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IP CODE - Republic Act No 8293

An act prescribing the intellectual property code and establishing the intellectual property office, providing for its powers and functions, and for other purposes



Outline of the
Intellectual Property Code
(Republic Act No 8293)

1 Protected Works
2 Excluded Works
3 Territorial Coverage
of Copyrights
4 Scope of Copyright Protection
5 Ownership of Copyright
6 Transfer of Assignment
of Copyright
7 Limitations on Copyright
8 Length of
Copyright Protection
9 Copyright Enforcement
10 Penalties for Infringement
11 International Registration
of Works
12 Border Control

IMMEDIATE PROTECTION. The aforementioned (literary and artistic works) are protected from the moment of their creation. (SECTION 172.1) Works are protected by the sole fact of their creation, irrespective of their mode or form of expression, as well as of their content, quality and purpose. (SECTION 172.1) (Sec. 2, P.D. No. 49a)

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 copy or of one or several copies of the work imply transfer or assignment of the copyright. (SECTION 181) (Sec. 16, P.D. No. 49)

COPYRIGHT OR ECONOMIC RIGHTS. Subject to the provisions of Chapter VIII, copyright or economic rights shall consist of the exclusive right to carry out, authorize or prevent the following acts (SECTION 177) (Sec. 5, P. D. No. 49a):

177.1. Reproduction of the work or substantial portion of the work;

177.2. Dramatization, translation, adaptation, abridgment, arrangement or other transformation of the work;

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

177.4. Rental of the original or a copy of an (1)audiovisual or (2)cinematographic work, a (3)work embodied in a sound recording, a (4)computer program, a (5)compilation of data and other materials or a (6)musical work in graphic form, irrespective of the ownership of the original or the copy which is the subject of the rental; (n)

177.5. Public display of the original or a copy of the work;

177.6. Public performance of the work; and

177.7. Other communication to the public of the work.

DEFINITIONS. For the purpose of this Act, the following terms have the following meaning (SECTION 171):

171.3. "Communication to the public" or "communicate to the public" means the making of a work available 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;

171.5. "Public lending" is the transfer of possession of the original or a copy of a work or sound recording for a limited period, for non-profit purposes, by an institution the services of which are available to the public, such as public library or archive;

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

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

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

WORK OF ARCHITECTURE. Copyright in a work of architecture shall include the right to control the erection of any building which reproduces the whole or a substantial part of the work either in its original form or in any form recognizably derived from the original: Provided, That the copyright in any such work shall not include the right to control the reconstruction or rehabilitation in the same style as the original of a building to which that copyright relates. (n) (SECTION 186)

MORAL RIGHTS: The author of a work shall, independently of the economic rights in Section 177 or the grant of an assignment or license with respect to such right, have the right (SECTION 193):

193.1. To require that the authorship of the works be attributed to him, in particular, the right that his name, as far as practicable, be indicated in a prominent way on the copies, and in connection with the public use of his work;

193.2. To make any 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 work which would be prejudicial to his honor or reputation; and

193.4. 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)

BREACH OF CONTRACT. An author cannot be compelled to perform his contract to create a work or for the publication of his work already in existence. However, he may be held liable for damages for breach of such contract. (SECTION 194) (Sec. 35, P.D. No. 49)

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 (SECTION 195):

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

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

CONTRIBUTION TO COLLECTIVE WORK. When an author contributes to a collective work, his right to have his contribution attributed to him is deemed waived unless he expressly reserves it. (SECTION 196) (Sec. 37, P.D. No. 49)

Editing, Arranging and Adaptation of Work. — In the absence of a contrary stipulation at the time an author licenses or permits another to use his work, the necessary editing, arranging or adaptation of such work, for publication, broadcast, use in a motion picture, dramatization, or mechanical or electrical reproduction in accordance with the reasonable and customary standards or requirements of the medium in which the work is to be used, shall not be deemed to contravene the author's rights secured by this chapter. Nor shall complete destruction of a work unconditionally transferred by the author be deemed to violate such rights. (SECTION 197) (Sec. 38, P.D. No. 49)

RIGHTS TO PROCEEDS IN SUBSEQUENT TRANSFERS. “Droit de suite” ” in Works of Art and Manuscripts under the Berne Convention (14ter)

  1. The author, or after his death the persons or institutions authorized by national legislation, shall, with respect to original works of art and original manuscripts of writers and composers, enjoy the inalienable right to an interest in any sale of the work subsequent to the first transfer by the author of the work.
  2. The protection provided by the preceding paragraph may be claimed in a country of the Union only if legislation in the country to which the author belongs so permits, and to the extent permitted by the country where this protection is claimed.
  3. The procedure for collection and the amounts shall be matters for determination by national legislation.

SALE OR LEASE OF WORK. In every sale or lease of an original work of (1)painting or (2)sculpture or of the (3)original manuscript of a writer or composer, subsequent to the first disposition thereof by the author, the author or his heirs shall have an inalienable right to participate in the gross proceeds of the sale or lease to the extent of five percent (5%). This right shall exist during the lifetime of the author and for fifty (50) years after his death. (SECTION 200) (Sec. 31, P.D. No. 49)

WORKS NOT COVERED. The provisions of this Chapter shall not apply to prints, etchings, engravings, works of applied art, or works of similar kind wherein the author primarily derives gain from the proceeds of reproductions (SECTION 201) (Sec. 33, P.D. No. 49)

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