Outline
of the
Intellectual Property Code
(Republic Act No 8293)
THE LAW ON COPYRIGHT |
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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. (SECTION 213.1) (Sec. 21, first sentence,
P.D. No. 49a)
213.2. In case of works of joint authorship, the economic
rights shall be protected during the life of the last
surviving author and for fifty (50) 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 date 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, as the case may be: Provided, further,
That such works if not published before shall be protected
for fifty (50) years counted from the making of the
work. (Sec. 23, P.D. No. 49)
213.4. In case of works of applied art the protection
shall be for a period of twenty-five (25) years from
the date of making. (Sec. 24(B), P.D. No. 49a)
213.5. In case of photographic works, the protection
shall be for fifty (50) years from publication of the
work and, if unpublished, fifty (50) years from the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 audio-visual recordings, the term
shall be fifty (50) years from date of publication and,
if unpublished, from the date of making. (Sec. 24(C),
P.D. No. 49a)
Calculation of Term. — The term of protection
subsequent to the death of the author provided in the
preceding Section shall run from the date of his death
or of publication, but such terms shall always be deemed
to begin on the first day of January of the year following
the event which gave rise to them (SECTION 214) (Sec.
25, P.D. No. 49)
TERM OF MORAL RIGHTS. The rights of
an author under this chapter (MORAL RIGHTS) shall last
during the lifetime of the author and for fifty (50)
years after his death and shall not be 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 author's heirs, and in
default of the heirs, the Director of the National Library.
(SECTION 198.1)
171.7. "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 way
that members of the public may access these works from
a place and time individually chosen by 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;
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