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    Issah Samson
    The document discusses copyright law and related concepts in the Philippines. It covers topics such as copyright protection extending only to the expression of ideas and not the ideas themselves, derivative works, joint and individual copyright ownership, fair use, and moral rights of authors.

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    Ipl Draft

    Uploaded by

    Issah Samson
    40 views2 pages
    The document discusses copyright law and related concepts in the Philippines. It covers topics such as copyright protection extending only to the expression of ideas and not the ideas themselves, derivative works, joint and individual copyright ownership, fair use, and moral rights of authors.

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    Copyright

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    The document discusses copyright law and related concepts in the Philippines. It covers topics such as copyright protection extending only to the expression of ideas and not the ideas themselves, derivative works, joint and individual copyright ownership, fair use, and moral rights of authors.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    40 views2 pages

    Ipl Draft

    Uploaded by

    Issah Samson
    The document discusses copyright law and related concepts in the Philippines. It covers topics such as copyright protection extending only to the expression of ideas and not the ideas themselves, derivative works, joint and individual copyright ownership, fair use, and moral rights of authors.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 2

    Idea/Expression Dichotomy 1) register

    Copyright only protects the expression of the


    ideas, not the ideas themselves How to reconcile the “work is protected from
    (Sec 175, RA 8293) time of creation” and the requirement of
    registration?
    Ching vs. Salinas
    A useful article may be copyrightable only if Upon moment of creation, work is created.
    and only to the extet that such design Additional requirement of deposit ???
    incorporates pictorial, graphic, or sculptural
    features that can be identified separately
    from and are capable of existing COPYRIGHT OR ECONOMIC RIGHTS
    independently of the utilitarian aspects of the
    article
    Case: Malang Santos vs McCullough
    The author of a literary composition has a
    b. Derivative Works right to the first publication. He has a right to
    Sec. 173
    determine whether it shall be published at all,
    and if published, when where by whom and
    Laktaw vs Paglinawan in what form. This exclusive right is confined
    “Nobody may reproduce another person’s to the first publication. When once
    work without the owner’s consent, even published, it is dedicated to the public and
    merely to annotate or add anything to it, or the author loses the exclusive right to control
    improve any edition thereof.”
    subs publication by others, unless the work
    is placed under the protection of the
    Research assignment:
    copyright law.

    When writing a book, and you quote different


    authors, do you need to ask permission to Atty R:

    authors knowing that you’ve already earning


    from it?
    Sec. 178

    Is plagiarism a crime?
    COPYRIGHT OWNERSHIP

    c. Published edition of work Join ownership (178.2)


    Co-owners shall be the original owners of
    What works are not protected? Sec. 175 the copyright. Absent such agreement, they
    will be governed by the law on co-
    ownership.

    Research:

    Is Einstein’s formula copyrightable?

    EE-ER ownership (178.3)


    News are not protected but on how you To ER, if work is done in his regular duties.
    expressed the article, it is protected.
    To EE, if work is specially ordered or not
    done in his regular duties.

    Memorize Sec 177

    Art. 723 Civil Code

    Art 723
    Letters and other private communications
    shall be owned by the addressee but they
    Prelims: before infringement
    cannot be published without the consent of
    the writer and his heirs.

    Filipino Composers case:

    -song has been popular before it was Grey: ordinary letter and the artistic works

    published, there already

    -law effective during the time says that after Q: Can you post private messages in FB in
    registration of the song, within 60 days, you public?
    need to publish it again. Two acts needed to
    be done:

    TRANSFER OR LICENSING OF
    COPYRIGHT

    Q: Can copyright be assigned?

    DESIGNATION OF SOCIETY
    Art. 183

    Q: What is Fair Use of Copyright Work?

    Case: A&M Records Inc vs Napster


    Four Factors: *memorize*

    • The purpose of the use is whether for


    profit or not educational purposes?

    • Nature of the copyrighted work

    • The amount and substantiality of the


    portion used in relation to the
    copyrighted work as a whole; and

    • The effect of the use upon the potential


    market for or value of the copyrighted
    work

    Case: Habana vs Robles


    When is there a substantial reproduction of a
    book? It does not necessarily require that the
    entire copyrighted work, or even a large
    portion of it be copied. If so much is taken
    that the value of the original work is
    substantially diminished, there is an
    infringement of copyright and to an injurious
    extent, the work is appropriated.

    Case: ABSCBN vs Phil. Multi-media


    *read*

    Sec. 191 Requirement of registration and


    deposit with National Library and SC Library

    Q: Is work still protected even if the


    requirements under this section is not
    complied?

    MORAL RIGHTS
    Sec. 193 **memorize at leat 4 moral rights*

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