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Sunday, December 1, 2013

Copyright Law of the Philippines - Law - Copyright Law

This is my first to composed a copyright law of the Philippines.

I believed that some other countries will listen to me about this issue.

Because some other countries have their designated ethics to follow in copyright laws.

The source of my article is came from Wikipedia, Attorney Alfred Hermosa III, Legal Counsel of Bethel Guest House in Dumaguete City. He is also Attorney At Law.

Philippine copyright law is enshrined in the Intellectual Property Code of the Philippines, officially known as Republic Act No. 8293. The law is partly based on United States copyright law and the principles of the Berne Convention for the Protection of Literary and Artistic Works. Unlike many other copyright laws, Philippine copyright laws also protect patents, trademarks, and other forms of intellectual property.

There are also other laws that protect copyrights: the Optical Media Act which protects music, movies, computer programs, and video games is an example of such. In the Philippines, we have a government agency that monitors Optical Media is Movie Television Review and Classification Board or known as MTRCB. There is a law called anti-piracy law.

The law is enforced through a body established by the law: the Intellectual Property Office, or IPO, and its various branches. Copyright implementation is done with the coordination of the IPO and the Copyright Division of the National Library of the Philippines.The designated copyright law has its own classes.

The Intellectual Property Code splits works that may be copyrighted into 17 classes, listed from A to Q. While all the classes listed are specifically for copyrighted material, trademarks and other forms of intellectual property, depending on what it is, are covered as well. Patents do not have a category.

* A: Literature (books, pamphlets, etc.) * B: Periodicals (newspapers, tabloids, magazines, etc.) * C: Public speeches and other public speaking works (speeches, lectures, sermons, etc.) * D: Letters * E: Television or movie scripts, choreography, and entertainment in shows * F: Musical works (lyrics, songs, song arrangements, etc.) * G: Art products (drawings, paintings. sculptures, etc.) * H: Ornamental designs and other forms of applied art (not necessarily industrial designs) * I: Geographical, topographical, architectural, and scientific works (maps, charts, plans, etc.) * J: Scientific and technical drawings * K: Photographs and cinematographic works made in a process similar to photography * L: Audio-visual works and cinematographic works made in a process similar to making audio-visual works * M: Pictures used in advertising (includes logos) * N: Computer programs * O: Other works not covered in classes A-N of a literary, scholarly, scientific, or artistic nature * P: Sound recordings * Q: Broadcasts

The ownership of copyright has its own basis such as the country is a party to the Berne Convention, Philippine copyright law expressly gives copyright ownership to the copyright holder automatically for creative works which fit in one of the categories.

When it deals with public or known as government, it has some procedures to follow. Government copyright under Philippine copyright law is established in Section 176 and its subsections. Under the section, all official Philippine texts of a "legislative, administrative, or judicial nature" or any official translation of those kinds of texts may not be copyrighted and are in the public domain. Aside from government documents, no work of the Philippine government, as well as the works of government-owned and/or controlled corporations, can be copyrighted (images, documents, and the like). However, prior approval is needed if a government work will be used for making a profit (most notably the Philippine constitution).

There are exceptions to the rule: the author of any public speaking works may have the works compiled, published, and copyrighted, and the government is permitted to receive and hold copyrights it received as a gift or assigned. However, such copyrights may not be shortened or annulled without prior consent of the copyright holder.





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