COMPUTER GAMES “Sec. 185. Fair Use of Copyrighted Work.
185.1. The fair use of a copyrighted work for
Copyright protects literary and artistic
criticism, comment, news reporting,
works from the moment of their creation
teaching including limited number of copies
Sec. 171.A – RA 8293 for the classroom use, scholarship,
researched, and similar purposes is not an
A “computer” is an electronic or similar
infringement of copyright. Decompilation
device having information-processing
,which is understood here to be the
capabilities, and a “computer program” is a
production of the code and translation of
set of instructions expressed in words,
the form of a computer program to achieve
codes, schemes or in any other form, which
the interoperability of an independently
is capable when incorporated in a medium
created computer program with other
that the computer can read, of causing the
programs may also constitute fair use under
computer to perform or achieve a particular
the criteria established by this section, to the
task or result.
extent that such de compilation is done for
Computer games copyright covers: the purpose of obtaining the information
necessary to achieve such interoperability.
source codes or software,
character and environmental design, Interoperability is the characteristic of a
music, dialogue, and story. product or system, whose interfaces are
completely understood, to work with other
This means that these aspects of the game
products or systems, at present or in the
cannot be copied without obtaining the
future, in either implementation or access,
consent of their creators first
without any restrictions.
Article 10 Computer Programs and
Compilations of Data 1. Computer
programs, whether in source or object code, Case:
shall be protected as literary works under
Atari, Inc. (Atari) vs. North America
the Berne Convention (1971).
Philips Consumer Electronics Corp.
Sec. 189.1 – RA8293 (Exceptions) (NAPCEC), Atari acquired the rights to
produce Namco’s popular Pac-Man game in
Notwithstanding the provisions of Section
its Atari 2600 console. However, NAPCEC,
177, the reproduction in one (1) back-up
at the same time, developed a game entitled
copy or AAor other owner of copyright in, a
K.C. Munchkin which greatly resembled the
computer program, by the lawful owner of
Pac-Man game, in terms of gameplay and
that computer program: Provided, That the
character design. Atari was eventually able
copy or adaptation is necessary for:
to secure an order from the US Court of
a. The use of the computer program in Appeals to prevent the release of K.C.
conjunction with a computer for the Munchkin, with the court siding with Atari
purpose, and to the extent, for which that the latter was indeed substantially
the computer program has been similar to the Pac-Man game.
obtained; and
b. Archival purposes, and, for the
replacement of the lawfully owned
copy of the computer program in the
event that the lawfully obtained
copy of the computer program is
lost, destroyed or rendered
unusable.
AMENDMENT
Sec. 12. Section 185.1. of Republic Act No.
8293 is hereby amended to read as follows:
