Outline
of the
Intellectual Property Code
(Republic Act No 8293)
THE LAW ON COPYRIGHT |
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UNPROTECTED WORKS. Notwithstanding
the provisions of Sections 172 and 173, no protection
shall extend, under this law, to
- any idea,
- procedure, system, method or operation,
- concept,
- principle,
- discovery or
- mere data as such, even if they are expressed,
explained, illustrated or embodied in a work; (SEE
COMPILATION RIGHTS above)
- news of the day and other miscellaneous facts having
the character of mere items of press information;
or
- any official text of a legislative, administrative
or legal nature, as well as any official translation
thereof (n) SECTION 175
WORKS OF GOVERNMENT. A "work
of the Government of the Philippines" is a work
created by an officer or employee of the Philippine
Government or any of its subdivisions and instrumentalities,
including government-owned or controlled corporations
as a part of his regularly prescribed official duties.
(SECTION 171.11) No copyright shall subsist in any work
of the Government of the Philippines. However, prior
approval of the government agency or office wherein
the 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 approval
or conditions shall be required for the use of any purpose
of statutes, rules and regulations, and speeches, lectures,
sermons, addresses, and dissertations, pronounced, read
or rendered in courts of justice, before administrative
agencies, in deliberative assemblies and in meetings
of public character. (SECTION 176.1) (Sec. 9, 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. (n)
176.3. Notwithstanding the foregoing provisions, the
Government is not precluded from receiving and holding
copyrights transferred to it by assignment, bequest
or otherwise; nor shall publication or republication
by the Government in a public document of any work in
which copyright is subsisting be taken to cause any
abridgment or annulment of the copyright or to authorize
any use or appropriation of such work without the consent
of the copyright owner. (Sec. 9, third par., P.D. No.
49)
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