1 Legal framework
1.1 What legislative and regulatory provisions govern copyright in your jurisdiction?
Consistent with Article XIV, Section 13 of the 1987 Constitution, which protects the IP rights of Filipinos, Republic Act 8293 – also known as IP Code – came into effect in 1998. The IP Code establishes the statutory framework for the protection of IP rights, including copyright. This comprehensive legislation outlines the rights and protections afforded to creators and owners of original works, establishing the rules and procedures for the registration, enforcement and licensing of copyright. Among other things, Republic Act 10372, which amended the copyright provisions of the IP Code:
- created the Bureau of Copyright and Other Related Rights;
- specifies the acts constituting copyright infringement; and
- revised several provisions to better align with the digitalisation and online use of copyrighted works.
The Philippines also adheres to international treaties and obligations pursuant to the IP Code.
In addition, the Philippine Intellectual Property Office (IPOPHL) has issued the following relevant implementing rules and regulations related to copyright protection in the Philippines:
- the Implementing Rules and Regulations of Sound Performers and Producers of Sound Recordings (Memorandum Circular 2023-023);
- the Implementing Rules and Regulations on the Term of Copyright Protection and the Public Domain (Memorandum Circular 2023-021);
- the Revised Rules on Copyright Registration and Recordation of Transfer, Assignment and License of Copyright (Memorandum Circular 2020-025) and Supplemental Guidelines on Bulk Copyright Registration and Recordation Fees (Memorandum Circular 2021-028);
- the Revised Rules and Regulations on Accreditation of Collective Management Organisations (Memorandum Circular 2020-026);
- the Rules and Regulations for the Government (2020);
- the Revised Rules and Regulations on the Resolution of Public Performance Disputes (Memorandum Circular 2020-022);
- the Philippine Marrakesh Regulations (Memorandum Circular 2019-025); and
- the Implementing Rules and Regulations on Resale Rights (Memorandum Circular 2020-023).
1.2 Is there common law protection for copyright in your jurisdiction?
The foundation of the recognition and protection of creative works in the Philippines primarily rests on statutory provisions – specifically, the IP Code. However, jurisprudence does play an essential part in the interpretation and implementation of these provisions. Where legislation delineates the rights and obligations of creators, establishing clear parameters for IP ownership and enforcement mechanisms, case law enhances the legal landscape by providing interpretation and practical application to specific cases. In some cases, jurisprudential interpretation become the foundation for codified guidelines and implementing regulations.
1.3 Do any special regimes apply to specific types of works or subject matter (eg, software; data and databases; digital works; indigenous works)?
The key provisions in the IP Code relating to copyright are Sections 172 and 173, which establish what works are considered copyrightable as ‘literary and artistic works'. These encompass a vast range of creative expressions, from written works such as books and poems to artistic creations such as paintings and sculptures. These likewise include software and computer programs, which are explicitly recognised as copyrightable ‘literary and artistic works' under Section 172.1(n) of the IP Code. Thus, the source code, the architecture of the software and its interface are all protected by copyright. Derivative works, including compilations of data, are also copyrightable by reason of the selection, coordination or arrangement of their contents.
Under the IP Code, works are protected by the sole fact of their creation, irrespective of their:
- mode or form of expression;
- content;
- quality; and
- purpose.
As such, digital equivalents of works considered as ‘literary and artistic works' enjoy the same protection as their traditional counterparts.
As for indigenous works, Republic Act 8371 or the Indigenous Peoples Rights Act and its Implementing Rules and Regulations (Administrative Order 1, Series of 1998) acknowledge and protect the cultural and intellectual rights of indigenous cultural communities over their sciences, technologies and cultural expressions, including:
- indigenous knowledge;
- oral traditions;
- literature;
- designs; and
- visual and performing arts.
1.4 Which bilateral or multilateral instruments or treaties with effect in your jurisdiction (if any) have relevance for copyright protection?
The Philippines is a signatory to the following key treaties and agreements relating to copyright and related rights which impact recognition, enforcement and management of these rights in the country through embodiment in national legislation and/or regulation:
- the Berne Convention for the Protection of Literary and Artistic Works (acceded 1951);
- the Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations (acceded 1984);
- the Agreement on Trade-Related Aspects of Intellectual Property Rights (acceded 1994);
- the World Intellectual Property Organization (WIPO) Copyright Treaty (acceded 2002);
- the WIPO Performances and Phonograms Treaty (acceded 2002);
- the Beijing Treaty on Audiovisual Performances (acceded 2021);
- the Marrakesh Treaty to Facilitate Access to Published Works for Persons Who are Blind, Visually Impaired, or Otherwise Print Disabled (acceded 2018);
- the Agreement Between WIPO and the World Trade Organization; and
- the Association of South East Asian Nations Framework Agreement on Intellectual Property Cooperation (acceded 1995).
These agreements establish common ground for copyright protection across member states, ensuring a more harmonised and predictable system for creators and users alike.
1.5 Which bodies are responsible for implementing and enforcing the copyright regime in your jurisdiction? What is their general approach in doing so?
The implementation and enforcement of copyright laws in the Philippines involve various government agencies with specific roles and responsibilities. IPOPHL serves as the central authority responsible for formulating administrative rules and regulations related to intellectual property, including copyright. IPOPHL plays a crucial role in:
- setting the guidelines for copyright protection; and
- ensuring compliance with international treaties and obligations.
Within IPOPHL, the Bureau of Copyright and Related Rights (s) is responsible for:
- administering:
-
- the recordation of copyright works; and
- the accreditation and supervision of collective management organisations; and
- adjudicating certain disputes related to copyright infringement.
The IP Rights Enforcement Office:
- is tasked with administrative enforcement efforts to combat piracy and copyright infringement; and
- collaborates with law enforcement agencies and stakeholders to:
-
- address IP rights violations; and
- safeguard the interests of rights holders.
Administrative disputes related to copyright infringement are resolved by the Bureau of Legal Affairs within IPOPHL.
Apart from IPOPHL, the National Committee on Intellectual Property Rights (NCIPR) coordinates efforts among various government agencies to combat IP rights violations comprehensively. Key members of the NCIPR relevant to copyright enforcement include:
- the Optical Media Board, which regulates the production and distribution of optical media;
- the Bureau of Customs, which oversees the enforcement of customs regulations related to counterfeit goods; and
- the National Telecommunications Commission, which regulates the telecommunications industry and may be involved in addressing online piracy issues.
2 Copyrightabilty
2.1 What types of works qualify for copyright protection in your jurisdiction?
Pursuant to Section 172 of the IP Code, original intellectual creations in the literary and artistic domain are protected by copyright from the moment of their creation. These include:
- books, pamphlets, articles and other writings;
- periodicals and newspapers;
- lectures, sermons, addresses and dissertations prepared for oral delivery;
- letters;
- dramatic or dramatico-musical compositions;
- choreographic works or entertainment in dumb shows;
- musical compositions;
- drawings, paintings, architecture, sculptures, engravings and lithography;
- models or designs for works of art;
- original ornamental designs or models for articles of manufacture;
- illustrations, maps, plans, sketches, charts and three-dimensional works relative to geography, topography, architecture or science;
- drawings or plastic works of a scientific or technical character;
- photographic works, including works produced by a process analogous to photography;
- lantern slides;
- audiovisual works and cinematographic works and works produced by a process analogous to cinematography or any process for making audiovisual recordings; and
- pictorial illustrations and advertisements and computer programs.
Copyright protection also applies to derivative works such as:
- dramatisations, translations, adaptations, abridgements, arrangements and other alterations of literary music works;
- 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.
Derivative works are protected as new works, provided that they do not affect the existing copyright on original works.
2.2 What are the requirements for copyrightability?
Section 172 of the IP Code provides that copyrightability hinges on the concept of originality of the intellectual creations of literary and artistic domain, irrespective of their mode or form of expression.
2.3 What types of works are ineligible for copyright protection in your jurisdiction?
Pursuant to Sections 175 and 176 of the IP Code, copyright protection does not apply to:
- ideas, procedures, systems, methods, operations, concepts, principles, discoveries and mere data as such, even if they are expressed, explained, illustrated or embodied in a work;
- news of the day and other miscellaneous facts with the character of mere items of press information;
- official texts of a legislative, administrative or legal nature, as well as any official translation thereof;
- works of the Philippine government, unless there was a prior approval by the appropriate government agency; and
- statutes, rules and regulations, and speeches, lectures, sermons, addresses and dissertations, pronounced, read or rendered:
-
- in courts of justice;
- before administrative agencies;
- in deliberative assemblies; and
- in meetings of public character.
In addition, works in the public domain either through dedication or through the expiration of their copyright protection are not subject to copyright protection.
3 Scope of protection
3.1 What legal rights are conferred by copyright in your jurisdiction?
An author has both economic rights and moral rights over the copyrighted work. In particular, the author of a copyrighted work is granted the exclusive right to carry out, authorise or prevent the following:
- Reproduction: Copies of the work in physical or digital formats.
- Derivative works: Adaptations, translations, arrangements or other transformations of the original work.
- Distribution: The distribution the original or copies of the work by sale and other forms of transfer of ownership.
- Rental: The distribution of original or copies 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.
- Public display: Public displays of visual arts – such as paintings, sculptures and photographs – as well as digital displays of artistic works on websites or in exhibitions.
- Public performance: Live performances of musical compositions, theatrical productions and public screenings of audiovisual works.
- Communication: Communication of the work to the public online through websites, streaming services or other digital platforms.
3.2 Are there special rules that limit the scope of protection for works that are useful/utilitarian/functional in your jurisdiction?
The utility of a work is not a factor in copyright protection. While the IP Code does provide statutory limitations to copyright protection, these statutory fair uses – found under Sections 184 to 189 – generally pertain more to the nature or purpose of the use, as opposed to the functional nature of the work used.
3.3 Are neighbouring rights protected in your jurisdiction? If so, please outline the applicable regime.
The IP Code recognises certain neighbouring or related rights of persons or entities that are involved in making the copyrighted work available to the public through the application of substantial creative, technical or organisational skill.
Sections 203 and 204 of the IP Code recognise the rights of performers to their original performances. Performers are granted the exclusive right to authorise, among other things:
- the broadcasting or communication to the public of their performances;
- the fixation of their unfixed performances; and
- the reproduction and public distribution of their performances.
Once the performer has authorised the broadcasting or fixation of his or her performance; however, he or she will be entitled to an additional remuneration for every subsequent communication to the public or broadcast of the performance, in lieu of his or her exclusive control rights.
The exclusive rights of producers with regard to their sound recordings are protected under Section 208 of the IP Code, which include the right to authorise the reproduction and public distribution of their sound recordings. The IP Code further provides that a producer is also entitled to remuneration for the commercial publication, broadcasting, communication to the public or public performance of a sound recording or a reproduction thereof.
Lastly, Section 211 of the IP Code recognises the exclusive rights of broadcasting organisations to carry out, authorise or prevent:
- the re-broadcasting of their broadcasts;
- the fixation of their broadcasts; and
- the use and reproduction of fixations of their broadcasts.
3.4 Are moral rights protected in your jurisdiction? If so, please outline the applicable regime.
Moral rights are protected in the Philippines under Section 193 of the IP Code, focusing on the non-economic interests of authors and creators.
Moral rights confer the following on the author of a work:
- to require that the authorship of the works be attributed to him or her – in particular, the right that his or her name, as far as practicable, be indicated in a prominent way on the copies and in connection with the public use of the work;
- to make any alterations of the work prior to, or to withhold it from, publication;
- to object to any distortion, mutilation or other modification of, or other derogatory action in relation to, the work which would be prejudicial to his or her honour or reputation; and
- to restrain the use of his or her name with respect to any work not of his or her own creation or in a distorted version of his or her work.
3.5 Are any blanket exceptions to copyright infringement (eg, fair use/dealing) or specific exceptions to copyright infringement (eg, backup copies, interoperability, right of repair) available in your jurisdiction? If so, under what conditions do they apply?
Sections 184 to 189 of the IP Code exempt the following from copyright infringement owing to the nature and/or purpose of use:
- the reproduction or distribution of published articles or materials in a specialised format exclusively for the use of the blind and visually and reading impaired, provided that it:
-
- is made on a non-profit basis; and
- indicates the copyright owner and date of the original publication;
- the recitation or performance of a work lawfully made accessible to the public, if done privately and free of charge, or if made strictly for a charitable or religious institution or society;
- the reproduction or communication to the public by mass media of articles on current political, social, economic, scientific or religious topics, lectures, addresses and other works of the same nature that are delivered in public, if such uses for information purposes and has not been expressly reserved, provided that the source is clearly indicated;
- the reproduction and communication to the public of literary, scientific or artistic works as part of reports of current events by means of photography, cinematography or broadcasting, to the extent necessary for the purpose;
- recordings made in schools, universities or educational institutions of a work included in a broadcast for the use of such schools, universities or educational institutions, provided that such recording:
-
- is deleted within a reasonable period after the first broadcast; and
- is not made from audiovisual works that are part of the general cinema repertoire of feature films, except for brief excerpts of the work;
- the making of ephemeral recordings by a broadcasting organisation by means of its own facilities and for use in its own broadcast;
- the public performance or the communication to the public of a work in a place where no admission fee is charged in respect of such public performance or communication, by a club or institution for charitable or education purpose only, whose aim is not profit making;
- the public display of the original or a copy of the work not made by means of a film, slide, television image or otherwise on screen or by means of any other device or process, provided that either:
-
- the work has been published; or
- the original or the copy displayed has been sold, given away or otherwise transferred to another person by the author or his or her successor in title;
- any use made of a work for the purpose of any judicial proceedings or by a legal practitioner for the provision of professional advice;
- the making of quotations from a published work if they are compatible with fair use and only to the extent justified by the purpose, including quotations from newspaper articles and periodicals in the form of press summaries, provided that the source and the author's name, if appearing on the work, are mentioned;
- the inclusion of a work in a publication, broadcast or other communication to the public, sound recording, or film, if it is made by way of illustration for purposes of teaching and is compatible with fair use, provided that the source and the author's name, if appearing on the work, are mentioned; and
- use made by or under the direction or control of the government, by the National Library or by educational, scientific or professional institutions, where such use is:
-
- in the public interest; and
- compatible with fair use.
Ultimately, the statutory limitations provided by the IP Code will be interpreted in a way that allows the work to be used without:
- conflicting with the normal exploitation of the work; or
- unreasonably prejudicing the rights holder's legitimate interests.
Section 185 of the IP Code also recognises general fair use as an exception to copyright infringement. Thus, the use of a copyrighted work for the following is considered fair use and does not violate copyright protection:
- criticism;
- comment;
- news;
- reporting;
- teaching (including multiple copies for classroom use);
- scholarship;
- research; and
- similar purposes.
Decompilation, or the reproduction of the code and translation of the forms of computer programs to achieve interoperability with other programs, may also constitute fair use.
What constitutes ‘fair use' of a copyrighted work varies from case to case based on the following factors:
- the purpose and character of the use, including whether such use is commercial in nature or for non-profit educational purposes;
- the nature of the copyrighted work;
- the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
- the effect of such use on the potential market for or value of the copyrighted work.
3.6 How are derivative works protected in your jurisdiction? Who is the owner of a derivative work?
Derivative works are protected as new works but only to the extent that they do not:
- affect subsisting copyright in the original work;
- imply any right to the original work; or
- extend copyright in the original work.
The copyright owner in a derivative work is typically the author or creator who exercised creative effort in transforming or adapting the original work into a new form. This authorship should involve substantial changes or additions to the original work, resulting in a new and distinct creative expression.
3.7 Can copyrightable works also be protected by other IP rights (eg, trademarks and designs) in your jurisdiction?
Copyrightable works can also be protected by other forms of IP rights, such as trademarks and industrial designs. These rights protect different aspects of a work and are not mutually exclusive – the IP Code specifically grants copyright protection to original ornamental designs or models for manufacture, whether or not registrable as an industrial design.
To illustrate, a figurative logo is protected by copyright as an artistic work and by trademark as a sign capable of distinguishing the enterprise of its owner. Notably, ownership of either right does not necessarily fall upon the same person or entity. Copyright ownership automatically falls upon the creator unless there is an agreement to the contrary. Trademark rights, on the other hand, are granted to the person that is first to register the mark in the Philippines in good faith.
4 Duration, publication and renewal
4.1 When does copyright protection in a work begin and end in your jurisdiction? Are there any proactive maintenance or other requirements to benefit from a full term of protection?
In the Philippines, original intellectual creations of literary and artistic domain are protected from the moment of their creation. Unlike trademarks and inventions, there are no maintenance requirements to ensure the full term of copyright protection. In fact, recordation and deposit of a work with the Philippine Intellectual Property Office (IPOPHL) Bureau of Copyright and Related Rights (BCRR) or the National Library do not carry with them the presumption of ownership; nor are they prerequisites for a claim of copyright infringement.
The duration of copyright protection in the Philippines varies depending on the type of work involved. They may be summarised as follows:
Works | Copyright protection |
---|---|
Artistic, literary and derivative works, including posthumous works | Lifetime of the author plus 50 years after the author's death (Section 213.1 of the IP Code). In the case of joint authorship, the economic rights will be protected during the lifetime of the last surviving author plus 50 years after such author's death (Section 213.2 of the IP Code). |
Anonymous or pseudonymous works | 50 years from the date on which the work was first lawfully published. If the work is un-published, 50 years counted from the date of creation (Section 213.3 of the IP Code). |
Works of applied art | 25 years from the date of its creation (Section 213.4 of the IP Code). |
Photographic works | 50 years from the date of publication. If the work is un-published, 50 years counted from the date of creation (Section 213.5 of the IP Code). |
Audiovisual works | 50 years from the date of publication. If the work is un-published, 50 years counted from the date of creation (Section 213.6 of the IP Code). |
Performances not incorporated in recordings | 50 years from the end of the year in which the performance took place (Section 215 of the IP Code). |
Sound or image and sound recordings and performances incorporated therein | 50 years from the end of the year in which the recording took place (Section 215 of the IP Code). |
Broadcasts | 20 years from the date on which the broadcast took place (Section 215.2 of the IP Code). |
4.2 What is required for a work to be published in your jurisdiction?
There is no specific legal requirement or formal process for a work to be published. As defined under the IP Code, ‘published works' refers to those which, with the consent of the author(s), were made available to the public by wire or wireless means in such a way that members of the public may access them from a place and time individually chosen by them, provided that the availability of such copies satisfy the reasonable requirements of the public, having regard to the nature of the work.
Based on Article 3(3) of the Berne Convention, the expression ‘published works' refers to "works published with the consent of their authors, whatever may be the means of manufacture of the copies, provided that the availability of such copies has been such as to satisfy the reasonable requirements of the public, having regard to the nature of the work". However, the following will not constitute publication:
- the performance of a dramatic, dramatico-musical, cinematographic or musical work;
- the public recitation of a literary work;
- the communication by wire or the broadcasting of literary or artistic works;
- the exhibition of a work of art; or
- the construction of a work of architecture.
The foregoing considered, lawful publication in terms of copyright protection requires:
- the consent of the author; and
- some form of reproduction and public distribution of the work.
Although the IP Code does not discuss what constitutes the ‘public' in relation to ‘published works', we may apply by analogy the definition found in Section 171.6 for ‘public performance'. Based on this provision, the ‘public' is defined as "persons outside the normal circle of a family and that family's closest social acquaintances".
4.3 Can copyright protection be renewed or extended in your jurisdiction? If so, how?
In the Philippines, copyright protection cannot be renewed or extended beyond the duration specified by law. Once the copyright term expires, the work enters the public domain, where it can be freely used, reproduced and distributed by anyone without the need for permission from the copyright owner.
5 Ownership
5.1 Who can qualify as the owner of a copyrighted work in your jurisdiction? Are there any provisions that deem an owner to be a person other than the author?
The owner of a copyrighted literary or artistic work is the author or creator of the work. The term ‘author' refers to the natural person who created the work.
The following rules apply copyright ownership under the IP Code:
- Works created in the course of employment: Copyright:
-
- belongs to the employee if the work is not part of his or her regular duties, even if the employee used the time, facilities and materials of the employer; and
- belongs to the employer if the work is a result of the performance of the employee's regularly assigned duties, unless there is an agreement to the contrary.
- Commissioned works: The person that commissioned the work owns the work but the copyright will remain with the creator unless there is written stipulation to the contrary.
- Audiovisual works: The copyright will belong to:
-
- the producer;
- the author of the scenario;
- the composer of the music;
- the film director; and
- the author of the work so adapted.
5.2 Is corporate, joint or collective ownership of copyrighted works recognised in your jurisdiction? If so, in what circumstances?
Corporate, joint and collective ownership of copyrighted works are recognised in the Philippines:
- Corporate ownership: Corporate ownership of copyrighted works occurs when a work is created by an employee within the scope of his or her regularly assigned duties. In such case, the copyright belongs to the employer unless there is an agreement to the contrary. Additionally, original copyright ownership can pass to a corporate entity through assignment or other forms of transfer.
- Joint authorship: Where a work is created collaboratively by two or more authors, their rights will be governed by the rule on co-ownership. If a work of joint authorship consists of parts that can be used separately and the author of each part can be identified, the author of each part will be the original owner of the copyright.
- Collective ownership: Under the Indigenous Peoples Rights Act, indigenous peoples have the right to practise and revitalise their own cultural traditions and customs as part of their ‘community intellectual rights'. Indigenous peoples collectively own, control, develop and protect the past, present and future manifestations of their:
-
- cultures;
- sciences and technologies;
- languages, scripts and oral traditions; and
- teaching and learning systems.
- There is a common understanding that the intellectual property of indigenous peoples is communally owned by them.
5.3 Can ownership of a copyrighted work be transferred in your jurisdiction? If so, how? Are any copyrights, moral rights, neighbouring or related rights inalienable? If so, how can such rights be dealt with (eg, exclusive licence, waivers)?
Copyright may be assigned or licensed in whole or in part by written indication. This may be in the form of a duly notarised document indicating the transfer of copyright ownership, such as:
- a waiver;
- a deed of assignment;
- a publishing agreement; or
- an affidavit of heirship.
Within the scope of the assignment or licence, the assignee or licensee becomes entitled to all rights and remedies which the assignor or licensor had with respect to his or her economic rights. However, the granting of specific rights does not amount to a complete assignment of copyright. Although the assignee or licensee receives certain rights encompassed within the copyright and is considered the rightful owner of those specific rights, the assignor or licensor retains ownership of any unassigned rights.
Moral rights, however, may not be assigned or licensed. At most, moral rights may be waived, except:
- where such waiver permits another to use the author's name, the title of their work, or the author's reputation with respect to any version or adaptation of the work which, because of the alterations therein, would substantially tend to injure the literary or artistic reputation of another author; or
- where the author's name is used with respect to a work that he or she did not create.
5.4 Where a work is created by an employee, what are the rules regarding ownership? What measures can an employer take to secure its rights to intellectual property created under an employment relationship?
Section 178.3 of the IP Code stipulates that the copyright in works created by an employee within the scope of his or her employment duties belongs to the employer, except where there is an agreement that the copyright will belong to the employee.
Employers can secure their rights to intellectual property created by employees through written agreements or contracts. An employment contract or agreement may include provisions:
- specifying the ownership of IP rights; and
- clarifying the employer's rights to works created by the employee during the course of their employment, whether or not the work is part of his or her regular duties.
In practice, contracts also include a provision for the subsequent execution of required documents such as copyright assignment and waiver of moral rights by the employee upon request of the employer. Such documents are then submitted to the Philippine Intellectual Property Office Bureau of Copyright and Related Rights as part of the requirements for the registration and deposit of the copyrighted work.
5.5 Where a work is created by a contractor, what are the rules regarding ownership? What measures can a hiring party take to secure its rights to intellectual property created under a contracting relationship?
In the Philippines, the rules on ownership of intellectual property created by a contractor are primarily determined by contractual agreement between the client and the contractor. As a default, the IP Code provides that the client will own the work separate from its copyright, which will be owned by the contractor, unless there is a contrary agreement.
Therefore, any contract involving the creation of copyrightable work should clearly specify the ownership rights to the work, including copyright ownership. To avoid future conflicts, the contract should also include a waiver of all moral rights of the contractor in the work, as much as may be allowed by law.
6 Registration
6.1 Is there a copyright registration system in your jurisdiction? If so, is registration mandatory?
As a party to the Berne Convention, the Philippines adheres to Article 5, which does away with registration as a prerequisite for the protection of works created by nationals of contracting states. Therefore, copyright registration is not a mandatory requirement for the protection of a copyrighted work in the Philippines. Works are protected from the moment of their creation.
Nonetheless, copyright registrations may be filed with either:
- the National Library of the Philippines (NLP); or
- the Philippine Intellectual Property Office (IPOPHL) Bureau of Copyright and Related Rights (BCRR).
Since both agencies maintain separate registries, a work can be registered in any or both of them. Copyright registration with the BCCR or the NLP, however, does not carry with it a presumption of ownership; nor is it required to claim copyright infringement. It merely:
- puts on official records the registrant's claim of ownership over the work; and
- puts others on notice of such a claim.
6.2 What are the advantages of registration?
It is recommended for the creator/author to register the copyright over an original work to establish a public record of his or her copyright claim. Although registration does not raise a presumption of copyright ownership, it may still be used as leverage against potential copyright claimants in the Philippines. Copyright registration also places the applicant in a more secure position to negotiate with third-party individuals or entities regarding the publication/republication of his or her works.
6.3 What legal presumptions, rights and entitlements are conferred by copyright registration?
No rights and entitlements are conferred by copyright registration. It merely:
- operates to put on official record a registrant's claim of ownership over the work; and
- puts third parties on notice of such a claim, which is important for purposes of recovering damages for infringement.
6.4 What are the formal, procedural and substantive requirements for registration?
The process for registration depends on whether the application is filed with the NLP or the BCRR.
To file an application with the BCRR, the following must be submitted to copyright_registration@ipophil.gov.ph:
- a duly completed registration and deposit form;
- the original or a certified true copy of the ownership document – such as a deed of assignment, waiver of copyright ownership or will – transferring the copyright;
- proof of authority of the applicant, such as:
-
- a special power of attorney if the applicant represents a natural person; or
- a board resolution if the applicant represents a juridical person;
- identification documents such as:
-
- a valid government ID if the owner is natural person; or
- a certificate of registration with the Securities and Exchange Commission or business name registration with the Department of Trade and Industry if the owner is a legal person;
- an electronic copy submitted in an approved storage medium of the work; and
- payment of the copyright registration/recordation application filing fee.
To register the work with the NLP, the following must be submitted:
- a duly completed application form and notarised affidavit stating that the affiant claims ownership of the copyright in the original work:
-
- as its author;
- by assignment; or
- by inheritance from the author thereof;
- the final printed work, either ring-bound or soft-bound;
- documentary stamps worth PHP 35 each;
- a duly notarised document indicating the transfer of copyright ownership such as:
-
- a waiver;
- a deed of assignment;
- a publishing agreement;
- an affidavit of heirship; or
- other similar documents;
- a photocopy of the applicant's registration with:
-
- the Department of Trade and Industry; or
- the Securities and Exchange Commission; and
- payment of the application fee.
6.5 What fees does the governing body charge for registration? Do these vary depending on the type of work?
For applications filed with the BCRR, the assessed filing fee will depend on:
- the size of the entity; and
- whether the same was filed within or outside the National Capital Region (NCR).
For NCR applications, the BCRR charges per application:
- PHP 635 for big entities; and
- PHP 460 for small entities.
For applications outside the NCR through IPOPHL satellite offices, the application fee is:
- PHP 760 for big entities; and
- PHP 560 for small entities.
Each application will cover only one work. IPOPHL, however, accepts bulk registrations covering not less than 10 works at a discounted fee of PHP 210 per application, provided that all works:
- fall under the same category; and
- are created by the same author or joint authors.
If the application is filed with the NLP, the filing fee is fixed at PHP 200.
6.6 Can copyright registration be refused? If so, on what grounds and what is the impact of refusal?
An application for copyright registration may be denied by the BCRR director based on the following grounds:
- The work does not fit within the statutorily defined categories of a ‘work' under the IP Code; or
- The work is the subject of a prior registration.
6.7 If copyright registration is refused, can the applicant appeal? If so, how?
Under IPOPHL Memorandum Circular 2020-040, in relation to IPOPHL Memorandum Circular 2020-025, a decision of the BCRR director to deny the application for copyright registration can be appealed to the director general. The appeal may be taken by filing an appeal memorandum within 30 days of notice of a decision or final order appealed from. The appeal should be submitted to odgappeals@ipophil.gov.ph.
Upon proper motion citing meritorious reasons and the payment of the full amount of appeal fee, the Office of the Director General may grant an additional period of 15 days within which to file the appeal.
6.8 Can the reviewing body's decision be appealed? If so, how?
The decision of the director general becomes final and executory 15 days after receipt of a copy thereof by the parties, unless appealed to the Court of Appeals in case of appeals of decisions or final orders of the BCRR. No motion for reconsideration of the decision or order of the director general is allowed.
7 Enforcement and remedies
7.1 What constitutes copyright infringement in your jurisdiction?
Under Philippine law, copyright infringement occurs when a person:
- directly commits an infringement (ie, violates an economic right of a copyright owner or of the owners of related rights);
- benefits from the infringing activity of another person that commits an infringement, if the person benefiting:
-
- has been given notice of the infringing activity; and
- has the right and ability to control the activities of the other person; and
- with knowledge of the infringing activity, induces, causes or materially contributes to the infringing conduct of another.
7.2 Is secondary liability for copyright infringement recognised in your jurisdiction? If so, how is it incurred? Are safe harbours afforded to intermediaries or others? If so, what are the requirements for such safe harbours to apply?
Secondary liability applies to:
- a person that benefits from the infringing activity of another where the person benefiting:
-
- has been given notice of the infringing activity; and
- has the right and ability to control the activities of the other person; or
- any person that, with knowledge of the infringing activity, induces, causes or materially contributes to the infringing conduct of another.
Secondary liability is also incurred by a person that, at the time when copyright subsists in a work, has in its possession an article which it knows, or ought to know, to be an infringing copy of the work for the following purposes:
- selling or letting for hire, or by way of trade offering or exposing for sale or hire, the work;
- distributing the work for the purpose of trade or for any other purpose to an extent that will prejudice the rights of the copyright owner in the work; or
- exhibiting the article in public for trade purposes.
In addition:
- the Electronic Commerce Act of 2000 prescribes grounds for liability of service providers;
- the Cybercrime Prevention Act addresses the role of internet service providers (ISPs) in aiding local law enforcement agencies in collecting, preserving and disclosing computer data transmitted to the ISPs to be used as evidence; and
- the Internet Transactions Act of 2023 provides that e-retailers, online merchants, e-marketplaces and digital platforms are primarily liable for indemnifying online consumers in civil actions or administrative complaints arising from internet transactions.
7.3 Is criminal enforcement of copyright law possible in your jurisdiction?
The IP Code allows the institution of criminal actions for violations of copyright law. Under the IP Code, any person infringing any copyright or related right, or aiding or abetting such infringement, will be guilty of a crime punishable by:
- imprisonment for one to three years plus a fine ranging from PHP 50,000 to PHP 150,000 for the first offence;
- imprisonment for three years and one day to six years plus a fine ranging from PHP 150,000 to PHP 500,000 for a second offence;
- imprisonment for six years and one day to nine years plus a fine ranging from PHP 500,000 to PHP 1.5 million for third and subsequent offences; and
- in all cases, subsidiary imprisonment in case of insolvency.
In determining the number of years' imprisonment and the amount of fine, the court will consider:
- the value 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.
Nonetheless, the respective maximum penalty provided under law for the first, second, third and subsequent offences will be imposed where the infringement involves the following acts:
- the circumvention of effective technological measures;
- the removal or alteration of any electronic rights management information from a copy of a work, sound recording or fixation of a performance by a person knowingly and without authority; or
- the distribution, importation for distribution, broadcast or communication to the public of works or copies of works by a person without authority, knowing that electronic rights management information has been removed or altered without authority.
Notably, pending bills for the amendment of the IP Code have proposed higher criminal penalties for copyright infringement. The terms of imprisonment may be potentially increased to:
- six years for the first offence;
- seven years for the second offence; and
- 12 years for the third and subsequent offences.
Fines may be potentially increased to:
- PHP 300,000 for the first offence;
- PHP 1 million for the second offence; and
- PHP 3 million for the third and subsequent offences.
7.4 What is the statute of limitations for copyright infringement?
Copyright infringement may be criminal or civil in nature.
The IP Code does not expressly provide a prescriptive period for criminal copyright infringement actions. However, Section 1 of Act 3326, which establishes the prescriptive periods for violations penalised by special acts, provides for the following periods:
- four years for those punished by imprisonment for more than one month but less than two years;
- eight years for those punished by imprisonment for two years or more but less than six years; and
- 12 years for any other offence punished by imprisonment for six years or more.
Prescription begins to run:
- from the date of commission of the infringement; or
- if this is not known at the time, from:
-
- the discovery thereof; and
- the institution of judicial proceedings for its investigation and punishment.
With respect to civil copyright infringement, the IP Code mandates that no damages may be recovered under the IP Code after four years from the time the cause of action arose.
7.5 Who has standing to bring copyright claims?
Generally, only the owner of a copyright has the right to bring an action against the person that commits the infringement. However, where economic rights are assigned or licensed, the assignee or licensee is entitled to all rights and remedies which the assignor or licensor had with respect to the copyright. Thus, the assignee or licensee may bring a copyright claim if the right is included in the scope of the assignment or licence.
7.6 What is the procedure for pursuing claims for copyright infringement, including usual timeframes for resolution? Are there any streamlined administrative procedures for handling disputes?
A copyright owner may opt to file an administrative, civil and/or criminal copyright infringement action. The administrative action is filed with the Philippine Intellectual Property Office (IPOPHL) Bureau of Legal Affairs (BLA). The criminal case is filed in the regional trial court designated as a special commercial court situated at the place where the violation occurred, provided that probable cause is found. The civil case is filed in the appropriate regional trial court where the defendant or the plaintiff resides, at the option of the plaintiff.
The steps and length of the proceedings depend on the type of action involved. In general, criminal actions are more complex, costly and time-consuming. Since criminal complaints must first establish probable cause before the case is actually filed with the courts, it may take five to 10 years from filing of the complaint before a decision is issued by the trial court. In contrast, administrative proceedings at the BLA do not require a finding of probable cause and may be resolved within two to three years from filing, excluding any appeals to higher bodies.
It is generally recommended that an administrative action be pursued over a civil and/or criminal action as the former requires lesser quantum of evidence, in contrast to the more technical and stringent requirements for civil and/or criminal cases. However, since a criminal action imposes the severe penalty of imprisonment and is more costly to prosecute for the parties, it has more teeth to compel the infringer to settle or comply with the claimant's demands.
7.7 What fees and costs are usually incurred in infringement actions?
IP violation cases for copyright infringement may be filed as either:
- administrative cases with the BLA; or
- civil and/or criminal cases before the regular courts.
IP violation complaint: The filing fees associated with prosecuting an infringement complaint before IPOPHL depend on whether the complainant is a small entity or a big entity. A small entity complainant has assets worth PHP 100 million or less while a big entity complainant has assets over PHP 100 million.
The basic filing fees for an IP violation complaint are:
- PHP 15,000 for small entities; and
- PHP 19,200 for big entities.
An additional filing fee equivalent to one-tenth of 1% of the damages claimed must be paid if the damages claimed in the complaint, permissive counterclaim/crossclaim exceed PHP 500,000. In addition, the estimated costs for legal representation and related expenses may range from $35,000 to $50,000.
Civil case before the regular courts: The filing of a civil action for violation of IP laws requires the payment of filing and docket fees equivalent to approximately 2% of the total amount of the claims (eg, actual damages, consequential damages, moral damages, exemplary damages, attorneys' fees and expenses of litigation). In addition, the estimated costs for legal representation and related expenses may range from $45,000 to $70,000.
Criminal case before the regular courts: A criminal action for violation of IP laws may be instituted with the Department of Justice or the Office of the Prosecutor by paying PHP 5,000 as a basic filing fee. In addition, the estimated costs of legal representation and related expenses may range from $50,000 to $100,000.
7.8 What typical defences are available to a defendant in copyright litigation?
The following may be raised as defences to a claim of copyright infringement:
- The work was independently created and not copied (Sections 172 to 173 of the IP Code);
- The work is in the public domain by means of dedication or expiration of the term of protection (Sections 213 to 215 of the IP Code);
- The work is not protected under copyright (Sections 175 to 176 of the IP Code);
- The use of the work was made pursuant to a valid copyright assignment or licence agreement in place (Sections 180 to 183 of the IP Code);
- The act falls under the statutory fair use provisions (Sections 184 to 189 of the IP Code);
- The act falls under general fair use (Section 185 of the IP Code); or
- A prescription of action applies.
7.9 What civil and criminal remedies are available against copyright infringement in your jurisdiction? Are customs enforcement measures available to halt the import or export of infringing works?
Under IPOPHL Memorandum Circular 2023-025 or the Site Blocking Rules, a copyright owner or holder may file a verified complaint with the IP Rights Enforcement Office, which may include an application for the issuance of a request to an ISP to block or disable access to pirate websites.
An infringement action can be raised as:
- an administrative IP violation case; or
- a civil and/or criminal infringement case.
Regardless of the type of action, the following remedies are available to the copyright owner:
- an injunction restraining the infringement, including prevention of the entry into the country of imported infringing goods;
- payment of:
-
- actual damages incurred due to the infringement; and
- the profits that the infringer may have made due to such infringement;
- delivery under oath, for impounding during the pendency of the action, of:
-
- documents evidencing sales;
- all articles and their packaging alleged to infringe copyright; and
- implements for making them;
- delivery under oath for destruction without compensation of:
-
- all infringing copies or devices; and
- all plates, moulds and other means for making such infringing copies as the court may order;
- such other terms and conditions – including the payment of moral and exemplary damages – which the court may deem proper, wise and equitable; and
- the destruction of infringing copies of the work, even in the event of acquittal in a criminal case.
Specific to administrative actions, a copyright owner can also obtain the following remedies:
- a cease and desist order;
- acceptance of a voluntary assurance of compliance or discontinuance;
- condemnation or seizure of products which are subject of the offence;
- forfeiture of paraphernalia and all real and personal properties which have been used in the commission of the offence;
- administrative fines in such amount as deemed reasonable by the BLA director, but not less than PHP 5,000 or more than PHP 150,000;
- withholding or cancellation of any permit, licence, authority or registration which is being secured or may have been granted by IPOPHL;
- assessment and award of damages;
- censure; and
- other analogous sanctions.
In addition, the copyright owner may avail of remedies under the following laws, rules and regulations.
Cybercrime Prevention Act Violation: Pursuant to the Cybercrime Prevention Act of 2012 – which penalises crimes committed by, through and with the use of information and communications technologies – requests for investigation may be filed with:
- the Cybercrime Division of the NBI; or
- the Anti-cybercrime Group of the Philippines National Police (PNP).
The NBI and PNP, upon receipt of the action, may conduct an initial investigation of cybercrime and secure search warrants for the infringing materials.
The PNP or NBI may further conduct police operations or entrapment and refer the case to the Office of the City Prosecutor, under the jurisdiction of the Department of Justice (DOJ), upon obtaining sufficient evidence for the filing of information against the infringers.
The DOJ may:
- issue preservation requests, mandating service providers to keep, preserve and maintain the integrity of the computer data subject thereof;
- conduct mobile forensic examination (digital forensic analysis of mobile phones that are the subject of a warrant to search, seize and examine computer data);
- facilitate mutual legal assistance requests, drafting action documents to initiate requests for cooperation with foreign counterparts and vice versa; and
- issue advisory legal opinions on matters relating to cybercrime and electronic evidence.
Crimes penalised under the Cybercrime Prevention Act will be subject to a penalty one degree higher than those provided by:
- the Revised Penal Code, as amended; and
- special laws, as the case may be.
Internet Transactions Act violations: The Internet Transactions Act of 2023 imposes subsidiary liability on digital platforms if they fail, after notice, to act expeditiously to remove or disable access to goods or services that infringe another's IP rights (Section 26(b)). An aggrieved party must first avail of the internal redress mechanism of the digital platform prior to:
- filing a complaint before any court or appropriate government agency; or
- resorting to alternative dispute resolution.
This mechanism is deemed exhausted if the complaint remains unresolved after seven calendar days from filing.
Takedown policies: Certain video-sharing websites and social media platforms have takedown policies against videos and contents infringing on the copyright and other IP rights of holders. For instance, infringing works uploaded to YouTube can be removed by filing a copyright removal request with the platform itself. Similarly, for Facebook and Instagram, a copyright report form for infringement may be submitted against infringing materials on these sites.
Bureau of Customs (BOC) recordal: The BOC has issued Customs Administrative Order 6-2002 and 9-2008, which prohibit the entry into the country of pirate copies or likenesses of any work, whether published or not, in which copyright subsists.
The BOC is mandated to maintain a registry where IP holders may record their IP rights, on the basis of which the BOC will monitor and inspect suspect imports to determine whether they are liable to seizure and forfeiture pursuant to law. Thus, the recordal of IP rights with the BOC will facilitate the IPRD's monitoring of potentially infringing imports into the country.
7.10 Are damages available for copyright infringement? Are statutory damages available, and if so, in what ranges? What factors will the court consider in determining the quantum of damages?
In an infringement action, the copyright owner can be granted:
- the actual damages, including legal costs and other expenses, as they may have incurred due to the infringement; and
- the profits that the infringer may have made due to such infringement.
In proving such profits, the plaintiff need only prove sales; while the defendant must prove every element of cost which it claims.
The amount of damages will be doubled against any person that:
- circumvents effective technological measures; or
- having reasonable grounds to know that this will induce, enable, facilitate or conceal the infringement:
-
- removes or alters any electronic rights management information from a copy of a work, sound recording or fixation of a performance; or
- distributes, imports for distribution, broadcasts or communicates to the public works or copies of works without authority, knowing that electronic rights management information has been removed or altered without authority.
At any time before final judgment is rendered, the copyright owner may also elect to recover statutory damages in a sum equivalent to the filing fee of the infringement action, but not less than PHP 50,000 in lieu of actual damages and profits. In awarding statutory damages, the court may consider:
- the nature and purpose of the infringing act;
- the flagrancy of the infringement;
- whether the defendant acted in bad faith;
- the need for deterrence;
- any loss that the plaintiff has suffered or is likely to suffer by reason of the infringement; and
- any benefit shown to have accrued to the defendant by reason of the infringement.
However, if the infringer was not aware and had no reason to believe that its acts constituted an infringement of copyright, the court in its discretion may reduce the award of statutory damages to a sum of not more than PHP 10,000.
7.11 What is the procedure for appealing a decision in copyright litigation?
Final orders or decisions of the BLA director in IP violation cases may be appealed to the Office of the Director General of the IPOPHL within 30 days of notice of the decision or final order appealed from. The decision or order of the director general of the IPOPHL may be appealed to the Court of Appeals via a petition for review under Rule 43 of the Rules of Court within 15 days of receipt of a copy thereof; and then to the Supreme Court through a petition for review on certiorari under Rule 45 within 15 days.
For cases filed with the regular courts, the decision of the trial court in a civil case may be appealed to the Court of Appeals on questions of facts and law via a petition for review under Rule 42 of the Rules of Court within 15 days of notice of the decision sought to be reviewed. Decisions in criminal cases may be appealed to the Court of Appeals within 15 days of notice via a notice of appeal filed with the trial court pursuant to Rule 122 of the Rules of Court.
7.12 Do any special enforcement regimes apply to specific types of works (eg, digital and online content) in your jurisdiction?
The IP Code does not have a specific provision on digital infringement but the general provisions on copyright infringement are sufficiently broad as to apply to online copyright infringement cases.
However, laws such as the Electronic Commerce Act of 2000, the Cybercrime Prevention Act of 2012 and the Internet Transactions Act of 2023 have been enacted to boost protection measures against piracy and infringements committed in the digital space. Rules on voluntary administrative site blocking have also been promulgated by IPOPHL, in partnership with the National Telecommunications Commission (NTC), as a bid to protect not just online users but also the broader digital ecosystem from online threats and illegal activities. To effectively implement these rules, IPOPHL has signed partnership agreements with ISPs whereby ISPs commit to willingly block sites directly upon IPOPHL's request issued after a determination of violation, thereby streamlining the current process which requires the involvement of the NTC, the agency that primarily regulates ISPs.
7.13 What measures can copyright owners take to help prevent infringement of their rights in your jurisdiction?
Owners may take the following precautions to generate evidence that they have authored a work at a particular point in time:
- The IP Code provides the option to deposit and/or register original works for a fee with:
-
- IPOPHL's Bureau of Copyright and Related Rights;
- the National Library of the Philippines; and
- the Supreme Court library (for works in the field of law).
- Registration provides evidence of the existence of a valid claim to copyright protection.
- Original works may also be marked with specific standard identification numbering systems, such as:
-
- the International Standard Book Number for books;
- the International Standard Recording Code for sound recordings;
- the International Standard Music Number for printed music publications;
- the International Standard Musical Work Code for musical works of the kind which are within repertories mostly controlled by collective management organisations (CMOs); and
- the International Standard Audiovisual Number for audiovisual works.
- A rights holder may record its IP rights with the BOC. By virtue of such recordal, the BOC will monitor all imports and may issue alert or hold orders against any importation suspected to contain goods or works infringing upon the rights of the owner.
- Authors and copyright owners are encouraged to work with IPOPHL-accredited CMOs, which are more capable of:
-
- effectively monitoring the commercial use of works;
- enforcing copyright licences; and
- facilitating fair compensation for creators.
- Copyright owners should proactively engage in:
-
- independently monitoring of their intellectual property, especially in online spaces, either by themselves or through third-party service providers; and
- actively making use of the IP policies and facilities of e-commerce and social media platforms.
8 Licensing
8.1 What types of copyright licences are available in your jurisdiction?
The copyright in a work may be licensed in whole or in part. Any exclusivity in the economic rights in a work may be exclusively licensed; and within the scope of the exclusive licence, the licensee is entitled to all the rights and remedies which the licensor had with respect to the copyright. Although not specifically provided for in the IP Code, the following are some of the copyright-related licences recognised in the Philippines:
- Public performance licence: Grants the right to play, sing or perform a copyrighted work either directly or through any device or process.
- Modification/adaptation licence: Grants the right to modify or adapt a song.
- Reproduction licence (or mechanical/synchronisation licence): Grants the right to record a song.
- Synchronisation licence: Grants the right to use a song in an audiovisual format.
- Master licence: Grants the right to use a sound recording.
- Creative Commons (CC) licences: Provides a flexible range of protections and freedoms with regard to copyrighted works. Some CC licence options include the following:
-
- CC-BY (attribution): Enables others to distribute, remix, adapt and build upon the material in any medium or format, as long as attribution is given to the creator.
- CC BY-SA (attribution-sharealike): Allows others to distribute, remix and build upon the work, even commercially, as long as they credit the original creator and license their new creations under the identical terms.
- CC BY-NC (attribution-non-commercial): Enables others to distribute, remix, adapt and build upon the material in any medium or format for non-commercial purposes only, and only as long as attribution is given to the creator.
- CC BY-ND (attribution-no-derivatives): Allows others to distribute the work, without changes, as long as they credit the original creator.
- Publishing agreement: An agreement for the right to publish literary works in other formats, including as an audiobook or as an electronic book.
- Image licence agreement: An agreement granting another party a licence to reproduce or publicly display a photograph, graphic design, illustration or other still image for specified purposes.
- Programme licence agreement: An agreement granting the right to distribute an audiovisual programme on television and by free video-on-demand on digital streaming platforms.
- Website content licence agreement: An agreement granting a party a licence to provide the other party's content on its website.
While not required, the Revised Rules on Copyright Registration encourage an author or licensee to apply for the recordation of a copyright exclusive licence. Recordation:
- allows an owner or licensee to index into the public records changes in ownership of the creative work; and
- informs interested parties as to who has rights over a particular work.
In addition, where a copyright licence involves the transfer of systematic knowledge, it may also be considered a technology transfer arrangement (TTA) within the definition of the IP Code. A TTA that conforms to Sections 87 and 88 of the IP Code need not be registered with the Documentation, Information, and Technology Transfer Bureau (DITTB) of the Philippine Intellectual Property Office (IPOPHL). However, non-conformance will automatically render the TTA unenforceable, unless:
- an application for exemption is filed and granted by the DITTB; and
- the TTA is approved and registered with the DITTB.
8.2 What terms do licences typically include (both express and/or implied licences)?
In general, parties are free to stipulate the terms of voluntary licence contracts, provided that they are not contrary to law, morals or public policy. For practical purposes, however, certain provisions should be included in copyright licences – specifically, the extent of the licence granted. Since economic rights are distinct and separable from each other, the licence should indicate the specific rights granted to the licensee and the limitations thereto.
Additionally, copyright licences that fall under the definition of TTAs must include the following mandatory provisions listed under Section 88 of the IP Code:
- The laws of the Philippines will govern the interpretation of the same and, in the event of litigation, the venue will be the proper court in the place where the licensee has its principal office.
- Continued access to improvements in techniques and processes related to the technology will be made available during the period of the TTA.
- If the TTA provides for arbitration:
-
- the Procedure of Arbitration of the Arbitration Law of the Philippines or the Arbitration Rules of the United Nations Commission on International Trade Law or the Rules of Conciliation and Arbitration of the International Chamber of Commerce will apply; and
- the venue of arbitration will be the Philippines or any neutral country.
- The Philippine taxes on all payments relating to the TTA will be borne by the licensor.
8.3 Does your jurisdiction have collective management regimes for copyrights or other subject matter? If so, how does collective administration generally operate and who are the key players?
Section 183 of the IP Code allows the owners of copyright and related rights, or their heirs, to designate a society of artists, writers, composers and other rights holders – commonly referred to as a collective management organisation (CMO) – to collectively manage their economic and moral rights on their behalf. Such CMOs must be properly accredited by IPOPHL in order to enforce the rights of their members.
Below are some of the CMOs accredited by IPOPHL to administer and enforce the rights of their members:
- The Filipino Society of Composers, Authors and Publishers, Inc undertakes collective rights management for public performances and use of songs in television and radio broadcast and movies.
- The Filipino Visual Arts and Design Rights Organisation is the recognised CMO for Philippine visual arts and design.
- The Performing Rights Society of the Philippines acts as the collecting society of performers (eg, actors, musicians, dancers) whose works are used for commercial broadcast and other ways of communication to the public to gain profit.
- Philippines Recorded Music Rights Inc (PRM) represents producers and performers of sound recordings.
- Independent Music Producers of the Philippines represents members that own or control the rights in sound recordings in the Philippines. The single equitable remuneration granted to performers and producers of sound recordings is jointly exercised with the PRM.
- The Sound Recording Rights Society, Inc is certified as the CMO representing record labels and producers in the Philippines.
8.4 Are compulsory licences recognised in your jurisdiction, including with respect to digital/online intermediaries? If so, what types are available and what are their key features?
Under the IP Code, the Philippines will, through proper compliance with the requirements set forth under the Appendix of the Berne Convention (Paris Act, 1971), avail itself of the special provisions regarding developing countries, including provisions for licences grantable by a competent authority under the appendix. Pursuant to this, developing countries are authorised to issue compulsory licences for the translation and reproduction of works in certain cases, in connection with educational activities. The described use is allowed without the authorisation of the rights holder, subject to the payment of remuneration as may be fixed by the law.
8.5 Is there a formal system for establishing collective management tariffs? If so, please describe the framework for negotiating and establishing tariffs.
Currently, there is no formal system for negotiating and establishing collective management tariffs. However, entities seeking to be accredited as CMOs must submit to the Bureau of Copyright and Related Rights a business/operations manual (including published tariffs/rates per category and distribution rules) as part of the pre-qualification documents for accreditation.
8.6 Can or must copyright licences be officially recorded in your jurisdiction?
Recordation of copyright licences is not mandatory in the Philippines, although it provides the benefit of having copyright licences embodied in the public record.
Under the Rules on Copyright Registration, authors, creators, transferees, assignees and licensees may apply for the recordation of copyright transfers, assignments or exclusive licences. Upon fulfilment of the documentary requirements, a copy of the documentation will be provided to the applicant, with a notation of the fact of record. The notice will then be published in the IPOPHL E-Gazette for the information of the public.
8.7 Are there any specific requirements for the validity of a copyright licence in your jurisdiction? Are there any special provisions governing sub-licensing?
In the Philippines, parties are free to stipulate the terms of their licence agreements, as long as these are not contrary to law, morals, good customs and public policy. There is also no prohibition on the execution of sub-licences, except that sub-licensors must comply with, and only act within the bounds and limitations specified in, the original licence agreement.
9 Protection of foreign copyright
9.1 Are foreign copyrighted works protected in your jurisdiction? If so, how and under what conditions (eg, rule of the shorter term)?
Section 221.2 of the IP Code extends Philippine copyright protection to works protected by virtue of, and in accordance with, any international convention or agreement to which the Philippines is a party.
9.2 What key concerns and considerations should be borne in mind by foreign copyright holders in seeking to protect their works in your jurisdiction?
Under the principle of territoriality, the laws of a country are generally enforceable only within the territory of that same country. Therefore, if the act of infringement occurs in the Philippines, the infringement lawsuit must be brought before Philippine quasi-judicial and/or judicial bodies of competent jurisdiction and prosecuted under the terms of Philippine copyright law and regulations. Conversely, if the act of infringement occurs abroad, the infringement lawsuit must be brought before foreign courts and prosecuted under the terms of foreign copyright law and regulations.
10 Trends and predictions
10.1 How would you describe the current copyright landscape and prevailing trends in your jurisdiction? Are any new developments anticipated in the next 12 months, including any proposed legislative reforms?
IP rights awareness over the internet has increased over the years, especially with regard to online content. With the IPOPHL's intense focus on enhancing its enforcement powers against pirated content available on the internet through information dissemination, its rule-making powers, and through agreements with relevant stakeholders, IP practice in the Philippines will likely shift focus to novel online and/or digital issues such as domain name registration and dispute resolution, non-fungible tokens ("NFTs"), the metaverse, and artificial intelligence. Currently, there are pending legislations, i.e., House of Representatives Bill Nos. 799 and 3838, that seek to introduce amendments to the IP Code which emphasize and/or expand IP rights enforcement within the digital landscape.
10.2 Have there been any recent legislative amendments or decisions involving copyright and generative AI, data or databases? If so, please summarise the current state of the law.
One recent development in the field of copyright law is IPOPHL Memorandum Circular 23-025 dated 20 September 2023, or the Rules on Voluntary Administrative Site Blocking, which took effect on 14 January 2024. Under this Circular, the IPOPHL may issue site blocking or takedown orders against internet service providers (ISPs) where the infringing material is uploaded. The Circular defines a pirated website as a website that has the primary purpose or effect of infringing copyright or facilitating copyright infringement and/or that contains goods, materials, or contents which are made, produced, or replicated, without the consent of the copyright owner, right holder, or person duly authorized by the right holder. Based on a meritorious complaint, the Supervising Director of the Intellectual Property Rights Enforcement Office of the IPOPHL (IEO-IPOPHL) may issue a request to an ISP to block or disable the access to the pirated website. If the ISP does not comply, the matter shall be referred to the NTC for appropriate action.
At present, there is no Philippine copyright law or jurisprudence that specifically or comprehensively applies to artificial intelligence.
10.3 Have there been any recent developments involving intermediary safe harbour and liability in your jurisdiction?
On 24 July 2023, the Philippine Congress enacted Republic Act No. 11967, or the Internet Transactions Act. The law established an E-Commerce Bureau which is authorized to formulate regulations related to business-to-business and business-to-consumer transactions where one of the parties is situated in the Philippines or where the digital platform, e-retailer, or online merchant is availing of the Philippine market. The law also imposes subsidiary liability on digital platforms if they fail, after notice, to act expeditiously in removing or disabling access to services that either infringe on another's intellectual property rights or are subject of a takedown order by an appropriate government agency. (Section 26 (b), R.A. 11967). This is related to IPOPHL Memorandum Circular 2023-025, which authorizes the issuance of site blocking or takedown orders against internet service providers where the infringing material is posted or uploaded.
11 Tips and traps
11.1 What are your top tips for protecting copyrighted works in your jurisdiction and what potential sticking points would you highlight?
In this digital age, artistic and literary works have increased their presence online, making it more difficult to ensure that one's work is duly protected from infringement. Considering the fast-paced evolution of technology, it is imperative to keep abreast of developments in both technology and related laws, including the IPOPHL's recent issuances on the matter.
Notably, apart from updating and fully digitalizing its services, the IPOPHL has issued a series of rules and regulations regarding copyright and enforcement of intellectual property rights in the online space to keep up with international standards. There is also constant cooperation and learning opportunities between the IPOPHL and various other IP offices, the WIPO, and other agencies in order to address the increasingly complex IP issues in a globalized and digitalized era.
A potential sticking point arises in the realm of artificial intelligence. As earlier mentioned, there is currently no Philippine copyright law or jurisprudence that specifically applies to artificial intelligence. The lack of a comprehensive legal framework covering this field could give rise to possible exploitative or abusive behavior on the part of infringers. Thus, it is imperative for IP practitioners to carefully and skilfully craft arguments supporting the position that artistic creations are covered and protected by the existing legal framework against infringement through the use of artificial intelligence.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.