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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Representation in Insurance

A representation may be oral or written.[1] It may be made at the time of or before the issuance of the policy.[2] In the interpretation of a representation, the same rules as the language of contracts in general will be followed.[3]

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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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Concealment in Insurance

Concealment is a “neglect to communicate that which a party knows and ought to communicate.”[1] Thus, each party is required to communicate in good faith to the other all facts within his knowledge which are material to the contract and as to which he makes no warranty, and which the other has not the means of ascertaining.[2]

Best Legal Practices:

Disclose as much as possible – As a contract of insurance is one of uberrimae fidae (utmost good faith), each party should disclose as much as possible any relevant information.

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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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Insurable Interest

What constitutes insurable interest in life and health insurance

Every person has an insurable interest in the life and health of:[1]

  1. Himself, of his spouse, and of his children;[2]
  2. Any person on whom he depends wholly or in part for education or support, or in whom he has a pecuniary interest;[3]
  3. Any person under a legal obligation to him for the payment of money, or respecting property or services, of which death or illness might delay or prevent the performance;[4] and
  4. Any person upon whose life any estate or interest vested in him depends.[5]

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