PHILIPPINES Law and Practice Contributed by: Katrina Doble, Danielle Francesca San Pedro, Edward King Chua and Maria Patricia Cruz, Villaraza & Angangco
• illustrations, maps, plans, sketches, charts and three-dimensional works relative to geography, topography, architecture or science; • drawings or plastic works of a scientific or techni - cal 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 cine - matography or any process for making audiovisual recordings; • pictorial illustrations and advertisements; and • computer programs. Copyright protection also applies to derivative works, such as: • dramatisations, translations, adaptations, abridge - ments, arrangements and other alterations of liter - ary music works; • collections of literary, scholarly or artistic works; and • compilations of data and other materials that are original by reason of the selection, co-ordination or arrangement of their contents. Industrial Designs Under the IP Code, ornamental designs or models for articles of manufacture, whether or not registrable as an industrial design, and other works of applied art are copyrightable as long as they are original. Meanwhile, designs dictated essentially by technical or functional considerations to obtain a technical result are not reg - istrable as industrial designs. 3.2 Essential Elements of Copyright Protection Under the IP Code, original intellectual creations in the literary and artistic domain are protected from the sole fact of their creation, irrespective of their mode or form of expression and their content, quality and purpose. 3.3 Copyright Authorship Authorship in General Authorship refers to creatorship and is distinguished from copyright ownership. The IP Code defines an “author” as “the natural person who has created the
work”. Consequently, only works created by a human author are copyrightable under current laws. In general, the author of a work is the owner of the copyright therein. However, unlike authorship, copy - right ownership may be held by a juridical person. Where a work is created during the author-employee’s employment, the employer is automatically granted copyright ownership if the work results from the per - formance of the author-employee’s regularly assigned duties. In addition, original copyright ownership can pass to a corporate entity through assignment or other forms of transfer. For commissioned works, the person other than an employer of the author who commissioned and paid for the work owns the work itself, but the copyright thereto remains with the author unless there is written stipulation to the contrary. When a piece of work is created collaboratively by two or more authors, the co-authors are the original owners of the copyright, and their rights are governed by the principle of co-ownership. However, if the work consists of separate parts that can be independently used and attributed to an author, the author of each part will be the copyright owner of the part that they created. 3.4 Copyright Rights The IP Code outlines both the exclusive economic and moral rights of an author and copyright owner in a copyrighted work. Economic Rights Economic rights consist of the exclusive right to carry out, authorise or prevent the following: • reproduction of the work or a substantial portion of the work; • dramatisation, translation, adaptation, abridgment, arrangement or other transformation of the work; • the first public distribution of the original and each copy of the work by sale or other forms of transfer of ownership; • rental of the original or a copy of an audiovisual or cinematographic work, a work embodied in a sound recording, a computer program, a compila -
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