Letter to the Attorney
Dear Attorney,
I am reaching out to you regarding a matter that has caused me some confusion and concern. Specifically, I am unsure about who should be properly listed or credited as the author of a particular creative work. The circumstances surrounding the creation of this work are somewhat complex, and I would greatly appreciate your professional guidance and insights on this issue. I am particularly interested in understanding how Philippine law determines authorship, what factors are considered under the Intellectual Property Code, and how any agreements or contributions from various parties might affect the decision of who should be credited as the author.
As I wish to proceed correctly and lawfully, could you kindly provide me with a comprehensive explanation or guidance regarding the appropriate author attribution under Philippine law? I want to ensure that any steps I take align with both legal standards and established best practices, so that I may avoid any disputes or misunderstandings in the future.
Sincerely,
A Concerned Party
Legal Article: Understanding Authorship Under Philippine Law
As the best lawyer in the Philippines—one with extensive experience in intellectual property (IP) law, nuanced knowledge of jurisprudence, and a meticulous approach to both theoretical and practical aspects of authorship attribution—this article aims to provide a comprehensive, deeply detailed exploration of authorship under Philippine law. While the question at hand may seem straightforward—“Sino po yung author po na ilalagay?” or in English, “Who should be listed as the author?”—the legal foundations and considerations involved are far-reaching and multifaceted. The goal of this article is to elucidate all relevant principles, frameworks, and procedures that govern the determination of authorship, ensuring that any interested party will have a thorough understanding of how to properly attribute authorship in various contexts.
I. Overview of the Intellectual Property Code of the Philippines
The primary statutory basis governing copyright and related rights in the Philippines is Republic Act No. 8293, also known as the Intellectual Property Code of the Philippines (IPC). Enacted in 1997 and subsequently amended by various laws over the years, it lays down rules regarding copyright ownership, authorship, economic and moral rights, and remedies available for infringement. The IPC aligns with international norms, as the Philippines is a signatory to numerous treaties on intellectual property, such as the Berne Convention for the Protection of Literary and Artistic Works and the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS).
Under the IPC, authorship is a fundamental concept as it anchors the creation of copyright protection. Section 172 of the IPC enumerates works that are subject to copyright, and the author is commonly understood as the natural person who has created the literary or artistic work. Authorship is not merely a formality; it defines who holds moral rights, who can be presumed to own the initial copyright (absent contrary stipulations), and who generally enjoys the legal recognition afforded to creators of intellectual works.
II. The Definition of Author
Under Philippine law, the “author” is generally considered the natural person who created the work. This is closely aligned with international IP standards, which stipulate that the author is the originator of an original work of authorship. The IPC references “authors” of literary and artistic works, and while it does not provide an overly complicated definition, the underlying principle is that the author is the individual who expressed their original intellectual creation in a fixed medium, thus giving birth to copyrightable subject matter.
III. The Importance of Originality and Creativity in Determining Authorship
One key component of determining authorship is identifying the contribution of original, creative expression. Philippine jurisprudence, while not as voluminous as those of some other jurisdictions, nonetheless follows the doctrine that copyright protection attaches to original works of authorship that display at least a modicum of creativity. Thus, when identifying the author, it is essential to ascertain which individual (or individuals) contributed the original expression. Persons who merely provided non-creative assistance—such as technical support or funding—would typically not qualify as authors.
IV. Joint Authorship: When Multiple Creators Are Involved
The determination of authorship becomes more nuanced when multiple individuals have contributed to the creation of the work. Under Philippine law, joint authorship may be recognized if two or more persons collaborated with the intention of merging their contributions into a single work. In such cases, each collaborator who contributed original, creative input that was intended to be integrated into the final work can be considered a joint author.
For instance, if two writers co-wrote a screenplay with the intention that their combined text form a unified whole, both would be considered joint authors. The same principle applies to musicians who collaboratively compose a song, or to visual artists who collectively create a single piece of art. The intentions of the parties are key—if the parties clearly intended to merge their efforts into a single work, joint authorship is likely. Absent a clear understanding or evidence of such intention, disputes may arise, and the courts may have to determine the existence of joint authorship based on contractual provisions, witness testimony, and the nature of the contributions.
V. Works Made for Hire or Commissioned Works
Another scenario that often prompts questions about authorship attribution involves works created by an employee in the course of their employment or works commissioned under a specific agreement. Under Philippine law, the author of a work is still the natural person who created it, even if that person created the work as part of an employment relationship. However, economic rights may vest in the employer if the work was created in the course of employment and if there is a written agreement to that effect.
For instance, suppose a software developer employed by a company writes code that is protectable by copyright. The author of that code is still the individual developer who wrote it. Nevertheless, the employer may own the economic rights if the conditions for a work created in the course of employment have been met and if the employment contract specifically provides for such ownership. Moral rights, such as the right of attribution (recognition as the author), generally remain with the natural person (the developer), unless waived where permissible.
In commissioned works, the default rule under Philippine law is that the commissioning party does not automatically become the author. The creator of the work is still the author. However, if there is a contract specifying that the commissioned party transfers economic rights, then the commissioning party may become the owner of these economic rights. Yet, the moral right to be identified as author still typically resides with the actual creator, unless properly waived.
VI. Derivative Works and Adaptations
Determining authorship can also be complex in cases involving derivative works or adaptations. A derivative work is one that is based on or derived from one or more existing works, such as a translation, adaptation, or modification. Under the IPC, authorship of a derivative work resides in the person or persons who created the derivative elements—the new original expression added to the underlying work. However, authorship of a derivative work does not extinguish or diminish the rights of the original author in their original work. In other words, if you adapt a novel into a screenplay, you are the author of the adapted screenplay (its new elements), but the original novelist remains the author of the underlying literary work. Both sets of authorship coexist, and proper attribution is crucial to avoid infringing moral rights and to comply with contractual obligations.
VII. Collective Works and Compilations
Collective works, such as anthologies, newspapers, magazines, or encyclopedias, present yet another dimension of authorship determination. In a collective work, multiple contributions from different authors are assembled into a cohesive compilation. Philippine law generally treats each contributor as the author of their individual contribution, and the entity (natural or juridical) that organizes, selects, and coordinates these contributions into a collective work may also hold certain rights related to the collective arrangement.
For instance, a publisher who puts together a literary anthology is not necessarily the author of the individual poems or stories, but may own the copyright in the selection and arrangement of those works if that arrangement meets the threshold of originality. Each contributor still retains authorship and the moral right of attribution for their individual contributions. Proper crediting of each contributor is essential to maintain compliance with moral rights and to avoid future disputes or claims of misattribution.
VIII. Moral Rights and Their Implications on Authorship Attribution
A crucial aspect of copyright law that bears heavily on the determination of authorship is the concept of moral rights. Moral rights are distinct from economic rights in that they protect the personal and reputational bond between an author and their work. Under the IPC, moral rights include:
- The right of paternity (attribution): to be recognized and identified as the author of the work.
- The right of integrity: to object to any distortion, mutilation, modification, or derogatory action in relation to the work that would be prejudicial to the author’s honor or reputation.
- The right of alteration: to make changes to the work prior to publication or to withdraw it from circulation under certain circumstances.
- The right to restrain the use of the author’s name on a work not of the author’s creation.
In practical terms, moral rights ensure that whoever is identified as the author must indeed be the true author. No one should falsely claim authorship to a work they did not create, as doing so infringes the moral rights of the real creator. Moral rights remain with the author even if economic rights are assigned or licensed. These rights are perpetual, inalienable, and imprescriptible (cannot be waived or assigned, except under very limited circumstances).
IX. The Role of Contracts in Determining Authorship and Ownership
Contracts play a critical role in clarifying authorship and ownership matters. While a contract cannot change the fact of who actually created a work (and thus who is the true author), it can define how economic rights are transferred, licensed, or assigned. Philippine law allows for contracts that outline whether the author will remain publicly identified, whether pseudonyms will be used, or whether the author consents to waive certain moral rights to the extent allowed by law (noting that moral rights are generally not fully waivable in the same manner as economic rights).
For example, a contract might specify that the author’s name should appear prominently on all copies of the work or that the author will remain anonymous or use a pen name. Contracts can also define the scope of collaboration among multiple authors, clarify their contributions, and provide a roadmap for resolving authorship disputes. In some cases, a detailed agreement can preempt misunderstandings about who should be listed as author and in what manner.
X. Attribution Issues Arising in Digital and Collaborative Environments
In the digital age, the question of authorship may extend to platform-based content creation, user-generated content, and collaborative online environments. Philippine law, while grounded in traditional concepts of authorship, applies equally to works created online. For instance, if multiple contributors collaborate on a blog post, a website design, or a digital art piece, the same principles of joint authorship, moral rights, and original expression apply. The key challenge in these scenarios is evidence: determining who contributed what, and whether the parties intended a joint authorship arrangement. Electronic records, timestamps, and metadata can be valuable in establishing authorship claims.
XI. Avoiding Common Disputes: Best Practices for Proper Attribution
To avoid disputes related to authorship attribution, it is prudent to adopt several best practices:
Create Clear Agreements Early: Whenever multiple parties are involved in creating a work, they should ideally enter into a written agreement clarifying the nature and extent of their contributions, how attribution will be handled, and what rights each party holds.
Document the Creative Process: Maintaining records, notes, drafts, and correspondence related to the creation of the work can be invaluable. Such documentation serves as evidence if questions arise later about who contributed which parts of the work.
Consult with Legal Counsel: When in doubt, seeking the advice of an experienced lawyer can help navigate intricate situations and reduce the risk of future conflicts.
Acknowledge All True Authors: Ensure that every individual who contributed original creative content is properly acknowledged. Failure to do so can lead to claims of moral rights infringement or even copyright infringement if the uncredited author’s permission was not secured for use of their contribution.
Respect the Right of Attribution: Moral rights are taken seriously in the Philippines. Even if you have acquired the economic rights to use or reproduce a work, proper attribution of the author is a legal and ethical obligation, barring a clear and lawful waiver by the author.
XII. Remedies for Improper Attribution or Authorship Disputes
If a dispute arises over authorship attribution, Philippine law provides various remedies and avenues for resolution. Parties may seek:
Negotiation and Mediation: Attempting amicable resolution through mediation or alternative dispute resolution (ADR) methods is often a cost-effective and time-saving initial approach.
Court Action: If negotiations fail, an aggrieved author may file a civil action for infringement of moral rights or for a declaration of authorship. The court can order corrective measures, damages, and injunctions against further misattribution.
Administrative Remedies: In some cases, disputes may be submitted to the Intellectual Property Office of the Philippines for mediation or arbitration under their ADR mechanisms, though this is more common for trademark and patent disputes. Nonetheless, exploring all available remedies ensures a more efficient resolution.
XIII. Jurisprudential Guidance
While Philippine jurisprudence on authorship disputes may not be as abundant or detailed as in some Western jurisdictions, the Supreme Court and lower courts have decided cases clarifying the relationship between authors, co-authors, employers, and commissioning entities. The essence of these rulings underscores that authorship is grounded in original creation and that attempts to misrepresent authorship are not tolerated. Courts frequently refer to established IP principles, public policy considerations, and guidelines from international treaties to inform their rulings.
XIV. Comparative Perspectives and International Considerations
Philippine law on authorship is largely consistent with international standards, particularly those under the Berne Convention. The Berne Convention, to which the Philippines is a party, mandates that authors of literary and artistic works be protected regardless of their nationality, and sets minimum standards for protection, including moral rights. Philippine courts and lawmakers also consider foreign jurisprudence as persuasive—though not binding—authority, particularly in novel or complex disputes. Understanding international standards ensures that Filipino authors and rights holders stand on equal footing with their counterparts worldwide.
XV. Policy Rationale: Protecting Creators and Promoting Creativity
The reason for meticulously defining and protecting authorship in Philippine law is not merely legalistic—it is a policy imperative aimed at encouraging creativity, cultural development, and artistic innovation. By ensuring that authors are recognized, attributed, and afforded rights over their work, the law incentivizes creators to continue producing new works, contributing to a vibrant cultural and intellectual environment. Conversely, ensuring proper authorship attribution also fosters trust, fairness, and integrity in the marketplace for creative works.
XVI. Conclusion
Determining the proper author to credit for a given work under Philippine law involves navigating a web of legal principles, statutory provisions, moral rights, contractual terms, and practical considerations. The Intellectual Property Code of the Philippines establishes that the author is the natural person who created the work, while also providing frameworks for joint authorship, derivative works, commissioned works, and collective compilations. Moral rights ensure that the true author’s name and identity cannot be stripped away without just cause, reinforcing the importance of proper attribution.
When facing the question, “Sino po yung author po na ilalagay?” the answer depends on the factual context: Who contributed the original expression? Was there a collaborative intention? Are there contractual stipulations that clarify roles and acknowledgments? By understanding Philippine copyright law’s stance on these issues, parties can make informed decisions and draft appropriate agreements that prevent future conflicts. Should a dispute arise, legal remedies are available, though proactive measures remain the best defense against misunderstandings and misattribution.
In the end, recognizing the proper author is more than a mere legal requirement— it is a cornerstone of respect for creative labor and intellectual integrity. As the best lawyer in the Philippines, I urge creators, employers, and commissioning parties alike to carefully consider these legal principles, seek professional advice when needed, and uphold the standards that ensure every author receives the credit they rightfully deserve.