In G.R. No. 195835, written on March 14, 2016, the Supreme Court ruled that for an allegation of copyright infringement to prevail, the evidence on file must prove: (1) the plaintiff`s ownership of material validly protected by copyright; and (2) copyright infringement by the respondent. It also stated that the probable cause was not attributable to the defendant. [23] In the context of fair use, the use of a copyrighted work for the purposes of criticism, commentary, reporting, teaching, research and other similar purposes does not constitute copyright infringement. In determining whether the use is subject to fair use, the following factors must be taken into account: Derivative works are also protected as new works, provided that this does not affect the existing copyright in the original works. Derivative works may include: dramatizations, translations, adaptations, shortenings, arrangements and other modifications to literary musical works; Collections of literary, scientific or artistic works, as well as compilations of data and other original documents due to the selection, coordination or arrangement of their contents. These are the rights granted to authors under the Copyright Act under Part IV of R.A. 8293 or the Intellectual Property Code of the Philippines. Fair dealing, in the broadest sense, is the act of copying copyrighted material that occurs for purposes such as commenting, criticizing, or parodying a copyrighted work without the permission of the copyright owner. It is used as a defense against copyright infringement. [14] In addition to the Intellectual Property Code of the Philippines, is there a special law that provides protection for copyright holders of audiovisual works? No. Copyright is different from the object or property subject to it.

Therefore, the transfer or assignment of copyright does not necessarily constitute a transfer of subject matter. A transfer or assignment of the copy or multiple copies of the work also does not imply a transfer or assignment of copyright. According to Section 173.2 of the Intellectual Property Act[4], derivative works are defined as new works, unless they infringe an existing copyright in the original work or part of it used, or imply a right to such use of the original works or guarantee or extend the copyright in such original works. Reproduction of a backup copy of a computer program is permitted without the permission of the copyright owner, as the reproduction is intended for the following purposes: According to Philippine law, original intellectual creations in the literary and artistic field are protected by copyright. Under Philippine law, copyright infringement is punishable by the following: it is also the policy of the State to streamline administrative procedures for the registration of patents, trademarks and copyrights, to liberalize registration for technology transfer, and to improve the enforcement of intellectual property rights in the Philippines. A copyright is the legal protection granted to the owner of the rights to an original work. [1] The original work refers to any production in the literary, scientific and artistic fields. [1] The Intellectual Property Office (IPOPHL) is the main authority responsible for the registration and resolution of intellectual property rights and the enforcement of copyright laws. [2] IPOPHL was established under Republic Act No. 8293 or the Intellectual Property Code of the Philippines, which came into effect on January 1, 1998, under the chairmanship of Fidel V. Ramos. [3] What are the penalties under Philippine law for copyright infringement? ABS-CBN demanded 127 million pesos from its former reality TV star Willie Revillame, citing copyright infringement due to strong similarities in Revillame`s Willing Willie and ABS CNN`s Wowowee.

[20] ABS-CBN listed 5 acts of plagiarism allegedly committed by Willing Willie in its complaint:[20] The fair use of a copyrighted work for the purposes of criticism, commentary, news, reporting, teaching, including multiple copies for classroom teaching, science, research and similar purposes does not constitute copyright infringement. 173.1. The following derivative works are also protected by copyright: Instead of claiming actual damages and profits, the copyright owner can instead file a claim for legal damages for all the infringements involved for at least fifty thousand pesos (Php 50,000.00). The court may consider the following factors when awarding statutory damages: What remedies can a copyright owner take against an infringer? Fujian New Technology Color Making and Printing Co. China-based Ltd. and its local partners M.Y. Intercontinental Trading Corporation (MITC) and Allianz Marketing and Publishing Corporation were ordered to pay damages of ₱24,695,830 to St. Mary`s Publishing Corporation (SMPC). This was because Fujian had not fulfilled its contract with SMPC to deliver the promised manuals they were printing. Instead, the Chinese printing company handed over the marketing order to MITC, with Allianz as the importer. The offending parties were also ordered to stop publishing, integrating and distributing textbooks, including revised versions.

This landmark decision was rendered on December 8, 2017 by Section 24 of the City of Manila Regional Court of First Instance; The Court of Appeals of the Philippines upheld the decision on April 11, 2019. [17] [18] The latter court stated that, although Fujian is a foreign company, “its act constitutes a violation of copyright under the Berne Convention for the Protection of Literary and Artistic Works,” to which the Philippines and China are signatories. [19] Works covered by copyright are (1) literary and artistic works and (2) derivative works. On the other hand, works that are not protected by copyright law are (1) unprotected material and (2) government works. Under Philippine law, copyright infringement occurs when there is an infringement of any of the exclusive economic or moral rights granted to the copyright owner. It may also consist in aiding and abetting such an offence. The Intellectual Property Code also provides for the liability of a person who, at the time the copyright in a work exists, is in possession of an article that he knows or should know is an infringing copy of the work for the following purposes: (a) sale or rental for rent or by trade for sale or rental, the article; (b) the distribution of the article for commercial or any other purpose to an extent that affects the copyright owner`s rights in the work; or (c) the commercial display of the object in public. . .

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