Dear Attorney,

I am seeking advice on a possible copyright violation case. There are concerns that certain copyrighted materials may have been used without permission. What are the steps to address this issue legally in the Philippines? Could you also explain what the possible remedies are for copyright infringement?

Sincerely,
Concerned Individual

Insights

Copyright violation, also known as copyright infringement, refers to the unauthorized use or reproduction of works protected by copyright law. In the Philippines, copyright is governed by Republic Act No. 8293, otherwise known as the "Intellectual Property Code of the Philippines," which outlines the rights of creators and the remedies available in cases of infringement. Below is a detailed discussion of copyright violations, legal remedies, and the rights of copyright holders in the Philippines.

1. What is Copyright?

Copyright is a legal right granted to authors, artists, and creators over their original works, including literary, musical, artistic, and other forms of intellectual property. Copyright grants the creator exclusive rights to reproduce, distribute, perform, and display their work, as well as to authorize others to do so.

Under Section 172 of the Intellectual Property Code, the following works are protected by copyright:

Books, pamphlets, articles, and other writings;
Periodicals and newspapers;
Lectures, sermons, addresses, dissertations prepared for oral delivery;
Letters;
Dramatic or dramatico-musical compositions;
Musical compositions, with or without words;
Works of drawing, painting, architecture, sculpture, engraving, lithography, and other works of art;
Original ornamental designs or models for articles of manufacture, whether or not registrable as an industrial design;
Photographic works, including works produced by a process analogous to photography; lantern slides;
Audiovisual works and cinematographic works;
Illustrations, maps, plans, sketches, charts, and three-dimensional works relative to geography, topography, architecture, or science;
Works of applied art, including industrial designs, and works of utility models.

2. Copyright Violation Defined

Copyright infringement occurs when a person or entity uses, reproduces, distributes, or otherwise exploits a copyrighted work without the permission of the copyright owner, unless such use falls under one of the exceptions or limitations provided by law. Unauthorized acts may include:

Copying or reproducing copyrighted material;
Distributing copies of the work without authorization;
Performing the work publicly without permission;
Creating derivative works (adaptations, translations, etc.) without authorization;
Displaying the work publicly without authorization.

3. Exceptions to Copyright Infringement

The law provides several exceptions where the use of copyrighted material does not constitute infringement. These exceptions, known as "fair use" under Section 185 of the Intellectual Property Code, allow for the use of copyrighted material without the need for permission under certain conditions. Examples of fair use include:

Use for criticism, comment, news reporting, teaching, or research;
Reproduction of copyrighted works by libraries for archival purposes;
Use in judicial proceedings or legal advice;
Private performance or display for personal, non-commercial use.

Fair use is evaluated on a case-by-case basis, and courts consider factors such as the purpose and character of the use, the nature of the copyrighted work, the amount used in relation to the whole work, and the effect of the use on the market for the original work.

4. Legal Remedies for Copyright Violation

If copyright infringement is proven, the law provides for several remedies to the copyright holder. These remedies include:

Civil Remedies:
Copyright holders may file a civil case for damages in court. Damages may include actual damages or statutory damages, which are set by the court based on the nature and extent of the infringement. Injunctions may also be issued to stop the infringer from further unauthorized use of the copyrighted material.
Criminal Liability:
Copyright infringement is also a criminal offense in the Philippines under Sections 217 and 218 of the Intellectual Property Code. Penalties for copyright infringement may include fines ranging from PHP 50,000 to PHP 1,500,000 and imprisonment ranging from 1 to 9 years, depending on the gravity of the offense. Criminal cases may be filed if the infringement is committed for profit or commercial gain.
Administrative Actions:
The Intellectual Property Office (IPO) of the Philippines has the authority to handle copyright infringement cases. The IPO may impose administrative penalties on infringers, including the issuance of cease-and-desist orders, seizure of infringing goods, and the imposition of fines.

5. Enforcement of Rights

The copyright owner may pursue the following steps to enforce their rights in case of infringement:

Demand Letter:
Before filing a case, it is common practice to send a formal demand letter to the alleged infringer, requesting them to cease the infringing activities and to pay for damages.
Court Proceedings:
If the infringer does not comply with the demand letter, the copyright owner may file a lawsuit in a civil court to seek compensation for damages or injunctive relief. The court may order the infringer to stop the unlawful use and may award the copyright owner monetary compensation for the losses suffered.
Temporary Restraining Orders and Preliminary Injunctions:
During court proceedings, the copyright owner may seek a temporary restraining order (TRO) or a preliminary injunction to prevent the infringer from continuing the unlawful activity until the case is resolved.
Seizure and Destruction of Infringing Materials:
Upon a finding of copyright infringement, the court may order the seizure, impoundment, or destruction of all infringing copies of the work and related items, such as the devices used to produce them.

6. Defenses to Copyright Infringement

Defendants in copyright infringement cases may raise several defenses, including:

Fair Use: As mentioned above, the use of the copyrighted material for purposes such as research, criticism, news reporting, and education may be considered fair use.
Lack of Copyright Protection: If the work is not eligible for copyright protection or if the copyright has expired, the use of the material may not constitute infringement.
License or Permission: The defendant may argue that they had a valid license or permission from the copyright owner to use the work.

7. Conclusion

Copyright law in the Philippines provides robust protection to creators and their works. If you believe your copyright has been violated, it is essential to act promptly to protect your rights. Engaging an experienced intellectual property lawyer can help navigate the complexities of copyright law and ensure that appropriate legal action is taken to address the violation.

Understanding your rights and remedies under Philippine copyright law is crucial for both copyright holders and those using copyrighted materials. It is advisable to seek professional legal assistance when dealing with copyright matters to ensure compliance with the law and avoid the risks associated with infringement.