Philippine Copyright Law
Intellectual Property Rights
Intellectual Property Code of the Philippines is
officially known as Republic Act No. 8293. The Philippine copyright law is based on United
States copyright law and the principles of the Berne Convention for the Protection of
Literary and Artistic Works. Philippine copyright laws, unlike other copyright laws, also
protect patents, trademarks, and other forms of intellectual property.
Apart from Philippine copyright laws there are also other
laws that protect copyrights, like the Optical Media Act, which protects music, movies,
computer programs and video games. Copyright implementation is done with the coordination
of the Intellectual Property Office IPO and the Copyright Division of the National Library
of the Philippines.
The Intellectual Property Code also protects pending
copyrights by providing automatic copyrights, a move similar to automatic copyright
provisions in United States copyright law, as stated in the code since provisions in the
code provide for automatic copyright once the work has been made.
Section 185 of the Intellectual Property Code provides for fair use of copyrighted
material is based on the United States fair use doctrine. Even if a copyrighted work is
unpublished, it can qualify as fair use under Philippine copyright law.
Moral rights: Moral rights, which can be exercised by any copyright holders (individuals,
corporations, etc.), are enshrined in Chapter 10 of the Intellectual Property Code.
However, Section 193 of the code which also outlines a copyright holder's moral rights,
makes these rights independent of economic rights outlined in Section 177 of the code.
Ownership of copyright
Philippine copyright law expressly gives copyright ownership to the copyright holder.
Since Philippine law permits automatic copyright, a copyright notice is not needed.
Government copyright under Philippine copyright law is established in Section 176 and its
subsections. Under the section, all official Philippine texts of a "legislative,
administrative, or judicial nature" or any official translation of those kinds of
texts may not be copyrighted and are in the public domain.