Copyright protection affords creators exclusive rights over their works for a specific period to ensure economic benefit within such period. In the Philippines, the provisions of the term of protection of copyright are governed by the Intellectual Property Code (IP Code).1 Further, the State shall protect and secure the exclusive rights of artists and other gifted citizens to their intellectual property and creations, particularly when beneficial to the people, for such periods as provided in such Code.2
This article explores the duration of copyright protection and options for creators to preserve their intellectual property through the transfer or assignment of copyright.
Term of Protection of Copyright
Sections 213- 215 of the IP Code provide for the term of copyright protection. Here are the following types of copyright and their respective term of protection:
1. Literary, artistic, and derivative works
These works have a term protection during the creator's lifetime and for 50 years after his or her death.
2. Work of applied art
A work of applied art is an artistic creation with utilitarian functions or incorporated in a useful article, whether made by hand or produced on an industrial scale with utilitarian.3 The law grants the duration of 25 years from the date of making such creation.
3. Photographic works
These works have a term of protection of 50 years from the publication of the work, or from making if unpublished.
4. Broadcast
Has a term of protection of 20 years from the date of broadcast.
5. Joint creation
The economic rights shall be protected during the life of the last surviving author and for 50 years after the death of the last surviving author.
6. Anonymous or pseudonymous work
Till the end of 50 years following the date of their first publication.
After the expiration of the terms stated above, the works enter the public domain, allowing anyone to access, modify, or utilize them without seeking permission.
Transfer or Assignment of Copyright
Through IP assignment, specifically copyright, copyright owners can generate additional income by selling their intellectual property, permitting others to use it, and forming joint ventures or collaborative agreements with partners possessing complementary assets.4
The copyright may be assigned in whole or in part. Within the scope of the assignment, the assignee is entitled to all the rights and remedies which the assignor had with respect to the copyright.5
An assignment or exclusive license may be filed in duplicate with the National Library upon payment of the prescribed fee for registration in books and records kept for the purpose. Upon recording, a copy of the instrument shall be returned to the sender with a notation of the fact of record. Notice of the record shall be published in the IPO Gazette.6
Conclusion
Understanding the duration of a copyright is crucial for creators to protect their works and maximize their value. While the IP Code provides the respective duration for protection, creators and artists can take proactive steps, such as creating derivative works or exploring other intellectual property protections, to extend the relevance and economic benefit of their creations. As artists, you can also transfer or assign your rights to a copyright to explore how you can derive economic potential from your work.
To learn more about copyright, book a consultation with our accredited attorney. You may also email us at admin@pinollaw.com.
1 An Act Prescribingthe Intellectual Property Code and Establishing the Intellectual PropertyOffice, Providing for its Powers and Functions, and for other Purposes,Republic Act No. 8293, (January 1, 1998) [hereinafter Intellectual PropertyCode of the Philippines].
2 Intellectual Property Code of thePhilippines, §2
3 Intellectual Property Code of the Philippines, §171
5 Intellectual Property Code of thePhilippines, §180
6 Id, §182.
