Filipino social media users exceed the global average in user engagement in varying online activities, with 73.4% of the total population identified as active user identities.1 For this reason, the surge of digital creators stems from the fact that social media can easily be harnessed to reach the public. However, the ease of sharing content online also makes it vulnerable to unauthorized use and exploitation.
In the Philippines, the Intellectual Property Code (IP Code)2 provides robust legal protections for creators, ensuring their rights are safeguarded while fostering innovation and creativity. Understanding and applying these protections is crucial for creators to maintain control over their works and maximize their value.
This article has listed copyright tips for digital creators to protect online content from infringement and unauthorized use.
Is Your Content Online Protected under the Law?
The Philippines became a party to the WIPO Copyright Treaty and the WIPO Performances and Phonograms Treaty, collectively called the "WIPO Internet Treaties," in March 2002. The Internet Treaties ensure that copyright holders' rights are safeguarded when their works are distributed online.
Essentially, human authorship serves as the cornerstone of copyright, as copyright laws in various jurisdictions are fundamentally intended to safeguard the creative outputs of human authors.3 This implies that works stemming from human intellectual effort and originality qualify for copyright protection. Such works include literature, music, art, software, and digital files.
In the Philippines, the IP Code automatically protects the literary and artistic creations of authors, artists, and other creators from the moment of creation.4 It follows that you author the content you post online, which deserves copyright protection.
3 Copyright Tips for Digital Creators
Here are the 3 tips you may follow to protect your right to copyright your creation online:
1. Register copyright
Under the Rules and Regulations on Copyright Registration and Deposit, the author or creator of the work, his heirs, or assignee, may apply for a certificate of copyright registration and deposit.5 Registering your copyright prevents others from replicating your work, product, or invention, ensuring you retain both the economic benefits and moral rights associated with it.
2. Monitor your digital content
Enforcing your copyright over digital creation includes monitoring your content. You may do so by watermarking your content if it involves images or videos, and establish a content ID system, such as YouTube’s Content ID to detect and manage unauthorized uploads of your video or audio.
3. Use copyright notices
Adding a copyright notice on your digital content Including a copyright notice on your work informs the public that it is protected under copyright law. It provides a way for others to reach out for permission to use your work and reduces the likelihood of an infringer claiming ignorance of the copyright.
These are among the tips to get you started on protecting your digital creation. To further protect your rights against infringement, read What is Copyright Infringement? Common Cases and How to Avoid Them.
Conclusion
In today's digital landscape, protecting your content is crucial for maintaining your rights and creative integrity. By understanding and enforcing copyright provisions under the IP Code, properly registering your works, using effective watermarking and staying vigilant against infringement, you can safeguard your creations while fostering an environment of respect for intellectual property online.
To learn more about copyright protection, book a consultation with an experienced IP attorney. You may also email us at admin@pinollaw.com.
1 FF2024-21_Phil_Country_Profile_in_the_Digital_2024_Report_FINAL.pdf
2 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].
3 Artificial intelligence and copyright
4 Intellectual Property Code of the Philippines, §172.
5 Rules and Regulations on Copyright Registration and Deposit, §1