Copyrights Law in Philippines
Copyright Law in the Philippines
Copyright law in the Philippines is governed primarily by Republic Act No. 8293, also known as the Intellectual Property Code of the Philippines, which was enacted in 1997 and has been amended several times, most recently by Republic Act No. 10372 in 2013. The law aligns with international treaties such as the Berne Convention, TRIPS Agreement, and WIPO treaties.
1. What is Protected by Copyright?
Under Philippine law, copyright protects original works of authorship, including:
Books, articles, and other literary works
Musical compositions (with or without lyrics)
Paintings, drawings, sculptures
Films, audiovisual works, and broadcasts
Computer programs and software
Photographic works
Architectural designs
Derivative works (adaptations, translations, arrangements)
These works must be original and fixed in a tangible medium of expression.
2. Who Owns the Copyright?
Author or creator is the original owner of the copyright.
Employers may own the copyright if the work was created in the course of employment (i.e., "work for hire").
Commissioned works: The commissioner does not automatically own the copyright unless specified in a written agreement.
3. Duration of Copyright
| Type of Work | Duration |
|---|---|
| Literary and artistic works | Lifetime of the author + 50 years after death |
| Anonymous/pseudonymous works | 50 years from publication |
| Photographic works | 50 years from publication |
| Audiovisual works | 50 years from publication |
| Applied art | 25 years from date of creation |
4. Economic and Moral Rights
Economic rights allow the author to authorize or prohibit:
Reproduction
Distribution
Public performance
Adaptation or transformation
Public display
Moral rights protect the personal connection between the author and the work:
Right to attribution
Right to object to distortion or mutilation
Right to withdraw the work from the public
5. Limitations and Exceptions
Certain uses are allowed without permission, including:
Fair use (criticism, comment, news reporting, teaching, research)
Use of short excerpts for educational purposes
Private performance (non-commercial and personal)
Quotations (with proper attribution)
6. Enforcement and Infringement
Infringement occurs when someone uses a copyrighted work without permission. Remedies include:
Injunctions (court orders to stop the infringement)
Damages (compensation)
Seizure and destruction of infringing copies
Criminal liability in severe cases (fines and imprisonment)
7. Registration
While copyright exists automatically upon creation, registration with the National Library or the Intellectual Property Office of the Philippines (IPOPHL) is recommended for:
Easier enforcement
Evidence in legal disputes
8. Recent Developments
RA 10372 (2013) enhanced enforcement mechanisms and expanded the powers of IPOPHL.
The law now includes digital works and technological protection measures.
Ongoing discussions are being held on potential updates related to AI-generated works, internet piracy, and creative commons licensing.
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