Ownership of Copyright

OWNERSHIP OF COPYRIGHT
Rules on Copyright Ownership

Copyright ownership shall be governed by the following rules:
1. In the case of original literary and artistic works, copyright shall belong to the author of the
work;
2. In the case of works of joint authorship, the co-authors shall be the original owners of the
copyright and in the absence of agreement, their rights shall 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 shall be the original
owner of the copyright in the part that he has created;
3. In the case of work created by an author during and in the course of his employment, the
copyright shall belong to:
(a) The employee, if the creation of the object of copyright is not a part of his regular
duties even if the employee uses the time, facilities and materials of the employer.
(b) The employer, if the work is the result of the performance of his regularly-assigned
duties, unless there is an agreement, express or implied, to the contrary.
4. In the case of a work-commissioned by a person other than an employer of the author and
who pays for it and the work is made in pursuance of the commission, the person who so
commissioned the work shall have ownership of work, but the copyright thereto shall remain
with the creator, unless there is a written stipulation to the contrary;
5. In the case of audiovisual work, the copyright shall belong to the producer, the author of the
scenario, the composer of the music, the film director, and the author of the work so adapted.
However, subject to contrary or other stipulations among the creators, the producers shall
exercise the copyright to an extent required for the exhibition of the work in any manner,
except for the right to collect performing license fees for the performance of musical
compositions, with or without words, which are incorporated into the work; and
6. In respect of letters, the copyright shall belong to the writer subject to the provisions of
Article 723 of the Civil Code.
Anonymous and Pseudonymous Works

The publishers shall be deemed to represent the authors of articles and other writings
published without the names of the authors or under pseudonyms, unless the contrary appears,
or the pseudonyms or adopted name leaves no doubts as to the author’s identity, or if the
author of the anonymous works discloses his identity.
TRANSFER OR ASSIGNMENT OF COPYRIGHT
Rights of Assignee
1. The copyright may be assigned or licensed in whole or in part. 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 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 shall constitute only a license to make a single publication unless a
greater right is expressly granted. If two (2) or more persons jointly own a copyright or any
part thereof, neither of the owners shall be entitled to grant licenses without the prior written
consent of the other owner or owners.
4. Any exclusivity in the economic rights in a work may be exclusively licensed. Within the
scope of the exclusive license, the licensee is entitled to all the rights and remedies which the
licensor had with respect to the copyright.
5. The copyright owner has the right to regular statements of accounts from the assignee or
the licensee with regard to assigned or licensed work.
Copyright and Material Object

The copyright is distinct from the property in the material object subject to it.
Consequently, the transfer, assignment or licensing of the copyright shall not itself constitute a
transfer of the material object. Nor shall a transfer or assignment of the sole copy or of one or
several copies of the work imply transfer or assignment or licensing of the copyright.
Filing of Assignment of License

An assignment or exclusive license may be filed in duplicate with the National Library
upon payment of the prescribed fee for registration in books and records kept for the purpose.
Upon recording, a copy of the instrument shall be, returned to the sender with a notation of the
fact of record. Notice of the record shall be published in the IPO Gazette.
LIMITATIONS ON COPYRIGHT
The following acts shall not constitute infringement of copyright:

(a) 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;
(b) 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: Provided, That the source and the name of the
author, if appearing on the work, are mentioned;
(c) 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:Provided, That the source is clearly indicated;
(d) The reproduction and communication to the public of literary, scientific or artistic works as
part of reports of current events by means of photography, cinematography or broadcasting to
the extent necessary for the purpose;
(e) The inclusion of a work in a publication, broadcast, or other communication to the public,
sound recording or film, if such inclusion is made by way of illustration for teaching purposes
and is compatible with fair use: Provided, That the source and of the name of the author, if
appearing in the work, are mentioned;
(f) The recording made in schools, universities, or educational institutions of a work included in
a broadcast for the use of such schools, universities or educational institutions: Provided, That
such recording must be deleted within a reasonable period after they were first
broadcast: Provided, further, That such recording may not be made from audiovisual works
which are part of the general cinema repertoire of feature films except for brief excerpts of the
work;
(g) The making of ephemeral recordings by a broadcasting organization by means of its own
facilities and for use in its own broadcast;
(h) The use made of a work by or under the direction or control of the Government, by the
National Library or by educational, scientific or professional institutions where such use is in the
public interest and is compatible with fair use;
(i) The public performance or the communication to the public of a work, in a place where no
admission fee is charged in respect of such public performance or communication, by a club or
institution for charitable or educational purpose only, whose aim is not profit making, subject to
such other limitations as may be provided in the Regulations; (n)
(j) Public display of the original or a copy of the work not made by means of a film, slide,
television image or otherwise on screen or by means of any other device or process: Provided,
That either the work has been published, or, that original or the copy displayed has been sold,
given away or otherwise transferred to another person by the author or his successor in title;
and
(k) Any use made of a work for the purpose of any judicial proceedings or for the giving of
professional advice by a legal practitioner.
(l) The reproduction or distribution of published articles or materials in a specialized format
exclusively for the use of the blind, visually – and reading – impaired persons: Provided, That
such copies and distribution shall be made on a nonprofit basis and shall indicate the copyright
owner and the date of the original publication.

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OWNERSHIP OF COPYRIGHT

Rules on Copyright Ownership

Anonymous and Pseudonymous Works

TRANSFER OR ASSIGNMENT OF COPYRIGHT

Copyright and Material Object

Filing of Assignment of License

The following acts shall not constitute infringement of copyright:

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