PART IV be present at the same place and at the same time, or at different places

THE LAW ON COPYRIGHT and/or at different times, and where the performance can be perceived without
the need for communication within the meaning of Subsection 171.3;
CHAPTER I
PRELIMINARY PROVISIONS 171.7. "Published works" means works, which, with the consent of the authors,
are made available to the public by wire or wireless means in such a way that
Section 171. Definitions. - For the purpose of this Act, the following terms members of the public may access these works from a place and time
have the following meaning: individually chosen by them: Provided, That availability of such copies has
been such, as to satisfy the reasonable requirements of the public, having
171.1. "Author" is the natural person who has created the work; regard to the nature of the work;

171.2. A "collective work" is a work which has been created by two (2) or more 171.8. "Rental" is the transfer of the possession of the original or a copy of a
natural persons at the initiative and under the direction of another with the work or a sound recording for a limited period of time, for profit-making
understanding that it will be disclosed by the latter under his own name and purposes;
that contributing natural persons will not be identified;
171.9. "Reproduction" is the making of one (1) or more copies of a work or a
171.3. "Communication to the public" or "communicate to the public" means sound recording in any manner or form (Sec. 41 (E), P.D. No. 49 a);
the making of a work available to the public by wire or wireless means in such
a way that members of the public may access these works from a place and 171.10. A "work of applied art" is an artistic creation with utilitarian functions or
time individually chosen by them; incorporated in a useful article, whether made by hand or produced on an
industrial scale;
171.4. A "computer" is an electronic or similar device having information-
processing capabilities, and a "computer program" is a set of instructions 171.11. A "work of the Government of the Philippines" is a work created by an
expressed in words, codes, schemes or in any other form, which is capable officer or employee of the Philippine Government or any of its subdivisions and
when incorporated in a medium that the computer can read, of causing the instrumentalities, including government-owned or controlled corporations as a
computer to perform or achieve a particular task or result; part of his regularly prescribed official duties.

171.5. "Public lending" is the transfer of possession of the original or a copy of CHAPTER II
a work or sound recording for a limited period, for non-profit purposes, by an ORIGINAL WORKS
institution the services of which are available to the public, such as public
library or archive; Section 172. Literary and Artistic Works. - 172.1. Literary and artistic works,
hereinafter referred to as "works", are original intellectual creations in the
171.6. "Public performance", in the case of a work other than an audiovisual literary and artistic domain protected from the moment of their creation and
work, is the recitation, playing, dancing, acting or otherwise performing the shall include in particular:
work, either directly or by means of any device or process; in the case of an
audiovisual work, the showing of its images in sequence and the making of the (a) Books, pamphlets, articles and other writings;
sounds accompanying it audible; and, in the case of a sound recording,
making the recorded sounds audible at a place or at places where persons (b) Periodicals and newspapers;
outside the normal circle of a family and that family's closest social
acquaintances are or can be present, irrespective of whether they are or can
 (c) Lectures, sermons, addresses, dissertations prepared for oral CHAPTER III
delivery, whether or not reduced in writing or other material form; DERIVATIVE WORKS

(d) Letters; Section 173. Derivative Works. - 173.1. The following derivative works shall
also be protected by copyright:
(e) Dramatic or dramatico-musical compositions; choreographic works
or entertainment in dumb shows; (a) Dramatizations, translations, adaptations, abridgments,
arrangements, and other alterations of literary or artistic works; and
(f) Musical compositions, with or without words;
(b) Collections of literary, scholarly or artistic works, and compilations
(g) Works of drawing, painting, architecture, sculpture, engraving, of data and other materials which are original by reason of the
lithography or other works of art; models or designs for works of art; selection or coordination or arrangement of their contents. (Sec. 2, [P]
and [Q], P.D. No. 49)
(h) Original ornamental designs or models for articles of manufacture,
whether or not registrable as an industrial design, and other works of 173.2. The works referred to in paragraphs (a) and (b) of Subsection 173.1
applied art; shall be protected as new works: Provided however, That such new work shall
not affect the force of any subsisting copyright upon the original works
(i) Illustrations, maps, plans, sketches, charts and three-dimensional employed or any part thereof, or be construed to imply any right to such use of
works relative to geography, topography, architecture or science; the original works, or to secure or extend copyright in such original works.
(Sec. 8, P.D. 49; Art. 10, TRIPS)
(j) Drawings or plastic works of a scientific or technical character;
Section 174. Published Edition of Work. - In addition to the right to publish
granted by the author, his heirs, or assigns, the publisher shall have a
(k) Photographic works including works produced by a process
copyright consisting merely of the right of reproduction of the typographical
analogous to photography; lantern slides;
arrangement of the published edition of the work. (n)
(l) Audiovisual works and cinematographic works and works produced
CHAPTER IV
by a process analogous to cinematography or any process for making
WORKS NOT PROTECTED
audio-visual recordings;
Section 175. Unprotected Subject Matter. - Notwithstanding the provisions of
(m) Pictorial illustrations and advertisements;
Sections 172 and 173, no protection shall extend, under this law, to any idea,
procedure, system, method or operation, concept, principle, discovery or mere
(n) Computer programs; and data as such, even if they are expressed, explained, illustrated or embodied in
a work; news of the day and other miscellaneous facts having the character of
(o) Other literary, scholarly, scientific and artistic works. mere items of press information; or any official text of a legislative,
administrative or legal nature, as well as any official translation thereof (n)
172.2. Works are protected by the sole fact of their creation, irrespective of
their mode or form of expression, as well as of their content, quality and Section 176. Works of the Government. - 176.1. No copyright shall subsist in
purpose. (Sec. 2, P.D. No. 49a) any work of the Government of the Philippines. However, prior approval of the
government agency or office wherein the work is created shall be necessary
for exploitation of such work for profit. Such agency or office may, among other 177.5. Public display of the original or a copy of the work;
things, impose as a condition the payment of royalties. No prior approval or
conditions shall be required for the use of any purpose of statutes, rules and 177.6. Public performance of the work; and
regulations, and speeches, lectures, sermons, addresses, and dissertations,
pronounced, read or rendered in courts of justice, before administrative 177.7. Other communication to the public of the work. (Sec. 5, P. D. No. 49a)
agencies, in deliberative assemblies and in meetings of public character. (Sec.
9, first par., P.D. No. 49)
CHAPTER VI
OWNERSHIP OF COPYRIGHT
176.2. The author of speeches, lectures, sermons, addresses, and
dissertations mentioned in the preceding paragraphs shall have the exclusive
Section 178. Rules on Copyright Ownership. - Copyright ownership shall be
right of making a collection of his works. (n)
governed by the following rules:
176.3. Notwithstanding the foregoing provisions, the Government is not
178.1 Subject to the provisions of this section, in the case of original literary
precluded from receiving and holding copyrights transferred to it by
and artistic works, copyright shall belong to the author of the work;
assignment, bequest or otherwise; nor shall publication or republication by the
Government in a public document of any work in which copyright is subsisting
be taken to cause any abridgment or annulment of the copyright or to 178.2. In the case of works of joint authorship, the co-authors shall be the
authorize any use or appropriation of such work without the consent of the original owners of the copyright and in the absence of agreement, their rights
copyright owner. (Sec. 9, third par., P.D. No. 49) shall be governed by the rules on co-ownership. If, however, a work of joint
authorship consists of parts that can be used separately and the author of
each part can be identified, the author of each part shall be the original owner
CHAPTER V
of the copyright in the part that he has created;
COPYRIGHT OR ECONOMIC RIGHTS
178.3. In the case of work created by an author during and in the course of his
Section 177. Copyright or Economic Rights. - Subject to the provisions of
employment, the copyright shall belong to:
Chapter VIII, copyright or economic rights shall consist of the exclusive right to
carry out, authorize or prevent the following acts:
(a) The employee, if the creation of the object of copyright is not a part
of his regular duties even if the employee uses the time, facilities and
177.1. Reproduction of the work or substantial portion of the work;
materials of the employer.
177.2. Dramatization, translation, adaptation, abridgment, arrangement or
(b) The employer, if the work is the result of the performance of his
other transformation of the work;
regularly-assigned duties, unless there is an agreement, express or
implied, to the contrary.
177.3. The first public distribution of the original and each copy of the work by
sale or other forms of transfer of ownership;
178.4. In the case of a work commissioned by a person other than an
employer of the author and who pays for it and the work is made in pursuance
177.4. Rental of the original or a copy of an audiovisual or cinematographic of the commission, the person who so commissioned the work shall have
work, a work embodied in a sound recording, a computer program, a ownership of the work, but the copyright thereto shall remain with the creator,
compilation of data and other materials or a musical work in graphic form, unless there is a written stipulation to the contrary;
irrespective of the ownership of the original or the copy which is the subject of
the rental; (n)
178.5. In the case of audiovisual work, the copyright shall belong to the object. Nor shall a transfer or assignment of the sole copy or of one or several
producer, the author of the scenario, the composer of the music, the film copies of the work imply transfer or assignment of the copyright. (Sec. 16, P.D.
director, and the author of the work so adapted. However, subject to contrary No. 49)
or other stipulations among the creators, the producer shall exercise the
copyright to an extent required for the exhibition of the work in any manner, Section 182. Filing of Assignment or License. - An assignment or exclusive
except for the right to collect performing license fees for the performance of license may be filed in duplicate with the National Library upon payment of the
musical compositions, with or without words, which are incorporated into the prescribed fee for registration in books and records kept for the purpose. Upon
work; and recording, a copy of the instrument shall be returned to the sender with a
notation of the fact of record. Notice of the record shall be published in the IPO
178.6. In respect of letters, the copyright shall belong to the writer subject to Gazette. (Sec. 19, P.D. No. 49a)
the provisions of Article 723 of the Civil Code. (Sec. 6, P.D. No. 49a)
Section 183. Designation of Society. - The copyright owners or their heirs may
Section 179. Anonymous and Pseudonymous Works. - For purposes of this designate a society of artists, writers or composers to enforce their economic
Act, the publishers shall be deemed to represent the authors of articles and rights and moral rights on their behalf. (Sec. 32, P.D. No. 49a)
other writings published without the names of the authors or under
pseudonyms, unless the contrary appears, or the pseudonyms or adopted CHAPTER VIII
name leaves no doubt as to the author's identity, or if the author of the LIMITATIONS ON COPYRIGHT
anonymous works discloses his identity. (Sec. 7, P.D. 49)
Section 184. Limitations on Copyright. - 184.1. Notwithstanding the provisions
CHAPTER VII of Chapter V, the following acts shall not constitute infringement of copyright:
TRANSFER OR ASSIGNMENT OF COPYRIGHT
(a) The recitation or performance of a work, once it has been lawfully
Section 180. Rights of Assignee. - 180.1. The copyright may be assigned in made accessible to the public, if done privately and free of charge or if
whole or in part. Within the scope of the assignment, the assignee is entitled to made strictly for a charitable or religious institution or society; (Sec.
all the rights and remedies which the assignor had with respect to the 10(1), P.D. No. 49)
copyright.
(b) The making of quotations from a published work if they are
180.2. The copyright is not deemed assigned inter vivos in whole or in part compatible with fair use and only to the extent justified for the purpose,
unless there is a written indication of such intention. including quotations from newspaper articles and periodicals in the
form of press summaries: Provided, That the source and the name of
180.3. The submission of a literary, photographic or artistic work to a the author, if appearing on the work, are mentioned; (Sec. 11, third
newspaper, magazine or periodical for publication shall constitute only a par., P.D. No. 49)
license to make a single publication unless a greater right is expressly granted.
If two (2) or more persons jointly own a copyright or any part thereof, neither of (c) The reproduction or communication to the public by mass media of
the owners shall be entitled to grant licenses without the prior written consent articles on current political, social, economic, scientific or religious
of the other owner or owners. (Sec. 15, P.D. No. 49a) topic, lectures, addresses and other works of the same nature, which
are delivered in public if such use is for information purposes and has
Section 181. Copyright and Material Object. - The copyright is distinct from the not been expressly reserved: Provided, That the source is clearly
property in the material object subject to it. Consequently, the transfer or indicated; (Sec. 11, P.D. No. 49)
assignment of the copyright shall not itself constitute a transfer of the material
(d) The reproduction and communication to the public of literary, been sold, given away or otherwise transferred to another person by
scientific or artistic works as part of reports of current events by means the author or his successor in title; and
of photography, cinematography or broadcasting to the extent
necessary for the purpose; (Sec. 12, P.D. No. 49) (k) Any use made of a work for the purpose of any judicial proceedings
or for the giving of professional advice by a legal practitioner.
(e) The inclusion of a work in a publication, broadcast, or other
communication to the public, sound recording or film, if such inclusion 184.2. The provisions of this section shall be interpreted in such a way as to
is made by way of illustration for teaching purposes and is compatible allow the work to be used in a manner which does not conflict with the normal
with fair use: Provided, That the source and of the name of the author, exploitation of the work and does not unreasonably prejudice the right holder's
if appearing in the work, are mentioned; legitimate interests.

(f) The recording made in schools, universities, or educational Section 185. Fair Use of a Copyrighted Work. - 185.1. The fair use of a
institutions of a work included in a broadcast for the use of such copyrighted work for criticism, comment, news reporting, teaching including
schools, universities or educational institutions: Provided, That such multiple copies for classroom use, scholarship, research, and similar purposes
recording must be deleted within a reasonable period after they were is not an infringement of copyright. Decompilation, which is understood here to
first broadcast: Provided, further, That such recording may not be be the reproduction of the code and translation of the forms of the computer
made from audiovisual works which are part of the general cinema program to achieve the inter-operability of an independently created computer
repertoire of feature films except for brief excerpts of the work; program with other programs may also constitute fair use. In determining
whether the use made of a work in any particular case is fair use, the factors to
(g) The making of ephemeral recordings by a broadcasting be considered shall include:
organization by means of its own facilities and for use in its own
broadcast; (a) The purpose and character of the use, including whether such use
is of a commercial nature or is for non-profit educational purposes;
(h) The use made of a work by or under the direction or control of the
Government, by the National Library or by educational, scientific or (b) The nature of the copyrighted work;
professional institutions where such use is in the public interest and is
compatible with fair use; (c) The amount and substantiality of the portion used in relation to the
copyrighted work as a whole; and
(i) The public performance or the communication to the public of a
work, in a place where no admission fee is charged in respect of such (d) The effect of the use upon the potential market for or value of the
public performance or communication, by a club or institution for copyrighted work.
charitable or educational purpose only, whose aim is not profit making,
subject to such other limitations as may be provided in the
185.2. The fact that a work is unpublished shall not by itself bar a finding of fair
Regulations; (n)
use if such finding is made upon consideration of all the above factors.
(j) Public display of the original or a copy of the work not made by
Section 186. Work of Architecture. - Copyright in a work of architecture shall
means of a film, slide, television image or otherwise on screen or by
include the right to control the erection of any building which reproduces the
means of any other device or process: Provided, That either the work
whole or a substantial part of the work either in its original form or in any form
has been published, or, that the original or the copy displayed has
recognizably derived from the original: Provided, That the copyright in any
such work shall not include the right to control the reconstruction or
rehabilitation in the same style as the original of a building to which that (c) Where the making of such a copy is in order to preserve and, if
copyright relates. (n) necessary in the event that it is lost, destroyed or rendered unusable,
replace a copy, or to replace, in the permanent collection of another
Section 187. Reproduction of Published Work. - 187.1. Notwithstanding the similar library or archive, a copy which has been lost, destroyed or
provision of Section 177, and subject to the provisions of Subsection 187.2, rendered unusable and copies are not available with the publisher.
the private reproduction of a published work in a single copy, where the
reproduction is made by a natural person exclusively for research and private 188.2. Notwithstanding the above provisions, it shall not be permissible to
study, shall be permitted, without the authorization of the owner of copyright in produce a volume of a work published in several volumes or to produce
the work. missing tomes or pages of magazines or similar works, unless the volume,
tome or part is out of stock: Provided, That every library which, by law, is
187.2. The permission granted under Subsection 187.1 shall not extend to the entitled to receive copies of a printed work, shall be entitled, when special
reproduction of: reasons so require, to reproduce a copy of a published work which is
considered necessary for the collection of the library but which is out of stock.
(a) A work of architecture in the form of building or other construction; (Sec. 13, P.D. 49a)

(b) An entire book, or a substantial part thereof, or of a musical work in Section 189. Reproduction of Computer Program. - 189.1. Notwithstanding
graphic form by reprographic means; the provisions of Section 177, the reproduction in one (1) back-up copy or
adaptation of a computer program shall be permitted, without the authorization
of the author of, or other owner of copyright in, a computer program, by the
(c) A compilation of data and other materials;
lawful owner of that computer program: Provided, That the copy or adaptation
is necessary for:
(d) A computer program except as provided in Section 189; and
(a) The use of the computer program in conjunction with a computer
(e) Any work in cases where reproduction would unreasonably conflict for the purpose, and to the extent, for which the computer program has
with a normal exploitation of the work or would otherwise unreasonably been obtained; and
prejudice the legitimate interests of the author. (n)
(b) Archival purposes, and, for the replacement of the lawfully owned
Section 188. Reprographic Reproduction by Libraries. - 188.1. copy of the computer program in the event that the lawfully obtained
Notwithstanding the provisions of Subsection 177.6, any library or archive copy of the computer program is lost, destroyed or rendered unusable.
whose activities are not for profit may, without the authorization of the author of
copyright owner, make a single copy of the work by reprographic reproduction:
189.2. No copy or adaptation mentioned in this Section shall be used for any
purpose other than the ones determined in this Section, and any such copy or
(a) Where the work by reason of its fragile character or rarity cannot be adaptation shall be destroyed in the event that continued possession of the
lent to user in its original form; copy of the computer program ceases to be lawful.

(b) Where the works are isolated articles contained in composite works 189.3. This provision shall be without prejudice to the application of Section
or brief portions of other published works and the reproduction is 185 whenever appropriate. (n)
necessary to supply them, when this is considered expedient, to
persons requesting their loan for purposes of research or study instead
Section 190. Importation for Personal Purposes. - 190.1. Notwithstanding the
of lending the volumes or booklets which contain them; and
provision of Subsection 177.6, but subject to the limitation under the
Subsection 185.2, the importation of a copy of a work by an individual for his Section 191. Registration and Deposit with National Library and the Supreme
personal purposes shall be permitted without the authorization of the author of, Court Library. - After the first public dissemination of performance by authority
or other owner of copyright in, the work under the following circumstances: of the copyright owner of a work falling under Subsections 172.1, 172.2 and
172.3 of this Act, there shall, for the purpose of completing the records of the
(a) When copies of the work are not available in the Philippines and: National Library and the Supreme Court Library, within three (3) weeks, be
registered and deposited with it, by personal delivery or by registered mail two
(i) Not more than one (1) copy at one time is imported for (2) complete copies or reproductions of the work in such form as the directors
strictly individual use only; or of said libraries may prescribe. A certificate of deposit shall be issued for which
the prescribed fee shall be collected and the copyright owner shall be exempt
from making additional deposit of the works with the National Library and the
(ii) The importation is by authority of and for the use of the
Supreme Court Library under other laws. If, within three (3) weeks after receipt
Philippine Government; or
by the copyright owner of a written demand from the directors for such deposit,
the required copies or reproductions are not delivered and the fee is not paid,
(iii) The importation, consisting of not more than three (3) such the copyright owner shall be liable to pay a fine equivalent to the required fee
copies or likenesses in any one invoice, is not for sale but for per month of delay and to pay to the National Library and the Supreme Court
the use only of any religious, charitable, or educational society Library the amount of the retail price of the best edition of the work. Only the
or institution duly incorporated or registered, or is for the above mentioned classes of work shall be accepted for deposit by the National
encouragement of the fine arts, or for any state school, college, Library and the Supreme Court Library. (Sec. 26, P.D. No. 49a)
university, or free public library in the Philippines.
Section 192. Notice of Copyright. - Each copy of a work published or offered
(b) When such copies form parts of libraries and personal baggage for sale may contain a notice bearing the name of the copyright owner, and the
belonging to persons or families arriving from foreign countries and are year of its first publication, and, in copies produced after the creator's death,
not intended for sale: Provided, That such copies do not exceed three the year of such death. (Sec. 27, P.D. No. 49a)
(3).
CHAPTER X
190.2. Copies imported as allowed by this Section may not lawfully be used in MORAL RIGHTS
any way to violate the rights of owner the copyright or annul or limit the
protection secured by this Act, and such unlawful use shall be deemed an
Section 193. Scope of Moral Rights. - The author of a work shall,
infringement and shall be punishable as such without prejudice to the
independently of the economic rights in Section 177 or the grant of an
proprietor's right of action.
assignment or license with respect to such right, have the right:
190.3. Subject to the approval of the Secretary of Finance, the Commissioner
193.1. To require that the authorship of the works be attributed to him, in
of Customs is hereby empowered to make rules and regulations for preventing
particular, the right that his name, as far as practicable, be indicated in a
the importation of articles the importation of which is prohibited under this
prominent way on the copies, and in connection with the public use of his
Section and under treaties and conventions to which the Philippines may be a
work;
party and for seizing and condemning and disposing of the same in case they
are discovered after they have been imported. (Sec. 30, P.D. No. 49)
193.2. To make any alterations of his work prior to, or to withhold it from
publication;
CHAPTER IX
DEPOSIT AND NOTICE
193.3. To object to any distortion, mutilation or other modification of, or other his death and shall not be assignable or subject to license. The person or
derogatory action in relation to, his work which would be prejudicial to his persons to be charged with the posthumous enforcement of these rights shall
honor or reputation; and be named in writing to be filed with the National Library. In default of such
person or persons, such enforcement shall devolve upon either the author's
193.4. To restrain the use of his name with respect to any work not of his own heirs, and in default of the heirs, the Director of the National Library.
creation or in a distorted version of his work. (Sec. 34, P.D. No. 49)
198.2. For purposes of this Section, "Person" shall mean any individual,
Section 194. Breach of Contract. - An author cannot be compelled to perform partnership, corporation, association, or society. The Director of the National
his contract to create a work or for the publication of his work already in Library may prescribe reasonable fees to be charged for his services in the
existence. However, he may be held liable for damages for breach of such application of provisions of this Section. (Sec. 39, P.D. No. 49)
contract. (Sec. 35, P.D. No. 49)
Section 199. Enforcement Remedies. - Violation of any of the rights conferred
Section 195. Waiver of Moral Rights. - An author may waive his rights by this Chapter shall entitle those charged with their enforcement to the same
mentioned in Section 193 by a written instrument, but no such waiver shall be rights and remedies available to a copyright owner. In addition, damages
valid where its effects is to permit another: which may be availed of under the Civil Code may also be recovered. Any
damage recovered after the creator's death shall be held in trust for and
195.1. To use the name of the author, or the title of his work, or otherwise to remitted to his heirs, and in default of the heirs, shall belong to the
make use of his reputation with respect to any version or adaptation of his government. (Sec. 40, P D No. 49)
work which, because of alterations therein, would substantially tend to injure
the literary or artistic reputation of another author; or CHAPTER XI
RIGHTS TO PROCEEDS IN SUBSEQUENT TRANSFERS
195.2. To use the name of the author with respect to a work he did not create.
(Sec. 36, P.D. No. 49) Section 200. Sale or Lease of Work. - In every sale or lease of an original
work of painting or sculpture or of the original manuscript of a writer or
Section 196. Contribution to Collective Work. - When an author contributes to composer, subsequent to the first disposition thereof by the author, the author
a collective work, his right to have his contribution attributed to him is deemed or his heirs shall have an inalienable right to participate in the gross proceeds
waived unless he expressly reserves it. (Sec. 37, P.D. No. 49) of the sale or lease to the extent of five percent (5%). This right shall exist
during the lifetime of the author and for fifty (50) years after his death. (Sec.
31, P.D. No. 49)
Section 197. Editing, Arranging and Adaptation of Work. - In the absence of a
contrary stipulation at the time an author licenses or permits another to use his
work, the necessary editing, arranging or adaptation of such work, for Section 201. Works Not Covered. - The provisions of this Chapter shall not
publication, broadcast, use in a motion picture, dramatization, or mechanical or apply to prints, etchings, engravings, works of applied art, or works of similar
electrical reproduction in accordance with the reasonable and customary kind wherein the author primarily derives gain from the proceeds of
standards or requirements of the medium in which the work is to be used, shall reproductions. (Sec. 33, P.D. No. 49)
not be deemed to contravene the author's rights secured by this chapter. Nor
shall complete destruction of a work unconditionally transferred by the author CHAPTER XII
be deemed to violate such rights. (Sec. 38, P.D. No. 49) RIGHTS OF PERFORMERS, PRODUCERS OF SOUNDS RECORDINGS
AND BROADCASTING ORGANIZATIONS
Section 198. Term of Moral Rights. - 198.1. The rights of an author under this
chapter shall last during the lifetime of the author and for fifty (50) years after
Section 202. Definitions. - For the purpose of this Act, the following terms shall broadcasting, of sounds of a performance or the representations of sounds
have the following meanings: fixed in a sound recording. For purposes of Section 209, "communication to
the public" includes making the sounds or representations of sounds fixed in a
202.1. "Performers" are actors, singers, musicians, dancers, and other sound recording audible to the public.
persons who act, sing, declaim, play in, interpret, or otherwise perform literary
and artistic work; Section 203. Scope of Performers' Rights. - Subject to the provisions of
Section 212, performers shall enjoy the following exclusive rights:
202.2. "Sound recording" means the fixation of the sounds of a performance or
of other sounds, or representation of sound, other than in the form of a fixation 203.1. As regards their performances, the right of authorizing:
incorporated in a cinematographic or other audiovisual work;
(a) The broadcasting and other communication to the public of their
202.3. An "audiovisual work or fixation" is a work that consists of a series of performance; and
related images which impart the impression of motion, with or without
accompanying sounds, susceptible of being made visible and, where (b) The fixation of their unfixed performance.
accompanied by sounds, susceptible of being made audible;
203.2. The right of authorizing the direct or indirect reproduction of their
202.4. "Fixation" means the embodiment of sounds, or of the representations performances fixed in sound recordings, in any manner or form;
thereof, from which they can be perceived, reproduced or communicated
through a device; 203.3. Subject to the provisions of Section 206, the right of authorizing the first
public distribution of the original and copies of their performance fixed in the
202. 5. "Producer of a sound recording" means the person, or the legal entity, sound recording through sale or rental or other forms of transfer of ownership;
who or which takes the initiative and has the responsibility for the first fixation
of the sounds of a performance or other sounds, or the representation of 203.4. The right of authorizing the commercial rental to the public of the
sounds; original and copies of their performances fixed in sound recordings, even after
distribution of them by, or pursuant to the authorization by the performer; and
202.6. "Publication of a fixed performance or a sound recording" means the
offering of copies of the fixed performance or the sound recording to the public, 203.5. The right of authorizing the making available to the public of their
with the consent of the right holder: Provided, That copies are offered to the performances fixed in sound recordings, by wire or wireless means, in such a
public in reasonable quality; way that members of the public may access them from a place and time
individually chosen by them. (Sec. 42, P.D. No. 49a)
202.7. "Broadcasting" means the transmission by wireless means for the
public reception of sounds or of images or of representations thereof; such Section 204. Moral Rights of Performers. - 204.1. Independently of a
transmission by satellite is also "broadcasting" where the means for decrypting performer's economic rights, the performer, shall, as regards his live aural
are provided to the public by the broadcasting organization or with its consent; performances or performances fixed in sound recordings, have the right to
claim to be identified as the performer of his performances, except where the
202.8. "Broadcasting organization" shall include a natural person or a juridical omission is dictated by the manner of the use of the performance, and to
entity duly authorized to engage in broadcasting; and object to any distortion, mutilation or other modification of his performances
that would be prejudicial to his reputation.
202.9 "Communication to the public of a performance or a sound recording"
means the transmission to the public, by any medium, otherwise than by
204.2. The rights granted to a performer in accordance with Subsection 203.1 208.3. The right to authorize the commercial rental to the public of the original
shall be maintained and exercised fifty (50) years after his death, by his heirs, and copies of their sound recordings, even after distribution by them by or
and in default of heirs, the government, where protection is claimed. (Sec. 43, pursuant to authorization by the producer. (Sec. 46, P.D. No. 49a)
P.D. No. 49)
Section 209. Communication to the Public. - If a sound recording published for
Section 205. Limitation on Right. - 205.1. Subject to the provisions of Section commercial purposes, or a reproduction of such sound recording, is used
206, once the performer has authorized the broadcasting or fixation of his directly for broadcasting or for other communication to the public, or is publicly
performance, the provisions of Sections 203 shall have no further application. performed with the intention of making and enhancing profit, a single equitable
remuneration for the performer or performers, and the producer of the sound
205.2. The provisions of Section 184 and Section 185 shall apply mutatis recording shall be paid by the user to both the performers and the producer,
mutandis to performers. (n) who, in the absence of any agreement shall share equally. (Sec. 47, P.D. No.
49a)
Section 206. Additional Remuneration for Subsequent Communications or
Broadcasts. - Unless otherwise provided in the contract, in every Section 210. Limitation of Right. - Sections 184 and 185 shall apply mutatis
communication to the public or broadcast of a performance subsequent to the mutandis to the producer of sound recordings. (Sec. 48, P.D. No. 49a)
first communication or broadcast thereof by the broadcasting organization, the
performer shall be entitled to an additional remuneration equivalent to at least CHAPTER XIV
five percent (5%) of the original compensation he or she received for the first BROADCASTING ORGANIZATIONS
communication or broadcast. (n)
Section 211. Scope of Right. - Subject to the provisions of Section 212,
Section 207. Contract Terms. - Nothing in this Chapter shall be construed to broadcasting organizations shall enjoy the exclusive right to carry out,
deprive performers of the right to agree by contracts on terms and conditions authorize or prevent any of the following acts:
more favorable for them in respect of any use of their performance. (n)
211.1. The rebroadcasting of their broadcasts;
CHAPTER XIII
PRODUCERS OF SOUND RECORDINGS 211.2. The recording in any manner, including the making of films or the use of
video tape, of their broadcasts for the purpose of communication to the public
Section 208. Scope of Right. - Subject to the provisions of Section 212, of television broadcasts of the same; and
producers of sound recordings shall enjoy the following exclusive rights:
211.3. The use of such records for fresh transmissions or for fresh recording.
208.1. The right to authorize the direct or indirect reproduction of their sound (Sec. 52, P.D. No. 49)
recordings, in any manner or form; the placing of these reproductions in the
market and the right of rental or lending; CHAPTER XV
LIMITATIONS ON PROTECTION
208.2. The right to authorize the first public distribution of the original and
copies of their sound recordings through sale or rental or other forms of Section 212. Limitations on Rights. - Sections 203, 208 and 209 shall not
transferring ownership; and apply where the acts referred to in those Sections are related to:

212.1. The use by a natural person exclusively for his own personal purposes;
212.2. Using short excerpts for reporting current events; Section 214. Calculation of Term. - The term of protection subsequent to the
death of the author provided in the preceding Section shall run from the date of
212.3. Use solely for the purpose of teaching or for scientific research; and his death or of publication, but such terms shall always be deemed to begin on
the first day of January of the year following the event which gave rise to them.
212.4. Fair use of the broadcast subject to the conditions under Section 185. (Sec. 25, P.D. No. 49)
(Sec. 44, P.D. No. 49a)
Section 215. Term of Protection for Performers, Producers and Broadcasting
CHAPTER XVI Organizations. - 215.1. The rights granted to performers and producers of
TERM OF PROTECTION sound recordings under this law shall expire:

Section 213. Term of Protection. - 213.1. Subject to the provisions of (a) For performances not incorporated in recordings, fifty (50) years
Subsections 213.2 to 213.5, the copyright in works under Sections 172 and from the end of the year in which the performance took place; and
173 shall be protected during the life of the author and for fifty (50) years after
his death. This rule also applies to posthumous works. (Sec. 21, first sentence, (b) For sound or image and sound recordings and for performances
P.D. No. 49a) incorporated therein, fifty (50) years from the end of the year in which
the recording took place.
213.2. In case of works of joint authorship, the economic rights shall be
protected during the life of the last surviving author and for fifty (50) years after 215.2. In case of broadcasts, the term shall be twenty (20) years from the date
his death. (Sec. 21, second sentence, P.D. No. 49) the broadcast took place. The extended term shall be applied only to old works
with subsisting protection under the prior law. (Sec. 55, P.D. No. 49a)
213.3. In case of anonymous or pseudonymous works, the copyright shall be
protected for fifty (50) years from the date on which the work was first lawfully CHAPTER XVII
published: Provided, That where, before the expiration of the said period, the INFRINGEMENT
author's identity is revealed or is no longer in doubt, the provisions of
Subsections 213.1. and 213.2 shall apply, as the case may be: Provided, Section 216. Remedies for Infringement. - 216.1. Any person infringing a right
further, That such works if not published before shall be protected for fifty (50) protected under this law shall be liable:
years counted from the making of the work. (Sec. 23, P.D. No. 49)
(a) To an injunction restraining such infringement. The court may also
213.4. In case of works of applied art the protection shall be for a period of order the defendant to desist from an infringement, among others, to
twenty-five (25) years from the date of making. (Sec. 24(B), P.D. No. 49a) prevent the entry into the channels of commerce of imported goods
that involve an infringement, immediately after customs clearance of
213.5. In case of photographic works, the protection shall be for fifty (50) years such goods.
from publication of the work and, if unpublished, fifty (50) years from the
making. (Sec. 24(C), P.D. 49a) (b) Pay to the copyright proprietor or his assigns or heirs such actual
damages, including legal costs and other expenses, as he may have
213.6. In case of audio-visual works including those produced by process incurred due to the infringement as well as the profits the infringer may
analogous to photography or any process for making audio-visual recordings, have made due to such infringement, and in proving profits the plaintiff
the term shall be fifty (50) years from date of publication and, if unpublished, shall be required to prove sales only and the defendant shall be
from the date of making. (Sec. 24(C), P.D. No. 49a) required to prove every element of cost which he claims, or, in lieu of
 actual damages and profits, such damages which to the court shall 217.2. In determining the number of years of imprisonment and the amount of
appear to be just and shall not be regarded as penalty. fine, the court shall consider the value of the infringing materials that the
defendant has produced or manufactured and the damage that the copyright
(c) Deliver under oath, for impounding during the pendency of the owner has suffered by reason of the infringement.
action, upon such terms and conditions as the court may prescribe,
sales invoices and other documents evidencing sales, all articles and 217.3. Any person who at the time when copyright subsists in a work has in his
their packaging alleged to infringe a copyright and implements for possession an article which he knows, or ought to know, to be an infringing
making them. copy of the work for the purpose of:

(d) Deliver under oath for destruction without any compensation all (a) Selling, letting for hire, or by way of trade offering or exposing for
infringing copies or devices, as well as all plates, molds, or other sale, or hire, the article;
means for making such infringing copies as the court may order.
(b) Distributing the article for purpose of trade, or for any other purpose
(e) Such other terms and conditions, including the payment of moral to an extent that will prejudice the rights of the copyright owner in the
and exemplary damages, which the court may deem proper, wise and work; or
equitable and the destruction of infringing copies of the work even in
the event of acquittal in a criminal case. (c) Trade exhibit of the article in public, shall be guilty of an offense
and shall be liable on conviction to imprisonment and fine as above
216.2. In an infringement action, the court shall also have the power to order mentioned. (Sec. 29, P.D. No. 49a)
the seizure and impounding of any article which may serve as evidence in the
court proceedings. (Sec. 28, P.D. No. 49a) Section 218. Affidavit Evidence. - 218.1. In an action under this Chapter, an
affidavit made before a notary public by or on behalf of the owner of the
Section 217. Criminal Penalties. - 217.1. Any person infringing any right copyright in any work or other subject matter and stating that:
secured by provisions of Part IV of this Act or aiding or abetting such
infringement shall be guilty of a crime punishable by: (a) At the time specified therein, copyright subsisted in the work or
other subject matter;
(a) Imprisonment of one (1) year to three (3) years plus a fine ranging
from Fifty thousand pesos (P50,000) to One hundred fifty thousand (b) He or the person named therein is the owner of the copyright; and
pesos (P150,000) for the first offense.
(c) The copy of the work or other subject matter annexed thereto is a
(b) Imprisonment of three (3) years and one (1) day to six (6) years true copy thereof, shall be admitted in evidence in any proceedings for
plus a fine ranging from One hundred fifty thousand pesos (P150,000) an offense under this Chapter and shall be prima facie proof of the
to Five hundred thousand pesos (P500,000) for the second offense. matters therein stated until the contrary is proved, and the court before
which such affidavit is produced shall assume that the affidavit was
(c) Imprisonment of six (6) years and one (1) day to nine (9) years plus made by or on behalf of the owner of the copyright.
a fine ranging from five hundred thousand pesos (P500,000) to One
million five hundred thousand pesos (P1,500,000) for the third and 218.2. In an action under this Chapter:
subsequent offenses.
(a) Copyright shall be presumed to subsist in the work or other subject
(d) In all cases, subsidiary imprisonment in cases of insolvency. matter to which the action relates if the defendant does not put in issue
 the question whether copyright subsists in the work or other subject Section 221. Points of Attachment for Works under Sections 172 and 173. -
matter; and 221.1. The protection afforded by this Act to copyrightable works under
Sections 172 and 173 shall apply to:
(b) Where the subsistence of the copyright is established, the plaintiff
shall be presumed to be the owner of the copyright if he claims to be (a) Works of authors who are nationals of, or have their habitual
the owner of the copyright and the defendant does not put in issue the residence in, the Philippines;
question of his ownership.
(b) Audio-visual works the producer of which has his headquarters or
(c) Where the defendant, without good faith, puts in issue the habitual residence in the Philippines;
questions of whether copyright subsists in a work or other subject
matter to which the action relates, or the ownership of copyright in (c) Works of architecture erected in the Philippines or other artistic
such work or subject matter, thereby occasioning unnecessary costs or works incorporated in a building or other structure located in the
delay in the proceedings, the court may direct that any costs to the Philippines;
defendant in respect of the action shall not be allowed by him and that
any costs occasioned by the defendant to other parties shall be paid by (d) Works first published in the Philippines; and
him to such other parties. (n)
(e) Works first published in another country but also published in the
Section 219. Presumption of Authorship. - 219.1. The natural person whose Philippines within thirty days, irrespective of the nationality or
name is indicated on a work in the usual manner as the author shall, in the residence of the authors.
absence of proof to the contrary, be presumed to be the author of the work.
This provision shall be applicable even if the name is a pseudonym, where the
221.2. The provisions of this Act shall also apply to works that are to be
pseudonym leaves no doubt as to the identity of the author.
protected by virtue of and in accordance with any international convention or
other international agreement to which the Philippines is a party. (n)
219.2. The person or body corporate whose name appears on a audio-visual
work in the usual manner shall, in the absence of proof to the contrary, be
Section 222. Points of Attachment for Performers. - The provisions of this Act
presumed to be the maker of said work. (n)
on the protection of performers shall apply to:
Section 220. International Registration of Works. - A statement concerning a
222.1. Performers who are nationals of the Philippines;
work, recorded in an international register in accordance with an international
treaty to which the Philippines is or may become a party, shall be construed as
true until the contrary is proved except: 222.2. Performers who are not nationals of the Philippines but whose
performances:
220.1. Where the statement cannot be valid under this Act or any other law
concerning intellectual property. (a) Take place in the Philippines; or

220.2. Where the statement is contradicted by another statement recorded in (b) Are incorporated in sound recordings that are protected under this
the international register. (n) Act; or

CHAPTER XVIII (c) Which has not been fixed in sound recording but are carried by
SCOPE OF APPLICATION broadcast qualifying for protection under this Act. (n)
Section 223. Points of Attachment for Sound Recordings. - The provisions of Section 228. Public Records. - The section or division of the National Library
this Act on the protection of sound recordings shall apply to: and the Supreme Court Library charged with receiving copies and instruments
deposited and with keeping records required under this Act and everything in it
223.1. Sound recordings the producers of which are nationals of the shall be opened to public inspection. The Director of the National Library is
Philippines; and empowered to issue such safeguards and regulations as may be necessary to
implement this Section and other provisions of this Act. (Sec. 61, P.D. No. 49)
223.2. Sound recordings that were first published in the Philippines. (n)
Section 229. Copyright Division; Fees. - The Copyright Section of the National
Section 224. Points of Attachment for Broadcasts. - 224.1. The provisions of Library shall be classified as a Division upon the effectivity of this Act. The
this Act on the protection of broadcasts shall apply to: National Library shall have the power to collect, for the discharge of its
services under this Act, such fees as may be promulgated by it from time to
time subject to the approval of the Department Head. (Sec. 62, P.D. 49a)
(a) Broadcasts of broadcasting organizations the headquarters of
which are situated in the Philippines; and

(b) Broadcasts transmitted from transmitters situated in the Philippines.

224.2. The provisions of this Act shall also apply to performers who, and to
producers of sound recordings and broadcasting organizations which, are to
be protected by virtue of and in accordance with any international convention
or other international agreement to which the Philippines is a party. (n)

CHAPTER XIX
INSTITUTION OF ACTIONS

Section 225. Jurisdiction. - Without prejudice to the provisions of Subsection

7.1(c), actions under this Act shall be cognizable by the courts with appropriate
jurisdiction under existing law. (Sec. 57, P.D. No. 49a)

Section 226. Damages. - No damages may be recovered under this Act after

four (4) years from the time the cause of action arose. (Sec. 58, P.D. No. 49)

CHAPTER XX
MISCELLANEOUS PROVISIONS

Section 227. Ownership of Deposit and Instruments. - All copies deposited

and instruments in writing filed with the National Library and the Supreme
Court Library in accordance with the provisions of this Act shall become the
property of the Government. (Sec. 60, P.D. No. 49)