MALACAANG Manila PRESIDENTIAL DECREE No. 49 November 14, 1972 DECREE ON THE PROTECTION OF INTELLECT AL PROPERT!

WHEREAS, tremendous strides in science and technology have made necessary updating of the Copyright Law to give fuller protection to intellectual property and to encourage arts and letters, as well as stimulates scientific research and invention, at the same time safeguard the pu lic!s right to cultural information" lawphi1.net #$W, %HERE&$RE, ', &ER('#A#( E) MARC$S, *resident of the *hilippines, y virtue of the powers vested in me y the Constitution as Commander+in+Chief of all the Armed &orces of the *hilippines, and pursuant to *roclamation #o) ,-., dated Septem er /,, ,01/, and 2eneral $rder #o) , dated Septem er //, ,01/, as amended, do here y, order and ma3e as part of the law of the land the following measure4 CHAPTER 1 PRELIMINAR! PRO"ISION Se#$%o& 1. %his (ecree shall e 3nown as the 5(ecree on 'ntellectual *roperty)5 Se#$%o& 2. %he Rights granted y this (ecree shall, from the moment of creation, su sist with respect to any of the following classes of wor3s4 6A7 8oo3s, including composite and encyclopedic wor3s, manuscripts, directories, and ga9etteers" 687 *eriodicals, including pamphlets and newspapers" 6C7 Lectures, sermons, addresses, dissertations prepared for oral delivery" 6(7 Letters" 6E7 (ramatic or dramatico+musical compositions" choreographic wor3s and entertainments in dum shows, the acting form of which is fi:ed in writing or otherwise" 6&7 Musical compositions, with or without words" 627 Wor3s of drawing, painting, architecture, sculpture, engraving, lithography, and other wor3s of art" models or designs for wor3s of art" 6H7 Reproductions of a wor3 of art" 6'7 $riginal ornamental designs or models for articles of manufacture, whether or not patenta le, and other wor3s of applied art" 6;7 Maps, plans, s3etches, and charts" 6<7 (rawings, or plastic wor3s of a scientific or technical character" 6L7 *hotographic wor3s and wor3s produced y a process analogous to photography" lantern slides" 6M7 Cinematographic wor3s and wor3s produced y a process analogous to cinematography or any process for ma3ing audio+visual recordings" 6#7 Computer programs" 6$7 *rints, pictorial, illustration, advertising copies, la els, tags, and o: wraps" 6*7 (ramati9ation, translations, adaptations, a ridgements, arrangements and other alterations of literary, musical or artistic wor3s or of wor3s of the *hilippine 2overnment as herein defined, which shall e protected as provided in Section . of this (ecree)

6=7 Collection of literary, scholarly, or artistic wor3s or of wor3s referred to in Section 0 of this (ecree which y reason of the selection and arrangement of their contents constitute intellectual creations, the same to e protected as such in accordance with Section . of this (ecree) 6R7 $ther literary, scholarly, scientific and artistic wor3s) Se#$%o& '. %he rights granted y this (ecree shall not e lost e:cept in the num er specifically provided herein) #either shall they e su >ect to levy and attachment while in the possession of the creator or his heirs) Se#$%o& 4. #othing in this (ecree shall e deemed to alter or in any manner impair any other right or remedy of the persons protected y its provisions) CHAPTER II COP!RIGHT Ar$%#(e I S#o)e *&+ be&e,%#%*r%e- o, #o).r%/0$. Se#$%o& 1. Copyright shall consist in the e:clusive right" 6A7 %o print, reprint, pu lish, copy, distri ute, multiply, sell, and ma3e photographs, photo+ engravings, and pictorial illustrations of the wor3s" 687 %o ma3e any translation or other version or e:tracts or arrangements or adaptations thereof" to dramati9e it if it e a non+dramatic wor3" to convert it into a non+dramatic wor3 if it e a drama" to complete or e:ecute if it e a model or design" 6C7 %o e:hi it, perform, represent, produce, or reproduce, the wor3 in any manner or y any method whatever for profit or otherwise" it not reproduced in copies for sale, to sell any manuscript or any record whatsoever thereof" 6(7 %o ma3e any other use or disposition of the wor3 consistent with the laws of the land) Se#$%o& 2. %he creator or his heirs or assigns shall own the copyright in any of the wor3s mentioned in Section / of this (ecree) 'f the wor3s is produced y two or more persons, the copyright shall elong to them >ointly and their respective rights thereto shall e governed y the Rules of the Civil Code on co+ ownership) 'f the wor3 in which copyright su sists was made during and in the course of the employment of the creator, the copyright shall elong to" 6A7 %he employee, if the creation of the o >ect of copyright is not a part of his regular duties even if the employee uses the time facilities and materials of the employer) 687 %he employer, if the wor3 is the result of the performance of his regularly assigned duties, unless there is an agreement, e:pressed or implied, to the contrary) Where the wor3 is commissioned y a person who is not the employer of the creator and who pays or agrees to pay for it and the wor3 is made in pursuance of the commission, the person who so commissioned the wor3 shall have ownership of it ut the copyright thereto shall elong >oint ownership to him and the creator, unless there is a stipulation to the contrary) %he creators of a cinematographic or analogous wor3 are the producer, the author of the scenario, the composer of the music, the film director, the photographic director, and the author of the wor3 adapted) However, su >ect to contrary or other stipulation among the creators, the producer shall e:ercise the copyright to an e:tent re?uired for the e:hi ition of the wor3 in any manner, e:cept for the right to collect performing fees for the musical compositions, with or without words, which may e incorporated into the wor3) %he copyright in letters shall elong to the writer, su >ect to the provisions of Article 1/@ of the Civil Code)

Se#$%o& 7. &or purposes of this (ecree, articles and other writings pu lished without the names of the authors or under pseudonyms are considered as the property of the pu lishers, unless the contrary appears) Se#$%o& 3. %he wor3s referred to in su sections 6*7 and 6$7 of Section / of this (ecree shall, when produced with the consent of the creator or proprietor of the original wor3s on which they are ased, e protected as new wor3s" however, such new wor3s shall not affect the force of any su sisting copyright upon the original wor3s employed or any part thereof, or e construed to imply an e:clusive right to such use of the original wor3s, or to secure or e:tend copyright in such original wor3s) Se#$%o& 9. #o copy shall su sist in any wor3 of the 2overnment of the *hilippines) However, prior approval of the government agency or office wherein the wor3 is created shall e necessary for e:ploitation of such wor3 for profit) Such agency or office may, among other things, impose as a condition the payment of royalties) #o prior approval or condition shall e re?uired for the use for any purpose of statutes, rules and regulations, and speeches, lecturers, sermons, addresses, and dissertations pronounced, read or rendered in courts of >ustice efore administrative agencies, in deli erate assem lies, and in meetings of pu lic character) A 5Wor3 of the 2overnment of the *hilippines5 is a wor3 created y any officer or employee of the *hilippine 2overnment or any of its su divisions and instrumentalities, including government owned or controlled corporations as a part of his regularly prescri ed official duties) #otwithstanding the foregoing provisions, the 2overnment is not precluded from receiving and holding copyright transferred to it y assignment, e?uests or otherwise" nor shall pu lication or repu lication y the 2overnment in a pu lic document of any wor3 in which copyright is su sisting e ta3en to cause any a ridgment or annulment of the copyright or to authori9e any use of appropriation of such wor3 without the consent of the copyright proprietor) Ar$%#(e II L%m%$*$%o&- o& #o).r%/0$. Se#$%o& 14. When a wor3 has een lawfully made accessi le to the pu lic, the author shall not e entitled to prohi it" ,) 'ts recitation or performance 6A7 if done privately and free of charge" of 687 if made for strictly charita le or religious institution or society) /) Reproductions, translations and adaptations thereof destined e:clusively for personal and private use) Se#$%o& 11. %o an e:tend compati le with fair practice and >ustified y the scientific, critical, informatory or educational purpose, it shall e permissi le to ma3e ?uotations or e:erpts from a wor3 already lawfully made accessi le to the pu lic) Such ?uotations may e utili9ed in their original form or in translation) #ews items, editorials, and articles on current political, social, economic, scientific or religious topic may e reproduced y the press or roadcast, unless they contain or are accompanied y a notice that their reproduction or pu lication is reserved) 'n case of musical wor3s, parts of little e:tent may also e reproduced) =uotations and e:cerpts as well as reproduction shall always e accompanied y an ac3nowledgment of the source and name of the author) 'f his name appears thereon) Se#$%o& 12. 'n reports of a current event y means of photography, cinematography or roadcasting, literary, scientific or artistic wor3s which can e seen or heard in the course of said event may e reproduced and communicated to the pu lic to the e:tent necessary for the purpose) Se#$%o& 1'. Li raries, pu lic archives and museums have the right, su >ect to the conditions specified in the succeeding paragraphs, to produce for purposes of their activities y photographic means, and without the consent of the careta3er or proprietor, copies of a literary or artistic wor3) Materials forming part of the collections mentioned in the preceding paragraph which, y reason of their fragile character reproduced y photography for the purpose of loans) #evertheless, e:cept in cases where special reasons >ustify it, not more than two copies may e made) 't is e?ually permissi le to ma3e, y means of photography, reproduction of isolated articles contained in composite wor3s, as well as rief portions of other pu lished wor3s, in order to supply them, when this is considered e:pedient, to persons re?uesting their loan for purposes of research or study, instead of

lending the volumes or oo3lets which contain them) Each person see3ing loan may only receive one copy of each article or each portion of a wor3) When a copy of a wor3 is found to e incomplete, the missing portions may e reproduced y means of photography, provided they only constitute a minor portion of the total wor3) #evertheless, it shall not e permitted to produce a volume of a wor3 pu lished in several volumes or to produce missing tomes or part of maga9ines or similar wor3s, unless the volume, tome of part is out of stoc3 with oo3sellers, the printing house and the pu lisher) Every li rary which, y law, is entitled to receive one or two copies of a printed wor3 shall e entitled, when special reasons so re?uire, to reproduce, y means of photography or process analogous to photography, a copy of a pu lished wor3, the ac?uisition of which is considered necessary for the collections of the li rary, ut which is out of stoc3 with oo3sellers, the printing house and the pu lisher) A wor3 elonging to the collections mentioned in the first paragraph of this section which has not een disseminated may not e reproduced or pu lished without the consent of the creator or proprietor) However, such wor3 may e reproduced for purposes of preservation) Se#$%o& 14. 'f, after the e:piration of five years from the date of the first pu lication of a writing, a translation of such writings has not een pu lished in the national or other local language, as the case may e, the owner of the right of translation or with his authori9ation, any citi9en may o tain a non+ e:clusive license from the (irector of the #ational Li rary, to translate the wor3 and pu lish the wor3 so translated in the national or other local language in which it has not een pu lished" *rovided, %hat such citi9en esta lishes either that he has re?uested, and een denied, authori9ation y the proprietor of the right to ma3e and pu lish the translation, or that, after due diligence on his part, he was una le to find the owner of the right) A license may also e granted on the same conditions if all previous editions of a translation in such language are out of print) 'n oth cases the terms and conditions of the license, including the royalties of the author or proprietor of the original wor3, shall e stated therein) 'f the owner of the right of translation cannot e found, then the applicant for a license shall send copies of his application to the purchaser whose name appears on the wor3, and, if the nationality of the owner of the right of translation is 3nown, to the diplomatic or consular representative of the state of which such owner is a national, or to the organi9ation which may have een designated y the government of that state) %he license shall not e granted efore the e:piration of two months from the date of the dispatch of the copies of the application) #either shall it e granted when the author has withdrawn from circulation all copies of the wor3) %he original title and the name of the author of the wor3 shall e printed on all copies of the pu lished translation) Ar$%#(e III Tr*&-,er o, 5or6 *&+ #o).r%/0$ Se#$%o& 11. %he copyright may, y gift, inheritance or otherwise, e transferred or assigned in whole or in part) Such transfer or assignment shall entitle the transferee or assignee to all rights and remedies which the transferer or assignor had with respect to the copyright) %he copyright is not deemed transferred or assigned inter vivos in whole or in part, unless there is a written indication that such is the intention) %he su mission of a literary, photographic or artistic wor3 to a newspaper, maga9ine or periodical for pu lication shall constitute only a license to ma3e a single pu lication unless a greater right is e:pressly granted) Se#$%o& 12. %he copyright is distinct from the property in the material o >ect to it) Conse?uently, the transfer or assignment of the copyright shall not itself constitute a transfer of the material o >ect) #or shall a transfer or assignment of the sole copy or of one or several copies of the wor3 imply transfer or assignment of the copyright) Se#$%o& 17. An assignment or transfer inter vivos, or a license, must e in writing, ac3nowledged efore a notary pu lic or other officer authori9ed to administer oaths or perform notarial acts and certified under the hand and seal of the notary or other officer) %his section and section ,0 shall not apply to cases covered y the last paragraph of section ,A of this (ecree)

Se#$%o& 13. 'f two or more persons >ointly own a copyright or any part thereof, neither of the owners shall e entitled to grant license without the consent of the other owner or owners) Se#$%o& 19. Every assignment, license or other instrument relating to any right, title or interest in a copyright and to the wor3 su >ect to it shall e filed in duplicate with the #ational Li rary upon payment of the prescri ed fee for registration in oo3s and records 3ept for the purpose) Bpon recording, a copy of the instrument shall e returned to the sender with a notation of the fact of record) #otice of the record shall e pu lished in the $fficial 2a9ette) Such instrumentalities shall e void as against any su se?uent purchaser or mortgagee for valua le consideration and without notice unless it is recorded in the li rary prior to the su se?uent purchase or mortgage) Se#$%o& 24. When the creator of a wor3 in which copy right is su sisting dies, it shall e the duty of his heirs or assigns to file with the #ational Li rary for registration a written notice under oath of the date of the creator!s death) Bntil this is complied with, the limitation of remedies esta lished in Section /C of this (ecree shall e enforced) Ar$%#(e I" D7r*$%o& o, #o).r%/0$ Se#$%o& 21. %he copyright conferred y this (ecree shall endure during the lifetime of the creator and for fifty years after his death) 'n case of wor3s of >oint creation, the period of fifty years shall e counted from the death of the last surviving co+creator) Se#$%o& 22. 'n case of anonymous and pseudonymous wor3s, the copyright shall last until the end of fifty years following the date of their first pu lication) However, when the pseudonym adopted y the author leaves no dou t as to his identity, or if the author of anonymous or pseudonymous wor3 discloses his identity during the period mentioned in this section, the term of the protection shall e that fi:ed in the ne:t preceding section) Se#$%o& 2'. 'n the case posthumous wor3s which do not fall within the categories of the wor3s referred to in the ne:t two preceding sections, the terms of protection afforded to the heirs or assignees of the creator shall end at the e:piration of fifty years after his death) Se#$%o& 24. 'rrespective of the provisions of the foregoing sections of this article, the term shall e thirty years in the case of4 6A7 periodicals and newspapers, provided that material contained therein in which an independent copyright may e deemed to su sist shall e accorded the length or protection appropriate to it" 687 wor3s of applied art" 6C7 cinematographic or photographic wor3s as well as those produced or any process analogous to cinematography or photography or any process for ma3ing audio+visual recordings) Se#$%o& 21. %he term of protection su se?uent to the death of the creator provided in Section /, and /@ and the terms provided in Sections // and /D shall run from the date of his death or of pu lication, ut such terms shall always e deemed to egin on the first day of ;anuary of the year following the event which gives rise to them) Ar$%#(e " De)o-%$ *&+ &o$%#e Se#$%o& 22. After the first pu lic dissemination or performance y authority of the copyright owner of a wor3 falling under su sections 6A7, 687, 6C7 and 6(7 of Section / of this (ecree, there shall, within three wee3s, e registered and deposited with the #ational Li rary, y personal delivery or y registered mail, two complete copies or reproductions of the wor3 in such form as the (irector of said li rary may prescri e) A certificate of registration and deposit for which the prescri ed fee shall e collected) 'f, within three wee3s after receipt y the copyright owner of a written demand from the director for such deposit, the re?uired copies or reproductions are not delivered and the fee is not paid, the copyright owner shall e lia le to pay to the #ational Li rary the amount of the retail price of the est edition of the wor3) With or without a demand from the director, a copyright owner who has not made such deposit shall not e entitled to recover damages in an infringement suit and shall e limited to the other remedies specified in Section /@ of this (ecree) Se#$%o& 27. Each copy of a wor3 pu lished or offered for sale shall contain a notice earing the name of the copyright owner, the year of its first pu lication, and, in copies produced after the creator!s death, the year of such death)

&ailure to comply with the re?uirements of this section shall result in the limitation of remedies in the ne:t preceding section) Ar$%#(e. "I I&,r%&/eme&$ Se#$%o& 23. Any person infringing a copyright shall e lia le4 6A7 %o an in>unction restraining such infringement) 687 %o pay to the copyright proprietor or his assigns or heirs such actual damages as he may have due to the infringement as well as the profits the infringor may have made due to such infringement, and in providing profits the plaintiff shall e re?uired to prove sales only and the defendant shall e re?uired to prove every element of cost which he claims, or, in lieu of actual damages and profits, such damages which to the court shall appear to e >ust and which shall not e less than the sum of $ne %housand *esos, and shall not e regarded as penalty) 6C7 %o deliver under oath, for impounding during the pendency of the action, upon such terms and conditions as the court may prescri e, all articles alleged to infringe a copyright) 6(7 %o deliver under oath for destruction all infringing copies of devices, as well as all plates, molds, or other means for ma3ing such infringing copies as the court may order) 6E7 %o such other terms and conditions, including the payment or moral and e:emplary damages, which the court may deem proper, wise and e?uita le) Se#$%o& 29. Any person infringing any copyright secured y this (ecree or aiding or a etting such infringement shall e deemed guilty of a crime punisha le y imprisonment not e:ceeding one year or y fine not less than %wo Hundred *esos or more than %wo %housand *esos or oth, in the discretion of the court) Se#$%o& '4. Bnless authori9ed y the copyright proprietor concerned, importation into the *hilippines of any piratical copies or li3eness of any wor3 in which *hilippine copyright su sists is prohi ited, e:cept when imported under the following circumstances" &irst) When Copies of the wor3 are not availa le in the *hilippines and4 6A7 #ot more than one copy at one time is imported for strictly individual use only" or 687 %he importation is y authority of and for the use of the *hilippine 2overnment" or 6C7 %he importation, consisting of not more than three such copies of li3eness in any one invoice, is not for sale ut for the use only of any religious, charita le, or educational society or institution duly incorporated or registered, or is for the encouragement of the fine arts, or for any state school, college, university, or free pu lic li rary in the *hilippines) Second) When such copies from parts of li raries and personal aggage elonging to persons or families arriving from foreign countries and are not intended for sale provided such copies do not e:ceed three) Copies imported as allowed y this Section may not lawfully e used in any way to violate the rights of the proprietor of *hilippine copyright or annul or limit the protection secured y this (ecree, and such unlawful use shall e deemed an infringement and shall e punisha le as such without pre>udice to the proprietors right of action) %he Commissioner of Customs, su >ect to the approval of the Secretary of &inance, is here y empowered to ma3e rules and regulations for preventing the importation of articles the importation of which is prohi ited under this Section and for sei9ing and condemning and disposing of the same in case they are discovered after they have een imported) CHAPTER III RIGHT TO PROCEEDS IN S 8SE9 ENT TRANSFERS

Se#$%o& '1. 'n every sale or lease of an original wor3 of painting or sculpture or of the original manuscript of a writer or composer, su se?uent to the first disposal thereof y the creator, the creator or his heirs shall have an inaliena le right to participate in the gross proceeds of the sale or lease to the e:tent of five per centum 6AE7) %his right shall e:ist during the lifetime of the creator and for fifty years after his death) Se#$%o& '2. As a condition precedent to ma3ing a claim to the right esta lished in the preceding section for any wor3 mentioned therein, the wor3 must e registered in the #ational Li rary where a separate register shall e 3ept for this purpose) %he creator or his heirs designate a society of artists, writers or composers as agency to claim the right in his or their ehalf) 'n such case, the society shall forward the proceeds to the creator or his heirs upon their demand or at the end of every ?uarter of each calendar year) Se#$%o& ''. %he provisions of this Chapter shall not supply to prints, etchings, engravings, wor3s of applied art, or wor3s of similar 3ind wherein the creator primarily derives gain from the proceeds of reproduction) CHAPTER I" MORAL RIGHTS Se#$%o& '4. 'ndependently of the rights y Chapters '' and ''' of this (ecree or the grant of an assignment or license with respect to any of such rights, a creator shall have the right4 6A7 %o ma3e alterations of his wor3 prior to, or to withhold it from, pu lication" 687 %o re?uire that the authorship of the wor3s e attri uted to him" 6C7 %o o >ect to any alteration of his wor3 which is pre>udicial to his reputation" 6(7 %o restrain the use of his name with respect to any wor3 not of his own creation or in a distorted version of his wor3) Se#$%o& '1. A creator cannot e compelled to perform his contract to create a wor3 or for the pu lication of his wor3 already in e:istence) However, he may e held lia le for damages for reach of such a contract) Se#$%o& '2. A creator may assign or waive his rights mentioned in Section @D of this (ecree y a written instrument e:pressly so stating, ut no such assignment shall e valid where its effects is to permit another4 6A7 %o use the name of the creator, or the title of his wor3, or otherwise to ma3e use of his reputation with respect to any version or adaptation of his wor3 which, ecause of alterations therein, would su stantially tend to in>ure the literary or artistic reputation of the author" or 687 %o use the name of the creator with respect to a wor3 he did not create) Se#$%o& '7. When a creator contri utes to a collective wor3, li3e a newspaper or an encyclopedia, his right to have his contri ution attri uted to him is deemed waived unless he e:pressly reserves it) Se#$%o& '3. 'n the a sence of a special contract at the time a creator licenses or permits another to use his wor3, the necessary editing, arranging or adaptation of such wor3, for pu lication, roadcast, use in a motion picture, dramati9ation, or mechanical or electrical reproduction in accordance with the reasona le and customary standards or re?uirements of the medium in which the wor3 is to e used, shall not e deemed to contravene the creator!s rights secured y this chapter) #or shall complete destruction of a wor3 unconditionally transferred y the creator e deemed to violate such rights) Se#$%o& '9. %he rights of a creator under this chapter shall e perpetual and imprescripti le) %he person or persons to e charged with the posthumous enforcement of these rights shall e named in a writing to e filed with the #ational Li rary) 'n default of such person or persons, such enforcement shall devolve upon either the creator!s heirs or the (irector of the #ational Li rary acting in ehalf of the heirs) %he persons named y the creator in accordance with the foregoing paragraph or, in their a sence, the creator!s heirs shall have power to ma3e any assignment or license of the rights provided in this chapter

which would e within the power of the creator had he lived) 'f there are no heirs, the (irector of the #ational Li rary shall e:ercise the power) &or purposes of this Section, 5*erson5 shall mean any individual, partnership, corporation, association, or society) %he (irector of the #ational Li rary may prescri e reasona le fees to e charged for his services in the application of provisions of this Section) Se#$%o& 44. Fiolation of any of the rights conferred y this chapter shall entitle those charged with their enforcement to the same rights and remedies availa le to a copyright owner) 'n addition, damages which may e availed of under the Civil Code may also e recovered) Any damages recovered after the creator!s death shall e held in trust for and remitted to his heirs) CHAPTER " RIGHTS OF PERFORMERS, PROD CERS OF SO NDS, RECORDINGS AND 8ROADCASTING ORGANI:ATIONS Ar$%#(e I A- 7-e+ %& $0%- C0*)$er Se#$%o& 41. As used in this chapter4 6A7 5*erformers5 mean actors, singers, musicians, dancers, and other persons who act, sing, deliver, declaim, play in, or otherwise perform literary or artistic wor3) 687 5Sound Recording5 means any e:clusively aural fi:ation of sounds of a performance or of other sound) 6C7 5*roducer of sound records5 means the person who, or the legal entity which, first fi:es a performance or other sounds) 6(7 5*u lication5 means the issue of offering to the pu lic of copies of a sound recording in reasona le ?uantity) 6E7 5Reproduction5 means the ma3ing of a copy or copies of a recording) 6&7 58roadcasting5 means the transmission y wireless means for pu lic reception of sounds or of images and sound) 627 58roadcasting organi9ation5 shall include a sole proprietorship duly authori9ed to engage in roadcasting) Ar$%#(e II Per,ormerSe#$%o& 42. *erformers shall have the e:clusive right4 6A7 %o record or authori9e the recording of their performance on any recording apparatus for image andGor sound) 687 %o authori9e the roadcasting and the communication to the pu lic of their performance) 6C7 %o prohi it the reproduction of a recording of their performance" 6i7 if the original recording itself was made without their consent" 6ii7 if the reproduction is made for the purposes different from those for which the performers gave their consent" or 6iii7 'f the original recording was made for any of the purposes mentioned in Section DD of the reproduction is made for a different purpose) Se#$%o& 4'. *erformers shall have the right to decide whether their names will e mentioned when their performance is recorded or roadcast) %he provisions of chapter 'F shall apply to them) Se#$%o& 44. #otwithstanding the provisions of section D@ of this (ecree, performers may not o >ect to the recording4 6A7 of parts of their performance to e used in connection with the reporting of current events, or 687 of the entirety therefor which shall e used solely for the purpose of teaching or scientific research)

%he provisions of section ,/ of this (ecree shall also apply to performances) However, the provisions of this Section shall e without pre>udice to those of the ne:t preceding section) Se#$%o& 41. &or infringement of any of their rights, performers shall e entitled to" 6A7 An in>unction restraining such infringement" 687 %o recover such damages as may e recovera le under the Civil Code, or, in lieu thereof, such damages which to the court shall appear >ust and which shall not e less than %hree Hundred *esos) 6C7 %o the remedies provided in su sections 6C7 and 6(7 of Section /. of this (ecree ut with respect only to recordings of their performances and devises for ma3ing such recordings) Ar$%#(e III Pro+7#er- o, -o7&+ re#or+%&/Se#$%o& 42. *roducers of sound recordings shall have the e:clusive right to authori9e or prohi it the direct or indirect reproduction of their recordings and the placing of these reproductions in the mar3et) Se#$%o& 47. When a sound recording is used with the intention of ma3ing or enhancing profit, the producer of the recording has the right to a fair remuneration from the user) Se#$%o& 43. %he producer of a sound recording may also for id any use of this recording which would cause serious and unwarranted damage to his industrial interests) Se#$%o& 49. %here shall e indicated in each copy of a sound recording the title of the wor3 recorded, the name of the author and, su >ect to section D@ of this (ecree of the principal performers and the date of manufacture) Se#$%o& 14. Within one month after its manufacture, two copies of a sound recording shall e deposited, y personal delivery or y mail, with the #ational Li rary) Bpon such deposit, the (irector shall issue to the producer a certificate under the seal of the li rary indicating the fact and date of such deposit) %his certificate shall constitute a prima facie evidence of the facts stated therein) Ar$%#(e I" 8ro*+#*-$%&/ or/*&%;*$%o&Se#$%o& 12. 8roadcasting organi9ations shall en>oy the e:clusive right4 6A7 %o relay y wire or re roadcast their roadcasts) 687 %o record in any manner, including the ma3ing of cinematographic films or the use of video tape, their roadcasts for the purpose of ma3ing profit" 6c7 %o use such records for fresh transmissions or for fresh recording) Se#$%o& 1'. %he provisions of immediately preceding section shall not include the right to prohi it recording or roadcasts for strictly private use or solely for the purpose of teaching or scientific research) Se#$%o& 14. A roadcasting organi9ation, when any of its rights secured herein is infringed, shall e entitled4 6A7 %o have such infringement en>oined) 687 %o recover such damages as may e awarded under the Civil Code) 6C7 %he remedies provided in su sections 6C7 and 6(7 of section /. of this (ecree ut with respect only to unauthori9ed recordings of its roadcasts and devices for ma3ing such recordings) Ar$%#(e " Term o, Pro$e#$%o&

Se#$%o& 11. %he rights granted under this chapter shall e:pire after twenty years from the end of the year in which4 6A7 %he performance too3 place for performances not incorporated in recordings" 687 %he recording was made for sound or image and sound recordings and for performances incorporated therein" Ar$%#(e "I Pe&*($. Se#$%o& 12. %he prohi ition and penalties provided in section /0 shall apply to infringement of any of the rights granted in this chapter) CHAPTER "II INSTIT TION OF ACTIONS AND PROCEEDINGS Se#$%o& 27. All actions, suits and proceedings shall, regardless of the amount involved, e originally cogni9a le y Courts of &irst 'nstance) Se#$%o& 13. #o damages may e recovered under this (ecree after four years from the time the cause of action arose) Se#$%o& 19. Appeals shall e governed y the Rules of Court) CHAPTER "III MISCELLANEO S PRO"ISIONS Se#$%o& 24. All copies deposited and instruments in writing filed with the #ational Li rary in accordance with the provisions of this (ecree shall ecome the property of the 2overnment) Se#$%o& 21. %he section or divisions of the #ational Li rary charged with receiving copies and instruments deposited and with 3eeping records re?uired under this (ecree and everything in it shall e opened to pu lic inspection su >ect to such safeguards and regulations as may e prescri ed y director of the li rary) Se#$%o& 22. %he #ational Li rary shall collect the following fees4 6A7 &or the issuance of a certificate of deposit of copies of a wor3, five pesos" 687 &or each assignment, license, notice or other written instrument filed, ten pesos" 6C7 &or other services, in such amount as he may fi: y regulation, provided, that single fee shall e:ceed ten pesos) CHAPTER I< FINAL PRO"ISIONS Se#$%o& 2'. %he provisions of this (ecree shall apply to wor3s in which copyright protection o tained prior to the effectivity of this (ecree is su sisting4 *rovided, %hat the application of this (ecree shall not result in the dimunition of such protection) Se#$%o& 24. Act #o) @,@D, or otherwise 3nown as the 5Copyright Law of the *hilippine 'slands5, and all laws or provisions of law, orders or regulations inconsistent herewith are here y repealed) %his (ecree shall ta3e effect ,A days after pu lication in the $fficial 2a9ette) (one in the City of Manila, this ,Dth day of #ovem er, in the year of $ur Lord, nineteen hundred and seventy+two)