Professional Documents
Culture Documents
Note:
With this international legal framework, actors like Dolphy, whose movies have brought
happiness to generations of Filipinos for 5 decades, are assured that their performances are
protected all over the world and can be a continuing source of revenues for them
Kho vs CA
Right over literary and artistic works which are original intellectual creations in the literary and artistic
domain protected from the moment of creation.
Columbia Pictures vs CA
Since Sec. 2 of PD 49 provides that “the right granted under this Decree shall, from the moment of
creation, subsist with respect to any of the following classes of works,” then even with respect to works
which are required under the Decree to be registered and with copies to be deposited with National
Library, the failure to comply with said requirements does not deprive the copyright owner of the right
to sue for infringement; it merely limits the remedies available to him and subjects him to the
corresponding sanction.
Sec. 172
Rights are conferred from the moment of creation
The work is deemed created if something original is expressed in a fixed manner
Copyright vs Patents
A patent gives the inventor the right to exclude all others. As a patentee, he has the exclusive right of
making, selling or using the invention. To be able to effectively and legally preclude others from copying
and profiting from the invention, a patent is a primordial requirement. No patent, no protection. The
ultimate goal of a patent system is to bring new designs and technologies into the public domain
through disclosure. Ideas, once disclosed to the public without the protection of a valid patent, are
subject to appropriation without significant restraint. An exclusive enjoyment is guaranteed him for 17
years, but upon the expiration of that period, the knowledge of the invention inures to the people, who
are thus enabled to practice it and profit by its use.
The law confers the copyright from the moment of creation and the copyright certificate is issued upon
registration with the National Library of a sworn ex-parte claim of creation. Therefore, not having gone
through examination for patents, the petitioner cannot exclude others from the manufacture, sale or
commercial use of the light boxes on the sole basis of its copyright certificate over the technical
drawings.
“Poster Ads” could validly qualify as a trademark. The failure of P & D to secure a trademark registration
for specific use on the light boxes meant that there could not have been any trademark infringement
since registration was an essential element thereof. “Poster Ads” was generic and incapable of being
used as a trademark because it was used in the field of poster advertising, the very business engaged in
by petitioner. Doctrine of secondary meaning means that a word or phrase originally incapable of
exclusive appropriation with reference to an article in the market (because it is geographically or
otherwise descriptive) might nevertheless have been used for so long and so exclusively by one
producer with reference to his article that, in the trade and to that branch of the purchasing public, the
word or phrase has come to mean that the article was his property.
Does the copyright over the engineering drawings extend ipso facto to the actual light boxes depicted
or illustrated in the said drawings?
Copyright registration of a drawing or pictorial illustration which depicts light boxes or box-type
electrical devices protects the drawing but not the light box depicted therein
Copyrightable Objects
A. Original Literary and Artistic Works
Books, pamphlets, articles and other writings
Periodicals and newspapers
Lectures, sermons, addresses, dissertations prepared for oral delivery, whether or not reduced
in writing or other material form
Letters
Dramatic or dramatico-musical compositions
Choreographic works or entertainment in dumb shows
Musical compositions, with or without words
Works of drawing, painting, architecture, sculpture, engraving, lithography or other works of art,
models or designs for works of art
Original ornamental designs or models for articles or 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
Photographic works including works produced by a process analogous to photography
Lantern slides
Audiovisual works and cinematographic works and works produced by a process analogous to
cinematography or any process for making audio-visual recordings
Pictorial illustrations and advertisements
Computer programs
Other literary, scholarly, scientific and artistic works
B. Derivative Works
Dramatizations, translations, adaptations, abridgments, arrangements, and other alterations of
literary or artistic works
Collections of literary, scholarly or artistic works, and compilations of data and other materials
which are original by reason of the selection or coordination arrangement of their contents
Government Copyright
Prior approval shall be necessary for exploitation for such work for profit
Such agency or office may impose as a condition the payment of royalties
Not applicable to: statutes, rules and regulations, and speeches, lectures, sermons addresses,
and dissertation, pronounced, read or rendered in court of justice, before administrative
agencies, in deliberative assemblies and in meetings of public character
Authors of – speeches, lectures, sermons addresses, and dissertation, pronounced, read or
rendered in court of justice, before administrative agencies, in deliberative assemblies and in
meetings of public character has exclusive right of making a collection of his works
o Government has the right to receive/hold copyrights
o provide SC copies reproduced
That there is an infringement on the copyright of the show “RHODA AND ME” both in content and in the
execution of the video presentation are established because respondent’s “IT’S A DATE” is practically an
exact copy of complainant’s “RHODA AND ME” because of substantial similarities as follows:
The format of a show is not copyrightable. The format or mechanics of a television show is not included
in the list of protected works. The copyright does not extend to an idea, procedure, process, system,
method of operation, concept, principle, or discovery, regardless of the form in which it is described,
explained, illustrated, or embodied in such work. The copyright does not extend to the general concept
or format of its dating game show. A television show includes more than mere words can describe
because it involves a whole spectrum of visuals and effects, video and audio, such that no similarity or
dissimilarity may be found by merely describing the general copyright/format of both dating game
shows.
Copyright Ownership
One Creator – the creator, his heirs or assigns
Joint Creation – co-authors shall be the original owners
Commissioned Work – the person commissioning owns the work; ownership of copyright
remains with the creator, unless there is a written stipulation to the contrary
Audio-Visual Work – producer for purposes of exhibition; for all other purposes, the producer,
the author if the scenario, the composer, the film director, the photographic director and the
author of the work are the owners
Pseudonymous and Anonymous Works – unless the author is undisputedly known, the publisher
shall be presumed to be the representative of the author
Employee’s Work During Course of Employment – employer, if the result of regular functions or
duties but the employee owns it if it is not part of his duties
Rights of Authors/Creators
1. Right to Reproduce
2. Right to Prepare Derivative Works
3. Right to First Public Distribution
4. Right of Rental
5. Right to Display
6. Right to Perform
7. Other Communication to the Public
Reproduction – the making of 1 or more copies, temporary or permanent, in whole or in part, of a work
or a sound recording in any manner or form
Public Performance – 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
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
Communication to the Public or Communicate to the Public – any communication to the public,
including broadcasting, rebroadcasting, retransmitting by cable, broadcasting and retransmitting by
satellite, and includes 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
Note:
Duration lifetime + 50 yrs
o Paternity perpetual
Moral rights are not assignable but may be waived
NO Waiver:
o If the creator's name will be used to damage the reputation of another person
o If the creator's name will be used to give credit to something he or she did not make
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
He may be held liable for damages for breach of such contract
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
Moral Rights
Right to proceeds in subsequent Transfers of Copyright
Sale or lease of work
o 5% of gross sales during lifetime + 50 yrs after death of author
o Not covered:
Prints, etchings, engravings, works of applied art, works wherein author
primarily derives gain from the proceeds of reproductions
Rights of Publishers
a) Right to publish granted by the author, his heirs, or assigns
b) Right of reproduction of the typographical arrangement of the published edition of the work
c) If submitted to newspaper/magazine, the right to publish once materials sent by a writer, a
photographer, an artist to a periodical or newspaper publisher, but such writer or artist retains his
copyright on the piece