Copyright is the legal protection extended to the owner of the rights in an original work. “Original work” refers to every production in the literary, scientific, and artistic domains. The literary and artistic works enumerated in the IP Code include books, other writings, musical works, films, paintings and other works, and computer programs.
Copyright laws grant authors, artists, and other creators automatic protection for their literary and artistic creations from the moment they create them.
Registration or deposit of your work isn’t necessary. Still, authors and artists may opt to execute an affidavit of ownership with the National Library or the IPOPHL for the issuance of registration and deposit.
What does Copyright protect?
As a form of intellectual property law, Copyright protects original works of authorship, including literary, dramatic, musical, and artistic works, such as poetry, novels, movies, songs, computer software, and architecture.
A creator’s work is under copyright protection the moment it is created and fixed in a tangible form that is perceptible either directly or with the aid of a machine or device.
There are two types of rights under Copyright:
- Economic rights, which allow the rights owner to derive financial reward from the use of his works by others; and
- Moral rights, which protect the non-economic interests of the author.
Most copyright laws state that the rights owner has the economic right to authorize or prevent certain uses concerning work or, in some cases, to receive remuneration for the use of his work (such as through collective management). The economic rights owner of a work can prohibit or authorize:
- its reproduction in various forms, such as printed publication or sound recording;
- its public performance, such as in a play or musical work;
- its recording, for example, in the form of compact discs or DVDs;
- its broadcasting by radio, cable, or satellite;
- its translation into other languages; and
- its adaptation, such as a novel into a film screenplay.
Examples of widely recognized moral rights include the right to claim authorship of a work and the right to oppose changes to a work that could harm the creator’s reputation.
Why register a copyright?
Registration is recommended for several reasons. Many choose to register their works because they wish to have the facts of their Copyright on the public record and have a certificate of registration. Registered works may qualify for statutory damages and attorney’s fees in successful litigation. Finally, if registration occurs within five years of publication, it is considered prima facie evidence in a court of law.
Once you are the rightful owner of a work, you can provide authorization for others to use or exploit your work. Such authorizations are commonly referred to as “licenses” and may or may not entail paying the rights owner. It is always recommended to seek expert legal advice before negotiating a licensing agreement.
If you wish to license your work to users such as broadcasters, publishers, or even entertainment establishments (i.e., bars and nightclubs), joining a collective management organization (CMO) may be a good option. CMOs monitor the uses of works on behalf of creators and publishers and are in charge of negotiating licenses and collecting remuneration. They are particularly common in musical and literary works where there may be a large number of users of the same work, and it would not be easy both for the owner of rights and the users to seek specific authorization for every single use and to monitor them.
Procedure for registration of copyrights
Two (2) complete copies or reproductions of the work in the form that the directors of said libraries may specify must be registered and deposited with them within three (3) weeks of the first public dissemination of performance by the authority of the copyright owner to complete the records of the National Library and the Supreme Court Library. After receiving a written demand and paying the required fee, a certificate of deposit will be issued. Within three (3) weeks after receiving the certificate of deposit, the copyright owner will no longer be required to deposit the works with the National Library and the Supreme Court Library, as other laws require. Suppose the required copies or reproductions are not delivered, and the required fee is not paid within three (3) weeks of the copyright owner receiving a written demand from the directors for such a deposit. In that case, the copyright owner will be responsible for paying a fine equal to the required fee for each month of delay and the retail price of the best edition of the work to the National Library and the Supreme Court Library.
Each copy of a work that is published or made available for purchase may include a notice identifying the copyright owner, the year the work was originally published, and, in the case of copies made after the creator’s passing, the year of that passing.
Validity Term
The author’s life and the first fifty (50) years following his passing are covered by the Copyright for both original and derivative works. This regulation likewise covers posthumous works.
When there are many writers on a piece of work, the economic rights are safeguarded for fifty (50) years following the death of the last surviving author.
For fifty (50) years after the date, the work was first lawfully published, anonymous or pseudonymous works are protected by Copyright: With the caveat that if the author’s identity is revealed or established beyond a reasonable doubt before the end of the preceding term, the following section of the Intellectual Property Code shall apply, as appropriate: Furthermore, if such works haven’t been published previously, they will be protected for fifty (50) years beginning with the date they were created.
Works of applied art are subject to protection for twenty-five (25) years after the creation date.
Photographic works are protected for fifty (50) years from publication or, if unpublished, fifty (50) years from the date of creation.The period for audio-visual works, including those made using photography-like processes or any other method for creating audio-visual recordings, is fifty (50) years from the date of publication and, if unpublished, from the date of creation.
Brealant also offers Patent Registration in the Philippines and Trademark registration in PH.