Copyright Law of the Philippines

1. DEPARTMENT OF EDUCATION REGION III
Creative Expressions
(An Introduction to Copyright and Related Rights)
John Paul C. Paje, EdD
Naugsol Integrated School-SDO Zambales

2. DEPARTMENT OF EDUCATION REGION III
Let’s Play
Copy It Right!

3. DEPARTMENT OF EDUCATION REGION III
Creative Expression
Rationale

4. DEPARTMENT OF EDUCATION REGION III
Creative Expression
Rationale
Article XIV, Section 13

5. DEPARTMENT OF EDUCATION REGION III
Creative Expression
due to this
R.A. 8293 Intellectual Property Code of the Philippines
R.A. 10372 Creation of the Bureau of Copyright

6. DEPARTMENT OF EDUCATION REGION III
Creative Expression
WHAT IS THIS COPYRIGHT LAW FOR?
• accords exclusive rights to the creators
• limits those rights
- Netanel, Neil Weinstock. Copyright (What Everyone Needs to Know)

7. DEPARTMENT OF EDUCATION REGION III
Creative Expression
Copyright
Copyright is the bundle of exclusive rights over an author's or creator’s work for a
limited but rather lengthy period of time. These rights enable the author to control the
economic use of his work in a number of ways and to receive payment.

8. DEPARTMENT OF EDUCATION REGION III
Creative Expression
Importance of Copyright
• controls commercial exploitation of original works;
• generates income;
• raises funds; and
• takes actions against infringers.

9. DEPARTMENT OF EDUCATION REGION III
Creative Expression
Copyright Protection
• Economic Rights
• Moral Rights
 Right to Attribution
 Right to Integrity

10. DEPARTMENT OF EDUCATION REGION III
Creative Expression
Materials that are Usually Protected
by Copyright
• Expression of Ideas (literary or Artistic);
 Original
 Derivative
• An Entire Book;
• A Computer Program; and
• A Compilation of Data and Other Materials.

11. DEPARTMENT OF EDUCATION REGION III
Creative Expression
Materials that are Not Protected by Copyright
Under sections 175 - 176
• ideas, procedures, system, method or operation, concept,
principle, and discovery;
• facts or information;
• names, titles, slogans, and other short phrases;
• news of the day;
• official text of a legislative, administrative or legal nature; and
• works of the government.

12. DEPARTMENT OF EDUCATION REGION III
Creative Expression

13. DEPARTMENT OF EDUCATION REGION III
Creative Expression
General Rule of Copyright Ownership (Sec. 178.1)
in the case of original literary and artistic works,
copyright shall belong to the author of the work
Employer-Employee Relationship
But…

14. DEPARTMENT OF EDUCATION REGION III
Creative Expression
Who Commits Copyright Infringement
• directly commits infringement;
• benefits from the infringing activity of another person; and
• with knowledge of infringement activities, induces, causes or
materially contributes to the infringing act of another.

15. DEPARTMENT OF EDUCATION REGION III
Creative Expression
Plagiarism
deliberate and knowing presentation of another person’s original
ideas or creative expressions as one’s own.
- Black’s Law Dictionary

16. DEPARTMENT OF EDUCATION REGION III
Creative Expression
Difference Between Copyright Infringement and
Plagiarism
Copyright Infringement Plagiarism
Legal Construct Ethical Construct
committed where copyright
subsists
Committed even where no
copyright subsists
Copyright holder is the
offended party
The community at large is the
offended party

17. DEPARTMENT OF EDUCATION REGION III
Creative Expression
Limitation of Rights

18. DEPARTMENT OF EDUCATION REGION III
Creative Expression
Contents or Materials that can be Used without
Permission
• works which are not covered by copyright
• a work considered as public domain
• covered by the concept of fair use

19. DEPARTMENT OF EDUCATION REGION III
Creative Expression
General Fair Use Principle
(section 185.1)
The use of a copyrighted work for criticism, comment, news
reporting, teaching including limited number of copies for
classroom use, scholarship, research, and similar purpose is not
an infringement of copyright.

20. DEPARTMENT OF EDUCATION REGION III
Creative Expression
Fair Use Factor
• the purpose and character of the use
• the nature of the copyrighted work
• the amount and substantiality of the portion used in relation to
the copyrighted work as a whole
• the effect of the use upon the potential market for or value of
the copyrighted work

21. DEPARTMENT OF EDUCATION REGION III
Creative Expression
Limitation or Exception to Copyright Under the Concept of Fair use
(Section 184.1 A-L)
The Philippine copyright laws include a number of limitations and exceptions,
which limit the scope of copyright protection, and which allow either free use of works
under certain circumstances, or use without permission but against a payment.
Statutory fair use which are essential to SLM Writing
b. making of quotations from published works if they are compatible with the fair use
and only to the extent justified for the purpose, including quotations from news articles,
periodicals and press summaries
e. the inclusion of a work in a publication, broadcast or other communication to the
public, sound recordings or films, if such inclusion is by way of illustration for teaching
purposes and is compatible with fair use
i. reproduction or distribution of published articles in specialized format exclusive for
PWDs.

22. DEPARTMENT OF EDUCATION REGION III
Creative Expression
Short Exercise

23. DEPARTMENT OF EDUCATION REGION III
Creative Expression

24. DEPARTMENT OF EDUCATION REGION III
Creative Expression

25. DEPARTMENT OF EDUCATION REGION III
Creative Expression

26. DEPARTMENT OF EDUCATION REGION III
Creative Expression

27. DEPARTMENT OF EDUCATION REGION III
Creative Expression
For Images

28. DEPARTMENT OF EDUCATION REGION III
Creative Expression
Attribution

29. DEPARTMENT OF EDUCATION REGION III
Creative Expression
Important Notes

30. DEPARTMENT OF EDUCATION REGION III
Creative Expression
• in copyright, it is the expression of ideas and not the idea per se is being
protected
• even if permission is not needed under the fair use principle, honor the
creator’s right to attribution
• avoid having an inventory of images from the creative commons
• RO 3 has an inventory of literary materials

31. DEPARTMENT OF EDUCATION REGION III
Creative Expression
"Day 1 | Copyright Management Of Learning Resources Webinar". 2020. Youtube.Com.
https://www.youtube.com/watch?v=jW9f3U14G3M&t=6935s.
"Day2 | Copyright Management Of Learning Resources Webinar". 2020. Youtube.Com.
https://www.youtube.com/watch?v=QirzlWoCihw&t=1s.
"Copyright - IPOPHL". 2021. IPOPHL. https://www.ipophil.gov.ph/services/copyright/.
References