Copyright infringement is not just a legal issue—it’s a breach of intellectual creation that is inimical to our creativity. From using another’s work to selling copies of works without the consent of the creator, these acts are more common than we think. By understanding copyright laws and what constitutes infringement, we can foster a culture that protects creativity.
This article will give you a rundown on the cases of copyright infringement and how you can protect your creation from it.
What is Copyright Infringement?
In Columbia Pictures, Inc. v. Court of Appeals,1 the Court emphasized that:
Infringement of a copyright is a trespass on a private domain owned and occupied by the owner of the copyright, and, therefore, protected by law, and infringement of copyright, or piracy, which is a synonymous term in this connection, consists in the doing by any person, without the consent of the owner of the copyright, of anything the sole right to do which is conferred by statute on the owner of the copyright.
In determining the question of infringement, the amount of matter copied from the copyrighted work is an important consideration. To constitute infringement, the whole or even a large portion of the work doesn't need to have been copied. If so much is taken that the value of the original is sensibly diminished, or the labors of the original author are substantially and to an injurious extent appropriated by another, that is sufficient in point of law to constitute piracy.2
Common Infringement Cases and How to Avoid Them
In the 2024 decision by the Intellectual Property Office of the Philippines (IPOPHL), through the Office of the Director General, it was declared that there is copyright infringement if there is a substantial reproduction of the work considered by the law as copyrightable. It was further highlighted that the copying must produce an “injurious effect”. Thus, to avoid copyright infringement involving the reproduction of work, one must ensure that the reproduction of work must comply with proper acknowledgement of the work from the creator.
In Icebergs Food Concepts, Inc. v. FILSCAP, the Court ruled that Icebergs committed infringement, citing NBI-Microsoft Corporation v. Hwang wherein it was declared that the gravamen of copyright infringement is not merely the unauthorized "manufacturing" of intellectual works but rather the unauthorized performance of any of the acts covered by the law.3 Hence, using original literary or artistic works and performing or sharing the same without the copyright owner’s consent constitutes infringement.
The Court, however, noted in COSAC, Inc., v. FILSCAP that before declaring that copyright infringement was committed, the copyright owner must establish the musical works that were subject of the infringing activity as well as the existing valid copyright over the said works. This is because copyright is a statutory right with protections granted by law insofar as those works qualify for the said protections.4
Accordingly, you must keep in mind that your work is protected from infringement as long as you can establish your right over them.
Conclusion
By recognizing how copyright infringement affects artists and creators, we not only avoid legal risks but also contribute to a culture that values and protects intellectual creation. Respecting copyright isn't just about legal compliance—it's also about fostering innovation and ensuring that copyright owners receive the recognition and rewards they deserve.
To know more about copyright infringement and how you can protect your creations from it, book a consultation with an IP attorney. You may also email us at admin@pinollaw.com.
1 G.R. No. 110318, August 28, 1996, 261 SCRA 144, 183-184
2 Columbia Pictures Inc. vs. Court of Appeals, 261 SCRA 144, 184, citing 18 CJS, Copyright and Literary Property, Sec 94, 217, 218.
3 Icebergs Food Concepts, Inc. v. Filipino Society of Composers, Authors, and Publishers, Inc. (FILSCAP), G.R. No. 256091, April 12, 2023.
4 COSAC, Inc. v. Filipino Society of Composers, Authors, and Publishers, Inc. (FILSCAP), G.R. No. 222537, February 28, 2023
