 or the grant of
an assignment or li!ense with rese!t to su!h
right, have the right:
1<'.1. o reuire that the authorshi of theworks e attriuted to him, in arti!ular, the
right that his name, as far as ra!ti!ale, e
indi!ated in a rominent way on the !oies,
and in !onne!tion with the uli! use of his
work%
1<'.2. o make any alterations of his work
rior to, or to withhold it from uli!ation%
1<'.'. o o5e!t to any distortion, mutilation
or other modi4!ation of, or other derogatorya!tion in relation to, his work whi!h would e
re5udi!ial to his honor or reutation% and
1<'./. o restrain the use of his name with
rese!t to any work not of his own !reation or
in a distorted version of his work. #&e!. '/,
P.. *o. /<$
Section 1$4. ,reach o Contract . - An author
!annot e !omelled to erform his !ontra!t
to !reate a work or for the uli!ation of his
work already in e3isten!e. owever, he may
e held liale for damages for rea!h of su!h
!ontra!t. #&e!. '9, P.. *o. /<$
Section 1$5. .ai*er o Moral Rights. - An
author may waive his rights mentioned in&e!tion 1<' y a written instrument, ut no
su!h waiver shall e valid where its ee!ts is
to ermit another:
1<9.1. o use the name of the author, or the
title of his work, or otherwise to make use of
his reutation with rese!t to any version or
adatation of his work whi!h, e!ause of
alterations therein, would sustantially tend to
in5ure the literary or artisti! reutation of
another author% or
1<9.2. o use the name of the author with
rese!t to a work he did not !reate. #&e!. '+,
P.. *o. /<$
Section 1$". Contribution to Collecti*e .ork .
- Ehen an author !ontriutes to a !olle!tive
work, his right to have his !ontriution
attriuted to him is deemed waived unless he
e3ressly reserves it. #&e!. ', P.. *o. /<$
Section 1$. +diting% Arranging and
Ada!tation o .ork . - In the asen!e of a
!ontrary stiulation at the time an author
li!enses or ermits another to use his work,
the ne!essary editing, arranging or adatation
of su!h work, for uli!ation, road!ast, use in
a motion i!ture, dramati=ation, or
me!hani!al or ele!tri!al rerodu!tion in
a!!ordan!e with the reasonale and
!ustomary standards or reuirements of the
medium in whi!h the work is to e used, shallnot e deemed to !ontravene the author8s
rights se!ured y this !hater. *or shall
!omlete destru!tion of a work
un!onditionally transferred y the author e
deemed to violate su!h rights. #&e!. '(, P..
*o. /<$
1'
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Section 1$!. Ter# o Moral Rights. - 1<(.1.
he rights of an author under this !hater
shall last during the lifetime of the author and
for 4fty #90$ years after his death and shall not
e assignale or su5e!t to li!ense. he
erson or ersons to e !harged with the
osthumous enfor!ement of these rights shall
e named in writing to e 4led with the
*ational Cirary. In default of su!h erson orersons, su!h enfor!ement shall devolve uon
either the author8s heirs, and in default of the
heirs, the ire!tor of the *ational Cirary.
1<(.2. >or uroses of this &e!tion, "Person"
shall mean any individual, artnershi,
!ororation, asso!iation, or so!iety. he
ire!tor of the *ational Cirary may res!rie
reasonale fees to e !harged for his servi!es
in the ali!ation of rovisions of this &e!tion.
#&e!. '<, P.. *o. /<$
Section 1$$. +norce#ent Re#edies. -
Jiolation of any of the rights !onferred y this
hater shall entitle those !harged with their
enfor!ement to the same rights and remedies
availale to a !oyright owner. In addition,
damages whi!h may e availed of under the
ivil ode may also e re!overed. Any
damage re!overed after the !reator8s death
shall e held in trust for and remitted to his
heirs, and in default of the heirs, shall elongto the government. #&e!. /0, P *o. /<$
CHAPTER (II
RI&HTS O' PER'ORMERS, PROD)CERS
O' SO)NDS RECORDIN&S AND
*ROADCASTIN& OR&ANI+ATIONS
Section 2#2. Defnitions. - >or the urose of
this A!t, the following terms shall have the
following meanings:
202.1. "Performers" are a!tors, singers,
musi!ians, dan!ers, and other ersons who
a!t, sing, de!laim, lay in, interret, or
otherwise erform literary and artisti! work%
202.2. "&ound re!ording" means the 43ation
of the sounds of a erforman!e or of other
sounds, or reresentation of sound, other than
in the form of a 43ation in!ororated in a
!inematograhi! or other audiovisual work%
202.'. An "audiovisual work or 43ation" is a
work that !onsists of a series of related
images whi!h imart the imression of
motion, with or without a!!omanying sounds,
sus!etile of eing made visile and, where
a!!omanied y sounds, sus!etile of eingmade audile%
202./. ">i3ation" means the emodiment of
sounds, or of the reresentations thereof, from
whi!h they !an e er!eived, rerodu!ed or
!ommuni!ated through a devi!e%
202. 9. "Produ!er of a sound re!ording" means
the erson, or the legal entity, who or whi!h
takes the initiative and has the resonsiility
for the 4rst 43ation of the sounds of aerforman!e or other sounds, or the
reresentation of sounds%
202.+. "Puli!ation of a 43ed erforman!e or a
sound re!ording" means the oering of !oies
of the 43ed erforman!e or the sound
re!ording to the uli!, with the !onsent of
the right holder: Provided, hat !oies are
oered to the uli! in reasonale uality%
202.. "Droad!asting" means the transmissiony wireless means for the uli! re!etion of
sounds or of images or of reresentations
thereof% su!h transmission y satellite is also
"road!asting" where the means for
de!ryting are rovided to the uli! y the
road!asting organi=ation or with its !onsent%
202.(. "Droad!asting organi=ation" shall
in!lude a natural erson or a 5uridi!al entity
duly authori=ed to engage in road!asting%
and
202.< "ommuni!ation to the uli! of a
erforman!e or a sound re!ording" means the
transmission to the uli!, y any medium,
otherwise than y road!asting, of sounds of a
erforman!e or the reresentations of sounds
43ed in a sound re!ording. >or uroses of
&e!tion 20<, "!ommuni!ation to the uli!"
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in!ludes making the sounds or reresentations
of sounds 43ed in a sound re!ording audile to
the uli!.
Section 2#3. )co!e o eror#ers0 Rights. -
&u5e!t to the rovisions of &e!tion 212,
erformers shall en5oy the following e3!lusive
rights:
20'.1. As regards their erforman!es, the
right of authori=ing:
#a$ he road!asting and other
!ommuni!ation to the uli! of their
erforman!e% and
#$ he 43ation of their un43ed
erforman!e.
20'.2. he right of authori=ing the dire!t orindire!t rerodu!tion of their erforman!es
43ed in sound re!ordings, in any manner or
form%
20'.'. &u5e!t to the rovisions of &e!tion
20+, the right of authori=ing the 4rst uli!
distriution of the original and !oies of their
erforman!e 43ed in the sound re!ording
through sale or rental or other forms of
transfer of ownershi%
20'./. he right of authori=ing the !ommer!ial
rental to the uli! of the original and !oies
of their erforman!es 43ed in sound
re!ordings, even after distriution of them y,
or ursuant to the authori=ation y the
erformer% and
20'.9. he right of authori=ing the making
availale to the uli! of their erforman!es
43ed in sound re!ordings, y wire or wireless
means, in su!h a way that memers of theuli! may a!!ess them from a la!e and time
individually !hosen y them. #&e!. /2, P.. *o.
/<a$
Section 2#4. Moral Rights o eror#ers. -
20/.1. Indeendently of a erformer8s
e!onomi! rights, the erformer, shall, as
regards his live aural erforman!es or
erforman!es 43ed in sound re!ordings, have
the right to !laim to e identi4ed as the
erformer of his erforman!es, e3!et where
the omission is di!tated y the manner of the
use of the erforman!e, and to o5e!t to any
distortion, mutilation or other modi4!ation of
his erforman!es that would e re5udi!ial to
his reutation.
20/.2. he rights granted to a erformer in
a!!ordan!e with &use!tion 20'.1 shall e
maintained and e3er!ised 4fty #90$ years after
his death, y his heirs, and in default of heirs,
the government, where rote!tion is !laimed.
#&e!. /', P.. *o. /<$
Section 2#5. -i#itation on Right . - 209.1.
&u5e!t to the rovisions of &e!tion 20+, on!e
the erformer has authori=ed the road!asting
or 43ation of his erforman!e, the rovisionsof &e!tions 20' shall have no further
ali!ation.
209.2. he rovisions of &e!tion 1(/ and
&e!tion 1(9 shall aly mutatis mutandis to
erformers. #n$
Section 2#". Additional Re#uneration or
)ubsequent Co##unications or ,roadcasts. -
;nless otherwise rovided in the !ontra!t, in
every !ommuni!ation to the uli! orroad!ast of a erforman!e suseuent to the
4rst !ommuni!ation or road!ast thereof y
the road!asting organi=ation, the erformer
shall e entitled to an additional remuneration
euivalent to at least 4ve er!ent #9K$ of the
original !omensation he or she re!eived for
the 4rst !ommuni!ation or road!ast. #n$
Section 2#. Contract Ter#s. - *othing in
this hater shall e !onstrued to derive
erformers of the right to agree y !ontra!tson terms and !onditions more favorale for
them in rese!t of any use of their
erforman!e. #n$
CHAPTER (III
PROD)CERS O' SO)ND RECORDIN&S
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Section 2#!. )co!e o Right . - &u5e!t to the
rovisions of &e!tion 212, rodu!ers of sound
re!ordings shall en5oy the following e3!lusive
rights:
20(.1. he right to authori=e the dire!t or
indire!t rerodu!tion of their sound
re!ordings, in any manner or form% the la!ing
of these rerodu!tions in the market and theright of rental or lending%
20(.2. he right to authori=e the 4rst uli!
distriution of the original and !oies of their
sound re!ordings through sale or rental or
other forms of transferring ownershi% and
20(.'. he right to authori=e the !ommer!ial
rental to the uli! of the original and !oies
of their sound re!ordings, even after
distriution y them y or ursuant toauthori=ation y the rodu!er. #&e!. /+, P..
*o. /<a$
Section 2#$. Co##unication to the ublic. -
If a sound re!ording ulished for !ommer!ial
uroses, or a rerodu!tion of su!h sound
re!ording, is used dire!tly for road!asting or
for other !ommuni!ation to the uli!, or is
uli!ly erformed with the intention of
making and enhan!ing ro4t, a single
euitale remuneration for the erformer orerformers, and the rodu!er of the sound
re!ording shall e aid y the user to oth the
erformers and the rodu!er, who, in the
asen!e of any agreement shall share eually.
#&e!. /, P.. *o. /<a$
Section 21#. -i#itation o Right . - &e!tions
1(/ and 1(9 shall aly mutatis mutandis to
the rodu!er of sound re!ordings. #&e!. /(,
P.. *o. /<a$
CHAPTER (IV
*ROADCASTIN& OR&ANI+ATIONS
Section 211. )co!e o Right . - &u5e!t to the
rovisions of &e!tion 212, road!asting
organi=ations shall en5oy the e3!lusive right to
!arry out, authori=e or revent any of the
following a!ts:
211.1. he reroad!asting of their road!asts%
211.2. he re!ording in any manner, in!luding
the making of 4lms or the use of video tae,
of their road!asts for the urose of
!ommuni!ation to the uli! of television
road!asts of the same% and
211.'. he use of su!h re!ords for freshtransmissions or for fresh re!ording. #&e!. 92,
P.. *o. /<$
CHAPTER (V
LIMITATIONS ON PROTECTION
Section 212. -i#itations on Rights. - &e!tions
20', 20( and 20< shall not aly where the
a!ts referred to in those &e!tions are related
to:
212.1. he use y a natural erson e3!lusively
for his own ersonal uroses%
212.2. ;sing short e3!erts for reorting
!urrent events%
212.'. ;se solely for the urose of tea!hing
or for s!ienti4! resear!h% and
212./. >air use of the road!ast su5e!t to the
!onditions under &e!tion 1(9. #&e!. //, P..*o. /<a$
CHAPTER (VI
TERM O' PROTECTION
Section 213. Ter# o rotection. - 21'.1.
&u5e!t to the rovisions of &use!tions 21'.2
to 21'.9, the !oyright in works under
&e!tions 12 and 1' shall e rote!ted
during the life of the author and for 4fty #90$
years after his death. his rule also alies toosthumous works. #&e!. 21, 4rst senten!e,
P.. *o. /<a$
21'.2. In !ase of works of 5oint authorshi, the
e!onomi! rights shall e rote!ted during the
life of the last surviving author and for 4fty
#90$ years after his death. #&e!. 21, se!ond
senten!e, P.. *o. /<$
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21'.'. In !ase of anonymous or
seudonymous works, the !oyright shall e
rote!ted for 4fty #90$ years from the date on
whi!h the work was 4rst lawfully ulished:
Provided, hat where, efore the e3iration of
the said eriod, the author8s identity is
revealed or is no longer in dout, the
rovisions of &use!tions 21'.1. and 21'.2
shall aly, as the !ase may e: Provided,further, hat su!h works if not ulished
efore shall e rote!ted for 4fty #90$ years
!ounted from the making of the work. #&e!.
2', P.. *o. /<$
21'./. In !ase of works of alied art the
rote!tion shall e for a eriod of twenty-4ve
#29$ years from the date of making. #&e!.
2/#D$, P.. *o. /<a$
21'.9. In !ase of hotograhi! works, therote!tion shall e for 4fty #90$ years from
uli!ation of the work and, if unulished,
4fty #90$ years from the making. #&e!. 2/#$,
P.. /<a$
21'.+. In !ase of audio-visual works in!luding
those rodu!ed y ro!ess analogous to
hotograhy or any ro!ess for making audio-
visual re!ordings, the term shall e 4fty #90$
years from date of uli!ation and, if
unulished, from the date of making. #&e!.2/#$, P.. *o. /<a$
Section 214. Calculation o Ter#. - he term
of rote!tion suseuent to the death of the
author rovided in the re!eding &e!tion shall
run from the date of his death or of
uli!ation, ut su!h terms shall always e
deemed to egin on the 4rst day of Lanuary of
the year following the event whi!h gave rise
to them. #&e!. 29, P.. *o. /<$
Section 215. Ter# o rotection or
eror#ers% roducers and ,roadcasting
"rgani1ations. - 219.1. he rights granted to
erformers and rodu!ers of sound re!ordings
under this law shall e3ire:
#a$ >or erforman!es not in!ororated
in re!ordings, 4fty #90$ years from the
end of the year in whi!h the
erforman!e took la!e% and
#$ >or sound or image and sound
re!ordings and for erforman!es
in!ororated therein, 4fty #90$ years
from the end of the year in whi!h the
re!ording took la!e.
219.2. In !ase of road!asts, the term shall e
twenty #20$ years from the date the road!ast
took la!e. he e3tended term shall e
alied only to old works with susisting
rote!tion under the rior law. #&e!. 99, P..
*o. /<a$
CHAPTER (VII
IN'RIN&EMENT
Section 21". Re#edies or Inringe#ent . -21+.1. Any erson infringing a right rote!ted
under this law shall e liale:
#a$ o an in5un!tion restraining su!h
infringement. he !ourt may also order
the defendant to desist from an
infringement, among others, to revent
the entry into the !hannels of
!ommer!e of imorted goods that
involve an infringement, immediately
after !ustoms !learan!e of su!h goods.
#$ Pay to the !oyright rorietor or his
assigns or heirs su!h a!tual damages,
in!luding legal !osts and other
e3enses, as he may have in!urred due
to the infringement as well as the
ro4ts the infringer may have made
due to su!h infringement, and in
roving ro4ts the lainti shall e
reuired to rove sales only and the
defendant shall e reuired to roveevery element of !ost whi!h he !laims,
or, in lieu of a!tual damages and
ro4ts, su!h damages whi!h to the
!ourt shall aear to e 5ust and shall
not e regarded as enalty.
#!$ eliver under oath, for imounding
during the enden!y of the a!tion, uon
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su!h terms and !onditions as the !ourt
may res!rie, sales invoi!es and other
do!uments eviden!ing sales, all arti!les
and their a!kaging alleged to infringe
a !oyright and imlements for making
them.
#d$ eliver under oath for destru!tion
without any !omensation all infringing!oies or devi!es, as well as all lates,
molds, or other means for making su!h
infringing !oies as the !ourt may
order.
#e$ &u!h other terms and !onditions,
in!luding the ayment of moral and
e3emlary damages, whi!h the !ourt
may deem roer, wise and euitale
and the destru!tion of infringing !oies
of the work even in the event ofa!uittal in a !riminal !ase.
21+.2. In an infringement a!tion, the !ourt
shall also have the ower to order the sei=ure
and imounding of any arti!le whi!h may
serve as eviden!e in the !ourt ro!eedings.
#&e!. 2(, P.. *o. /<a$
Section 21. Cri#inal enalties. - 21.1. Any
erson infringing any right se!ured y
rovisions of Part IJ of this A!t or aiding oraetting su!h infringement shall e guilty of a
!rime unishale y:
#a$ Imrisonment of one #1$ year to
three #'$ years lus a 4ne ranging from
>ifty thousand esos #P90,000$ to 6ne
hundred 4fty thousand esos
#P190,000$ for the 4rst oense.
#$ Imrisonment of three #'$ years and
one #1$ day to si3 #+$ years lus a 4neranging from 6ne hundred 4fty
thousand esos #P190,000$ to >ive
hundred thousand esos #P900,000$ for
the se!ond oense.
#!$ Imrisonment of si3 #+$ years and
one #1$ day to nine #<$ years lus a 4ne
ranging from 4ve hundred thousand
esos #P900,000$ to 6ne million 4ve
hundred thousand esos #P1,900,000$
for the third and suseuent oenses.
#d$ In all !ases, susidiary
imrisonment in !ases of insolven!y.
21.2. In determining the numer of years of
imrisonment and the amount of 4ne, the!ourt shall !onsider the value of the infringing
materials that the defendant has rodu!ed or
manufa!tured and the damage that the
!oyright owner has suered y reason of the
infringement.
21.'. Any erson who at the time when
!oyright susists in a work has in his
ossession an arti!le whi!h he knows, or
ought to know, to e an infringing !oy of the
work for the urose of:
#a$ &elling, letting for hire, or y way of
trade oering or e3osing for sale, or
hire, the arti!le%
#$ istriuting the arti!le for urose
of trade, or for any other urose to an
e3tent that will re5udi!e the rights of
the !oyright owner in the work% or
#!$ rade e3hiit of the arti!le in uli!,shall e guilty of an oense and shall e
liale on !onvi!tion to imrisonment
and 4ne as aove mentioned. #&e!. 2<,
P.. *o. /<a$
Section 21!. A2da*it +*idence. - 21(.1. In
an a!tion under this hater, an a7davit
made efore a notary uli! y or on ehalf of
the owner of the !oyright in any work or
other su5e!t matter and stating that:
#a$ At the time se!i4ed therein,
!oyright susisted in the work or other
su5e!t matter%
#$ e or the erson named therein is
the owner of the !oyright% and
1(
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#!$ he !oy of the work or other
su5e!t matter anne3ed thereto is a
true !oy thereof, shall e admitted in
eviden!e in any ro!eedings for an
oense under this hater and shall e
rima fa!ie roof of the matters therein
stated until the !ontrary is roved, and
the !ourt efore whi!h su!h a7davit is
rodu!ed shall assume that the a7davitwas made y or on ehalf of the owner
of the !oyright.
21(.2. In an a!tion under this hater:
#a$ oyright shall e resumed to
susist in the work or other su5e!t
matter to whi!h the a!tion relates if the
defendant does not ut in issue the
uestion whether !oyright susists in
the work or other su5e!t matter% and
#$ Ehere the susisten!e of the
!oyright is estalished, the lainti
shall e resumed to e the owner of
the !oyright if he !laims to e the
owner of the !oyright and the
defendant does not ut in issue the
uestion of his ownershi.
#!$ Ehere the defendant, without good
faith, uts in issue the uestions ofwhether !oyright susists in a work or
other su5e!t matter to whi!h the a!tion
relates, or the ownershi of !oyright in
su!h work or su5e!t matter, therey
o!!asioning unne!essary !osts or delay
in the ro!eedings, the !ourt may dire!t
that any !osts to the defendant in
rese!t of the a!tion shall not e
allowed y him and that any !osts
o!!asioned y the defendant to other
arties shall e aid y him to su!hother arties. #n$
Section 21$. resu#!tion o Authorshi!. -
21<.1. he natural erson whose name is
indi!ated on a work in the usual manner as
the author shall, in the asen!e of roof to the
!ontrary, e resumed to e the author of the
work. his rovision shall e ali!ale even if
the name is a seudonym, where the
seudonym leaves no dout as to the identity
of the author.
21<.2. he erson or ody !ororate whose
name aears on a audio-visual work in the
usual manner shall, in the asen!e of roof to
the !ontrary, e resumed to e the maker of
said work. #n$
Section 22#. International Registration o
.orks. - A statement !on!erning a work,
re!orded in an international register in
a!!ordan!e with an international treaty to
whi!h the Philiines is or may e!ome a
arty, shall e !onstrued as true until the
!ontrary is roved e3!et:
220.1. Ehere the statement !annot e valid
under this A!t or any other law !on!erningintelle!tual roerty.
220.2. Ehere the statement is !ontradi!ted y
another statement re!orded in the
international register. #n$
CHAPTER (VIII
SCOPE O' APPLICATION
Section 221. oints o Attach#ent or .orks
under )ections 345 and 346. - 221.1. herote!tion aorded y this A!t to
!oyrightale works under &e!tions 12 and
1' shall aly to:
#a$ Eorks of authors who are nationals
of, or have their haitual residen!e in,
the Philiines%
#$ Audio-visual works the rodu!er of
whi!h has his headuarters or haitual
residen!e in the Philiines%
#!$ Eorks of ar!hite!ture ere!ted in the
Philiines or other artisti! works
in!ororated in a uilding or other
stru!ture lo!ated in the Philiines%
#d$ Eorks 4rst ulished in the
Philiines% and
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#e$ Eorks 4rst ulished in another
!ountry ut also ulished in the
Philiines within thirty days,
irrese!tive of the nationality or
residen!e of the authors.
221.2. he rovisions of this A!t shall also
aly to works that are to e rote!ted y
virtue of and in a!!ordan!e with anyinternational !onvention or other international
agreement to whi!h the Philiines is a arty.
#n$
Section 222. oints o Attach#ent or
eror#ers. - he rovisions of this A!t on the
rote!tion of erformers shall aly to:
222.1. Performers who are nationals of the
Philiines%
222.2. Performers who are not nationals of the
Philiines ut whose erforman!es:
#a$ ake la!e in the Philiines% or
#$ Are in!ororated in sound
re!ordings that are rote!ted under this
A!t% or
#!$ Ehi!h has not een 43ed in sound
re!ording ut are !arried y road!astualifying for rote!tion under this A!t.
#n$
Section 223. oints o Attach#ent or )ound
Recordings. - he rovisions of this A!t on the
rote!tion of sound re!ordings shall aly to:
22'.1. &ound re!ordings the rodu!ers of
whi!h are nationals of the Philiines% and
22'.2. &ound re!ordings that were 4rst
ulished in the Philiines. #n$
Section 224. oints o Attach#ent or
,roadcasts. - 22/.1. he rovisions of this A!t
on the rote!tion of road!asts shall aly to:
#a$ Droad!asts of road!asting
organi=ations the headuarters of whi!h
are situated in the Philiines% and
#$ Droad!asts transmitted from
transmitters situated in the Philiines.
22/.2. he rovisions of this A!t shall also
aly to erformers who, and to rodu!ers of
sound re!ordings and road!astingorgani=ations whi!h, are to e rote!ted y
virtue of and in a!!ordan!e with any
international !onvention or other international
agreement to whi!h the Philiines is a arty.
#n$
G.R. No. 180677 February 18, 2013
VICTORIO P. DIAZ, Petitioner,
vs.
PEOPE OF T!E P!IIPPINE" AND EVI "TRA#""
$P!I".%, INC., Respondents.
20
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