Rights Conferred by Copyright

Rights Conferred by Copyright | Copyrights | INTELLECTUAL PROPERTY

Here is a thorough exposition on Rights Conferred by Copyright under Philippine law, with a focus on its nuances within mercantile and taxation laws.


Copyright Law in the Philippines: Legal Foundations

In the Philippines, copyright protection is governed by the Intellectual Property Code of the Philippines (Republic Act No. 8293), which aligns with international standards under the Berne Convention and the TRIPS Agreement. This law provides the legal framework for protecting original works of authorship, ensuring that creators have exclusive rights to their creations, whether literary, artistic, or derivative works. Copyright exists from the moment of creation and is conferred without the need for registration, though registration can offer additional procedural benefits.

Scope and Duration of Copyright Protection

  1. Protected Works: Copyright in the Philippines protects a broad range of works, including:

    • Literary, dramatic, musical, and artistic works;
    • Audio-visual works, films, sound recordings, and broadcasts;
    • Derivative works, adaptations, arrangements, and collections of work;
    • Computer programs and databases;
    • Architectural plans and structures;
    • Other intellectual creations as designated by law.
  2. Duration of Protection:

    • Literary and Artistic Works: Lifetime of the author plus 50 years after death.
    • Photographic Works and Audio-Visual Works: 50 years from publication date.
    • Anonymous or Pseudonymous Works: 50 years from publication unless the author becomes known.
    • Broadcasts: 20 years from date of broadcast.

Exclusive Rights of Copyright Owners

Copyright confers a set of exclusive economic and moral rights to the author or copyright holder, which can be exploited or licensed to third parties:

  1. Economic Rights: These rights allow the copyright holder to commercially benefit from the work:

    • Reproduction: The right to reproduce the work in any form, including electronic, photographic, or printed formats.
    • Transformation and Adaptation: The right to transform, adapt, or arrange the work.
    • Public Distribution: The right to distribute copies of the work to the public by sale, rental, lease, or lending.
    • Public Display: The right to display the work publicly, either in physical or digital form.
    • Public Performance: The right to perform the work publicly, which covers live or recorded performances, broadcasts, or streaming.
    • Communication to the Public: The right to communicate the work to the public through broadcasting, transmission, or other means.
    • Translation: The right to translate the work into other languages or formats.
  2. Moral Rights: These rights protect the personal connection between the author and the work and include:

    • Right of Attribution: The author’s right to claim authorship.
    • Right to Make Modifications: The author’s right to modify the work or withhold permission for any distortion or mutilation of the work.
    • Right of Integrity: Protecting the reputation of the author by preventing any modifications that may harm their reputation.
    • Right to Withdraw the Work from Circulation: The author may choose to withdraw the work from the public domain, although subject to equitable compensation for those with acquired rights.
  3. Related Rights:

    • The rights of performers, producers of sound recordings, and broadcasting organizations are also protected under copyright law.
    • Performers have the right to prevent unauthorized recording or broadcasting of their performances.
    • Producers have the right to control reproductions of sound recordings.
    • Broadcasting organizations have exclusive rights over the broadcast signals they produce.

Limitations and Exceptions (Fair Use Doctrine)

Philippine law recognizes fair use exceptions, allowing limited use of copyrighted works without permission, provided the use does not infringe the economic rights of the copyright holder. This includes:

  • Research and Private Study: Limited copying for personal use or educational research.
  • Criticism, Comment, and News Reporting: Use for purposes of review, criticism, or news coverage.
  • Parody and Satire: Limited copying for creating transformative works, such as parodies.
  • Educational Purposes: Use in classrooms, subject to limitations.

To determine if a use qualifies as fair, courts evaluate factors like the purpose, nature, amount, and effect on the work’s market value.

Mercantile Implications of Copyright

  1. Commercial Exploitation:

    • Copyright owners can license or assign rights to third parties for exploitation, creating revenue streams through royalties or sale.
    • Licensing must be clear in scope, often specifying the term, geography, and exact rights granted.
  2. Taxation on Copyright Transactions:

    • Income derived from licensing and royalty agreements is subject to income tax under the Philippine Tax Code.
    • Royalties are also subject to withholding tax, with rates varying depending on treaties (e.g., the Philippines’ double-taxation treaties).
    • Capital gains tax applies if copyright ownership is transferred as a capital asset.
  3. Cross-Border Transactions:

    • When dealing with international licenses or assignments, copyright holders may benefit from lower withholding tax rates if covered by double-taxation treaties.
    • Foreign copyrights utilized in the Philippines are subject to local tax if deemed income from Philippine sources.
  4. Valuation for Tax Purposes:

    • Intellectual property rights are treated as intangible assets, and their valuation depends on potential revenue-generating capacity.
    • Transfers involving copyright may be scrutinized by tax authorities to ensure compliance with transfer pricing rules, especially for multinational companies.
  5. Tax Incentives for Copyright Owners:

    • Copyright-intensive industries may qualify for tax incentives under the Philippine Board of Investments (BOI), which provides deductions or exemptions for companies engaged in intellectual property exploitation, development, or innovation.

Infringement and Enforcement Mechanisms

  1. Infringement Definition: Copyright infringement occurs when a party violates the exclusive rights of a copyright holder without permission. This can include unauthorized reproduction, distribution, public performance, or adaptation.

  2. Civil and Criminal Penalties:

    • Civil remedies include injunctions, actual damages, moral damages, exemplary damages, and attorney’s fees.
    • Criminal penalties apply to severe infringements, including fines and imprisonment for counterfeit distribution, unauthorized reproduction, or commercial-scale infringement.
  3. Enforcement through the Intellectual Property Office (IPO):

    • The Intellectual Property Office of the Philippines (IPO) has an enforcement arm that handles complaints, mediates disputes, and can issue cease-and-desist orders.
    • IPO allows for Alternative Dispute Resolution (ADR) as a method to settle disputes involving copyright claims efficiently.
  4. Border Measures:

    • Philippine Customs authorities, under coordination with IPO, can seize or prevent the importation of counterfeit goods.
    • Copyright holders can file a complaint with Customs for surveillance and inspection to protect against infringement.

Conclusion

In the Philippines, copyright law grants substantial exclusive rights to creators, allowing them to control and profit from their works while ensuring moral rights are respected. However, these rights are balanced with fair use provisions and are subject to various tax implications and regulatory requirements, especially for commercial exploitation. The legal mechanisms to enforce these rights are robust, with options for civil, criminal, and administrative recourse. The interplay between intellectual property rights and mercantile laws, particularly in the realm of taxation, illustrates the complexity of navigating copyright in commercial ventures in the Philippines.


This analysis provides an in-depth understanding of copyright rights, enforcement, and their intersection with mercantile and tax laws in the Philippines, helping you to navigate this intricate legal landscape confidently.