PHILIPPINES Law and Practice Contributed by: Katrina Doble, Danielle Francesca San Pedro, Maria Patricia Cruz and Kyle Gino Salazar, Villaraza & Angangco
tions to obtain a technical result are not registra - ble 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 Authorship refers to creatorship and is distin - guished 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 author - ship, copyright ownership may be held by a juridical person. Where a work is created during the author-employee’s employment, the employ - er is automatically granted copyright ownership if the work results from the performance of the author-employee’s regularly assigned duties. In addition, original copyright ownership can pass to a corporate entity through assignment or oth - er forms of transfer. content, quality and purpose. 3.3 Copyright Authorship Authorship in General 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 eco - nomic and moral rights of an author and copy - right 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 substantial por - tion of the work; • dramatisation, translation, adaptation, abridg - ment, 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 audio - visual 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, 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 to the public of the work. Moral Rights Independent of the economic rights, the author of a work is entitled to: • require that the authorship of the works be attributed to them;
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