I
A. Moral and Economic Rights of a Copyright owner.
Moral Rights:
1. To require that the authorship of the works be attributed to him, in particular, the right
that his name, as far as practicable, be indicated in a prominent way on the copies,
and in connection with the public use of his work;
2. To make any alterations of his work prior to, or to withhold it from publication;
3. To object to any distortion, mutilation or other modification of, or other derogatory
action in relation to, his work which would be prejudicial to his honor or reputation;
and
4. To restrain the use of his name with respect to any work not of his own creation or in
a distorted version of his work.
Economic Rights
1. Reproduction of the work or substantial portion of the work;
2. Dramatization, translation, adaptation, abridgment, arrangement or other
transformation of the work;
3. The first public distribution of the original and each copy of the work by sale or other
forms of transfer of ownership;
4. Rental of the original or a copy of an audiovisual or cinematographic work, a work
embodied in a sound recording, a computer program, a compilation of data and other
materials or a musical work in graphic form, irrespective of the ownership of the
original or the copy which is the subject of the rental; (n)
5. Public display of the original or a copy of the work;
6. Public performance of the work; and
7. Other communication to the public of the work.
B. What is the duration of the economic right of the following?
1. Literary and Artistic Work – Lifetime of the author and 50 yrs from his/her death
2. Anonymous or Pseudonymous works – 50 yrs from the date on which the work was
lawfully published.
3. Photographic and audio-visual works – 50 yrs from publication of the work, if
unpublished, 50 yrs from the making
4. Work of Applied Art – 25 yrs from the date of the making.
II
III
KK is liable for infringement of copyright.
Under the Intellectual Property Code, provides that the copyright may be assigned in whole or in
part. Within the scope of the assignment, the assignee is entitled to all the rights and remedies
which the assignor had with respect to the copyright.
In the instant case, XX being the exclusive licensed publisher of the Book is entitled to rights and
remedies with respect to copyright against KK who imported of 50 copies of each foreign book
prescribed in UST and selling them locally at 20 less than their respective prices in the Philippines.
Although the importation made by KK is subject to the doctrine of fair use set out in the IPC. The
factors to be considered in determining whether the use made of a work is fair use shall include:
a. The purpose and character of the use, including whether such use is of a commercial nature
or is for non-profit educational purposes;
b. The nature of the copyrighted work;
c. The amount and substantiality of the portion used in relation to the copyrighted work as a
whole;
d. The effect of the use upon the potential market for or value of the copyrighted work.
Applying the above-listed factors to the problem, KK’s importation of the books and their sale local
clearly show the unfairness of her use of the books, particularly the adverse effect of her price
discounting on the business of XX.
IV
Pepe Paminta and Bayabas TV have no cause of action for copyright infringement against Wally
Towin.
Under the IPC, format or mechanics of a television show is not included in the list of protected
works, hence, not copyrightable.
Therefore, the case filed by Pepe Paminta and Bayabas TV against Wally Towin must be
dismissed as it does not constitute copyright infringement.
V
Rudy owns the copyright to the painting because he was the one who actually created it.
(Section 178.1 of then Intellectual Property Code) His rights existed from the moment of its
creation(Section 172 of the Intellectual Property Code; Unilever Philippines (PRC) v. Court of
Appeals, 498 SCRA 334, 2006). The registration of the painting by Bernie with the National Library
did not confer copyright upon him. The registration is merely for the purpose of completing the
records of the National Library. (Section191 of the Intellectual Property Code).
VI
a. Eloise may publish the columns without securing authorization from New Media Enterprises.
Under Sec. 172 of the Intellectual Property Code, original intellectual creations in the literary and
artistic domain are protected from the moment of their creation and shall include those in
periodicals and newspapers. Further, Under Sec. 178, copyright ownership shall belong to the
author. In case of commissioned work, the person who so commissioned work shall have
ownership of work, but copyright shall remain with creator, unless there is a written stipulation to
the contrary.
In this case, since there was no stipulation on the commissioned work made by Eloise to New
Media Enterprises that copyright shall belong to the latter. Eloise need not to secure authorization
from New Media Enterprises because the copyright of his creation remains to her.
b. Under the IPC, the copyright or economic rights to the columns she authored pertains only to
Eloise. She can invoke the right to either “authorize or prevent” reproduction of the work, including
the public distribution of the original and each copy of the work “by sale or other forms of transfer
of ownership,” Since this would be the effect of including her column in the anthology
VII
PPCTV is not liable for copyright infringement.
Under the “Must-Carry Rule.” It mandates the compulsory carriage by cable service providers of
television signals being broadcast within a cable company’s area of coverage.
