Hich if Any of the Following Are Exclusive Rights Enjoyed by Authors of Visual Works of Art?

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Intellectual Holding Lawmaking of the Philippines - Role Four

INTELLECTUAL PROPERTY Lawmaking OF THE PHILIPPINES
[Republic Act No. 8293]

AN Human action PRESCRIBING THE INTELLECTUAL PROPERTY CODE
AND ESTABLISHING THE INTELLECTUAL PROPERTY OFFICE,
PROVIDING FOR ITS POWERS AND FUNCTIONS, AND FOR OTHER PURPOSES.chanrobles virtual law library

PART IV
THE Constabulary ON COPYRIGHT

Chapter I
PRELIMINARY PROVISIONS

Sec. 171. Definitions. - For the purpose of this Act, the following terms have the post-obit significant:

171.1. "Writer" is the natural person who has created the work;

171.ii. A "collective work" is a piece of work which has been created by two (2) or more natural persons at the initiative and nether the management of another with the understanding that it will be disclosed by the latter nether his own proper name and that contributing natural persons will not exist identified;

171.3. "Communication to the public" or "communicate to the public" means the making of a work bachelor to the public by wire or wireless means in such a way that members of the public may access these works from a place and time individually chosen by them;

171.4. A "computer" is an electronic or similar device having information-processing capabilities, and a "computer program" is a set of instructions expressed in words, codes, schemes or in whatsoever other class, which is capable when incorporated in a medium that the computer tin read, or causing the calculator to perform or achieve a particular task or effect;

171.five. "Public lending" is the transfer of possession of the original or a copy of a work or sound recording for a express period, for non-profit purposes, by an establishment the services of which are available to the public, such as public library or annal;

171.6. "Public performance," in the case of a piece of work other than an audiovisual work, is the recitation, playing, dancing, acting or otherwise performing the work, either directly or by means of whatsoever device or process; in the case of an audiovisual work, the showing of its images in sequence and the making of the sounds accompanying information technology audible; and, in the case of a sound recording, making the recorded sounds aural at a identify or at places where persons outside the normal circle of a family unit and that family's closest social acquaintances are or can exist nowadays, irrespective of whether they are or can be present at the same identify and at the same time, or at different places and/or at dissimilar times, and where the operation tin can be perceived without the demand for communication within the meaning of Subsection 171.3;

171.vii. "Published works" means works, which, with the consent of the authors, are made available to the public by wire or wireless means in such a style that members of the public may access these works from a place and fourth dimension individually chosen past them: Provided, That availability of such copies has been such, as to satisfy the reasonable requirements of the public, having regard to the nature of the work;

171.8. "Rental" is the transfer of the possession of the original or a re-create of a piece of work or a sound recording for a limited period of time, for profit-making purposes;

171.9. "Reproduction" is the making of ane (1) or more than copies of a work or a sound recording in any manner or form (Sec. 41 [E], P.D. No. 49a);

171.10. A "work of practical fine art" is an artistic creation with utilitarian functions or incorporated in a useful article, whether fabricated by mitt or produced on an industrial calibration;

171.11. A "piece of work of the Authorities of the Philippines" is a piece of work created by an officer or employee of the Philippine Government or any of its subdivisions and instrumentalities, including authorities-owned or controlled corporations as office of his regularly prescribed official duties.

CHAPTER II
ORIGINAL WORKS

Sec. 172. Literary and Artistic Works. -

172.1 Literary and creative works, hereinafter referred to as "works", are original intellectual creations in the literary and artistic domain protected from the moment of their creation and shall include in particular:

(a) Books, pamphlets, articles and other writings;

(b) Periodicals and newspapers;

(c) Lectures, sermons, addresses, dissertations prepared for oral commitment, whether or non reduced in writing or other textile class;

(d) Letters;

(e) Dramatic or dramatico-musical compositions; choreographic works or amusement in dumb shows;

(f) Musical compositions, with or without words;

(g) Works of drawing, painting, compages, sculpture, engraving, lithography or other works of art; models or designs for works of fine art;

(h) Original ornamental designs or models for articles of manufacture, whether or not registrable every bit an industrial pattern, and other works of practical art;

(i) Illustrations, maps, plans, sketches, charts and three-dimensional works relative to geography, topography, architecture or science;

(j) Drawings or plastic works of a scientific or technical character;

(k) Photographic works including works produced by a procedure coordinating to photography; lantern slides;

(fifty) Audiovisual works and cinematographic works and works produced by a process analogous to cinematography or any process for making audio-visual recordings;

(m) Pictorial illustrations and advertisements;

(north) Reckoner programs; and

(o) Other literary, scholarly, scientific and artistic works.

172.ii. Works are protected past the sole fact of their creation, irrespective of their manner or form of expression, besides as of their content, quality and purpose. (Sec. 2, P. D. No. 49a)

Chapter III
DERIVATIVE WORKS

Sec. 173. Derivative Works. -

173.1. The post-obit derivative works shall also be protected past copyright:

(a) Dramatizations, translations, adaptations, abridgments, arrangements, and other alterations of literary or artistic works; and

(b) Collections of literary, scholarly or artistic works, and compilations of data and other materials which are original by reason of the choice or coordination or arrangement of their contents. (Sec. 2, [P] and [Q], P. D. No. 49)

173.2. The works referred to in paragraphs (a) and (b) of Subsection 173.1 shall be protected as a new works: Provided however, That such new piece of work shall not touch the strength of any subsisting copyright upon the original works employed or any part thereof, or exist construed to imply whatsoever right to such utilise of the original works, or to secure or extend copyright in such original works. (Sec. viii, P. D. 49; Art. 10, TRIPS)

Sec. 174. Published Edition of Work. - In improver to the correct to publish granted by the author, his heirs or assigns, the publisher shall have a re-create right consisting merely of the right of reproduction of the typographical arrangement of the published edition of the piece of work. (n)

Chapter IV
WORKS NOT PROTECTED

Sec. 175. Unprotected Subject Matter. - Notwithstanding the provisions of Sections 172 and 173, no protection shall extend, under this constabulary, to any idea, process, system method or operation, concept, principle, discovery or mere data as such, fifty-fifty 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 whatsoever official text of a legislative, authoritative or legal nature, as well as any official translation thereof. (n)

Sec. 176. Works of the Government. -

176.1. No copyright shall subsist in whatever work of the Government of the Philippines. However, prior approval of the government agency or office wherein the piece of work is created shall be necessary for exploitation of such work for profit. Such agency or office may, among other things, impose as a condition the payment of royalties. No prior approving or conditions shall be required for the utilize of any purpose of statutes, rules and regulations, and speeches, lectures, sermons, addresses, and dissertations, pronounced, read or rendered in courts of justice, before authoritative agencies, in deliberative assemblies and in meetings of public graphic symbol. (Sec. ix, First Par., P. D. No. 49)

176.2. The Author of speeches, lectures, sermons, addresses, and dissertations mentioned in the preceding paragraphs shall have the exclusive right of making a collection of his works. (north)

176.3. Nonetheless the foregoing provisions, the Government is not precluded from receiving and property copyrights transferred to it past consignment, bequest or otherwise; nor shall publication or republication by the government in a public document of any work in which copy right is subsisting be taken to cause any abridgment or annulment of the copyright or to authorize any utilise or appropriation of such work without the consent of the copyright owners. (Sec. 9, Third Par., P. D. No. 49)

Affiliate Five
COPYRIGHT OR Economic RIGHTS

  Sec. 177. Re-create or Economic Rights. - Subject to the provisions of Chapter Viii, copyright or economic rights shall consist of the exclusive right to bear out, authorize or prevent the following acts:

177.one. Reproduction of the work or substantial portion of the work;

177.2 Dramatization, translation, accommodation, abridgment, organization or other transformation of the piece of work;

177.3. The first public distribution of the original and each copy of the work by auction or other forms of transfer of ownership;

177.four. Rental of the original or a copy of an audiovisual or cinematographic work, a piece of work embodied in a sound recording, a computer program, a compilation of data and other materials or a musical work in graphic grade, irrespective of the ownership of the original or the copy which is the subject of the rental; (n)

177.v. Public display of the original or a re-create of the piece of work;

177.6. Public performance of the work; and

177.7. Other communication to the public of the work (Sec. 5, P. D. No. 49a)

Chapter VI
OWNERSHIP OF COPYRIGHT

  Sec. 178. Rules on Copyright Ownership. - Copyright buying shall be governed by the post-obit rules:

178.1. Subject field to the provisions of this section, in the case of original literary and artistic works, copyright shall belong to the author of the work;

178.ii. In the case of works of joint authorship, the co-authors shall exist the original owners of the copyright and in the absenteeism of understanding, their rights shall be governed by the rules on co-buying. If, yet, a work of articulation authorship consists of parts that can be used separately and the author of each role can be identified, the author of each part shall be the original owner of the copyright in the part that he has created;

178.3. In the case of work created past an author during and in the class of his employment, the copyright shall belong to:

(a) The employee, if the cosmos of the object of copyright is not a part of his regular duties even if the employee uses the time, facilities and materials of the employer.

(b) The employer, if the work is the upshot of the performance of his regularly-assigned duties, unless in that location is an understanding, express or unsaid, to the opposite.

178.4. In the case of a work-commissioned past a person other than an employer of the author and who pays for it and the work is made in pursuance of the commission, the person who so commissioned the work shall have ownership of work, simply the copyright thereto shall remain with the creator, unless at that place is a written stipulation to the reverse;

178.5. In the case of audiovisual work, the copyright shall belong to the producer, the author of the scenario, the composer of the music, the pic director, and the author of the work so adapted. However, subject field to opposite or other stipulations among the creators, the producers shall exercise the copyright to an extent required for the exhibition of the work in any mode, except for the right to collect performing license fees for the performance of musical compositions, with or without words, which are incorporated into the work; and

178.half dozen. In respect of messages, the copyright shall vest to the author subject to the provisions of Commodity 723 of the Ceremonious Lawmaking. (Sec. 6, P. D. No. 49a)

Sec. 179. Anonymous and Pseudonymous Works. - For purposes of this Human activity, the publishers shall be deemed to stand for the authors of articles and other writings published without the names of the authors or under pseudonyms, unless the reverse appears, or the pseudonyms or adopted name leaves no doubts as to the author's identity, or if the writer of the anonymous works discloses his identity. (Sec. 7, P. D. 49)

CHAPTER 7
TRANSFER OR ASSIGNMENT OF COPYRIGHT

  Sec. 180. Rights of Assignee. -

180.i. The copyright may be assigned in whole or in part. Within the scope of the assignment, the assignee is entitled to all the rights and remedies which the assignor had with respect to the copyright.

180.2. The copyright is not accounted assigned inter vivos in whole or in part unless there is a written indication of such intention.

180.3. The submission of a literary, photographic or creative work to a newspaper, magazine or journal for publication shall institute merely a license to brand a single publication unless a greater right is expressly granted. If two (2) or more persons jointly own a copyright or any office thereof, neither of the owners shall exist entitled to grant licenses without the prior written consent of the other owner or owners. (Sec. 15, P. D. No. 49a)

Sec. 181. Copyright and Material Object. - The copyright is distinct from the property in the material object subject to it. Consequently, the transfer or assignment of the copyright shall not itself constitute a transfer of the material object. Nor shall a transfer or assignment of the sole re-create or of ane or several copies of the work imply transfer or consignment of the copyright. (Sec. 16, P. D. No. 49)

Sec. 182. Filing of Assignment of License. - An consignment or exclusive license may be filed in duplicate with the National Library upon payment of the prescribed fee for registration in books and records kept for the purpose. Upon recording, a copy of the instrument shall be, returned to the sender with a annotation of the fact of record. Notice of the tape shall be published in the IPO Gazette. (Sec. xix, P. D. No. 49a)

Sec. 183. Designation of Social club. - The copyright owners or their heirs may designate a gild of artists, writers or composers to enforce their economic rights and moral rights on their behalf. (Sec. 32, P. D. No. 49a)

CHAPTER Eight
LIMITATIONS ON COPYRIGHT

Sec. 184. Limitations on Copyright. -

184.1. Notwithstanding the provisions of Chapter V, the post-obit acts shall non constitute infringement of copyright:

(a) the recitation or performance of a work, once it has been lawfully made attainable to the public, if done privately and costless of charge or if made strictly for a charitable or religious institution or social club; (Sec. 10(1), P. D. No. 49)

(b) The making of quotations from a published work if they are compatible with fair utilise and just to the extent justified for the purpose, including quotations from newspaper articles and periodicals in the form of press summaries: Provided, That the source and the name of the writer, if appearing on the work, are mentioned; (Sec. eleven, Third Par., P. D. No. 49)

(c) The reproduction or advice to the public by mass media of articles on current political, social, economic, scientific or religious topic, lectures, addresses and other works of the same nature, which are delivered in public if such use is for information purposes and has non been expressly reserved: Provided, That the source is clearly indicated; (Sec. 11, P. D. No. 49)

(d) The reproduction and communication to the public of literary, scientific or artistic works as role of reports of electric current events by means of photography, cinematography or broadcasting to the extent necessary for the purpose; (Sec. 12, P. D. No. 49)

(e) The inclusion of a work in a publication, broadcast, or other advice to the public, sound recording or motion picture, if such inclusion is made past way of illustration for teaching purposes and is compatible with fair employ: Provided, That the source and of the proper noun of the author, if actualization in the work, are mentioned;

(f) The recording made in schools, universities, or educational institutions of a work included in a broadcast for the use of such schools, universities or educational institutions: Provided, That such recording must exist deleted within a reasonable flow after they were first circulate: Provided, farther, That such recording may not be made from audiovisual works which are function of the general movie theater repertoire of characteristic films except for brief excerpts of the work;

(grand) The making of ephemeral recordings past a dissemination organization by ways of its own facilities and for use in its own broadcast;

(h) The use made of a piece of work by or under the direction or control of the Authorities, past the National Library or by educational, scientific or professional institutions where such use is in the public interest and is compatible with fair use;

(i) The public performance or the communication to the public of a work, in a identify where no admission fee is charged in respect of such public operation or communication, by a club or institution for charitable or educational purpose simply, whose aim is not profit making, subject to such other limitations as may be provided in the Regulations; (n)

(j) Public display of the original or a copy of the piece of work not made past means of a pic, slide, television image or otherwise on screen or by means of whatever other device or process: Provided, That either the work has been published, or, that original or the copy displayed has been sold, given abroad or otherwise transferred to another person by the author or his successor in title; and

(k) Any use fabricated of a work for the purpose of whatsoever judicial proceedings or for the giving of professional advice past a legal practitioner.

184.ii. The provisions of this section shall be interpreted in such a way equally to allow the piece of work to be used in a manner which does not conflict with the normal exploitation of the work and does not unreasonably prejudice the right holder'southward legitimate interest.

Sec. 185. Fair Employ of a Copyrighted Piece of work. -

185.ane. 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 understood hither to be the reproduction of the code and translation of the forms of the computer program to achieve the inter-operability of an independently created figurer program with other programs may likewise constitute fair utilize. In determining whether the use made of a work in any particular case is fair use, the factors to be considered shall include:

(a) The purpose and character of the apply, including whether such utilize is of a commercial nature or is for non-profit education purposes;

(b) The nature of the copyrighted piece of work;

(c) The amount and substantiality of the portion used in relation to the copyrighted piece of work every bit a whole; and

(d) The issue of the use upon the potential market place for or value of the copyrighted work.

185.2 The fact that a work is unpublished shall not by itself bar a finding of fair use if such finding is fabricated upon consideration of all the above factors.

Sec. 186. Work of Architecture. - Copyright in a work of architecture shall include the correct to control the erection of any edifice which reproduces the whole or a substantial role of the piece of work either in its original form or in any form recognizably derived from the original; Provided, That the copyright in whatsoever such work shall not include the right to control the reconstruction or rehabilitation in the same style every bit the original of a building to which the copyright relates. (northward)

Sec. 187. Reproduction of Published Piece of work. -

187.1. Notwithstanding the provision of Section 177, and subject to the provisions of Subsection 187.ii, the private reproduction of a published work in a single copy, where the reproduction is made by a natural person exclusively for inquiry and private study, shall exist permitted, without the authorization of the owner of copyright in the work.

187.2. The permission granted under Subsection 187.i shall non extend to the reproduction of:

(a) A work of architecture in form of edifice or other construction;

(b) An entire volume, or a substantial past thereof, or of a musical work in which graphics form past reprographic means;

(c) A compilation of data and other materials;

(d) A figurer plan except as provided in Department 189; and

(e) Any work in cases where reproduction would unreasonably conflict with a normal exploitation of the work or would otherwise unreasonably prejudice the legitimate interests of the author. (n)

Sec. 188. Reprographic Reproduction by Libraries. -

188.one. Still the provisions of Subsection 177.six, any library or annal whose activities are not for turn a profit may, without the authorization of the author of copyright owner, make a single copy of the work by reprographic reproduction:

(a) Where the piece of work by reason of its fragile character or rarity cannot be lent to user in its original form;

(b) Where the works are isolated manufactures contained in composite works or cursory portions of other published works and the reproduction is necessary to supply them; when this is considered expedient, to person requesting their loan for purposes of inquiry or study instead of lending the volumes or booklets which comprise them; and

(c) Where the making of such a re-create is in order to preserve and, if necessary in the event that it is lost, destroyed or rendered unusable, supervene upon a copy, or to replace, in the permanent collection of another similar library or archive, a copy which has been lost, destroyed or rendered unusable and copies are not bachelor with the publisher.

188.2. Yet the above provisions, it shall not be permissible to produce a volume of a piece of work published in several volumes or to produce missing tomes or pages of magazines or similar works, unless the volume, tome or part is out of stock; Provided, That every library which, by law, is entitled to receive copies of a printed work, shall be entitled, when special reasons so require, to reproduce a re-create of a published work which is considered necessary for the collection of the library but which is out of stock. (Sec. 13, P. D. 49a)

Sec. 189. Reproduction of Computer Program. -

189.1. Nevertheless the provisions of Department 177, the reproduction in one (1) back-up copy or adaptation of a computer program shall exist permitted, without the potency of the author of, or other owner of copyright in, a calculator program, by the lawful owner of that estimator program: Provided, That the copy or adaptation is necessary for:

(a) The utilize of the figurer program in conjunction with a computer for the purpose, and to the extent, for which the computer programme has been obtained; and

(b) Archival purposes, and, for the replacement of the lawfully owned copy of the estimator plan in the event that the lawfully obtained copy of the computer program is lost, destroyed or rendered unusable.

189.ii. No re-create or adaptation mentioned in this Department shall be used for whatever purpose other than the ones determined in this Section, and whatever such re-create or adaptation shall be destroyed in the issue that continued possession of the copy of the estimator program ceases to be lawful.

189.three. This provision shall exist without prejudice to the application of Section 185 whenever appropriate. (due north)

Sec. 190. Importation for Personal Purposes. -

190.1. Still the provision of Subsection 177.6, but subject area to the limitation nether the Subsection 185.ii, the importation of a re-create of a work by an individual for his personal purposes shall be permitted without the authorization of the author of, or other possessor of copyright in, the work under the post-obit circumstances:

(a) When copies of the work are not available in the Philippines and:

(i) Not more one (1) re-create at ane fourth dimension is imported for strictly individual use merely; or (2) The importation is by authority of and for the use of the Philippine Government; or
(iii) The importation, consisting of not more than three (3) such copies or likenesses in any i invoice, is not for auction but for the use merely of whatsoever religious, charitable, or educational order or institution duly incorporated or registered, or is for the encouragement of the fine arts, or for any state school, college, university, or free public library in the Philippines.

(b) When such copies class parts of libraries and personal baggage belonging to persons or families arriving from foreign countries and are non intended for sale: Provided, That such copies exercise non exceed three (three).

190.two. Copies imported equally allowed past this Department may not lawfully exist used in any way to violate the rights of owner the copyright or annul or limit the protection secured by this Act, and such unlawful use shall be deemed an infringement and shall be punishable as such without prejudice to the proprietor's right of action.

190.iii. Discipline to the approval of the Secretary of Finance, the Commissioner of Community is hereby empowered to brand rules and regulations for preventing the importation of articles the importation of which is prohibited under this Section and under treaties and conventions to which the Philippines may be a party and for seizing and condemning and disposing of the same in case they are discovered after they take been imported. (Sec. 30, P. D. No. 49)

CHAPTER IX
DEPOSIT AND Discover

 Sec. 191. Registration and Deposit with National Library and the Supreme Courtroom Library.- Afterward the first public dissemination of performance by authority of the copyright owner of a piece of work falling under Subsections 172.ane, 172.ii and 172.3 of this Act, there shall, for the purpose of completing the records of the National Library and the Supreme Court Library, within iii (3) weeks, exist registered and deposited with it, by personal delivery or by registered mail, ii (2) complete copies or reproductions of the work in such form as the directors of said libraries may prescribe. A document of eolith shall exist issued for which the prescribed fee shall be collected and the copyright owner shall exist exempt from making additional deposit of the works with the National Library and the Supreme Courtroom Library under other laws. If, within three (three) weeks after receipt by the copyright possessor of a written demand from the directors for such deposit, the required copies or reproductions are not delivered and the fee is not paid, the copyright owner shall be liable to pay a fine equivalent to the required fee per month of delay and to pay to the National Library and the Supreme Court Library the corporeality of the retail price of the all-time edition of the work. Merely the above mentioned classes of work shall be accepted for deposit by the National Library and the Supreme Courtroom Library. (Sec. 26, P. D. No. 49a)

Sec. 192. Notice of Copyright. - Each copy of a piece of work published or offered for sale may contain a notice begetting the name of the copyright owner, and the year of its kickoff publication, and, in copies produced after the creator'south death, the year of such death. (Sec. 27, P. D. No. 49a)

Sec. 193. Telescopic of Moral Rights. - The author of a work shall, independently of the economical rights in Section 177 or the grant of an assignment or license with respect to such right, have the right:

193.one. To require that the authorship of the works be attributed to him, in particular, the right that his proper name, as far equally practicable, be indicated in a prominent style on the copies, and in connexion with the public use of his work;

193.2. To make whatever alterations of his work prior to, or to withhold it from publication;

193.3. To object to any distortion, mutilation or other modification of, or other derogatory action in relation to, his piece of work which would be prejudicial to his honor or reputation; and

193.iv. To restrain the use of his name with respect to any work not of his own creation or in a distorted version of his work. (Sec. 34, P. D. No. 49)

Sec. 194. Breach of Contract. - An author cannot exist compelled to perform his contract to create a work or for the publication of his work already in beingness. Notwithstanding, he may be held liable for damages for alienation of such contract. (Sec. 35, P. D. No. 49)

Sec. 195. Waiver of Moral Rights. - An author may waive his rights mentioned in Section 193 by a written instrument, but no such waiver shall be valid where its effects is to permit another:

195.1. To employ the name of the author, or the title of his work, or otherwise to make use of his reputation with respect to whatever version or adaptation of his piece of work which, because of alterations therein, would substantially tend to injure the literary or creative reputation of another author; or

195.ii. To use the name of the writer with respect to a work he did not create. (Sec. 36, P. D. No. 49)

Sec. 196. Contribution to Commonage Work. - When an author contributes to a commonage piece of work, his correct to have his contribution attributed to him is deemed waived unless he expressly reserves it. (Sec. 37. P. D. No. 49)

Sec. 197. Editing, Arranging and Adaptation of Work. - In the absence of a reverse stipulation at the fourth dimension an author licenses or permits some other to use his work, the necessary editing, arranging or accommodation of such work, for publication, circulate, use in a movement flick, dramatization, or mechanical or electrical reproduction in accord with the reasonable and customary standards or requirements of the medium in which the piece of work is to be used, shall not be deemed to contravene the writer's rights secured by this chapter. Nor shall complete destruction of a work unconditionally transferred by the author be deemed to violate such rights. (Sec. 38, P. D. No. 49)

Sec. 198. Term of Moral Rights. -

198.ane. The rights of an author nether this affiliate shall terminal during the lifetime of the author and for fifty (fifty) years after his death and shall non exist assignable or subject to license. The person or persons to be charged with the posthumous enforcement of these rights shall be named in writing to be filed with the National Library. In default of such person or persons, such enforcement shall devolve upon either the writer's heirs, and in default of the heirs, the Manager of the National Library.

198.ii. For purposes of this Section, "Person" shall mean any individual, partnership, corporation, clan, or society. The Director of the National Library may prescribe reasonable fees to be charged for his services in the application of provisions of this Section. (Sec. 39, P. D. No. 49)

Sec. 199. Enforcement Remedies. - Violation of any of the rights conferred past this Chapter shall entitle those charged with their enforcement to the same rights and remedies available to a copyright possessor. In addition, amercement which may be availed of nether the Civil Lawmaking may too be recovered. Whatever damage recovered after the creator's death shall be held in trust for and remitted to his heirs, and in default of the heirs, shall belong to the government. (Sec. 40, P. D. No. 49)

Chapter 11
RIGHTS TO Proceeds IN SUBSEQUENT TRANSFERS

  Sec. 200. Auction or Lease of Work. - In every sale or charter of an original work of painting or sculpture or of the original manuscript of a writer or composer, subsequent to the first disposition thereof by the author, the author or his heirs shall accept an inalienable right to participate in the gross proceeds of the sale or lease to the extent of 5 per centum (v%). This correct shall exist during the lifetime of the author and for 50 (l) years afterwards his death. (Sec. 31, P. D. No. 49)

Sec. 201. Works Non Covered. - The provisions of this Affiliate shall not apply to prints, etchings, engravings, works of applied art, or works of similar kind wherein the author primarily derives proceeds from the proceeds of reproductions. (Sec. 33, P. D. No. 49)

Chapter XII
RIGHTS OF PERFORMERS, PRODUCERS OF SOUNDS
RECORDINGS AND BROADCASTING ORGANIZATIONS

Sec. 202. Definitions.- For the purpose of this Deed, the post-obit terms shall accept the following meanings:

202.one. "Performers" are actors, singers, musicians, dancers, and other persons who act, sing, declaim, play in, interpret, or otherwise perform literary and artistic piece of work;

202.two. "Sound recording" means the fixation of the sounds of a performance or of other sounds, or representation of sound, other than in the grade of a fixation incorporated in a cinematographic or other audiovisual work;

202.three. An "audiovisual piece of work or fixation" is a work that consists of a series of related images which impart the impression of motility, with or without accompanying sounds, susceptible of being made visible and, where accompanied past sounds, susceptible of existence fabricated audible;

202.4. "Fixation" means the embodiment of sounds, or of the representations thereof, from which they can exist perceived, reproduced or communicated through a device;

202.v. "Producer of a sound recording" means the person, or the legal entity, who or which takes the initiative and has the responsibility for the start fixation of the sounds of a performance or other sounds, or the representation of sounds;

202.6. "Publication of a fixed performance or a audio recording" means the offering of copies of the stock-still performance or the sound recording to the public, with the consent of the correct holder: Provided, That copies are offered to the public in reasonable quality;

202.vii. "Broadcasting" means the manual by wireless means for the public reception of sounds or of images or of representations thereof; such transmission by satellite is too "broadcasting" where the ways for decrypting are provided to the public by the dissemination organization or with its consent;

202.viii. "Dissemination system" shall include a natural person or a juridical entity duly authorized to engage in broadcasting; and

202.ix. "Communication to the public of a performance or a sound recording" ways the transmission to the public, by whatever medium, otherwise than by broadcasting, of sounds of a functioning or the representations of sounds stock-still in a sound recording. For purposes of Department 209, "communication to the public" includes making the sounds or representations of sounds fixed in a sound recording audible to the public.

Sec. 203. Scope of Performers' Rights. - Subject to the provisions of Section 212, performers shall enjoy the post-obit exclusive rights:

203.one. Every bit regards their performances, the right of authorizing:

(a) The broadcasting and other advice 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 mode or form;

203.3. Subject to the provisions of Section 206, the right of authorizing the first public distribution of the original and copies of their performance fixed in the sound recording through auction or rental or other forms of transfer of ownership;

203.4. The right of authorizing the commercial rental to the public of the original and copies of their performances fixed in sound recordings, even after distribution of them by, or pursuant to the authorisation past the performer; and

203.v. The right of authorizing the making available to the public of their performances fixed in sound recordings, by wire or wireless means, in such a way that members of the public may admission them from a place and time individually chosen by them. (Sec. 42, P. D. No. 49a)

Sec. 204. Moral Rights of Performers. -

204.1. Independently of a performer'southward economical rights, the performer, shall, as regards his live aural performances or performances fixed in sound recordings, have the right to claim to be identified as the performer of his performances, except where the omission is dictated by the manner of the use of the performance, and to object to any distortion, mutilation or other modification of his performances that would be prejudicial to his reputation.

204.2. The rights granted to a performer in accordance with Subsection 203.1 shall be maintained and exercised fifty (l) years after his death, by his heirs, and in default of heirs, the regime, where protection is claimed. (Sec. 43, P. D. no. 49)

Sec. 205. Limitation on Correct.-

205.one. Field of study to the provisions of Section 206, once the performer has authorized the broadcasting or fixation of his performance, the provisions of Sections 203 shall have no further application.

205.2. The provisions of Section 184 and Section 185 shall apply mutatis mutandis to performers. (n)

Sec. 206. Boosted Remuneration for Subsequent Communications or Broadcasts. - Unless otherwise provided in the contract, in every communication to the public or broadcast of a functioning subsequent to the first advice or broadcast thereof by the broadcasting organization, the performer shall be entitled to an boosted remuneration equivalent to at least five pct (5%) of the original bounty he or she received for the start communication or broadcast. (n)

Sec. 207. Contract Terms. - Zip in this Affiliate shall be construed to deprive performers of the right to agree by contracts on terms and conditions more than favorable for them in respect of any use of their operation. (northward)

Chapter Thirteen
PRODUCERS OF Audio RECORDINGS

Sec. 208. Scope of Right. - Bailiwick to the provisions of Department 212, producers of sound recordings shall enjoy the following exclusive rights:

208.1. The right to authorize the direct or indirect reproduction of their sound recordings, in any manner or form; the placing of these reproductions in the market and the correct of rental or lending;

208.2. The right to authorize the start public distribution of the original and copies of their sound recordings through auction or rental or other forms of transferring ownership; and

208.3. The right to qualify the commercial rental to the public of the original and copies of their sound recordings, even after distribution by them past or pursuant to say-so by the producer. (Sec. 46, P. D. No. 49a)

Sec. 209. Communication to the Public. - If a audio recording published for commercial purposes, or a reproduction of such audio recording, is used directly for broadcasting or for other communication to the public, or is publicly performed with the intention of making and enhancing profit, a unmarried equitable remuneration for the performer or performers, and the producer of the audio recording shall exist paid by the user to both the performers and the producer, who, in the absence of whatsoever agreement shall share equally. (Sec. 47, P. D. No. 49a)

Sec. 210. Limitation of Right. - Sections 184 and 185 shall employ mutatis mutandis to the producer of audio recordings. (Sec. 48, P. D. No. 49a)

Chapter XIV
Broadcasting ORGANIZATIONS

  Sec. 211. Scope of Correct. - Subject to the provisions of Section 212, broadcasting organizations shall enjoy the exclusive right to carry out, authorize or foreclose any of the post-obit acts:

211.1. The rebroadcasting of their broadcasts;

211.2. The recording in any manner, including the making of films or the employ of video tape, of their broadcasts for the purpose of advice to the public of television set broadcasts of the same; and

211.three. The use of such records for fresh transmissions or for fresh recording. (Sec. 52, P. D. No. 49)

Affiliate XV
LIMITATIONS ON PROTECTION

Sec. 212. Limitations on Rights. - Sections 203, 208 and 209 shall not apply where the acts referred to in those Sections are related to:

212.1. The use by a natural person exclusively for his ain personal purposes;

212.two. Using brusque excerpts for reporting electric current events;

212.3. Use solely for the purpose of teaching or for scientific research; and

212.4. Off-white utilize of the broadcast subject to the conditions under department 185. (Sec. 44, P. D. No. 49a)

Chapter XVI
TERM OF PROTECTION

Sec. 213. Term of Protection. - 213.1. Subject to the provisions of Subsections 213.2 to 213.5, the copyright in works under Sections 172 and 173 shall be protected during the life of the author and for fifty (50 years after his death. This rule also applies to posthumous works. (Sec. 21, Offset Judgement, P. D. No. 49a)

213.2. In example of works of joint authorship, the economical rights shall exist protected during the life of the final surviving author and for l (l) years after his death. (Sec. 21, Second Sentence, P.D. No. 49)

213.3. In case of anonymous or pseudonymous works, the copyright shall be protected for fifty (50) years from the engagement on which the work was first lawfully published: Provided, That where, before the expiration of the said period, the author's identity is revealed or is no longer in doubt, the provisions of Subsections 213.1 and 213.2 shall apply, every bit the case may exist: Provided, further, That such works if not published before shall exist protected for l (l) years counted from the making of the piece of work. (Sec. 23, P. D. No. 49)

213.4. In example of works of applied art the protection shall be for a period of 20-five (25) years from the date of making. (Sec. 24(B), P. D. No. 49a)

213.five. In instance of photographic works, the protection shall be for fifty (50) years from publication of the piece of work and, if unpublished, fifty (50) years from the making. (Sec. 24(C), P. D. 49a)

213.6. In case of audio-visual works including those produced by process analogous to photography or any process for making acoustic recordings, the term shall exist l (50) years from date of publication and, if unpublished, from the date of making. (Sec. 24(C), P. D. No. 49a)

Sec. 214. Adding of Term. - The term of protection subsequent to the decease of the author provided in the preceding Section shall run from the engagement of his expiry or of publication, but such terms shall ever exist deemed to begin on the commencement day of January of the year following the event which gave rise to them. (Sec. 25, P. D. No. 49)

Sec. 215. Term of Protection for Performers, Producers and Broadcasting Organizations.-

215.i. The rights granted to performers and producers of sound recordings under this police shall expire:

(a) For performances non incorporated in recordings, l (l) years from the stop of the year in which the functioning took identify; and

(b) For audio or image and audio recordings and for performances incorporated therein, 50 (50) years from the end of the year in which the recording took place.

215.2. In case of broadcasts, the term shall be twenty (20) years from the appointment the broadcast took place. The extended term shall be applied merely to quondam works with subsisting protection under the prior law. (Sec. 55, P. D. No. 49a)

Chapter XVII
INFRINGEMENT

Sec. 216. Remedies for Infringement. -

216.1. Any person infringing a correct protected under this constabulary shall exist liable:

(a) To an injunction restraining such infringement. The court may also order the defendant to desist from an infringement, among others, to foreclose the entry into the channels of commerce of imported appurtenances that involve an infringement, immediately after customs clearance of such appurtenances.

(b) Pay to the copyright proprietor or his assigns or heirs such bodily amercement, including legal costs and other expenses, as he may have incurred due to the infringement equally well as the profits the infringer may accept made due to such infringement, and in proving profits the plaintiff shall be required to prove sales merely and the defendant shall be required to prove every chemical element of cost which he claims, or, in lieu of actual damages and profits, such damages which to the court shall appear to be only and shall non be regarded as penalization.

(c) Deliver under oath, for impounding during the pendency of the activeness, upon such terms and conditions as the court may prescribe, sales invoices and other documents evidencing sales, all articles and their packaging alleged to infringe a copyright and implements for making them.

(d) Deliver under oath for destruction without any bounty all infringing copies or devices, besides every bit all plates, molds, or other means for making such infringing copies as the court may order.

(due east) Such other terms and atmospheric condition, including the payment of moral and exemplary damages, which the court may deem proper, wise and equitable and the devastation of infringing copies of the work fifty-fifty in the event of acquittal in a criminal example.

216. two. In an infringement action, the court shall also have the ability to order the seizure and impounding of any article which may serve as evidence in the court proceedings. (Sec. 28, P. D. No. 49a)

Sec. 217. Criminal Penalties. -

217.one. Any person infringing any right secured past provisions of Function 4 of this Act or aiding or abetting such infringement shall be guilty of a offense punishable by:

(a) Imprisonment of one (i) year to three (3) years plus a fine ranging from Fifty g pesos (P50,000) to One hundred fifty yard pesos (P150,000) for the beginning offense.

(b) Imprisonment of three (3) years and one (1) twenty-four hour period to vi (6) years plus a fine ranging from I hundred fifty yard pesos (P150,000) to V hundred thousand pesos (P500,000) for the second offense.

(c) Imprisonment of six (half-dozen) years and 1 (1) solar day to nine (ix) years plus a fine ranging from Five hundred chiliad pesos (P500,000) to One million five hundred chiliad pesos (P1,500,000) for the third and subsequent offenses.

(d) In all cases, subsidiary imprisonment in cases of insolvency.

217.2. In determining the number of years of imprisonment and the amount of fine, the court shall consider the value of the infringing materials that the defendant has produced or manufactured and the damage that the copyright owner has suffered by reason of the infringement.

217.3. Any 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 re-create of the work for the purpose of:

(a) Selling, letting for hire, or by mode of trade offer or exposing for auction, or hire, the article;

(b) Distributing the article for purpose of trade, or for any other purpose to an extent that will prejudice the rights of the copyright owner in the piece of work; or

(c) Trade showroom of the article in public, shall be guilty of an offense and shall be liable on conviction to imprisonment and fine as above mentioned. (Sec. 29, P. D. No. 49a)

Sec. 218. Affidavit Show. -

218.1. In an action under this Chapter, an affirmation made before a notary public by or on behalf of the owner of the copyright in any work or other subject matter and stating that:

(a) At the time specified therein, copyright subsisted in the work or other discipline matter;

(b) He or the person named therein is the owner of the copyright; and

(c) The copy of the work or other subject thing annexed thereto is a true copy thereof, shall exist admitted in testify in any proceedings for an offense nether this Chapter and shall be prima facie proof of the matters therein stated until the reverse is proved, and the courtroom before which such affidavit is produced shall assume that the affidavit was made by or on behalf of the owner of the copyright.

218.2. In an activeness under this Affiliate.

(a) Copyright shall be presumed to subsist in the work or other subject thing to which the activity relates if the defendant does not put in issue the question whether copyright subsists in the piece of work or other subject matter; and
(b) Where the subsistence of the copyright is established, the plaintiff shall be presumed to be the owner of the copyright if he claims to exist the owner of the copyright and the accused does not put in issue the question of his ownership.

(c) Where the defendant, without good faith, puts in issue the questions of whether copyright subsists in a piece of work or other subject matter to which the activeness relates, or the ownership of copyright in such work or discipline matter, thereby occasioning unnecessary costs or delay in the proceedings, the court may direct that any costs to the defendant in respect of the action shall not exist allowed past him and that any costs occasioned by the defendant to other parties shall be paid by him to such other parties. (n)

Sec. 219. Presumption of Authorship. -

219.1. The natural person whose proper noun is indicated on a work in the usual style every bit the author shall, in the absence of proof to the contrary, be presumed to be the author of the work. This provision shall be applicable even if the name is a pseudonym, where the pseudonym leaves no doubt equally to the identity of the author.

219.two. The person or trunk, corporate whose name appears on an audio-visual piece of work in the usual way shall, in the absence of proof to the opposite, exist presumed to be the maker of said work. (n)

Sec. 220. International Registration of Works. - A statement concerning a work, recorded in an international register in accordance with an international treaty to which the Philippines is or may become a political party, shall be construed as truthful until the contrary is proved except:

220.one. Where the statement cannot exist valid under this Act or any other law concerning intellectual property.

220.2. Where the argument is contradicted by another argument recorded in the international register. (n)

Chapter XVIII
SCOPE OF APPLICATION

  Sec. 221. Points of Attachment for Works under Sections 172 and 173. -

221.1. The protection afforded by this Human action to copyrightable works under Sections 172 and 173 shall apply to:

(a) Works of authors who are nationals of, or take their habitual residence in the Philippines;

(b) Audio-visual works the producer of which has his headquarters or habitual residence in the Philippines;

(c) Works of architecture erected in the Philippines or other artistic works incorporated in a building or other structure located in the Philippines;

(d) Works first published in the Philippines; and

(due east) Works first published in another country but also published in the Philippines inside xxx days, irrespective of the nationality or residence of the authors.

221.2. The provisions of this Human action shall also utilise to works that are to be protected by virtue of and in accordance with any international convention or other international understanding to which the Philippines is a party. (n)

Sec. 222. Points of Attachment for Performers. - The provisions of this Act on the protection of performers shall apply to:

222.1. Performers who are nationals of the Philippines;

222.2. Performers who are not nationals of the Philippines but whose performances:

(a) Take place in the Philippines; or

(b) Are incorporated in sound recordings that are protected nether this Deed; or

(c) Which has not been fixed in sound recording but are carried by broadcast qualifying for protection under this Act. (n)

Sec. 223. Points of Attachment for Sound Recordings. - The provisions of this Act on the protection of sound recordings shall utilize to:

223.1. audio recordings the producers of which are nationals of the Philippines; and

223.2. Sound recordings that were first published in the Philippines. (n)

Sec. 224. Points of Zipper for Broadcasts. -

224.1. The provisions of this Act on the protection of broadcasts shall employ to:

(a) Broadcasts of broadcasting organizations the headquarters of which are situated in the Philippines; and

(b) Broadcasts transmitted from transmitters situated in the Philippines.

224.ii. The provisions of this Human action shall also utilize to performers who, and to producers of sound recordings and broadcasting organizations which, are to exist protected by virtue of and in accordance with any international convention or other international agreement to which the Philippines is a party. (n)

Chapter XIX
Institution OF ACTIONS

Sec. 225. Jurisdiction. - Without prejudice to the provisions of Subsection vii.1(c), deportment under this Act shall exist cognizable past the courts with appropriate jurisdiction under existing law. (Sec. 57, P. D. No. 49a)

Sec. 226. Damages. - No damages may exist recovered nether this Human action subsequently 4 (iv) years from the time the cause of activeness arose. (Sec. 58, P. D. No. 49)

Chapter XX
MISCELLANEOUS PROVISIONS

Sec. 227. Ownership of Deposit and Instruments. - All copies deposited and instruments in writing filed with the National Library and the Supreme Courtroom Library in accord with the provisions of this Act shall become the holding of the Government. (Sec. lx, P. D. No. 49)

Sec. 228. Public Records. - The section or division of the National Library and the Supreme Court Library charged with receiving copies and instruments deposited and with keeping records required under this Act and everything in it shall exist opened to public inspection. The Manager of the National Library is empowered to issue such safeguards and regulations equally may be necessary to implement this Section and other provisions of this Human action. (Sec. 61, P. D. No. 49)

Sec. 229. Copyright Division Fees. - The Copyright Section of the National Library shall exist classified equally a Division upon the effectivity of this Human action. The National Library shall take the power to collect, for the discharge of its services under this Act, such fees as may be promulgated by information technology from fourth dimension to fourth dimension subject to the approval of the Department Head. (Sec. 62, P. D. 49a)

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