The Intellectual Property Office of the Philippines (IPOPHL) recently rallied industry leaders to advocate for robust copyright protection for artists, aiming to preserve the nation's creative heritage in the face of advancements in artificial intelligence and the growing demand for digital content creation. The Intellectual Property Code (IP Code)1 governs the rights over copyright, further providing guidelines for its protection and defining its limitations.
This article will guide you in understanding the basics of copyright law in the Philippines and the legal guidelines to determine whether a work is copyrightable or not.
What is a Copyright?
In Cosac Inc., v. FILSCAP, Justice Hernando emphasized that “copyright is the right to literary property as recognized and sanctioned by positive law; it is an intangible, incorporeal right granted by statute to the author or originator of certain literary or artistic productions, whereby he or she is invested, for a specific period, with the sole and exclusive privilege of multiplying copies of the same and publishing and selling them.”2 The rights over copyrights are conferred from the moment of creation.3
The IP Code reserves the right to copyright to the creator, his heirs or assigns and co-authors for works involving a joint creation, among others.
Accordingly, it is essential to understand what copyright is especially when you want to protect your intellectual reaction.
Copyrightable or Not? 3 Legal Guidelines to Consider
Before you can enforce your rights under copyright law, then you must first comply with the legal guidelines provided by law:
1. Copyrightable works
The scope of copyright is confined to literary and artistic works which are original intellectual creations in the literary and artistic domain protected from the moment of their creation.4 As such, copyright works include literary and artistic works and derivative works constituting the provisions under Sections 172 to 173 of the IP Code. Notably, any original work expressed in a tangible, fixed form qualifies as a creation eligible for copyright protection.
Among copyrightable works are books, musical compositions, illustrations, and drawings.5
2. Works not protected by copyright
Copyright protection does not extend to any idea, procedure, system, method or operation, concept, principle, discovery or mere data as such, even if they are expressed, explained, illustrated or embodied in a work; news of the day and other miscellaneous facts having the character of mere items of press information; or any official text of a legislative, administrative or legal nature, as well as any official translation thereof.6
3. Requirements for copyright protection
Copyrightable works are grounded on originality and copyrightability. Originality means that the material was not copied, evidences at least minimal creativity and was independently created by the author, while copyrightability means that there should be at least a minimum degree of creativity. Ownership of copyrighted material is shown by proof of originality and copyrightability.7
Conclusion
Understanding what constitutes a copyrightable work under the IP Code is essential for protecting your intellectual creation. Proper knowledge of copyright law fosters a culture of innovation and creativity, reinforcing a robust intellectual property system that benefits you and society. Whether you are a musician, author, or painter, adhering to these guidelines promotes a balance between protection and access to creative works.
To learn more about copyright, book a consultation with an experienced attorney. You may also email your queries to admin@pinollaw.com.
1 An Act Prescribing the Intellectual Property Code and Establishing the Intellectual Property Office, Providing for its Powers and Functions, and for other Purposes, Republic Act No. 8293, §1 (January 1, 1998) [hereinafter Intellectual Property Code of the Philippines].
2 Kensonic, Inc. v. Uni-line Multi-Resources, Inc. (Phil.), 832 Phil. 495, 505 (2018), citing Black's Law Dictionary, Centennial Edition, 6th ed. West Group, St. PaulMinnesota, USA, 1990, p. 336.
3 Intellectual Property Code of the Philippines, §172.1
4 Pearl & Dean (Phil.),Incorporation v. Shoemart, Incorporated (G.R. No. 148222, August 15, 2003)
5 Intellectual Property Code of the Philippines, §172
6 Intellectual Property Code of the Philippines, §175
7 Olanov. Lim Eng, G.R. No. 195835, March 14, 2016
