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Copyrights 1: Rights & Registration for Writers, Artists & Producers (Intellectual Property Phils.) — Transcript

by Atty. Javier Philippine Law Lectures for Students · 4,394 words · 688 segments · language en · Watch on YouTube

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0:01Hi guys, welcome to another episode of
0:03attorney love vlog. Today we continue
0:06with our discussion on the intellectual
0:08property code and specifically for today
0:11we'll begin with a topic of copyrights.
0:15Now if you like my videos and you want
0:16to see more, please hit the subscribe
0:18button. Also, please remember that this
0:21is only for educational purposes and is
0:23not a substitute for proper legal advice
0:26or for studying and understanding the
0:28law. Now, a like on this video or any of
0:31my other videos would also be greatly
0:33appreciated. Now, you can also find me
0:36on Alex at www.alexleal.ph.
0:42Alex is an online directory of lawyers,
0:45which makes it easy for people like you
0:48to connect with lawyers like me for
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0:56I will insert a link to my profile in
0:58the description below so that you can
1:01easily reach out or schedule an
1:03appointment with me. Okay, just check
1:05the description below. Now, the law on
1:09copyright is found in the intellectual
1:12property code which is Republic Act
1:14number 8293 as amended. Being an
1:17intellectual creation, it is a mode of
1:20acquiring ownership. Now, what is a
1:23copyright? A copyright is an intangible
1:27incorporeal right to certain literary,
1:31scholarly, scientific and artistic
1:34productions which is granted by law to
1:37the author or creator of the work. It is
1:40an original intellectual creation and it
1:44is protected from the moment that it is
1:47created. Okay, this is very important. A
1:50copyright the the work subject of the
1:53copyright is protected from the moment
1:55of its creation.
1:57Take note that the copyright is
1:59different from the property in the
2:02material object subject of the
2:05copyright. Okay. What works are
2:08protected by a copyright? In general, we
2:11have two. We have the original and we
2:12have the derivative works. Original
2:15works are literary and artistic works
2:19which are protected from the moment of
2:21their creation irrespective of the mode
2:24or form of expression of their content,
2:26quality or purpose. So the law gives a
2:30very long list which gives us some
2:32examples but of course the list is not
2:34exclusive. Some examples are books,
2:38articles, newspapers, lectures, sermons,
2:42dissertations,
2:43letters, dramatic or musical
2:46compositions, choreographic works like
2:50dancing, no illustrations, ornamental
2:52designs, drawings, maps, sketches,
2:56cinematographic works or films, no
2:59advertisements, computer programs and
3:02other literary, scholarly, scientific
3:05ific and artistic works. However, while
3:08that list is not exclusive, take note of
3:11the case of Pearl versus Shoe Mart where
3:15a copyright was filed for advertising
3:18light boxes. No, if uh you're my age,
3:21no, you would have reached this uh
3:24advertising light boxes in cinemas. No,
3:26where there is a poster and in within a
3:29box that is lit up. No. So that uh it
3:32seems that it is uh uh illuminated.
3:35Okay. So uh the copyright was filed for
3:39these advertising light boxes by its
3:42inventor which is Pearl and Dean and
3:45Pearl and Dean as the inventor it leased
3:47out those light boxes to SM. However, SM
3:52Schumart no engaged other entities to
3:55create light boxes for the use of SM.
3:58So, of course, Pearl s sued SM for
4:01infringement. And the Supreme Court
4:04ruled in favor of SM, okay, SM1, saying
4:08that a copyright is a purely statutory
4:11right or a right granted by law. And
4:13therefore, the rights granted are
4:16limited to what the law gives. As such,
4:20the copyright of pearl over the light
4:23boxes extended only to the technical
4:26drawings over the light boxes and not to
4:29the box itself because the box itself is
4:32not a literary or artistic piece. Pearl
4:36would have succeeded in the infringement
4:39case if what SM had done was to reprint
4:44the technical drawings without Pearl's
4:46consent. Okay. In order for Pearl to
4:50have protected itself with regard to the
4:52boxes, what Pearl should have done
4:55instead of securing a copyright was to
4:58secure a patent over that invention
5:01which unfortunately they did not. They
5:03secured a copyright and that's why they
5:05lost in this case. Please just read the
5:08case to understand it better. Okay. Now
5:12that's for original works. As for
5:14derivative works, these are works as
5:16from the name itself, they are derived
5:18from an original and they include
5:21dramatizations. No, you dramatize the
5:23original, translations, translate, you
5:26translate it, no adaptations,
5:28abridgements, arrangements and other
5:31alterations of the literary or artistic
5:34works. And derivative works also include
5:38collections of literary, scholarly or
5:41artistic works. They also include
5:44compilations of data and other materials
5:47which are original by reason of their
5:50selection or coordination or arrangement
5:53of their contents. Okay. So the law
5:56under section 175 also states what works
6:01are not protected. Okay. Take note of
6:04this list. It's also very long. The
6:07first work that is not protected would
6:09be any idea, procedure, system, method
6:13or operation, concept, principle,
6:16discovery or mere data as such. Even if
6:20they are expressed, explained,
6:22illustrated or embodied in a work. Okay,
6:25just an idea that's not copyrightable.
6:28No, or just a principle that's not
6:30copyrightable. Another uh work that is
6:33not protected would be news of the day.
6:36Okay, news of the day or other
6:38miscellaneous facts having the character
6:42of mere items of press information.
6:45Another work that is not protected would
6:47be any official text of a legislative,
6:50administrative or legal nature as well
6:53as any official translation thereof.
6:56Okay. So there can be no copyright over
6:58the law. No, like like this the law on
7:00copyrights 8 RA8293.
7:02Okay, you cannot copyright that. Also,
7:05under section 176,
7:08no copyright shall subsist in any work
7:11of the government of the Philippines.
7:13However, even if there can be no
7:15copyright over any government work, in
7:19case that government work will be
7:20exploited for profit, then you have to
7:23get the approval of the appropriate
7:25government agency or office. Of course,
7:28no approval is necessary for the use in
7:31any purpose of statutes or laws, rules
7:35or regulations, speeches, lectures,
7:37whether given in court or in Congress.
7:40Okay? But take note that the author of
7:44those speeches, no in Congress or in
7:46court, that author is given the
7:48exclusive right to make a collection of
7:52his work. Okay? So he can he has the
7:54exclusive right to collect all the
7:56speeches he has ever made and publish
7:58them into a book or a video if he wants.
8:01Okay?
8:03That said, even though there can be no
8:05copyright in government work, the
8:07government may still receive and hold
8:09copyrights over different matter which
8:12may be transferred to it by assignment
8:14or other modes of transfer. So
8:17government government work by itself is
8:19not copyrightable but the government can
8:22hold copyrights over other things.
8:26So a copyright is protected from the
8:28moment of its creation. Okay. From the
8:31creation of the work and what is the
8:33scope of the protection? A copyright
8:36gives protection to the author of the
8:38work and his heirs by punishing
8:41infringement which we'll talk about in
8:43the next video and by giving certain
8:46economic and moral rights. So let's
8:49begin with the economic rights. Economic
8:53rights consist of the exclusive rights
8:56to carry out, authorize or prevent the
9:00following acts. Okay, economic rights
9:02meaning uh something you derive money
9:04from. Okay, so they have the exclusive
9:07rights to carry out the following.
9:09First, the reproduction of the work or a
9:12substantial portion of the work. Okay.
9:14So if you have the copyright over let's
9:16say a book, you have the exclusive right
9:18to have it reproduced or even just a
9:20portion of that book to have it re
9:22reproduced.
9:23Second, dramatization, translation,
9:26adaptation, abridgement, arrangement or
9:29other transformation of the work. Okay,
9:31that's the second economic right. Third,
9:34the first public distribution of the
9:37original and each copy of the work by
9:40sale or other forms of transfer of
9:43ownership. Fourth, rental of the
9:46original or a copy of an audiovisisual
9:49or cinematographic work, a work embodied
9:52in a sound recording, a computer
9:55program, a compilation of data and other
9:58materials or or even a musical work in
10:01graphic form. Okay. meaning those notes
10:04no on the uh tab. Okay. Irrespective of
10:08the ownership of the original or the
10:10copy which is the subject of the
10:12renewal. Fifth, okay, the one of the
10:16economic rights is the exclusive right
10:17to carry out a public display of the
10:21original or a copy of the work. Sixth to
10:25carry out a public performance of the
10:27work and seventh other communication of
10:30the to the public of the work.
10:34So in general these rights exist during
10:37the lifetime of the author and for 50
10:40years after his death. Okay. Further the
10:44law grants the author a right to receive
10:47proceeds in subsequent transfers of the
10:50work. Okay. So let's say he makes a
10:53first transfer and then the transferey
10:55transfers it again and again and again.
10:58The author still uh is given the right
11:00to receive proceeds from those
11:02subsequent transfers and this right is
11:05known as the droid suite. Okay. Under
11:09section 200, the author or his heirs
11:13shall have an inalienable right to
11:16receive 5% of the gross proceeds of the
11:19subsequent sale or lease of the work,
11:22which right shall exist during the
11:24lifetime of the author and for 50 years
11:27after his death. However, take note, no,
11:30this is the exception. The rule shall
11:33not apply to prints, etchings,
11:35engravings, works of applied art or
11:38works of similar kind where the author
11:41primarily derives gain from the proceeds
11:43of reproductions.
11:46Okay.
11:48Now we can move on to the moral rights.
11:51And when we say moral rights, the
11:54author, even if he assigns or licenses
11:56the work, the author still has or
12:00retains the following rights. First, the
12:03right to require that the authorship of
12:05the works be attributed to him. Okay? He
12:09can require the uh lency or the holder,
12:13hey, you have to state my name that that
12:15work is made by me. Okay? in particular
12:18the right that his name as far as
12:20practicable be indicated in a prominent
12:23way on the copies and in connection with
12:26the public use of his work and this is
12:29the only moral right that shall last not
12:32only during the lifetime of the author
12:34but also in perpetuity after his death
12:37so may forever. Okay. Now the following
12:41moral rights are cerminous with the
12:44economic rights. Cerminos meaning that
12:46during the lifetime of the author and
12:48for 50 years after his death. Okay. The
12:51following. First to make any alterations
12:54of his work prior to or to withhold it
12:57from publication.
13:00Second, to object to object to any
13:03distortion, mutilation or other
13:05modification of or other derogatory
13:08action in relation to his work which
13:11would be prejuditial to his honor and
13:14reputation. And third, to restrain the
13:17use of his name with respect to any work
13:20that is not of his own creation or in a
13:23distorted version of his work.
13:27Take note that while economic rights may
13:30be transferred or assigned or subject to
13:33license, moral rights cannot be assigned
13:36or be subject of a license. This these
13:39moral rights stick with the author.
13:41Okay. The author retains them even
13:43though he may have assigned the economic
13:46rights or transferred economic rights.
13:49So who owns the copyright? Okay, how
13:53long does the copyright last? Okay, it
13:55depends on the nature of the work.
13:58First, for original and artistic works,
14:02the author owns the copyright and the
14:04copyright shall last during the life of
14:06the author and for 50 years after his
14:09death, meaning that the heirs can enjoy
14:11the rights after the author dies.
14:14Postumous works or works that are after
14:16the death of the author are also
14:19protected for the same period. And the
14:22term of protection subsequent to
14:24publication or death shall be deemed to
14:26begin on January 1 of the year following
14:30the event which give gave rise to them
14:32meaning uh publication or death. Okay.
14:37Second, in case of works of joint
14:40ownership, okay, the co-authors shall be
14:43the original owners of the copyright.
14:47Of course, if there is an agreement, you
14:49follow the agreement, okay? and in the
14:51absence of an agreement, the rights
14:54shall be governed by the rules on
14:56co-ownership.
14:58If a work of joint ownership consists of
15:01parts that can be used separately and
15:04the author of each part can be
15:06identified, then the author of each part
15:09shall be the original owner of the
15:10copyright in the part that he has
15:13created.
15:15If the economic these economic rights
15:18shall be protected during the life of
15:20the last surviving author and for 50
15:23years after his death. Okay. Now for
15:28work created by an author during and in
15:31the course of his employment. Okay.
15:34These are the rules to whom the
15:36copyright shall belong. If the creation
15:39of the object of the copyright the thing
15:41itself if the creation of the the object
15:44is not part of the regular duties even
15:47if the employee uses the time facilities
15:49and materials of the employer then the
15:52employee or the creator is the owner of
15:56the copyright. Okay.
15:59But if the work is a result of the
16:01performance of his regularly assigned
16:04duties, then the employer is the owner
16:07unless there is an agreement expressed
16:09or implied to the quary. So check first
16:12as always if there is an agreement. Now
16:16what about work which is commissioned by
16:18a person other than the employer of the
16:21author and who pays for it and the work
16:24is made in pursuance of the commission.
16:26Then the person who so commissioned the
16:29work shall have ownership of the work
16:31the object itself but the copyright
16:34shall remain with the creator unless
16:37there is a written stipulation to the
16:39contrary. Okay. Now what about
16:42audiovisisual work? Okay. Audiovisisual.
16:45No. The copyright shall belong to the
16:48producer, the author of the scenario,
16:51the composer of the music, the film
16:53director and the author of the work so
16:57adapted.
16:59Okay, the meaning the original. So all
17:01these people own that audiovisisual
17:03work. Okay. The producer shall exercise
17:06the copyright to an extent required for
17:09the exhibition of the work in any manner
17:12except for the right to collect
17:14performing uh performing license fees
17:17for the performance of musical
17:19compositions with or without words which
17:22are incorporated into the work. Unless
17:25of course there are contrary or other
17:28stipulations among the creators meaning
17:31that the creators can make different
17:33agreements.
17:35The term shall be 50 years from the date
17:39of publication and if it's unpublished
17:42from the date of the making.
17:45What about letters and private
17:47communications? No, which are in writing
17:49of course let's say love letters those
17:52are included. Now these letters are
17:54owned by the person to whom they are
17:57addressed. So if a lover sends a letter
17:59to his girlfriend, then the girlfriend
18:01owns those letters. But these letters
18:05cannot be published or disseminated
18:08without the consent of the writer or his
18:10heirs. However, the court may authorize
18:14their publication or dissemination if
18:17the public good or the interest of
18:19justice so requires.
18:22What about anonymous and pseudonmous
18:25works? Okay. Or when we say anonymous,
18:28you don't know who the author is. Or uh
18:30pseudonymous works, meaning those works
18:33uh written by an author using a
18:36different name. Okay.
18:38Publishers shall be deemed to represent
18:41the authors of articles and other
18:43writings published without the names of
18:46the authors or under pseudonyms unless
18:50the contrary appears or the pseudonyms
18:53or adopted name leaves no doubt as to
18:55the author's identity or if the author
18:58of the anonymous works discloses his
19:02identity. he reveals himself as hey I am
19:04really uh xyz author. Okay. So uh the
19:10copyright shall be protected for 50
19:12years from the date on which the work
19:15was first lawfully published. In case
19:18the author's identity is revealed or is
19:21no longer in doubt before the 50-year
19:23period expires, the copyright shall be
19:27protected during the life of the author
19:29and for 50 years after his death or the
19:32death of the last surviving author. In
19:35case of postumous, anonymous or
19:37pseudonmous works meaning anonymous or
19:40pseudonymous works that uh were
19:42published after the death of the author,
19:45then they shall be protected for 50
19:47years counted from the making of the
19:50work. Okay. So what about works of
19:53applied art? The protection shall be for
19:56a period of 25 years from the date of
19:59making. As for photographic works, the
20:03protection shall be from 50 years from
20:07the publication of the work and if
20:09unpublished 50 years from the making.
20:13What about performances which are not
20:15incorporated in recordings? Then 50
20:18years from the time from the end of the
20:21year in which the performance took
20:23place. For sound or image and sound
20:27recordings and for performance
20:29incorporated in such recordings they are
20:32protected for 50 years from the end of
20:34the year in which the recording took
20:36place. And uh finally in case of
20:39broadcasts
20:41the term shall be for 20 years from the
20:43date that the broadcast took place.
20:48Now the law grants specific economic
20:52rights to performers, producers of sound
20:55recordings and broadcasting
20:57organizations. These are known as the
21:00neighboring or related rights. Okay.
21:03First for performers,
21:06actors, singers, musicians, dancers and
21:09other persons who act, sing, declaim,
21:12play in, interpret or otherwise perform
21:15literary and artistic work. Okay. First,
21:19as regarding their performance, the
21:21right authorizing the broadcasting or
21:23other communication or transmission to
21:25the public of their performance, and the
21:28fixation, meaning the embodiment of
21:31sounds or the representations thereof
21:33from which they can be perceived,
21:35reproduced, or communicated through a
21:37device, or of their unfixed performance.
21:41These rights shall be maintained and
21:43exercised 50 years after their death by
21:47their heirs and in default of heirs the
21:50government where the protection is
21:52claimed. Okay.
21:55Again for performance they have the
21:57right to authorize broadcasting and the
22:00embodiment of what uh of what they made
22:02into a recording. Okay. That lasts for
22:0550 years.
22:07Next, the right of authorizing the
22:09direct or indirect reproduction of their
22:12performances fixed in sound recordings
22:15or audiovisisual works or fixations in
22:18any manner of or form. The next right,
22:21the right of authorizing the first
22:24public distribution of the original and
22:27copies of their performance fixed in
22:29recordings, okay? Or fixations through
22:32sale or rental or other forms of
22:35transfer. subject of course to the right
22:37to receive additional remuneration and
22:40in case the additional remuneration is
22:42not agreed upon then the law says they
22:46shall be receive at least 5% of the
22:49original compensation received for the
22:51first communication. Okay. Next right
22:55the right of authorizing the commercial
22:58rental to the public of the original and
23:01copies of the performances which are
23:03fixed in recordings. Okay. And uh the
23:07last the right of authorizing the making
23:10available to the public of their
23:12performance performances which are fixed
23:14in recordings. Okay.
23:18So performers also have the moral right
23:21with regard to their live oral
23:23performances. No oral AU no meaning uh
23:26auditory or performances which are fixed
23:29in sound recordings or in audiovisisual
23:33works or fixations to claim to be
23:36identified as the performer. No credits
23:38no they they should be listed in the
23:40credits and to object to any distortion
23:43mutilation or other modification of
23:46their performances. In short they can
23:49say
23:51performance. Okay. So that's for
23:54performers. Those are the neighboring or
23:56related rights. As for producers of
23:59sound recordings, they also have
24:01neighboring and related rights or
24:03related rights. No. So the person or the
24:07legal entity who or which takes the
24:09initiative and has the responsibility
24:12for the first fixation of the sounds of
24:15a performance or the representation of
24:17such sounds. They have the following
24:20rights. First, the following neighboring
24:23or associated rights. Now, first, the
24:25right to authorize the direct or
24:27indirect reproduction of their sound
24:29recordings in any manner or or form. No,
24:33meaning the placing of these
24:34reproductions in the market and the
24:36right of rental or lending. Next right
24:40is to authorize the first public
24:42distribution of the original and copies
24:45of their sound recordings through sale
24:47or rental. No. Next. right to authorize
24:51the commercial rental to the public of
24:53the original and copies of their sound
24:55recordings even after distribution by
24:58them or pursuant to author authorization
25:02by the producer. And last, the right to
25:06authorize the making available to the
25:08public of their sound recordings in such
25:10a way that members of the public may
25:13access the sound recording from a place
25:15and a time individually chosen or
25:18selected by them as well as other
25:20transmissions of a sound recording with
25:22like effect. Okay. And uh the last uh
25:27class which has uh neighboring rights
25:30would be broadcasting organizations
25:32which refer to natural may refer to a
25:35natural person or a juredical entity
25:38which is duly organized to engage in
25:41broadcasting. So they can enjoy the
25:44exclusive right to carry out authorize
25:46or prevent any of the following acts.
25:49First the rebroadcasting of their
25:52broadcasts. Okay. they can uh carry that
25:54out or they can prevent it. No. Second,
25:57the recording in any manner including
26:00the making of films or the use of
26:02videotape of their broadcasts for the
26:04purpose of communication to the public
26:08and the use of such records for fresh
26:11transmissions or for fresh recording.
26:16So uh take note that a literary,
26:18artistic or scholarly work is already
26:21protected from the moment of its
26:23creation. However, for additional
26:26protection, the law provides for the
26:28procedure of registration.
26:31Take note that registration is not
26:34necessary to protect the work as the
26:36copyright again exists from the moment
26:39of creation. for registration. Section
26:43191 gives us the rule at any time during
26:46the subsistence of the copyright, the
26:48owner of the copyright or of any
26:51exclusive right in the work may for the
26:53purpose of completing the records of the
26:55national library and the Supreme Court
26:57library. They may register and deposit
27:00with those libraries by personal
27:02delivery or by registered mail to
27:05complete copies or reproductions of the
27:07work in such form as may be prescribed
27:10by the libraries. Okay. Take note now I
27:14mentioned Supreme Court library but uh
27:16you only register there if uh uh if it
27:20uh pertains to some a work in the field
27:23of law. Okay? Otherwise everything else
27:25goes to the national library. Now uh
27:29again registration is not required okay
27:31registration and deposit with the
27:33library is not a condition of copyright
27:36protection and this is recognized in the
27:39website of the intellectual property
27:41office which says that recordation or
27:44deposit of your works is not necessary
27:47but authors and artists may opt to e
27:50execute an affidavit of ownership with
27:53the national library or the intellectual
27:56property office for the issuance of
27:59recordation and deposit. Okay, you can
28:02check out their website at uh
28:04ipoofill.gov.ph.
28:06I'll put it in the description below.
28:08Okay, in order to register your
28:10copyright online and they have
28:12instructions there, so it should be no
28:14problem at all. So, if registration is
28:18not necessary to protect the copyright,
28:20what's the use? Well, aside from serving
28:22as evidence of the copyright,
28:25okay, it also facilitates enforcement of
28:27the copyright after the author or the
28:29creator has died under section 198. The
28:34persons to be ch to to be charged with a
28:36postumous enforcement of copyrights
28:39shall be named in a written instrument
28:42which shall be filed with the national
28:43library and in their default the
28:46enforcement will devolve upon the
28:47author's heirs and in default of the
28:50heirs again the director of the national
28:53library.
28:54So how do we know that a copyright
28:56exists? Well, section 192 states that
29:00each copy of a work published or offered
29:03for sale may contain a notice bearing
29:07the name of the copyright owner and the
29:09year of its first publication. And in
29:12copies produced after the creator's
29:14death, then the year of such death.
29:17Since the the law uses the word may, the
29:20notice is not mandatory. However, take
29:22note that it is preferable. No, you
29:25would want to protect yourself in any
29:27way you can.
29:29Now, the law allows the owner of a
29:31copyright to transfer, assign, and
29:33license the copyright. Section 180.1
29:37states that the copyright may be
29:39assigned or licensed in whole or even in
29:42part. Okay. Within the scope of the
29:45assignment or license, the assenee or
29:48lency is entitled to all the rights and
29:51remedies which the assigner or licensor
29:54had with respect to the contract and
29:57this licensing or assignment must be
29:59written and the copyright owner has a
30:01right to regular statements of account.
30:04Okay. The assignment or license may be
30:07filed with the national library.
30:11Now in case of a submission of a
30:13literary, photographic or artistic work
30:16to a newspaper, magazine or periodical
30:19for publication that shall constitute
30:22only a license to make a single
30:24publication unless a greater right is
30:28expressly granted. No. So the parties
30:30can agree for a greater scope no in
30:33their agreement.
30:35Now, if two or more persons jointly own
30:38a copyright or any part thereof, neither
30:41of the owners shall be entitled to the
30:43to grant licenses without the prior
30:46written consent of the other owner. No,
30:48because you jointly own it. Okay? You
30:50have to get the consent of the other
30:51person. Now, I mentioned earlier that
30:54the copyright is distinct from the
30:56object or work subject of the copyright.
30:59Consequently, the transfer, assignment,
31:01or licensing of the copyright shall not
31:04by itself constitute a transfer of the
31:07material object.
31:10Nor shall a transfer or assignment of
31:13the sole copy or one or several copies
31:16of the work that will not imply
31:18transfer, assignment or licensing of the
31:22copyright. Okay. So uh again I discussed
31:25the rights and the duration of those
31:27rights and the procedure for
31:29registration. No uh in the next episode
31:32I'll be talking about infringement or
31:35the violation of the rights that I just
31:38discussed. Okay. So I hope you may have
31:40picked up a thing or two and I hope to
31:43see you next time guys. Okay. See you
31:44soon. Bye.

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