Limitations on Copyright in Philippine Law

The Philippines has adopted specific limitations and exceptions to copyright under Republic Act No. 8293, otherwise known as the Intellectual Property Code of the Philippines. These limitations aim to balance the protection of creators’ rights with the public’s access to knowledge, information, and creative content. Here is a comprehensive guide to the relevant limitations on copyright as stipulated under Philippine law.

I. Fair Use Doctrine

Section 185 of the IP Code establishes the doctrine of Fair Use, a vital limitation that allows certain uses of copyrighted materials without infringement. Fair use is determined based on the following factors:

Purpose and Character of the Use - Non-commercial, educational, or research uses are more likely to be deemed fair use.
Nature of the Copyrighted Work - Use of factual or publicly available works, as opposed to highly creative works, is more likely to qualify as fair use.
Amount and Substantiality of the Portion Used - Limited use or the use of less substantial parts of a work (not the “heart” of the work) may support a finding of fair use.
Effect on the Market for or Value of the Copyrighted Work - Uses that do not significantly impact the market value or potential sales of the original work are more likely to be deemed fair.

Typical cases of fair use include news reporting, commentary, criticism, research, teaching, and scholarship. However, each use must be assessed case-by-case, based on the above factors.

II. Reproduction and Communication to the Public for Judicial, Legislative, and Administrative Proceedings (Section 184.1)

Section 184.1 permits the reproduction and communication to the public of copyrighted work in official government activities:

This exception allows use in judicial, legislative, and administrative proceedings.
It also includes uses in government reports or other official matters that require dissemination to the public for transparency or public record purposes.

This exception supports the principle of public interest and government transparency, allowing the public access to documents, court opinions, or legislative proceedings that might otherwise contain copyrighted materials.

III. Private and Personal Use (Section 187)

Under Section 187, the IP Code permits reproduction of a published work exclusively for private and personal use. This includes:

Photocopying or reproducing sections of books or materials for personal study.
Recording broadcasts or performances for private viewing.

The law places limits on the reproduction to ensure it remains strictly for personal or private use, without further dissemination or public sharing.

IV. Educational and Non-Profit Use (Sections 187.1 and 188)

Philippine law provides specific allowances for educational purposes:

Section 187.1 - Allows the use of copyrighted material in a classroom setting or for educational instruction as long as it is a minor part of the work and does not conflict with the rights of the copyright owner.
Section 188 - Allows for reproduction of works for use by public libraries, non-profit educational institutions, and similar establishments. However, this is limited to single copies and is intended solely for purposes like preservation, research, and private study.

These provisions promote access to educational resources and ensure that copyright law does not hinder educational advancement and dissemination of knowledge.

V. Performance, Display, and Exhibit Exceptions (Section 184.1(b))

Section 184.1(b) permits the performance, display, or exhibit of works in certain circumstances without the author’s consent. These include:

Performance of a work in public if it is given without payment to any performer, organizer, or admission fee (e.g., amateur performances in educational institutions).
Display or exhibit of works in museums or galleries as part of their collections or educational outreach programs.
Broadcasting a live public event to educate or inform the public, without a commercial purpose.

This allows non-commercial and educational displays or performances, helping ensure public access to culture and information.

VI. Libraries and Archives (Sections 187 and 188)

The IP Code includes specific exceptions for libraries and archives. Section 187 allows libraries and similar institutions to make a single copy of a work for purposes of preservation, research, or private study. Section 188 allows:

Reproduction of works by libraries and archives, if the work is not available in the Philippines or is rare.
Temporary copies necessary for preservation of collections, especially if original works are at risk of deterioration or damage.

These provisions support cultural and knowledge preservation, allowing institutions to maintain access to otherwise inaccessible materials.

VII. Quotation and Parody (Section 184.1(d))

Section 184.1(d) provides for the quotation of short passages and the use of works for parody, caricature, and pastiche. Specific conditions are:

Quotations must be limited to what is “compatible with fair practice.”
Parody and satire are permitted to ensure artistic freedom, although they must not serve as a substitute for the original work.

These exceptions enable critical, transformative, and creative uses of copyrighted works, ensuring copyright law supports a free and dynamic culture.

VIII. Temporary Reproduction by Broadcasting Organizations (Section 190.1)

Under Section 190.1, broadcasting organizations are permitted to make temporary recordings of works for the purposes of transmission:

Such temporary recordings should be used only for authorized transmissions.
The recordings are destroyed within a limited period following the broadcast.

This allows broadcasting organizations to efficiently manage their operations while respecting copyright protections.

IX. Limitations for Persons with Disabilities (Section 185.1)

The IP Code includes provisions to facilitate access to copyrighted materials for persons with disabilities:

Special formats (e.g., Braille, audio recordings) may be created for personal use without infringing copyright.
This is in line with the Marrakesh Treaty, to which the Philippines is a signatory, ensuring access to works for visually impaired or otherwise print-disabled persons.

This exception aligns with the Philippines’ commitment to making educational and cultural content accessible to all members of society, regardless of physical or sensory impairments.

X. Government Use (Section 184.1(a))

Philippine copyright law allows the government to use copyrighted material for non-commercial purposes, especially for purposes related to public interest or national security. Uses might include:

Incorporation of copyrighted materials into governmental publications or information campaigns.
Reproduction and dissemination of works necessary for public safety or educational programs under government authority.

This promotes access to vital information that might otherwise be limited by copyright barriers.

Conclusion

The limitations on copyright in Philippine law, as defined by the Intellectual Property Code of the Philippines, aim to balance the rights of authors and creators with the public’s right to access knowledge, education, culture, and information. By detailing specific exceptions—such as fair use, educational provisions, library usage, and access for persons with disabilities—the law seeks to provide a flexible, fair, and socially responsible framework. These limitations are vital to ensuring that copyright law serves both the rights of creators and the public good, fostering a culture that values both innovation and access to knowledge.