IPL WEEK 2- AUG 23-LAWS

(a) Dramatizations, translations, adaptations, abridgments, arrangements, and other

(b) Collections of literary, scholarly or artistic works, and compilations of data and other
CHAPTER IV
materials which are original by reason of the selection or coordination or arrangement of their
WORKS NOT PROTECTED
contents. (Sec. 2, [P] and [Q], P.D. No. 49)

Section 175. Unprotected Subject Matter. - Notwithstanding the provisions of Sections 172 and 173, 173.2. The works referred to in paragraphs (a) and (b) of Subsection 173.1 shall be protected as new
no protection shall extend, under this law, to any idea, procedure, system, method or operation, works: Provided however, That such new work shall not affect the force of any subsisting copyright
concept, principle, discovery or mere data as such, even if they are expressed, explained, illustrated or upon the original works employed or any part thereof, or be construed to imply any right to such use of
embodied in a work; news of the day and other miscellaneous facts having the character of mere items
the original works, or to secure or extend copyright in such original works. (Sec. 8, P.D. 49; Art. 10,
of press information; or any official text of a legislative, administrative or legal nature, as well as any TRIPS)
official translation thereof (n)

Section 174. Published Edition of Work. - In addition to the right to publish granted by the author, his
Section 176. Works of the Government. - 176.1. No copyright shall subsist in any work of the heirs, or assigns, the publisher shall have a copyright consisting merely of the right of reproduction of
Government of the Philippines. However, prior approval of the government agency or office wherein the the typographical arrangement of the published edition of the work. (n)
work is created shall be necessary for exploitation of such work for profit. Such agency or office may,
among other things, impose as a condition the payment of royalties. No prior approval or conditions
shall be required for the use of any purpose of statutes, rules and regulations, and speeches, lectures,
sermons, addresses, and dissertations, pronounced, read or rendered in courts of justice, before D. Ownership
administrative agencies, in deliberative assemblies and in meetings of public character. (Sec. 9, first Sec. 178 & 179
par., P.D. No. 49)

CHAPTER VI
OWNERSHIP OF COPYRIGHT
Cases:
1. Morrissey v. Proctor & Gamble, 379 F.2d 367 Section 178. Rules on Copyright Ownership. - Copyright ownership shall be governed by the following
2. Brandir International v. Cascade Pacific Lumber, 834 F.2d 1142 rules:
3. Pearl & Dean vs. Shoemart, 409 SCRA 231
4. Unilever vs. CA, 498 SCRA 334
5. Joaquin vs. Drilon, G.R. No. 108946, January 28, 1999 178.1 Subject to the provisions of this section, in the case of original literary and artistic works,
6. Sambar vs. Levi Strauss, G.R. No. 132604, March 06, 2002 copyright shall belong to the author of the work;
7. Ching vs. Salinas, G.R. No. 161295 , June 29, 2005
8. ABS-CBN vs. Gozon, 753 SCRA 1, March 11, 2015 178.2. In the case of works of joint authorship, the co-authors shall be the original owners of the
B. Idea-Expression Dichotomy 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
Cases: part that he has created;
1. Baker v. Selden, 101 U.S. 99
2. Feist Publications v. Rural Telephone, 499 U.S. 340
178.3. In the case of work created by an author during and in the course of his employment, the
C. Derivative Works copyright shall belong to:
Sections 173 & 174

(a) The employee, if the creation of the object of copyright is not a part of his regular duties
CHAPTER III even if the employee uses the time, facilities and materials of the employer.
DERIVATIVE WORKS
(b) The employer, if the work is the result of the performance of his regularly-assigned duties,
Section 173. Derivative Works. - 173.1. The following derivative works shall also be protected by unless there is an agreement, express or implied, to the contrary.
copyright:
 IPL WEEK 2- AUG 23-LAWS
178.4. 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 the work, but the copyright thereto shall remain with the creator, unless
there is a written stipulation to the contrary;

178.5. 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 producer 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

178.6. In respect of letters, the copyright shall belong to the writer subject to the provisions of Article
723 of the Civil Code. (Sec. 6, P.D. No. 49a)

Section 179. Anonymous and Pseudonymous Works. - For purposes of this Act, 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 doubt as to the author's identity, or if the author of the anonymous works discloses his
identity. (Sec. 7, P.D. 49)

Case:
1. Community vs. Reid, 490 U.S 730 (1989)