LAW ON COPYRIGHT FACTS: Selden obtained a copyright protection for his

book “Selden’s Condensed Ledger or Bookkeeping

Copyright – literary and artistic works which are original Simplified” which purported to explain a new system of
intellectual creations in the in the literary and artistic bookkeeping. Included in the book were blank forms and
domain protected from the moment of their creation. illustrations. The defendant then produced forms which
were similar to the forms illustrated in Selden’s book.
Copyright is synonymous with economic rights, and shall
consist of the exclusive right to carry out, authorize or ISSUE: WON the actual forms illustrated in the book are
prevent the ff: protected by copyright.

1. Reproduction of the work or substantial portion of RATIO DECIDENDI:

the work;
2. Dramatization, translation, adaptation, 1. No. Exclusivity to the actual forms is not protected by
abridgment or other transformation of the work; copyright. Reason: To grant a monopoly in the
3. The first publication of the original and each copy underlying art when no examination of its novelty has
of the work by sale or other forms of transfer of ever been made would be a surprise and fraud to the
ownership; public. Copyright merely employs a recordal system
4. Rental or the original or a copy of the work; without the benefit of an in-depth examination of
5. Public display of the original or a copy of the novelty.
work;
6. Public performance of the work; Copyright is a statutory right – the rights are limited to
7. Other communication to the public of the work. what the statute confers. Accordingly, it can cover only the
works falling within the statutory enumeration or
Copyright vis-à-vis Patent – as to object, patent involves description.
inventions while copyright includes literary and artistic
works. NOTE: The enumeration of the scope of copyright
is found under Sec. 172. Those works are
P&D v. SHOEMART protected by the sole fact of their creation,
irrespective of their mode or form of expression,
GR No. 148222 as well as of their content, quality and purpose.
August 15, 2003
Copyright and E-Commerce Act – the advent of
FACTS: P&D is a corporation engaged in the manufacture electronic communication and commerce enlarged the
of light boxes under the trademark ‘Poster Ads.’ It scope of copyright.
employed the services of Metro Industrial Services to
manufacture its advertising displays. P&D received reports OLANO V. CO
that exact copies of its light boxes were installed at SM
City. GR No. 195835
March 14, 2016
ISSUE: If the light boxes are granted copyright protection,
is the light box depicted in such engineering drawings ipso FACTS: LEC invited architects of Project to submit designs
facto also protected by such copyright? and drawings and specifications for interior and exterior
hatch doors. LEC was thereafter subcontracted by SKI-FB.
RATIO DECIDENDI: LEC learned that Metrotech was also subcontracted to
install hatch doors. LEC demanded Metrotech to cease
1. A copyright over the drawings like the plaintiff’s will not from infringing its intellectual property rights.
extend to the actual object; what was copyrighted was
the technical drawings only, and not the light boxes ISSUE: WON Metrotech infringed the copyright of LEC.
themselves. The light box was not a literary or artistic
piece which could be copyrighted. RATIO DECIDENDI:

1. No. The elements of copyright infringement did not

BAKER V. SELDEN
simultaneously concur. Copyright infringement occurs
when any person shall use original literary and artistic
101 US 841 [1879]
works without the copyright owner’s consent. The
evidence on record must show:
 a. Ownership of a validly copyrighted material FACTS: BJPI is the holder of Rhoda and Me, a dating game
by the complainant; show. While watching TV, petitioner saw on RPN Channel
b. Infringement of the copyright by the 9 an episode of It’s a Date, which was produced by IXL. The
respondent. petitioner wrote a letter to the president of IXL demanding
While both elements subsist, they did not that the latter discontinue airing It’s a Date.
simultaneously concur.
2. The element of copyrightability is absent. The hinges on ISSUE: WON the format or mechanics of petitioner’s
LEC’s hatch doors have no ornamental or artistic television show is entitled to copyright.
value.
RATIO DECIDENDI:
3. Hatch doors were not artistic works within the meaning
of copyright laws. A hatch door, by its nature, is an 1. No. Format of a show is not copyrightable. The format
object of utility. It is intrinsically a useful article which or mechanics of a television show is not included in
is not eligible for copyright. the list of protected works.
GR: A useful article defined as an article having an 2. Copyright, in the strict sense of the term, is purely a
intrinsic utilitarian function that is not merely to statutory right – the rights are only such as the statute
portray the appearance of the article or to convey confers. A copyright may be obtained only for a work
information is excluded from copyright eligibility. falling within the statutory enumeration or
XPN: When a useful article incorporates a design description. The law refers to finished works, not
element that is physically or conceptually concepts.
separable from the underlying product. 3. The copyright does not extend to the general concept
4. Being articles of manufacture already in existence, or format of its dating game show.
they cannot be deemed as original creations. Valid
copyright ownership denotes originality of the ABS-CBN v. GOZON
copyrighted material. ‘Originality’ means that the
material was not copied, evidences at least minimal GR No. 195956
creativity and was independently created by the March 11, 2015
author.
FACTS: ABS-CBN conducted live video coverage of the
Derivative works – creations that are based on an arrival of one Angelo dela Cruz at NAIA. ABS-CBN allowed
existing work, i.e. series of film, remake of an old song, etc. Reuters to air the footages it had taken earlier. GMA
These works shall be protected as new works, provided, subscribed to Reuters and CNN. It received a live video
however, that such new work shall not affect the force of feed of the coverage of Angelo dela Cruz’s arrival. GMA-7
any subsisting copyright upon the original works. immediately carried the live newsfeed.

Publisher’s right - publisher shall have a copyright ISSUE: WON news footage is copyrightable under the law.
merely of the right of reproduction of the typographical
arrangement of the published edition of work. RULING:

Publisher - someone engaged in the business of 1. The news footage is copyrightable. Under the law,
publishing materials such as books, news, and “news of the day and other miscellaneous facts having
magazines. the character of mere items of press information” are
considered unprotected subject matter. However, the
Non copyrightable works Code does not state that expression of the news of the
day, particularly when it underwent a creative
1. Ideas, concepts, principles, discoveries and the likes process, is not entitled to protection.
2. News of the day; An idea or event must be distinguished from the
3. Official government texts from the three branches of expression of that idea or event. Ideas can be
the government. either abstract or concrete. It is the concrete ideas
that are generally referred to as expression.
JOAQUIN V. DRILON
Works of the Government – work created by an officer or
GR No. 108946
employee of PH Government or any of its subdivision or
January 28, 1999
instrumentalities, including GOCC, as part of his regularly
prescribed official duties.
GR: No copyright shall subsist in any work of the 3. Audiovisual work - producer, the author of the
Government of the Philippines. scenario, the composer, film director, etc.
4. Letters – to the writer.
XPN: The Government is not precluded from 5. Anonymous and pseudonymous works – the
receiving and holding copyrights transferred to it publisher shall be deemed to represent the authors.
by assignment, bequest or otherwise.
Transfer or assignment – copyright may be assigned or
Two (2) elements: licensed in whole or in part. The assignee is entitled to all
the rights and remedies which the assignor had.
1. The creator must be an officer or employee of the
government; NOTE:
2. The work was done as part of his regularly
prescribed official duties. o As to newspaper or periodicals – the
submission of a literary, photographic or
Prior approval of the Government artistic work to a newspaper, magazine or
periodical for publication shall constitute only
GR: Prior approval of the government agency wherein the
a license to make a single publication, unless
work is created shall be necessary for exploitation of such
a greater right is expressly granted.
work for profit.
o As to joint ownership – neither of the
XPN: No prior approval shall be required for the owners shall be entitled to grant license
use of any purpose or statutes, rules and without the prior written consent of the other
regulations, and speeches, lectures, sermons, owner or owners.
addresses, and dissertations, pronounced, read or
rendered in courts of justice, before Form and recording – the copyright is not deemed
administrative agencies, in deliberative assembles assigned or licensed unless there is a written indication of
and in meetings of public character. such intention.

Copyright ownership Limitations on copyright – the ff. shall not constitute

copyright infringement:
1. In the case of original literary and artistic works,
copyright shall belong to the author of the work. 1. The recitation or performance of work, if:
2. GR: In case of joint authorship, the co-authors shall be  Lawfully made accessible to the public;
the original owners. In the absence of agreement, their  Done privately and free of charge; or
rights are governed by the rules on co-ownership.  Made for a charitable or religious institution.
XPN: If it consists of parts than can be used 2. The making of quotations from a published work, if:
separately and the author of each part can be  Compatible with fair use;
identified, the author of each part shall be the  Source and the name of the author must
original owner of the copyright in the part he appear on the work;
created. NOTE: Published works – works, which, with the
consent of authors, are made available to the public by
Copyright ownership in: wire or wireless means.
3. Reproduction or communication to the public by mass
1. The course of employment – the copyright belongs media, if:
to:  The use is for information purposes;
a) The employee – if the creation of the object is  The source is clearly indicated.
not part of his regular duties, even if the 4. Reproduction or communication to the public of
employee uses the dime, facilities, and literary, scientific and artistic works as part of reports
materials of the employer. of current events;
b) The employer – if the work is the result of 5. The inclusion of a work in a publication, broadcast, or
the performance of his regularly-assigned other communication to the public, provided:
duties, unless there is an agreement.  The source and name of author is mentioned.
2. Of a commissioned work – the person who 6. The recording made in schools for the use of such
commissioned the work shall have ownership of the schools, provided:
work, but the copyright thereto shall remain with  Must be deleted within a reasonable period.
creator.
7. The making of ephemeral recordings. scholarship, research and similar purpose is not an
8. The use made of work by or under the direction or infringement of copyright. In determining whether the use
control of the government, by the National Library. of a work is fair use, the factors to be considered are:
 This presupposes government’s use for public [PANE]
interest.
 No payment of just compensation is 1. Purpose and character of the use;
necessary. 2. Amount and substantiality of the portion
9. The public performance or the communication to the used;
public of a work, provided:
NOTE: Substantiality weighs more than the
 In a place where no admission fee is charged,
amount. It does not necessarily require that
or for charitable or educational purpose.
the entire copyrighted work, or even a large
10. Any use of a work for the purpose of any judicial
portion of it, be copied. If so much is taken
proceedings or for the giving of professional advice by
that the value of the original work is
a legal practitioner.
substantially diminished, there is an
infringement of the copyright.
ABS-CBN V. PMSI
3. Nature of the copyrighted work;
GR No. 175769-70
4. Effect of the use;
January 19, 2009
NOTE: If say, 10 out 500 pages is copied, and
FACTS: The programs aired by Channels 2 and 23 are those pages proved to be the reason why the
either produced by ABS-CBN or purchased from or book is being patronized, then it may be
licensed by other producers. PMSI was granted a unfair use.
legislative franchise to install, operate and maintain a
HABANA V. ROBLES AND GOODWILL TRADING
nationwide satellite service. It offered as part of its
program Channels 2 and 23. ABS-CBN demanded for PMSI
GR No. 131522
to cease and desist from rebroadcasting said channels.
July 19, 1999
ISSUE: WON ABS-CBN can prevent PMSI in rebroadcasting
FACTS: Petitioners are authors of a book entitled “College
Channel 2 and 23.
English for Today” [CET]. Respondents are authors of a
RATIO DECIDENDI: [NO] book entitled Developing English Proficiency [DEP]. By
chance, petitioners came upon the book of respondent and
1. The law on copyright is not absolute. “Must-Carry rule” upon perusal of the said book, they were surprised to see
is a limitation of copyright. Sec. 184.1 of IP Code that the book was strikingly similar to the contents,
provides that: scheme of presentation, illustrations in their own book,
“The use made of a work by or under the direction CET.
and control of the Government, by the National
Library, or by educational, scientific or professional ISSUE: WON, despite the apparent textual, thematic and
institutions where such use is for public interest and is sequential similarity between DEP and CET, respondents
compatible with fair use.” committed no copyright infringement.
The carriage of ABS-CBN’s signals by virtue of a
RATIO DECIDENDI: [YES]
circular is under the direction and control of the
government through the NTC. The imposition of the 1. Respondent’s act of lifting from the book of
must-carry rule is within the NTC’s power to petitioner substantial portions of discussions and
promulgate rules and regulations, as public safety and examples, and her failure to acknowledge the
interest may require, to encourage a larger and more same in her book, is an infringement of
effective use of communications, and to maintain petitioner’s copyrights. Several pages of the DEP’s
effective competition among private entities. book are similar, in not identical, with the text of CET.
2. Measure of substantiality of production. It does not
Fair use – using somebody else’s work fairly, i.e. what is necessarily require that the entire copyrighted work,
reasonable under circumstances. or even a large portion of it, be copied. If so much is
taken that the value of the original work is
The fair use of a copyrighted work for criticism,
comment, news reporting, teaching for classroom use,
 substantially diminished, there is an infringement of 4. Computer programs;
the copyright. 5. Any work in cases where reproduction would
3. Respondent’s copying is injurious. Even if unreasonably conflict with normal
petitioners and respondent Robles were of the same exploitation of the work, or unreasonably
background in terms of teaching experience and prejudice the legitimate interests of the
orientation, it is not an excuse from to be identical author.
even in examples contained in their books.
4. Pulling out of books from the stores are indicia of Reprographic reproduction by Libraries – libraries or
guilt. When the DEP’s books were re-issued as a archives may, without the authorization of the author or
revised version, all the pages cited by petitioners to copyright owner copy the work, provided: (1) it is not for
contain portion of the CET were eliminated. profit; and (3) for a limited number of copies.
5. Failure to acknowledge original author produces
Reproduction of computer program – the reproduction
injurious effect. In infringement, copying alone is not
in one back-up copy shall be permitted without the
what is prohibited. The copying must produce and
authorization of the author, provided it is necessary for:
“injurious effect.” The injury consists in that Robles
lifted from petitioner’s book materials that were the (1) The use of the computer program; and
result of the latter’s research work and (2) For archival purposes and for replacement in the
misrepresented them as her own. event the computer program is lost, destroyed or
rendered unusable.
Plagiarism vis-à-vis copyright infringement
Computer – electronic or similar device having
Plagiarism – practice of claiming or implying information processing capabilities. This embraces
original authorship of someone else’s written or any other electronic device, aside from the equipment
creative work, in whole or in part, into one’s own we normally know as computer.
without adequate acknowledgement. It is
concerned with unearned increment to the Computer program – set of instructions expressed in
plagiarizing author’s reputation that is achieved works, codes, schemes, or in any other form which is
through false claims of authorship. capable when incorporated in a medium that the
computer can read, or causing the computer to
Copyright infringement – violation of perform or achieve a particular task or result. It is
the rights of the copyright holder, when what makes the computer usable.
material is used without the copyright
holder’s consent. NBI-MICROSOF V. HWANG

Copyright in work of Architecture – includes the right to GR No. 147043

control the erection of any building which reproduces the June 21, 2005
whole or substantial portion of the work.
FACTS: Microsoft and Beltron entered into a licensing
NOTE: Copyright shall not include the right to agreement, which provides in part that Beltron is
control the reconstruction or rehabilitation in the authorized to reproduce and install no more than one (1)
same style as the original. copy of Microsoft software on each Customer System ROM.
Microsoft terminated the Agreement for Beltron’s non-
Reproduction of a Published Work – a private
payment of royalties. Microsoft learned that respondents
reproduction of a published work in a (1) single copy,
were illegally copying and selling Microsoft softwares.
where the reproduction is made by a (1) natural person,
Consequently, an NBI agent bought a computer hardware
exclusively (3) for research and private study, shall be
and software from respondents. The CPU contained pre-
permitted, without authorization. [SNR]
installed Microsoft softwares. After which, search warrants
The permission shall not extend to the reproduction were served and several computers hardware and
of: software were seized. Beltron argued that Microsoft
should have filed a collection suit instead of criminal
1. Work of architecture; complaint. DOJ dismissed Microsoft’s complaint for lack of
2. An entire book, or a substantial portion merit.
thereof by reprographic means;
3. Compilation of data and other materials;
ISSUE: WON the DOJ acted with grave abuse of discretion recognition that there exists a greater dimension in
in not finding probable cause to charge respondents with copyright aside from pecuniary interest.
copyright infringement and unfair competition.
NOTE: Moral rights cannot be assigned. As a
RATIO DECIDENDI: [YES] result, it may happen that the owner of the
copyright is different from the owner of moral
1. The gravamen of copyright infringement is the right.
unauthorized performance of any acts covered by
Sec. 177 and 189(1) or RA 8293. Hence, any person Scope of moral rights
who performs any of the acts under Sec. 177 without
obtaining the copyright owner’s prior consent renders (1) Right to be attributed – to require that the
him civilly and criminally liable for copyright authorship be attributed to the author, i.e., that right
infringement. that his name be indicated in a prominent way on the
2. Evidence is sufficient to support finding of copies; [Term: lasts during the lifetime of the author
probable cause. and in perpetuity after his death]
(1) CD-ROMS containing Microsoft bought from (2) To make alterations of his work prior to, or to
respondents; withhold it from publication; [Term: coterminous with
(2) CPUs with pre-installed Microsoft software; economic rights]
(3) 2, 831 CD-ROMS were seized from respondents; (3) Right of integrity against derogatory treatment - to
object to any distortion, mutilation or other
No basis for the DOJ to rule that Microsoft must await modification of, or other derogation in relation to his
a prior resolution of the proper court of WON the work; [Term: coterminous with economic rights]
Agreement is still binding between the parties. (4) Right against false attribution – to restrain the use
Microsoft can neither be expected nor compelled to of his name with respect to any work not of his own
wait until Beltron decides to sue before Microsoft can creation on in distorted version of his work. [Term:
seek remedies. coterminous with economic rights]

3. Articles seized are counterfeit per se. They are Waiver – an author may waive some, but not all, his moral
counterfeit per se because Microsoft does not and rights by a written instrument. No waver shall be valid its
could not have authorized anyone to produce such CD- effect is to permit another:
ROMS. The copying of the genuine Microsoft software
to produce these face CD-ROMS and their distribution (1) To use the name of the author, or the title of his
are illegal, even if the copier or distributor is a work, or to make use of his reputation with
Microsoft licensee. respect to any version of his work which, because
of alterations therein, would substantially tend to
Importation and exportation of infringing materials – injure the literary or artistic reputation of another
subject to the approval of the Secretary of Finance, the author
Commissioner of Customs is hereby empowered to make (2) to use the name of the author with respect to a
rules and regulations for preventing the importation or work he did not create;
exportation of infringing articles.
Right of attribution in a collective work
NOTE: The conditions found under RA 10372, for
Collective work – one created by two or more natural
importation of a copy or work by an individual for his
persons at the initiative and under the direction of
personal purpose was deleted. Now, one may bring
another, with the understanding that:
into the country more than three (3) copies of work,
provided: (1) It will be disclosed by the latter under his own
name; and
(1) They were legally purchased abroad;
(2) The contributing natural persons will not be
(2) Subject to further rules and regulations of
identified.
BOC.
GR: When an author contributes to a collective work,
Moral Rights – personal rights independent from
his to have his contribution attributed to him is
economic rights. Being a personal right, it can only be
deemed waived.
given to a natural person. The recognition of which is a
XPN: Unless it is expressly reserved.
Right to proceeds in subsequent transfers of copyright where the omission is dictated by the manner of the use of
the performance.
In sale or lease – subsequent to the first disposition by
the author, the author or his heirs shall have an inalienable Term – 50 years after his death, by his heirs, and in
right to participate in the gross proceeds of the sale or default, the government.
lease to the extent of 5%.
Additional remuneration - in every communication to
NOTE: This right shall exist during the lifetime of the public subsequent to the first, performer shall be
the author and for 50 years after his death. entitled to an additional remuneration equivalent to at
least five percent (5%) of the original compensation he
Performers, producers, and broadcasting received for the first.
organizations
Scope of right of producers of sound recordings
Definitions:
1. Right to authorize direct or indirect reproduction
Performers – actors, singers, musicians, dancers, of their sound recordings.
and others who perform literary and artistic 2. The right to authorize the first public distribution
works. of the original and copies of their sound
recordings, through sale or rental.
Sound recording - fixations of sounds of a
3. The right to authorize the commercial rental to
performance
the public of the original and copies of their sound
Audiovisual work or fixation – series of related recordings.
images which impart the impression of motion, 4. The right of authorizing the making available to
with or without the accompanying sounds. the public of their sound recordings.

Fixation – embodiment of sounds. Scope of right of broadcasting organizations

Producer of a sound recording – one who has 1. Rebroadcasting of their broadcasts;

the responsibility for the first fixation of the 2. The recording in any manner for the purpose of
sounds of a performance communication to the public;
3. The use of such records from fresh transmissions
Broadcasting – transmission by wireless means or for fresh recording.
for the public reception of sounds or of images or
representations. Term of copyright – protection lasts during the life of the
author, and 50 years after his death.
Broadcasting organization - natural or juridical
entity authorized to engage in broadcasting. In case of joint authorship – during the life of the
last surviving author and for 50 years after his
Scope – performers enjoy the ff. rights: death.

1. As regards performance, the right to authorize: In case of pseudonymous works – 50 years from
(1) Broadcasting and communication to the public of the date on which the work was first lawfully
their performance; published.
(2) Fixation of their unfixed performance.
2. Right to authorize direct or indirect reproduction of In case of works of applied art – 25 years from
their performance. the date of making.
3. The right to authorize the first public distribution of
In case of photographic works – 50 years from
the original and copies of their performance.
the publication of work; if unpublished, 50 years
4. The right of authorizing the commercial rental to the
from the making.
public of the original and copies of their performances.
5. The right of authorizing the making available to the In case of audiovisual works – 50 years from the
public of their performances. date of publication; if unpublished, from the date
of making.
Moral rights of performers – the right to claim to be
identified as the performer of his performance, except
 In case of performers, producers, and Presumption of authorship – the natural person whose
broadcasting organizations name is indicated on a work in the usual manner as the
author shall, in the absence of proof to the contrary, be
1. Unincorporated performances – 50 years presumed to be the author of the work.
from the end of the year in which the
performance took place; Prescription – four (4) years from the time the cause of
2. Incorporated sound recordings – 50 years action arose.
from the end of the year in which the
sound recording took place. Deposit and notice - two complete copies and
reproduction work shall be registered and deposited in the
Calculation of term – runs from the date of his death or of National Library and the Supreme Court Library, within
publication, but such term shall always be deemed to begin three (3) weeks, by personal delivery or by mail. A
on the first day of January. Certificate of Deposit shall then be issued

REMEDIES AGAINST INFRINGMENT NOTE: The registration and deposit is purely for
recording the date of registration and deposit of
Infringement takes place when one: the work, and shall not be conclusive as to
copyright ownership or the term of the copyrights.
1. Directly commits an infringement;
2. Benefits from the infringing activity, if the person MANLY SPORTSWEAR V. HERMES SPORTS CENTER
benefiting was given notice.
3. Without knowledge of the activity, induces, GR No. 165306
causes, or materially contributes to the infringing September 20, 2005
conduct of another.
FACTS: Search warrants were served against Daddote and
Remedies Hermes Sports Center allegedly for possession of goods,
the copyright of which belonged to MANLY. MANLY argued
1. Injunction restraining such infringement. that the goods were ordinary and common hence, ot
2. Payment to the copyright proprietor or his assigns or among the classes of work protected. The trial court
heirs actual damages, including legal costs and other declared the search warrant null and void based on the
expenses. findings that the products of MANLY do not appear to be
3. Delivery, under oath, for impounding during the original creations and were being manufactured locally
pendency of the action. and abroad.
4. Delivery, under oath, for destruction without any
compensation. ISSUE: WON the copyright registration in favor of MANLY
5. Such other terms and conditions, including the can sustain the action against the respondents.
payment of moral ad exemplary damages.
RATIO DECIDENDI:
Alternative: Statutory damages – the copyright owner
may elect at any time before final judgment instead of 1. No copyright accrues in favor of MANLY despite
actual damages and profits, an award of final damages in issuance of the certificate. The copyright certificate
the amount of P50, 000.00 is merely a prima facie evidence of validity of
ownership. Hence, where sufficient proof that the
Presumptions copyrighted products are not original creations but
are readily available in the market under various
1. Copyright shall be presumed to subsist in the brands, validity and originality will not be presumed.
work if the defendant does not put in issue the 2. The certificate of registration and deposit serve
question whether copyright subsists in the work; merely as a notice of recording and registration of
2. The copyright is established, the plaintiff shall be the work, but do not confer any right or title upon the
presumed to be the owner of the copyright if he registered copyright owner or automatically put his
claims to be the owner. work under the protective mantle of the copyright law.
It is not conclusive proof of copyright ownership.
NOTE: If defendant, without good faith, puts in issue
the question of subsistence of copyright, thereby TEN FAST LAWS
occasioning unnecessary costs or delay, the costs shall
be paid by him to such other parties.
1. Copyright is confined to literary and artistic works
which are original intellectual creations in the
literary and protected from the moment of
creation.
2. Ideas, concepts, principles and discoveries and the
likes are not subject to copyright.
3. News of the day is not subject to copyright.
4. Official government texts are not subject to
copyright.
5. In case of a commission work, the person who
commissioned the work shall have ownership of
the work, but the copyright thereto shall remain
with the creator, unless the contrary has been
agreed upon.
6. Copyright is distinct from material object, such
that the assignment of copyright does not
necessarily mean assignment of the material
object, and vice versa.
7. Among other limitations, recitation or
performance of a work, once it has been lawfully
made accessible to the public, if done privately
and free of charge or if made strictly for a
charitable or religious institution or society will
not subject the performer to liability.
8. Fair use will exempt liability from copyright
infringement.
9. The author enjoys not just economic rights but
also moral rights of the work.
10. The author has an inalienable right to participate
in the gross proceeds of the sal or least to the
extent of five percent (5%) over the original work
during his lifetime and 50 years after his/her
death.