PHILIPPINES Law and Practice Contributed by: Katrina Doble, Danielle Francesca San Pedro, Maria Patricia Cruz and Kyle Gino Salazar, Villaraza & Angangco
• make any alterations to the work prior to pub - lication, or to withhold it from publication; • object to any distortion, mutilation or other modification 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 Phil - ippines depends on the type of work involved, as follows. • For artistic, literary and derivative works, pro - tection 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 If the work is unpublished, the period is counted from the date of creation. • Audiovisual works are protected for 50 years from the date of publication or, if unpublished, from the date of creation.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 regis - tration. Unlike trade marks and patents, there are no maintenance requirements to ensure the full term of copyright protection. 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 Section 183 of the IP Code allows copyright and related rights owners, or their heirs, to appoint a collective management organisation (CMO) – which includes societies of artists, writers, composers and other rights holders – to manage their economic and moral rights. These CMOs must be accredited by the IPOPHL in order to effectively enforce the rights of their members. The following CMOs, among others, are cur - rently accredited by the IPOPHL to administer and enforce the rights of their members: • the Filipino Society of Composers, Authors and Publishers handles the public per - formance rights of song composers and authors; • the Filipino Visual Arts and Design Rights Organization is the recognised CMO for Phil - ippine visual arts and design; • the Performers’ Rights Society of the Philip - pines manages the rights of performers (eg, actors, musicians, dancers) whose works are used for commercial broadcast and other communications to the public; • Philippines Recorded Music Rights repre - sents producers and performers of sound recordings;
445 CHAMBERS.COM
Powered by FlippingBook