PHILIPPINES Law and Practice Contributed by: Katrina Doble, Danielle Francesca San Pedro, Edward King Chua and Maria Patricia Cruz, Villaraza & Angangco
tion of data and other materials or a musical work in graphic form, irrespective of the ownership of the original or the copy which is the subject of the rental; • public display of the original or a copy of the work; • public performance of the work; and • other communication of the work to the public. Moral Rights Independent of the economic rights, the author of a work is entitled to: • require that the authorship of the works be attrib - uted to them; • make any alterations to the work prior to publica - tion, or to withhold it from publication; • object to any distortion, mutilation or other modifi - cation of, or other derogatory action in relation to, their work; and • restrain the use of their name for work not their own or for distorted versions of their work. Unlike economic rights, moral rights cannot be assigned or licensed. The right of attribution persists in perpetuity and may be exercised by an author’s heirs, while all other moral rights are coterminous with the economic rights. 3.5 Term of Protection and Termination The duration of copyright protection in the Philippines depends on the type of work involved, as follows. • For artistic, literary and derivative works, protec - tion lasts for the lifetime of the author plus 50 years after their death. In the case of joint authorship, the period depends on the last surviving author. • Works of applied art are protected for 25 years from the date of their creation. • Photographic works are protected for 50 years from the date of publication. If the work is unpub - lished, the period is counted from the date of crea - tion. • Audiovisual works are protected for 50 years from the date of publication or, if unpublished, from the date of creation. • Performances not incorporated in recordings are protected for 50 years from the end of the year in which the performance occurred.
• Sound or image and sound recordings, as well as performances incorporated therein, are protected for 50 years from the end of the year the recording took place. • Broadcasts are protected for 20 years from the date on which the broadcast occurred. Copyrightable works are protected from the moment of their creation without need for registration. Unlike trade marks and patents, there are no maintenance requirements to ensure the full term of copyright pro - tection. Protection is lost usually only once the term of protection ends and the work falls into the public domain. 3.6 Collective Rights Management Systems The IP Code allows copyright and related rights own - ers, or their heirs, to appoint a collective management organisation (CMO) to manage their economic and moral rights. These CMOs include societies of artists, writers, composers and other rights holders, and must be accredited by the IPOPHL in order to effectively enforce the rights of their members. The following CMOs, among others, are currently accredited by the IPOPHL to administer and enforce the rights of their members: • the Filipino Society of Composers, Authors and Publishers handles the public performance rights of song composers and authors; • Filipinas Copyright Licensing Society, Inc. is the recognised CMO for authors, publishers and other right holders in the text and image sector; • the Performers’ Rights Society of the Philippines manages the rights of performers whose works are used for commercial broadcast and other commu - nications to the public; • Philippines Recorded Music Rights (PRM) repre - sents producers and performers of sound record - ings; • Independent Music Producers of the Philippines represents members who own or control the rights in sound recordings in the Philippines – it jointly manages the single equitable remuneration granted to performers and producers of sound recordings with the PRM; and
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