Decree On The Protection Of Intellectual Property

Case Overview and Summary

Summary of Presidential Decree No. 49 (Decree on Intellectual Property)

Preliminary Provisions
- This decree shall be known as the "Decree on Intellectual Property" (Section 1)
- Grants rights to the following works from the moment of creation (Section 2):
    - Books, manuscripts, directories, gazetteers
    - Periodicals, pamphlets, newspapers
    - Lectures, sermons, addresses, dissertations
    - Letters
    - Dramatic, dramatico-musical, choreographic works
    - Musical compositions
    - Works of art, models, designs
    - Reproductions of art works
    - Original ornamental designs
    - Maps, plans, sketches, charts
    - Scientific or technical drawings
    - Photographic works, cinematographic works
    - Computer programs
    - Prints, illustrations, advertising copies
    - Translations, adaptations, arrangements of works
    - Collections of literary, scholarly or artistic works
    - Other literary, scholarly, scientific and artistic works
- Rights granted shall not be lost except as provided in the decree and shall not be subject to levy or attachment (Section 3)
- Does not alter or impair any other rights or remedies (Section 4)

Copyright
- Grants exclusive rights to (Section 5):
    - Print, reprint, publish, copy, distribute, sell, make illustrations
    - Make translations, adaptations, dramatizations
    - Exhibit, perform, represent, reproduce the work
    - Make any other use consistent with laws
- Copyright ownership (Section 6):
    - Creator or heirs/assigns own the copyright
    - Joint creators are co-owners
    - Employee's work belongs to employer unless agreed otherwise
    - Commissioned work is jointly owned by commissioner and creator
    - Cinematographic work creators are producer, scenario writer, composer, directors
    - Letters belong to the writer
- Pseudonymous works are considered property of publishers unless contrary appears (Section 7)
- Derivative works are protected as new works without affecting original work's copyright (Section 8)
- No copyright subsists in government works, but prior approval and royalties may be required for commercial use (Section 9)

Limitations on Copyright
- Permitted uses of accessible works (Section 10):
    - Private or charitable recitation/performance
    - Reproductions for personal/private use
- Quotations and excerpts are permitted for specific purposes with attribution (Section 11)
- News reporting of current events is permitted (Section 12)
- Libraries and archives can reproduce works under certain conditions (Section 13)
- Translation license can be obtained after 5 years if no translation exists (Section 14)

Transfer of Work and Copyright
- Copyright can be transferred in whole or part (Section 15)
- Copyright is distinct from property in material object (Section 16)
- Assignments and licenses must be in writing (Section 17)
- Joint owners must consent to grant licenses (Section 18)
- Instruments must be registered with National Library (Section 19)
- Creator's death must be registered (Section 20)

Duration of Copyright
- Copyright endures for creator's life + 50 years after death (Section 21)
- Anonymous/pseudonymous works: 50 years from publication (Section 22)
- Posthumous works: 50 years after creator's death (Section 23)
- Periodicals, applied art, cinematographic works: 30 years (Section 24)
- Terms begin on January 1st of the year following the event (Section 25)

Deposit and Notice
- Deposit 2 copies with National Library within 3 weeks of publication (Section 26)
- Each copy must contain copyright notice (Section 27)
- Failure to comply limits remedies (Sections 26-27)

Infringement
- Remedies for infringement (Section 28):
    - Injunction
    - Actual damages, infringer's profits or minimum P1,000 damages
    - Impounding of infringing articles
    - Destruction of infringing copies and devices
    - Other terms including moral/exemplary damages
- Criminal penalty of up to 1 year imprisonment or P200-P2,000 fine (Section 29)
- Importation of pirated copies is prohibited with exceptions (Section 30)

Right to Proceeds in Subsequent Transfers
- Creator has inalienable 5% right to proceeds of subsequent sales/leases of original works (Section 31)
- Work must be registered with National Library (Section 32)
- Excludes prints, etchings, engravings and works of applied art (Section 33)

Moral Rights
- Creator has rights to (Section 34):
    - Alter work before publication or withhold it
    - Require attribution of authorship
    - Object to prejudicial alterations
    - Restrain use of name for non-creations or distortions
- Creator cannot be compelled to perform contract to create/publish (Section 35)
- Moral rights can be assigned/waived in writing with limitations (Section 36)
- Contribution to collective work deems authorship attribution waived unless reserved (Section 37)
- Reasonable editing/adaptation permitted unless contracted otherwise (Section 38)
- Moral rights are perpetual and imprescriptible (Section 39)
- Remedies for moral rights violation include damages (Section 40)

Rights of Performers, Producers, Broadcasting Organizations
- Definitions (Section 41)
- Performers have exclusive rights over recording, broadcasting and reproduction of performances (Sections 42-44)
- Remedies for infringement of performers' rights (Section 45)
- Producers have exclusive reproduction rights and rights to remuneration (Sections 46-48)
- Labeling requirements for sound recordings (Section 49)
- Deposit requirement for sound recordings (Section 50)
- Broadcasting organizations have exclusive rebroadcasting and recording rights (Sections 52-53)
- Remedies for infringement of broadcasting rights (Section 54)
- Term of protection is 20 years (Section 55)
- Criminal penalty for infringement (Section 56)

Institution of Actions and Proceedings
- Courts of First Instance have original jurisdiction (Section 57)
- 4-year limitation period for damages (Section 58)
- Appeals governed by Rules of Court (Section 59)

Miscellaneous Provisions
- Deposits and instruments become government property (Section 60)
- National Library records are open for public inspection (Section 61)
- Fees for National Library services (Section 62)

Final Provisions
- Applies to existing copyrights without diminishing protection (Section 63)
- Repeals previous Copyright Law and inconsistent laws (Section 64)
- Effectivity 15 days after publication in Official Gazette