Ownership of a Copyright | Copyrights | INTELLECTUAL PROPERTY

Ownership of Copyright Under Philippine Law

Under Philippine law, copyright is primarily governed by Republic Act No. 8293, known as the Intellectual Property Code of the Philippines (IP Code), enacted in 1997 and further amended by subsequent legislation. Here is a comprehensive analysis of the topic of copyright ownership, covering everything from the basics of copyrightability to the complex nuances surrounding transfer and licensure in the Philippines.

I. Copyrightable Works

Copyright is granted to authors of original intellectual creations in the literary, scholarly, scientific, and artistic domains. Copyrightable works include:

  1. Literary and Artistic Works: This category encompasses books, poems, articles, musical works, films, and other similar creations.
  2. Derivative Works: Works based on original pieces, such as translations or adaptations, qualify for copyright protection, though the original author’s rights must be respected.
  3. Non-Copyrightable Elements: Mere ideas, news, government publications, statutes, and mere compilations of data are not subject to copyright.

For a work to be protected under copyright law, it must be an original creation, fixed in a tangible medium of expression.

II. Ownership of Copyright

Ownership of a copyright is distinct from the ownership of the physical object in which the copyrighted work is embodied. It is essential to understand the parties who may claim ownership under the IP Code.

  1. General Rule: Author as Owner

    • The author or creator of a work is generally presumed to be the copyright owner.
    • Moral Rights: In addition to economic rights, authors have moral rights, including the right to attribution and the right to protect their work from derogatory treatment.

  2. Joint Ownership

    • When two or more individuals jointly create a work, they are co-owners of the copyright, unless there is a written agreement specifying otherwise.
    • Each co-owner has an undivided interest in the whole work but must account to the other for any profits derived from the work.

  3. Works Created by Employees

    • Employer-Owned Works: If an employee creates a work in the course of employment, and if the work is created as part of their job duties, the employer is presumed to be the copyright owner, unless agreed otherwise.
    • Freelance or Commissioned Works: For works created by independent contractors or freelancers, the creator retains copyright unless there is a written agreement transferring ownership to the hiring party.

  4. Government Works

    • Works created by government employees in their official capacity are generally in the public domain, unless otherwise stipulated by the agency or department.

  5. Special Cases: Collective Works and Audiovisual Works

    • Collective Works: In collective works (e.g., anthologies), copyright ownership typically resides with the entity assembling the collective work, though the original authors retain rights over their individual contributions unless otherwise agreed.
    • Audiovisual Works: Copyright in audiovisual works (e.g., movies) is owned by the producer, who holds rights to exploit the entire work. However, individual contributors (such as screenwriters and directors) may retain moral rights.

III. Economic and Moral Rights of Copyright Owners

Copyright owners possess several economic rights that allow them to control the use of their work. They also have moral rights that protect the personal and reputational interests related to the work.

  1. Economic Rights

    • The copyright owner has the exclusive right to:
      • Reproduce the work
      • Distribute copies of the work
      • Perform the work publicly
      • Display the work publicly
      • Create derivative works based on the original

  2. Moral Rights

    • Moral rights allow the author to claim authorship, object to modifications that could harm their reputation, and withdraw the work from the public domain under certain conditions. These rights remain with the author even after the transfer of economic rights.

IV. Transfer of Copyright Ownership

Ownership of economic rights may be transferred in whole or in part through various means, but moral rights are inalienable and cannot be transferred.

  1. Assignment of Rights

    • The copyright owner may transfer their economic rights by assignment, which must be in writing and signed by the copyright owner.
    • Assignments can be total or partial and are governed by the terms set out in the assignment agreement.

  2. Licensing

    • Copyright can also be licensed, allowing others to use the work under specific conditions, without transferring ownership.
    • Licenses may be exclusive or non-exclusive:
      • Exclusive License: Only the licensee may exploit the licensed rights, and the licensor is excluded from using those rights.
      • Non-Exclusive License: The copyright owner retains the right to license the work to multiple users.

  3. Statutory Limitations on Transfer

    • Under the IP Code, certain rights may be retained by the author despite an assignment, especially moral rights.

  4. Duration of Copyright Protection and Renewal

    • The duration of copyright protection depends on the type of work:
      • Literary and Artistic Works: Lifetime of the author plus 50 years.
      • Audiovisual and Collective Works: 50 years from the date of publication.
    • After the expiration of the copyright term, the work enters the public domain, and anyone may use it freely.

V. Enforcement of Copyright Ownership

The IP Code provides mechanisms for copyright holders to enforce their rights and seek remedies in cases of infringement.

  1. Civil Remedies

    • Copyright owners can seek an injunction to stop further infringement, claim actual or statutory damages, and recover profits made by the infringer.

  2. Criminal Remedies

    • Infringement can also be a criminal offense, punishable by imprisonment and fines. However, criminal action is typically reserved for severe and deliberate violations.

  3. Administrative Remedies

    • The Intellectual Property Office of the Philippines (IPOPHL) provides an avenue for resolving disputes through mediation or administrative proceedings.

  4. Technological Protection Measures (TPM)

    • Copyright holders can apply TPMs to prevent unauthorized access or copying of their works. Circumventing these protections is prohibited by law.

VI. Special Considerations and Updates in Philippine Copyright Law

  1. Digital Rights Management

    • Copyright law increasingly recognizes digital rights management (DRM) as a critical area, especially for online content. DRM tools help copyright holders manage and protect digital versions of their works.

  2. International Agreements

    • The Philippines is a signatory to various international treaties such as the Berne Convention and the WIPO Copyright Treaty. These agreements influence domestic laws by establishing standards for copyright protection globally.

Summary

The ownership of copyright in the Philippines is an intricate subject, with the general rule that the author holds the rights, subject to exceptions for employment, government works, and specific cases like audiovisual works. Transfers of ownership are possible through assignment or licensing, although moral rights remain with the author. The IP Code ensures both economic and moral rights protection and provides mechanisms for enforcement, while also adapting to digital-age requirements through DRM protections and adherence to international treaties.

The field of copyright is continuously evolving, especially with technological advancements and international influence, making it essential for copyright owners and users in the Philippines to stay informed about their rights and obligations.

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