MERCANTILE AND TAXATION LAWS > V. INTELLECTUAL PROPERTY > C. Copyrights > 1. Copyrightable Works

In the Philippines, copyright law is governed by the Intellectual Property Code of the Philippines (Republic Act No. 8293), which delineates the scope of intellectual property rights, including copyrightable works. This section will explore all relevant aspects of what constitutes copyrightable works under Philippine law, addressing the rights of creators, exclusions, and nuances of copyright protection.

1. Definition and Scope of Copyrightable Works

General Definition: Copyright is the legal protection granted to the creators of original literary, scholarly, scientific, artistic, and derivative works. It grants the creator an exclusive right to use, distribute, and benefit economically from their creations.
Statutory Basis: Section 172 of the Intellectual Property Code outlines the types of works eligible for copyright protection.

2. Categories of Copyrightable Works

The following categories, as provided in Section 172, represent types of works that qualify for copyright:

Literary and Artistic Works:
- Books, pamphlets, articles, periodicals, and other written works.
- Lectures, sermons, addresses, dissertations, prepared for oral delivery.
- Letters and any form of written communication.
- Musical compositions, whether with or without lyrics.
- Dramatic, choreographic, and pantomimic works, or works prepared for stage or production.
- Graphic works, paintings, sculptures, and other works of fine art.
- Photographic works, cinematographic works, and other audio-visual creations.
- Computer programs and similar works, which are protected as literary works.
Derivative Works: Works that are derived from pre-existing works, like adaptations, translations, and arrangements, are copyrightable as long as they have significant original creative input.
Collective Works: Works resulting from the combination of multiple authors’ contributions, such as anthologies and encyclopedias, are also protected if they present a creative arrangement.

3. Requirements for Copyright Protection

Originality: For a work to be copyrightable, it must exhibit originality. This does not require novelty but rather that the work be independently created and that it involves some degree of creativity.
Fixation: The work must be fixed in a tangible medium, meaning it must exist in a form that can be perceived, reproduced, or communicated for a period of time, like paper, recording, digital files, or sculptures.

4. Non-Copyrightable Works

Certain works are not eligible for copyright protection under Philippine law, primarily because they lack originality, are too factual, or are intended for public use without restriction. These include:

Ideas, Procedures, and Systems: Abstract ideas, methods, procedures, processes, systems, discoveries, or concepts are not protected.
Official Government Works: This includes statutes, regulations, court decisions, speeches delivered in public hearings, and other public documents.
Public Domain: Works that have entered the public domain due to the expiration of copyright or because the copyright owner has waived rights.

5. Duration of Copyright Protection

General Rule: For literary and artistic works, copyright generally lasts for the lifetime of the author plus fifty (50) years after their death.
Anonymous or Pseudonymous Works: For works published anonymously or under a pseudonym, protection lasts fifty (50) years from the date of publication.
Audiovisual Works: The copyright for audiovisual works, such as cinematographic films, lasts fifty (50) years from the date of publication or completion.
Photographic Works: Copyright protection for photographs and other similar works lasts fifty (50) years from creation or publication.

6. Economic and Moral Rights of Authors

Economic Rights: These include the rights to reproduce the work, distribute copies, perform or display the work publicly, and make derivative works. These are often transferable and assignable, and they can be licensed to others.
Moral Rights: Authors retain moral rights to claim authorship, make modifications, prevent any derogatory action against the work, and control its future uses in a way that might harm their honor or reputation. Moral rights are non-transferable and last during the author’s lifetime and up to fifty (50) years post-mortem.

7. Fair Use and Limitations on Copyright

Certain uses of copyrighted material do not constitute infringement, provided that they fall under the doctrine of "fair use." This includes:

Fair Use Provisions: These allow for limited use of copyrighted material for purposes such as criticism, comment, news reporting, education, and research. Courts evaluate fair use based on purpose, nature, amount, and effect on market value.
Other Limitations: Private performance, reproduction for personal use, quotations for commentary, and public speeches may be exempt from infringement claims.

8. Registration and Deposits

Optional Registration: Copyright is acquired automatically upon creation, and registration with the National Library or the Intellectual Property Office of the Philippines is optional but provides evidence in case of a dispute.
Deposits: Certain works may require deposit copies to be submitted to relevant authorities, which aids in documenting and preserving cultural materials.

9. Transfer and Licensing of Copyright

Assignments and Licensing: Copyright holders may transfer or license their economic rights to others through contracts. This transfer or licensing agreement must be documented in writing.
License Types: Exclusive and non-exclusive licenses are recognized, allowing rights holders to permit others to use their work under certain conditions and for a specified period.

10. Infringement and Remedies

Infringement Criteria: Unauthorized use, reproduction, distribution, or public display of copyrighted works constitutes infringement.
Remedies: Remedies for infringement include damages, injunctions, and, in some cases, criminal penalties.
Safe Harbor and Limitations: Certain intermediaries, such as internet service providers, have safe harbor protection, provided they comply with take-down procedures for infringing content upon notice.

11. International Considerations

The Philippines is a member of various international treaties on copyright, such as the Berne Convention and TRIPS Agreement, which establishes minimum standards for copyright protection and enables reciprocal enforcement across member countries.

Conclusion

Philippine copyright law under RA 8293 provides a robust framework for protecting the economic and moral rights of authors over copyrightable works. Through the defined categories, requirements, and protections, authors and creators are afforded substantial control over their creations, while also balancing public access through fair use and other limitations. As the digital environment grows, these laws continue to evolve, adapting to new challenges and advancements in protecting intellectual property in the Philippines.