CHAPTER IX DEPOSIT AND NOTICE

Sec. 191. Registration and Deposit with National Library and the Supreme Court Library.After the first public dissemination of performance by authority of the copyright owner of a work falling under Subsections !". # !"." and !".$ of this Act# there shall# for the purpose of completing the records of the National Library and the Supreme Court Library# within three %$& weeks# be registered and deposited with it# by personal deli'ery or by registered mail# two %"& complete copies or reproductions of the work in such form as the directors of said libraries may prescribe. A certificate of deposit shall be issued for which the prescribed fee shall be collected and the copyright owner shall be e(empt from making additional deposit of the works with the National Library and the Supreme Court Library under other laws. )f# within three %$& weeks after receipt by the copyright owner of a written demand from the directors for such deposit# the re*uired copies or reproductions are not deli'ered and the fee is not paid# the copyright owner shall be liable to pay a fine e*ui'alent to the re*uired fee per month of delay and to pay to the National Library and the Supreme Court Library the amount of the retail price of the best edition of the work. +nly the abo'e mentioned classes of work shall be accepted for deposit by the National Library and the Supreme Court Library. %Sec. ",# -. D. No. ./a& Sec. 192. Notice of Copyright. - 0ach copy of a work published or offered for sale may contain a notice bearing the name of the copyright owner# and the year of its first publication# and# in copies produced after the creator1s death# the year of such death. %Sec. "!# -. D. No. ./a&

Chapter X MORA RI!HTS

Sec. 19". Scope of Mora# Right$. - 2he author of a work shall# independently of the economic rights in Section !! or the grant of an assignment or license with respect to such right# ha'e the right3 19".1. 2o re*uire 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 work4 19".2. 2o make any alterations of his work prior to# or to withhold it from publication4 19".". 2o ob5ect to any distortion# mutilation or other modification of# or other derogatory action in relation to# his work which would be pre5udicial to his honor or reputation4 and 19".%. 2o restrain the use of his name with respect to any work not of his own creation or in a distorted 'ersion of his work. %Sec. $.# -. D. No. ./& Sec. 19%. &reach of Co'tract. - An author cannot be compelled to perform his contract to create a work or for the publication of his work already in e(istence. 6owe'er# he may be held liable for damages for breach of such contract. %Sec. $7# -. D. No. ./& Sec. 19(. )ai*er of Mora# Right$. - An author may wai'e his rights mentioned in Section /$ by a written instrument# but no such wai'er shall be 'alid where its effects is to permit another3 19(.1. 2o use the name of the author# or the title of his work# or otherwise to make use of his reputation with respect to any 'ersion or adaptation of his work which# because of alterations therein# would substantially tend to in5ure the literary or artistic reputation of another author4 or

/7.". 2o use the name of the author with respect to a work he did not create. %Sec. $,# -. D. No. ./& Sec. 19+. Co'tri,-tio' to Co##ecti*e )or.. - 8hen an author contributes to a collecti'e work# his right to ha'e his contribution attributed to him is deemed wai'ed unless he e(pressly reser'es it. %Sec. $!. -. D. No. ./& Sec. 19/. E0iti'g1 Arra'gi'g a'0 A0aptatio' of )or. . - )n 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 publication# broadcast# use in a motion picture# dramati9ation# or mechanical or electrical reproduction in accordance with the reasonable and customary standards or re*uirements of the medium in which the work is to be used# shall not be deemed to contra'ene the author:s rights secured by this chapter. Nor shall complete destruction of a work unconditionally transferred by the author be deemed to 'iolate such rights. %Sec. $;# -. D. No. ./& Sec. 192. Ter3 of Mora# Right$. 4 192.1. 2he rights of an author under this chapter shall last during the lifetime of the author and for fifty %7<& years after his death and shall not be assignable or sub5ect to license. 2he person or persons to be charged with the posthumous enforcement of these rights shall be named in writing to be filed with the National Library. )n default of such person or persons# such enforcement shall de'ol'e upon either the author:s heirs# and in default of the heirs# the Director of the National Library. 192.2. =or purposes of this Section# >-erson> shall mean any indi'idual# partnership# corporation# association# or society. 2he Director of the National Library may prescribe reasonable fees to be charged for his ser'ices in the application of pro'isions of this Section. %Sec. $/# -. D. No. ./& Sec. 199. E'force3e't Re3e0ie$. - ?iolation of any of the rights conferred by this Chapter shall entitle those charged with their enforcement to the same rights and remedies a'ailable to a copyright owner. )n addition# damages which may be a'ailed of under the Ci'il Code may also be reco'ered. Any damage reco'ered after the creator:s death shall be held in trust for and remitted to his heirs# and in default of the heirs# shall belong to the go'ernment. %Sec. .<# -. D. No. ./& Chapter XI RI!HTS TO PROCEEDS IN S5&SE65ENT TRANS7ERS Sec. 288. Sa#e or ea$e of )or.. - )n e'ery sale or lease of an original work of painting or sculpture or of the original manuscript of a writer or composer# subse*uent to the first disposition thereof by the author# the author or his heirs shall ha'e an inalienable right to participate in the gross proceeds of the sale or lease to the e(tent of fi'e percent %7@&. 2his right shall e(ist during the lifetime of the author and for fifty %7<& years after his death. %Sec. $ # -. D. No. ./& Sec. 281. )or.$ Not Co*ere0. - 2he pro'isions of this Chapter shall not apply to prints# etchings# engra'ings# works of applied art# or works of similar kind wherein the author primarily deri'es gain from the proceeds of reproductions. %Sec. $$# -. D. No. ./& Chapter XII RI!HTS O7 PER7ORMERS1 PROD5CERS O7 SO5NDS RECORDIN!S AND &ROADCASTIN! OR!ANI9ATIONS Sec. 282. Defi'itio'$.4 7or the p-rpo$e of thi$ Act1 the fo##o:i'g ter3$ $ha## ha*e the fo##o:i'g 3ea'i'g$;

282.1. >-erformers> are actors# singers# musicians# dancers# and other persons who act# sing# declaim# play in# interpret# or otherwise perform literary and artistic work4 282.2. >Sound recording> means the fi(ation of the sounds of a performance or of other sounds# or representation of sound# other than in the form of a fi(ation incorporated in a cinematographic or other audio'isual work4 282.". An >audio'isual work or fi(ation> is a work that consists of a series of related images which impart the impression of motion# with or without accompanying sounds# susceptible of being made 'isible and# where accompanied by sounds# susceptible of being made audible4 282.%. >=i(ation> means the embodiment of sounds# or of the representations thereof# from which they can be percei'ed# reproduced or communicated through a de'ice4 282.(. >-roducer of a sound recording> means the person# or the legal entity# who or which takes the initiati'e and has the responsibility for the first fi(ation of the sounds of a performance or other sounds# or the representation of sounds4 282.+. >-ublication of a fi(ed performance or a sound recording> means the offering of copies of the fi(ed performance or the sound recording to the public# with the consent of the right holder3 -ro'ided# 2hat copies are offered to the public in reasonable *uality4 282./. >Aroadcasting> means the transmission by wireless means for the public reception of sounds or of images or of representations thereof4 such transmission by satellite is also >broadcasting> where the means for decrypting are pro'ided to the public by the broadcasting organi9ation or with its consent4 282.2. >Aroadcasting organi9ation> shall include a natural person or a 5uridical entity duly authori9ed to engage in broadcasting4 and 282.9. >Communication to the public of a performance or a sound recording> means the transmission to the public# by any medium# otherwise than by broadcasting# of sounds of a performance or the representations of sounds fi(ed in a sound recording. =or purposes of Section "</# >communication to the public> includes making the sounds or representations of sounds fi(ed in a sound recording audible to the public. Sec. 28". Scope of Perfor3er$< Right$. 4 S-,=ect to the pro*i$io'$ of Sectio' 2121 perfor3er$ $ha## e'=oy the fo##o:i'g e>c#-$i*e right$; 28".1. As regards their performances# the right of authori9ing3 %a& 2he broadcasting and other communication to the public of their performance4 and %b& 2he fi(ation of their unfi(ed performance. 28".2. 2he right of authori9ing the direct or indirect reproduction of their performances fi(ed in sound recordings# in any manner or form4 28".". Sub5ect to the pro'isions of Section "<,# the right of authori9ing the first public distribution of the original and copies of their performance fi(ed in the sound recording through sale or rental or other forms of transfer of ownership4 28".%. 2he right of authori9ing the commercial rental to the public of the original and copies of their performances fi(ed in sound recordings# e'en after distribution of them by# or pursuant to the authori9ation by the performer4 and 28".(. 2he right of authori9ing the making a'ailable to the public of their performances fi(ed in sound recordings# by wire or wireless means# in such a way that members of the public may access them from a place and time indi'idually chosen by them. %Sec. ."# -. D. No. ./a&

Sec. 28%. Mora# Right$ of Perfor3er$. 4 28%.1. )ndependently of a performer:s economic rights# the performer# shall# as regards his li'e aural performances or performances fi(ed in sound recordings# ha'e the right to claim to be identified as the performer of his performances# e(cept where the omission is dictated by the manner of the use of the performance# and to ob5ect to any distortion# mutilation or other modification of his performances that would be pre5udicial to his reputation. "<..". 2he rights granted to a performer in accordance with Subsection "<$. shall be maintained and e(ercised fifty %7<& years after his death# by his heirs# and in default of heirs# the go'ernment# where protection is claimed. %Sec. .$# -. D. no. ./& Sec. 28(. i3itatio' o' Right.4 28(.1. Sub5ect to the pro'isions of Section "<,# once the performer has authori9ed the broadcasting or fi(ation of his performance# the pro'isions of Sections "<$ shall ha'e no further application. "<7.". 2he pro'isions of Section ;. and Section ;7 shall apply mutatis mutandis to performers. %n& Sec. 28+. A00itio'a# Re3-'eratio' for S-,$e?-e't Co33-'icatio'$ or &roa0ca$t$. - Bnless otherwise pro'ided in the contract# in e'ery communication to the public or broadcast of a performance subse*uent to the first communication or broadcast thereof by the broadcasting organi9ation# the performer shall be entitled to an additional remuneration e*ui'alent to at least fi'e percent %7@& of the original compensation he or she recei'ed for the first communication or broadcast. %n& Sec. 28/. Co'tract Ter3$. - Nothing in this Chapter shall be construed to depri'e performers of the right to agree by contracts on terms and conditions more fa'orable for them in respect of any use of their performance. %n& Chapter XIII PROD5CERS O7 SO5ND RECORDIN!S Sec. 282. Scope of Right. 4 S-,=ect to the pro*i$io'$ of Sectio' 2121 pro0-cer$ of $o-'0 recor0i'g$ $ha## e'=oy the fo##o:i'g e>c#-$i*e right$; 282.1. 2he right to authori9e the direct or indirect reproduction of their sound recordings# in any manner or form4 the placing of these reproductions in the market and the right of rental or lending4 282.2. 2he right to authori9e the first public distribution of the original and copies of their sound recordings through sale or rental or other forms of transferring ownership4 and "<;.$. 2he right to authori9e the commercial rental to the public of the original and copies of their sound recordings# e'en after distribution by them by or pursuant to authori9ation by the producer. %Sec. .,# -. D. No. ./a& Sec. 289. Co33-'icatio' to the P-,#ic. - )f a sound recording published for commercial purposes# or a reproduction of such sound recording# is used directly for broadcasting or for other communication to the public# or is publicly performed with the intention of making and enhancing profit# a single e*uitable remuneration for the performer or performers# and the producer of the sound recording shall be paid by the user to both the performers and the producer# who# in the absence of any agreement shall share e*ually. %Sec. .!# -. D. No. ./a& Sec. 218. i3itatio' of Right. 4 Sectio'$ 12% a'0 12( $ha## app#y 3-tati$ 3-ta'0i$ to the pro0-cer of $o-'0 recor0i'g$. @Sec. %21 P. D. No. %9aA Chapter XIB

&ROADCASTIN! OR!ANI9ATIONS Sec. 211. Scope of Right. 4 S-,=ect to the pro*i$io'$ of Sectio' 2121 ,roa0ca$ti'g orga'iCatio'$ $ha## e'=oy the e>c#-$i*e right to carry o-t1 a-thoriCe or pre*e't a'y of the fo##o:i'g act$; 211.1. 2he rebroadcasting of their broadcasts4 211.2. 2he recording in any manner# including the making of films or the use of 'ideo tape# of their broadcasts for the purpose of communication to the public of tele'ision broadcasts of the same4 and 211.". 2he use of such records for fresh transmissions or for fresh recording. %Sec. 7"# -. D. No. ./&

Chapter XB IMITATIONS ON PROTECTION Sec. 212. i3itatio'$ o' Right$. 4 Sectio'$ 28"1 282 a'0 289 $ha## 'ot app#y :here the act$ referre0 to i' tho$e Sectio'$ are re#ate0 to; 212.1. 2he use by a natural person e(clusi'ely for his own personal purposes4 212.2. Bsing short e(cerpts for reporting current e'ents4 212.". Bse solely for the purpose of teaching or for scientific research4 and 212.%. =air use of the broadcast sub5ect to the conditions under section ;7. %Sec. ..# -. D. No. ./a& Chapter XBI TERM O7 PROTECTION Sec. 21". Ter3 of Protectio'. - " $. . Sub5ect to the pro'isions of Subsections " $." to " $.7# the copyright in works under Sections !" and !$ shall be protected during the life of the author and for fifty %7< years after his death. 2his rule also applies to posthumous works. %Sec. " # =irst Sentence# -. D. No. ./a& 21".2. )n case of works of 5oint authorship# the economic rights shall be protected during the life of the last sur'i'ing author and for fifty %7<& years after his death. %Sec. " # Second Sentence# -.D. No. ./& 21".". )n case of anonymous or pseudonymous works# the copyright shall be protected for fifty %7<& years from the date on which the work was first lawfully published3 -ro'ided# 2hat where# before the e(piration of the said period# the author:s identity is re'ealed or is no longer in doubt# the pro'isions of Subsections " $. and " $." shall apply# as the case may be3 -ro'ided# further# 2hat such works if not published before shall be protected for fifty %7<& years counted from the making of the work. %Sec. "$# -. D. No. ./& 21".%. )n case of works of applied art the protection shall be for a period of twenty-fi'e %"7& years from the date of making. %Sec. ".%A&# -. D. No. ./a& 21".(. )n case of photographic works# the protection shall be for fifty %7<& years from publication of the work and# if unpublished# fifty %7<& years from the making. %Sec. ".%C&# -. D. ./a&

" $.,. )n case of audio-'isual works including those produced by process analogous to photography or any process for making audio-'isual recordings# the term shall be fifty %7<& years from date of publication and# if unpublished# from the date of making. %Sec. ".%C&# -. D. No. ./a& Sec. 21%. Ca#c-#atio' of Ter3. - 2he term of protection subse*uent to the death of the author pro'ided in the preceding Section shall run from the date of his death or of publication# but such terms shall always be deemed to begin on the first day of Canuary of the year following the e'ent which ga'e rise to them. %Sec. "7# -. D. No. ./& Sec. 21(. Ter3 of Protectio' for Perfor3er$1 Pro0-cer$ a'0 &roa0ca$ti'g Orga'iCatio'$.4 21(.1. 2he rights granted to performers and producers of sound recordings under this law shall e(pire3 %a& =or performances not incorporated in recordings# fifty %7<& years from the end of the year in which the performance took place4 and %b& =or sound or image and sound recordings and for performances incorporated therein# fifty %7<& years from the end of the year in which the recording took place. 21(.2. )n case of broadcasts# the term shall be twenty %"<& years from the date the broadcast took place. 2he e(tended term shall be applied only to old works with subsisting protection under the prior law. %Sec. 77# -. D. No. ./a& Chapter XBII IN7RIN!EMENT Sec. 21+. Re3e0ie$ for I'fri'ge3e't. 4 21+.1. Any person infringing a right protected under this law shall be liable3 %a& 2o an in5unction restraining such infringement. 2he court may also order the defendant to desist from an infringement# among others# to pre'ent the entry into the channels of commerce of imported goods that in'ol'e an infringement# immediately after customs clearance of such goods. %b& -ay to the copyright proprietor or his assigns or heirs such actual damages# including legal costs and other e(penses# as he may ha'e incurred due to the infringement as well as the profits the infringer may ha'e made due to such infringement# and in pro'ing profits the plaintiff shall be re*uired to pro'e sales only and the defendant shall be re*uired to pro'e e'ery element of cost which he claims# or# in lieu of actual damages and profits# such damages which to the court shall appear to be 5ust and shall not be regarded as penalty. %c& Deli'er under oath# for impounding during the pendency of the action# upon such terms and conditions as the court may prescribe# sales in'oices and other documents e'idencing sales# all articles and their packaging alleged to infringe a copyright and implements for making them. %d& Deli'er under oath for destruction without any compensation all infringing copies or de'ices# as well as all plates# molds# or other means for making such infringing copies as the court may order. %e& Such other terms and conditions# including the payment of moral and e(emplary damages# which the court may deem proper# wise and e*uitable and the destruction of infringing copies of the work e'en in the e'ent of ac*uittal in a criminal case. 21+. 2. )n an infringement action# the court shall also ha'e the power to order the sei9ure and impounding of any article which may ser'e as e'idence in the court proceedings. %Sec. ";# -. D. No. ./a& Sec. 21/. Cri3i'a# Pe'a#tie$. 4

21/.1. Any person infringing any right secured by pro'isions of -art )? of this Act or aiding or abetting such infringement shall be guilty of a crime punishable by3 %a& )mprisonment of one % & year to three %$& years plus a fine ranging from =ifty thousand pesos %-7<#<<<& to +ne hundred fifty thousand pesos %- 7<#<<<& for the first offense. %b& )mprisonment of three %$& years and one % & day to si( %,& years plus a fine ranging from +ne hundred fifty thousand pesos %- 7<#<<<& to =i'e hundred thousand pesos %-7<<#<<<& for the second offense. %c& )mprisonment of si( %,& years and one % & day to nine %/& years plus a fine ranging from =i'e hundred thousand pesos %-7<<#<<<& to +ne million fi'e hundred thousand pesos %- #7<<#<<<& for the third and subse*uent offenses. %d& )n all cases# subsidiary imprisonment in cases of insol'ency. 21/.2. )n determining the number of years of imprisonment and the amount of fine# the court shall consider the 'alue of the infringing materials that the defendant has produced or manufactured and the damage that the copyright owner has suffered by reason of the infringement. 21/.". Any person who at the time when copyright subsists in a work has in his possession an article which he knows# or ought to know# to be an infringing copy of the work for the purpose of3 %a& Selling# letting for hire# or by way of trade offering or e(posing for sale# or hire# the article4 %b& Distributing the article for purpose of trade# or for any other purpose to an e(tent that will pre5udice the rights of the copyright owner in the work4 or %c& 2rade e(hibit of the article in public# shall be guilty of an offense and shall be liable on con'iction to imprisonment and fine as abo'e mentioned. %Sec. "/# -. D. No. ./a& Sec. 212. Affi0a*it E*i0e'ce. 4 212.1. )n an action under this Chapter# an affida'it made before a notary public by or on behalf of the owner of the copyright in any work or other sub5ect matter and stating that3 %a& At the time specified therein# copyright subsisted in the work or other sub5ect matter4 %b& 6e or the person named therein is the owner of the copyright4 and %c& 2he copy of the work or other sub5ect matter anne(ed thereto is a true copy thereof# shall be admitted in e'idence in any proceedings for an offense under this Chapter and shall be prima facie proof of the matters therein stated until the contrary is pro'ed# and the court before which such affida'it is produced shall assume that the affida'it was made by or on behalf of the owner of the copyright. 212.2. )n an action under this Chapter. %a& Copyright shall be presumed to subsist in the work or other sub5ect matter to which the action relates if the defendant does not put in issue the *uestion whether copyright subsists in the work or other sub5ect matter4 and %b& 8here the subsistence of the copyright is established# the plaintiff shall be presumed to be the owner of the copyright if he claims to be the owner of the copyright and the defendant does not put in issue the *uestion of his ownership. %c& 8here the defendant# without good faith# puts in issue the *uestions of whether copyright subsists in a work or other sub5ect matter to which the action relates# or the ownership of copyright in such work or sub5ect matter# thereby occasioning unnecessary costs or delay in the proceedings# the court may direct that any costs to the 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 him to such other parties. %n& Sec. 219. Pre$-3ptio' of A-thor$hip. 4 219.1. 2he natural person whose name is indicated on a work in the usual manner as the author shall# in the absence of proof to the contrary# be presumed to be the author of the

work. 2his pro'ision shall be applicable e'en if the name is a pseudonym# where the pseudonym lea'es no doubt as to the identity of the author. 219.2. 2he person or body# corporate whose name appears on an audio-'isual work in the usual manner shall# in the absence of proof to the contrary# be presumed to be the maker of said work. %n& Sec. 228. I'ter'atio'a# Regi$tratio' of )or.$. - A statement concerning a work# recorded in an international register in accordance with an international treaty to which the -hilippines is or may become a party# shall be construed as true until the contrary is pro'ed e(cept3 228.1. 8here the statement cannot be 'alid under this Act or any other law concerning intellectual property. 228.2. 8here the statement is contradicted by another statement recorded in the international register. %n&