Copyright registration is an essential step for creators to safeguard their intellectual property and assert their rights over their works. In the Philippines, copyright protection is governed by the Intellectual Property Code (IP Code)1 which grants creators exclusive rights over their literary, artistic, and scientific works.
In this article, learn the key steps to copyright registration in the Philippines to ensure your protection and benefit from your works exclusively.
Copyright Registration: Is it still relevant?
With the emergence of digital platforms, the rise of creation is at its peak. However, this may also translate to a higher risk of infringement and unauthorized use.
As a preliminary note, copyright protection was previously contingent on the registration of the copyright. However, after the Philippines acceded to the Berne Convention, this requirement was eliminated. According to Section 172.1 of the Philippine Intellectual Property Code, copyright is automatically granted to a work from the moment of its creation.
Eventually, Sec. 191 of the IP Code was amended by Sec. 16 of Republic Act No. 10372, which provides for the registration and deposit of works with the National Library and the Supreme Court Library at any time during the subsistence of the copyright. Hence, the National Library of the Philippines (NLP) deputized the IPOPHL as a receiving office for the registration and deposit of copyrighted works.2
Legal Requirements to Register Copyright
Here are the following legal requirements to register your copyright and protect your works:
1. Determine the copyrightability and originality of your creation
To afford protection over your creation, it must first be ascertained that such work complies with the requisite copyrightability and originality. A copyrightable work refers to literary and artistic works defined as original intellectual creations in the literary and artistic domain, while an original work means that the material was not copied, evidences at least minimal creativity and was independently created by the author.3
To learn more about determining what is copyrightable or not, read Copyrightable or Not? 3 Essential Guidelines.
2. Download and fill out online forms
To register your copyright, you have to download and fill out the BCRR Transaction Form and email the completed form to copyright_registration@ipophil.gov.ph.
3. Pay fees and receive the certificate
The submitted request form will be examined, after which a Statement of Account (SOA) detailing the fees and the deadline for payment will be emailed to you. Once your payment is processed, you will receive a confirmation email, including a copy of the IPOPHL electronic receipt.
Accordingly, the BCRR will create and issue an eCertificate of Copyright of Registration and Deposit (eCRD) upon confirmation of payment. This will be sent through email to you.
Conclusion
Registering copyright in the Philippines provides creators and copyright owners with legal protection and proof of ownership over their works. By taking this step, creators can safeguard their intellectual property, enforce their rights more effectively, and fully benefit from their creations without the unauthorized use of others. Protect your work by registering your copyright today.
Ready to start with copyright registration? Book a consultation with an accredited attorney. You may also email us at 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 Office Order No. 13-171, October 1, 2013.
3 Olano v. Lim Eng, G.R. No. 195835, March 14, 2016.
