Escolar Documentos
Profissional Documentos
Cultura Documentos
Definitions
a. author
b. no definition of Copyright
c. originality – means that the work owes its creation
to the author and this in turn means that the work
must not consist of actual copying. It is
independently created by the author. No large
measure of novelty is necessary. It is enough that
the author contributes something more than a
“merely trivial” variation, something recognizably
his own.
- sculptural works that realistically depict animals
are original.
- Norma Ribbon & Trimming v. Little: “Ribbon
flowers” do not possess originality having existed
since the 18th century.
Basic Principles
Basic Principles
c. Protection is on the EXPRESSION of the idea not the idea
itself.
• Joaquin v. Drilon, 302 SCRA 225
- The general concept or format of the dating game
show is not copyrightable. Only the audio visual
recording of each episode of Rhoda & Me are
covered by copyright
• Baker v. Selden (101 US 841)
- Copyright does not prohibit use of the
information taught and the forms included as
part of the work
• Pearl & Dean Inc. v. Shoemart et. Al
G.R. No. 148222, August 15, 2003
WORKS ENTITLED TO PROTECTION
a. Original works
• adaptations of classics
- Waldman v. Landoll
• periodicals and newspapers and other writings
- fabric designs, such as art work on sweaters are
“writings”
• lectures, sermons…. Prepared for oral delivery
• letters
• dramatic works, choreographic works or entertainment
in dumb shows
- dramatic works imply a story consisting of plot and
incident
b. Derivative works
• In order a work to qualify as a derivative work it
must be independently copyrightable…. there must
be at least some substantial variation from the
underlying work, not merely trivial variation.
However by, definition, a derivative work is
substantially similar to the original work…. a license
is required to transform it to a derivative work!
Copyright ownership
a. Original works
b. Works of joint authorship
c. Works by employees
d. Commissioned works
• Ownership of the work belongs to the
person who commissioned the work,
but the Copyright to it belongs to the
creator.
e. Audiovisual works
f. Letters
g. Anonymous or pseudonymous works
Assignment of Copyright
Limitations on Copyright
a. Recitation/ performance of a work if done
privately or for charitable/ religious
institution
• FILSCAP v. Tan, 148 SCRA 461
b. Quotations compatible with fair-use
provided source is named
• Habana v. Robles, 310 SCRA 511
“The similarity in style and the manner
the books were presented and the
identical examples cannot pass as
similarities merely because of technical
considerations.
Limitations on Copyright (continued)
Limitations (continued)
c. The amount and substantiality of the
portion used in relation to the
copyrighted work as a whole; and
d. The effect of the use upon the potential
market for or value of the copyrighted
work.
• See: Sony Corp. v. Universal City
Studios Inc. 464 U.S. 417, Supreme
Court 984
• MGM v. Grokster 545 U.S. Supreme
Court, June 27, 2005
Other limitations to Copyright
a. Work of architecture
Includes the right to control the erection of any building
which reproduces the whole or substantial part of the work
b. Reproduction of published work
The reproduction of a single copy exclusively for private use
is allowed.
This shall not extend to the reproduction of:
• a work of architecture;
• an entire book or substantial part thereof;
• a musical work in graphic form;
• a compilation of data;
• a computer program except for only one back up copy.
c. Importation for personal purpose
Term of Copyright
a. Attribution of authorship
b. Publication right
c. Right to protect the integrity
of the work
Droite de Suite
• Same as copyright
NEIGHBORING RIGHTS
These are rights of:
Definitions (continued)
c. audiovisual work or fixation
• is a work that consists of a series of
related images which impart the
impression of motion, with or without
accompanying sounds, susceptible of
being made audible;
d. fixation
• means the embodiment of sounds, or of
the representations thereof, from which
they can be perceived, reproduced or
communicated through a device;
Definitions (continued)
e. producer of sound recording
• Responsible for the first fixation of sounds
of a performance or other sounds or
representation of sounds;
f. broadcasting
• means the transmission by wire-less means
for the public reception of sounds or of
images or of representations thereof; such
transmission by satellite is also
“broadcasting” where the means for
decrypting are provided to the public by the
broadcasting organization or with its
consent;
Definitions (continued)
g. “Communication to the public of a
performance or a sound recording”
• means the transmission to the public, by
any medium, otherwise than by
broadcasting, of sounds of a
performance or the representations of
sounds fixed in a sound recording. For
purposes of Section 209,
“communication to the public” includes
making the sounds or representations of
sounds fixed in a sound recording
audible to the public.
Economic Rights of Performers
Performers shall enjoy the following exclusive rights:
a. As regards their (live) performances, the
right of authorizing:
i. The broadcasting and other
communication to the public of their
performance (note: this refers to their live
performance).
ii. The fixation of their unfixed
performance.
b. The right of authorizing the direct or
indirect reproduction of their performance fixed in
sound recording, in any manner or form;
Limitations
• Same as copyright (in so far
as they are applicable)
Rights of producers of sound recording
Producers of sound recordings shall enjoy the
following exclusive rights:
a. The right to authorize the direct or indirect
REPRODUCTION of their sound recordings, in any
manner or form;
b. The right to authorize the FIRST PUBLIC
DISTRIBUTION of the original and copies of their
sound recordings through sale or other forms of
transfer ownership; and
c. The right to authorize the commercial
RENTAL to the public of the original and copies of their
sound recording, even after distribution by them by or
pursuant to authorization by the producer
Limitations
• Same as in copyright (mutatis
mutandis)
COPYRIGHT INFRINGEMENT
Remedies
a. Judicial: Civil or Criminal
Jurisdiction : RTC (Commercial Courts)
b. Administrative: (Bureau of Legal
Affairs, IPO
and DTI
Regional Offices)
COPYRIGHT INFRINGEMENT
Other principles
• mere possession of infringing articles for
sale, distribution or exhibit punishable
• presumption of authorship
The natural person whose name is
indicated on a work is presumed to be the
author of the work
• Notice to the defendant that work is
copyrighted is not required but proof of
access to the work must be established
COPYRIGHT INFRINGEMENT
Essential Elements of Copyright Infringement:
• Defendant had access to the copyrighted
work
• The defendant’s work is substantially
similar to the copyrighted work
• The ordinary observer test
(Habana v. Robles)
COPYRIGHT INFRINGEMENT
Civil Remedies for Infringement
• injunction restraining infringement
• payments of actual, moral and exemplary
damages
• impounding of sales invoices, all articles and
their packaging during pendency of the action
• Destruction without compensation of all of
any article which may serve as evidence in
court proceedings
COPYRIGHT
2. The author of a textbook entitled “College English of Today” (CET) sued the
author and publisher of Developing English Proficiency (DEP), a textbook for
English grammar, for copyright infringement. CET alleges that DEP copied
extensively CET’s style, manner and presentation and used examples that
are identical to those used by CET. DEP did not acknowledge at all that the
identical examples and the similarities in the style and manner of
presentation is sourced from CET. Will the action prosper?
COPYRIGHT
4. Pearl and Dean manufactures advertising display units (light boxes) ---
printed posters sandwiched between plastic sheets and illuminated with
black lights --- sued shoemart for installing exact copies thereof in its
establishments. Shoemart once offered to lease the “light boxes”/ The
action was for infringement of copyright on the “light boxes”. Will the action
prosper?
Source: WIPO
! a. Mr. Gill has the right on his books sold via the Internet,
and Company B’s action should be considered as an
infringement
! b. Mr. Gill does not have any right on his books sold on the
Internet as the delivery mechanism is different
! d. Mr. Gill has only moral right on the book sold via the Internet,
but not the economic rights
COPYRIGHT
10. Which of the following works cannot be protected under copyright:
! e. Computer programs
Source: WIPO