Moral Rights

In addition to his economic rights or a grant of an assignment with respect to such right, the author of a work also has the following moral rights:[1]

  • To require that the authorship of the works be attributed to him, in particular, the right that his name, as far as practicable, be indicated in a prominent way on the copies, and in connection with the public use of his work;[2]
  • To make any alterations of his work prior to, or to withhold it from publication;[3]

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Deposit and Notice

Within three weeks after the first public dissemination of performance by authority of the copyright owner of works subject of copyright protection (literary, artistic, and derivative works), they are to be registered and deposited with the National Library and Supreme Court Library for the purpose of completing the records therein.[1] The registration and deposit is to be done by personal delivery or by registered mail two complete copies or reproductions of the work in such form as the directors of said libraries may prescribe.[2] Only the above mentioned classes of work are to be accepted for deposit by the said libraries.[3]

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Limitations on Copyright

The following acts do not constitute copyright infringement:[1]

  1. The recitation or performance of a work, once it has been lawfully made accessible to the public, if done privately and free of charge or if made strictly for a charitable or religious institution or society;[2]
  2. The making of quotations from a published work if they are compatible with fair use and only to the extent justified for the purpose, including quotations from newspaper articles and periodicals in the form of press summaries, so long as the source and the name of the author, if appearing on the work, are mentioned;[3]
  3. The reproduction or communication to the public by mass media of articles on current political, social, economic, scientific, or religious topic, lectures, addresses, and other works of the same nature, which are delivered in public if such use is for information purposes and has not been expressly reserved, so long as the source is clearly indicated;[4]

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Special limitation: Fair use of a copyrighted work

The fair use of a copyrighted work for criticism, comment, news reporting, teaching, including multiple copies for classroom use, scholarship, research, and similar purposes is not an infringement of copyright.[1]

Factors to determine fair use

In determining whether the use made of a work in any particular case is fair use, the factors to be considered include:[2]

  1. The purpose and character of the use, including whether such use is of a commercial nature or is for non-profit educational purposes;[3]
  2. The nature of the copyrighted work;[4]
  3. The amount and substantiality of the portion used in relation to the copyrighted work as a whole;[5] and
  4. The effect of the use upon the potential market for or value of the copyrighted work.[6]

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Transfer of Copyright

The copyright may be assigned in whole or in part.[1] Within the scope of the assignment, the assignee is entitled to all the rights and remedies which the assignor had with respect to the copyright.[2] The copyright is not deemed assigned inter vivos (during one’s life time) in whole or in part unless there is a written indication of such intention.[3]

The submission of a literary, photographic or artistic work to a newspaper, magazine or periodical for publication constitute only a license to make a single publication unless a greater right is expressly granted.[4]

If two or more persons jointly own a copyright or any part thereof, neither of the owners is entitled to grant licenses without the prior written consent of the other owner/s.[5]

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Rules on Ownership of Copyright

Copyright ownership is governed by the following rules:[1]

In general: author of the work

Subject to the rules hereunder, copyright belongs to the author of the work in case of original literary and artistic works.[2]

Joint Authorship

In the case of works of joint authorship, the co-authors are the original owners of the copyright, and in the absence of agreement, their rights will be governed by the rules on co-ownership. If, however, a work of joint authorship consists of parts that can be used separately and the author of each part can be identified, the author of each part is the original owner of the copyright in the part that he has created.[3]

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Copyright or Economic Rights

Subject to the limitations provided by law, copyright or economic rights consists of the exclusive right to carry out, authorize, or prevent the following acts:[1]

  • 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]

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