PHILIPPINES Law and Practice Contributed by: Katrina Doble, Danielle Francesca San Pedro, Edward King Chua and Maria Patricia Cruz, Villaraza & Angangco
• the Sound Recording Rights Society represents record labels and producers in the Philippines. 3.7 Copyright Registration The Philippines does not require registration to pro - tect works under copyright. Nevertheless, the IP Code provides the option to deposit and/or register original works for a fee with either the IPOPHL’s Bureau of Copyright and Related Rights (BCRR) or the National Library of the Philippines, and with the Supreme Court for law-related works. Registration creates a formal claim in public records, which may prove useful in resolving disputes involving conflicting ownership or authorship claims. The use of copyright notices (eg, the © symbol, year of creation, and name of the owner) is optional but is recommended to assert rights publicly and deter potential infringers. In general, authors and their authorised representa - tives, heirs or assigns may file the application for copyright registration/deposit. In the case of foreign juridical persons, their applications must be accom - panied by a certificate of registration issued by the Securities and Exchange Commission (SEC) or equiv - alent government agency in the foreign jurisdiction in charge of registration of proprietorships, partnerships and corporations. 3.8 Copyright Application Requirements To file an application for registration/deposit with the BCRR, the following documents must be submitted by email, to copyright_registration@ipophil.gov.ph: • a duly completed registration and deposit form; • the original or a certified true copy of the owner - ship 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) a Special Power of Attorney if the applicant represents a natural person; or (b) a board resolution if the applicant represents a juridical person; • identification documents, such as: (a) a valid government ID if the owner is a natural person; or
(b) a certificate of registration with the SEC or business name registration with the Depart - ment of Trade and Industry if the owner is a legal person; • an electronic copy of the music sheet, 5R photo - graphs or source code (for computer programs and games) submitted in an approved storage medium; and • payment of the copyright registration/recordation application filing fee. For applications filed with the BCRR, the assessed filing fee will depend on the size of the entity and whether the application was filed within or outside the National Capital Region (NCR). For NCR applications, the BCRR charges the follow - ing per application: • PHP635 for big entities; and • PHP460 for small entities. For applications outside the NCR through IPOPHL satellite offices, the application fee is:
• PHP760 for big entities; and • PHP560 for small entities.
Each application will cover only one work. The IPOPHL, however, accepts bulk registrations covering not less than ten works at a discounted fee of PHP210 per application, provided that all works fall under the same category and are created by the same author or joint authors. 3.9 Refusal of Registration An application for copyright registration may be denied by the BCRR director if: • the work does not fit within the statutorily defined categories of a “work” under the IP Code; or • the work is the subject of prior registration. A decision of the BCRR director to deny the applica - tion for copyright registration can be appealed to the Office of the Director General (ODG) of the IPOPHL, by filing an appeal memorandum within 30 days of notice of the decision or final order appealed from.
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