R.A. 10372: Amendments of The Intellectual Property Code of The Philippines

R.A.
10372: Amendments of the Intellectual Property Code of the Philippines

Definition of Terms
(a) Communication to the public or communicate to the public means any communication to the public,
including broadcasting, rebroadcasting, retransmitting by cable, broadcasting and retransmitting by satellite, and
includes the making of a work available to the public by wire or wireless means in such a way that members of the
public may access these works from a place and time individually chosen by them.
(b) Reproduction is the making of one (1) or more copies, temporary or permanent, in whole or in part, of a work
or a sound recording in any manner or form.
(c) Technological measure means any technology, device or component that, in the normal course of its operation,
restricts acts in respect of a work, performance or sound recording, which are not authorized by the authors,
performers or producers of sound recordings concerned or permitted by law.
(d) Rights management information means information which identifies the work, sound recording or
performance; the author of the work, producer of the sound recording or performer of the performance; the owner of
any right in the work, sound recording or performance; or information about the terms and conditions of the use of
the work, sound recording or performance; and any number or code that represent such information, when any of
these items is attached to a copy of the work, sound recording or fixation of performance or appears in conjunction
with the communication to the public of a work, sound recording or performance.
Rights of Assignee or Licensee
(i) The copyright may be assigned or licensed in whole or in part.
(ii) The copyright is not deemed assigned or licensed inter vivos, in whole or in part, unless there is a written
indication of such intention.
(iii) Any exclusivity in the economic rights in a work may be exclusively licensed.
(iv) The copyright owner has the right to regular statements of accounts from the assignee or the licensee with
regard to assigned or licensed work.
Copyright and Material Object
The copyright is distinct from the property in the material object subject to it. Consequently, the transfer,
assignment or licensing of the copyright shall not itself constitute a transfer of the material object. Nor shall a
transfer or assignment of the sole copy or of one or several copies of the work imply transfer, assignment or
licensing of the copyright.
Limitations on Copyright
The reproduction or distribution of published articles or materials in a specialized format exclusively for
the use of the blind, visually- and reading-impaired persons: Provided:
(i) That such copies and distribution shall be made on a nonprofit basis; and
(ii) Shall indicate the copyright owner and the date of the original publication.
Fair Use of a Copyrighted Work

The fair use of a copyrighted work for criticism, comment, news reporting, teaching including limited
number of copies for classroom use, scholarship, research, and similar purposes is not an infringement of copyright.
Decompilation, which is understood here to be the reproduction of the code and translation of the forms of a
computer program to achieve the interoperability of an independently created computer program with other
programs may also constitute fair use under the criteria established by this section, to the extent that such
decompilation is done for the purpose of obtaining the information necessary to achieve such interoperability.
Term of Moral Rights

The right of an author to require that the authorship of the works be attributed to him, in particular, the right
that his name, as far as practicable, be indicated in a prominent way on the copies, and in connection with the public
use of his work shall last during the lifetime of the author and in perpetuity after his death.
The right of an author (i) to make any alterations of his work prior to, or to withhold it from publication;
(ii) to object to any distortion, mutilation or other modification of, or other derogatory action in relation to, his work
which would be prejudicial to his honor or reputation; and (iii) to restrain the use of his name with respect to any
work not of his own creation or in a distorted version of his work shall be coterminous with the economic rights, the
moral rights shall not be assignable or subject to license.
Copyright Infringement
A person infringes a right protected under this Act when one:
(a) Directly commits an infringement;
(b) Benefits from the infringing activity of another person who commits an infringement if the person benefiting has
been given notice of the infringing activity and has the right and ability to control the activities of the other person;
(c) With knowledge of infringing activity, induces, causes or materially contributes to the infringing conduct of
another.
Remedies for Infringement
I. Damages
Any person infringing a right protected under this law shall be liable:
(b) To pay to the copyright proprietor or his assigns or heirs such actual damages, including legal costs and other
expenses, as he may have incurred due to the infringement as well as the profits the infringer may have made due to
such infringement, and in proving profits the plaintiff shall be required to prove sales only and the defendant shall be
required to prove every element of cost which he claims, or, in lieu of actual damages and profits, such damages
which to the court shall appear to be just and shall not be regarded as penalty: Provided, That the amount of
damages to be awarded shall be doubled against any person who:
(i) Circumvents effective technological measures; or
(ii) Having reasonable grounds to know that it will induce, enable, facilitate or conceal the infringement,
remove or alter any electronic rights management information from a copy of a work, sound recording, or fixation of
a performance, or distribute, import for distribution, broadcast, or communicate to the public works or copies of
works without authority, knowing that electronic rights management information has been removed or altered
without authority.
The copyright owner may elect, at any time before final judgment is rendered, to recover instead of actual
damages and profits, an award of statutory damages for all infringements involved in an action in a sum equivalent
to the filing fee of the infringement action but not less than Fifty thousand pesos (Php50,000.00). In awarding
statutory damages, the court may consider the following factors:
(1) The nature and purpose of the infringing act;
(2) The flagrancy of the infringement;
(3) Whether the defendant acted in bad faith;
(4) the need for deterrence;
(5) Any loss that the plaintiff has suffered or is likely to suffer by reason of the infringement; and
(6) Any benefit shown to have accrued to the defendant by reason of the infringement.
In case the infringer was not aware and had no reason to believe that his acts constitute an infringement of
copyright, the court in its discretion may reduce the award of statutory damages to a sum of not more than Ten
thousand pesos (Php10,000.00): Provided, That the amount of damages to be awarded shall be doubled against any
person who:
(i) Circumvents effective technological measures; or
(ii) Having reasonable grounds to know that it will induce, enable, facilitate or conceal the infringement,
remove or alter any electronic rights management information from a copy of a work, sound recording, or
fixation of a performance, or distribute, import for distribution, broadcast, or communicate to the public
works or copies of works without authority, knowing that electronic rights management information has
been removed or altered without authority.
II. Seizure and Impounding; Independent Suit

In an infringement action, the court shall also have the power to order the seizure and impounding of any
article which may serve as evidence in the court proceedings, in accordance with the rules on search and seizure
involving violations of intellectual property rights issued by the Supreme Court.
The foregoing shall not preclude an independent suit for relief by the injured party by way of damages,
injunction, accounts or otherwise.
Imprisonment and Fine
In determining the number of years of imprisonment and the amount of fine, the court shall consider the value
of the infringing materials that the defendant has produced or manufactured and the damage that the copyright
owner has suffered by reason of the infringement: Provided, That the respective maximum penalty stated in Section
217.1. (a), (b) and (c) herein for the first, second, third and subsequent offense, shall be imposed when the
infringement is committed by:
(a) the circumvention of effective technological measures;
(b) the removal or alteration of any electronic rights management information from a copy of a work, sound
recording, or fixation of a performance, by a person, knowingly and without authority; or
(c) the distribution, importation for distribution, broadcast, or communication to the public of works or copies
of works, by a person without authority, knowing that electronic rights management information has been
removed or altered without authority.
Affidavit Evidence
An affidavit made before a notary public by or on behalf of the owner of the copyright in any work or other
subject matter and stating that:
(a) At the time specified therein, copyright subsisted in the work or other subject matter;
(b) He or the person named therein is the owner of the copyright; and
(c) The copy of the work or other subject matter annexed thereto is a true copy thereof.
The affidavit shall be admitted in evidence and shall be prima facie proof of the matters therein stated until the
contrary is proved, and the court before which such affidavit is produced shall assume that the affidavit was made by
or on behalf of the owner of the copyright.

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R.A.

10372: Amendments of the Intellectual Property Code of the Philippines

Fair Use of a Copyrighted Work

Term of Moral Rights

II. Seizure and Impounding; Independent Suit

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