FAQS for Copyright

Here are the frequently asked questions on copyright registration and deposit in the Philippines. These aim to answer the common questions of applicants who seek to register their copyrightable works in the Philippines.

A copyright is the legal right given to authors and owners of artistic and literary works.

Copyright covers economic rights and moral rights. Economic right is exclusive right to carry out, authorize and prevent (a) reproduction of the work or substantial portion of the work; (b) dramatization, translation, adaptation, abridgement, arrangement or other transformation of the work; (c) the first public distribution of the original and each copy of the work by sale or other forms of transfer of ownership; (d) 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; (e) public display of the original or a copy of the work; (f) public performance of the work; and 
(g) other communications to the public of the work. (Sec. 177, IP Code)

Moral rights include the right to require the authorship of the works be attributed to the author, 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; (b) to make any alterations of his work prior to, or to withhold it from publication; (c) to object to any distortion, mutilation or modification of or other derogatory action in relation to, his work which would be prejudicial to his honor or reputation; and (d) 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. (Sec. 193, IP Code)

The following are the requirement for the registration and deposit of copyright:

  1. duly accomplished registration and deposit form;
  2. document evidencing ownership of the copyright or the manner of its acquisition;
  3. document evidencing identity of the applicant
    1. if natural person, either one current identification document issued by an official agency bearing the photograph and signature of the individual; or oath or affirmation of one credible witness not privy to the instrument, document or transaction who is personally known to the notary public and who personally knows the individual, or of any two credible witnesses neither of two whom is privy to the instrument, document or transaction who each personally knows the individual and shows to the notary public documentary identification.
    2. if juridical person, a certificate of registration issued by the Securities and Exchange Commission or Department of Trade and Industry.
  4. Special Power of Attorney, Corporate Secretary’s Certificate or Board Resolution
  5. payment of filing fee
  6. two (2) original copies of the work covered by copyright

Both original and derivative works are protected under copyright law. Original works are intellectual creations in the literary and artistic domain includes but are limited to:

  1. books, pamphlets, articles and other writings;
  2. periodicals and newspapers;
  3. lectures, sermons, addresses, dissertations prepared for oral delivery, whether or not reduced in writing or other material form;
  4. letters;
  5. dramatic or dramatic-musical compositions; choreographic works or entertainment in dumb shows;
  6. musical compositions, with or without words;
  7. works of drawing, painting, architecture, sculpture, engraving, lithography or other works of art; models or designs for works of art;
  8. original ornamental designs or models for articles of manufacture, whether or not registrable as an industrial design, and other works of applied art;
  9. illustrations, maps, plans, sketches, charts and three-dimensional works relative to geography, topography, architecture or science;
  10. drawings or plastic works of a scientific or technical character;
  11. photographic works including works produced by a process analogous to photography; lantern slides;
  12. audiovisual works and cinemtographic works and works produced by a process analogous to cinematography or any process for making audio-visual recordings;
  13. pictorial illustrations and advertisements;
  14. computer programs; and
  15. other literary, scholarly, scientific and artistic works. (Sec. 172, IP Code).

Derivative works include:

  1. dramatizations, translations, adaptations, abridgements, arrangements, and other alterations of literary music work; and
  2. collections of literary, scholarly or artistic works, and compilations of data and other materials which are original by reason of the selection or coordination or arrangement of their contents. (Sec. 173, IP Code)