Copyright
Under the Philippine Intellectual Property Code (“IP Code”), copyright consists of the exclusive right to carry out, authorize or prevent: (1) the reproduction of the work or substantial portion of the work; (2) dramatization, translation, adaptation, abridgment, arrangement or other transformation of the work; (3) the first public distribution of the original and each copy of the work by sale or other forms of transfer of ownership; (4) the rental of the original or a copy of an audiovisual or cinematographic work, a work embodied in a sound recording, a computer program, a compilation of data and other materials or a musical work in graphic form, irrespective of the ownership of the original or the copy which is the subject of the rental; (5) the public display of the original or a copy of the work; (6) the public performance of the work; and (7) other communication to the public of the work (Section 177, IP Code).
Works Protected By Copyright
The following subject matter are protected by copyright
1) Literary and artistic works, including;
- books, articles and other writings;
- periodicals and newspapers;
- lectures, dissertations prepared for oral delivery, whether or not reduced in writing or other material form;
- letters;
- musical compositions, with or without words;
- drawings, paintings, architecture, sculpture, engraving, lithography or other works of art; models or designs for works of art;
- original ornamental designs or models for articles of manufacture, whether or not registrable as an industrial design, and other works of applied art;
- illustrations, maps, plans, sketches, charts and three-dimensional works relative to geography, topography, architecture or science;
- drawings or plastic works of a scientific or technical character;
- photographs;
- audiovisual works and cinematographic works;
- pictorial illustrations and advertisements;
- computer programs; and
- other literary, scholarly, scientific and artistic works.
2) Derivative works, including:
- dramatizations, translations, adaptations, abridgments, arrangements, and other alterations of literary or artistic works; and
- collections of literary, scholarly or artistic works, and compilations of data and other materials which are original by reason of the selection or coordination or arrangement of their contents.
3) Published edition of works.
In order to have copyright protection, the work must be an original creation. The ideas in the work need not be new, but the expression must be the product of the author’s or creator’s independent creation. It is not necessary that the works should pass a test of imaginativeness or novelty in order to qualify for copyright protection.
Deposit of Copyrighted Work
Registration is not a prerequisite in order for a work to be protected by copyright. While the IP Code requires copies or reproductions of copyrighted works to be deposited for registration with the National Library and/or the Supreme Court Library within three (3) weeks from the date of the first public dissemination or performance, the same is only for completion of library records. The registration and deposit of the work is purely for recording the date of registration and deposit of the work and is not conclusive as the copyright ownership or the term of copyrights or the rights of the copyright owner.
Notwithstanding, it is advisable for all copyright owners to deposit their works with the National Library and the Supreme Court for evidentiary purposes in enforcing and defending their copyright.
Requirements for Deposit of Copyright
The following are the requirements for the copyright deposit of a work with the Philippine National Library:
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Two (2) duly accomplished and notarized Copyright Application form;
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If the work applied for registration is published work, two (2) printed copies of the work, with copyright notice printed in front or at the back of the title page if it is a book and on any clear space thereof if non-book material. The copyright notice should be in the following format: Philippine Copyright [Year] by [Author];
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If the work applied for registration is unpublished work, two (2) manuscript and/or photocopies of the work without the copyright notice. “Unpublished work” for purposes of registration means that the work has not been disseminated to the public at the time of the registration;
- If the work applied for registration is an original ornamental design, a technical description of the design;
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If a third party is claiming copyright ownership of the work, a duly notarized waiver of copyright ownership executed by the author in favor of third party making the claim;
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If the applicant is a proprietorship or a corporation, a photocopy of the registration with the Department of Trade and Industry (“DTI”) or the Securities and Exchange Commission (“SEC”), as applicable;
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If the applicant is a non-resident foreigner, a Special Power of Attorney appointing a local agent authorized to prosecute the copyright application for his behalf;
To fill out the Copyright Application form, the following information are necessary:
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Name and complete address of copyright owner;
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Name of author;
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Country of which the author is a citizen;
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Title of the Work (Title as it appears on the front part of the title page of the work followed by the edition number, if any);
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Class to which the work belongs;
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Date when the work or printing was completed, place of completion, person or establishment making the printing or reproduction in copies;
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Day the work was placed on sale, sold or publicly distributed, place where sold, person or establishment who sold;
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Name and address of person to whom certificate of registration should be sent; and
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Unit price if reproduced in copies for sale.
Costs for Copyright Registration
As a member of the Intellectual Property Association of the Philippines (“IPAP”), our Firm adopts the Schedule of Minimum Attorneys' Fees agreed upon by all the members of the IPAP.
Please find below the costs in connection with the registration and deposit of copyrights:
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ACTIVITY
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PROFESSIONALFEES
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GOVERNMENT FEES
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Filing of original application (including forwarding of office action) with the National Library and the Supreme Court Library
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US$ 220.00
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The National Library imposes a registration fee of US$4.44. |
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Securing certificate of copyright
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180.00
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Other services not listed above
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100.00
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Contact Persons:
Downloadable Materials:
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