Documentos de Académico
Documentos de Profesional
Documentos de Cultura
to the description or expression of the object and not to the object itself. It
does not prevent one from using the drawings to construct the object
portrayed in the drawing.
IMPERIAL HOMES CORP. v LAMONT and SCHOLTZ HOMES, INC. v MADDOX
It was held that there is no copyright infringement when one who, without
being authorized, uses a copyrighted architectural plan to construct a
structure. This is because the copyright does not extend to the structures
themselves.
PEARL AND DEAN v SHOEMART
It is contended that the copyright over the engineering drawings extended
ipso facto to the actual light boxes depicted or illustrated in the said
drawings.
SC held that SMI is not liable for infringing Pearl and Deans copyright over
the technical drawings of the latters advertising display.
Copyright, in the strict sense of the term, is purely a statutory right. Being a
mere statutory grant, the rights are limited to what the statute confers. It
may obtained and enjoyed only with respect to the subjects and by the
persons, and on terms and conditions specified in the statute. Accordingly, it
can cover only the works falling within the statutory enumeration or
description.
KHO v CA
SC ruled that Copyrights, Patents and Trademark (three legal rights) are
completely distinct and separate from one another, and the protection
afforded by one cannot be used interchangeably to cover items or works that
exclusively pertain to the others;
TRADEMARK is any visible sign capable of distinguishing the goods
(trademark) or services (service mark) of an enterprise and shall include a
stamped or marked container of goods. In relation thereto, a trade name
means the name or designation identifying or distinguishing an enterprise.
COPYRIGHT, its scope is confined to literary and artistic works which are
original intellectual creations in the literary and artistic domain protected
from the moment of their creation.
PATENTABLE INVENTIONS refers to any technical solution of a problem in any
field of human activity which is new, involves an inventive step and is
industrially applicable.
DERIVATIVE WORKS
Are creations that are based on an existing work. Thus, the series of film
Harry Potter is a derivative work based on the novel of the same title.
A song that is a re-make of an old song is another example of derivative
works.
The following derivative works shall be protected by copyright:
1. Dramatizations, translations, adaptations, abridgements, arrangements,
and other alterations of literary or artistic works; and
PUBLISHERS RIGHT
PUBLISHER is someone who makes something public.
It is someone who is engaged in the business of publishing reading
materials such as books, newspaper and magazines.
PRODUCERS publisher of song
MOVIE PRODUCER in film industry.
Under the law, publisher shall have a copyright consisting merely of the
RIGHT OF REPRODUCTION OF THE TYPOGRAPHICAL ARRANGEMENT OF THE
PUBLISHED EDITION OF THE WORK. It may be expanded by agreement with
the author who generally owns the copyright.
UNPROTECTED WORK
1. Any idea, procedure, system method or operation, concept, principle,
discovery or mere data as such, even if they are expressed, explained,
illustrated or embodied in a work; (ONLY EXPRESSION OF THESE MAY BE
PROTECTED).
2. News of the day and other miscellaneous facts having the character of
mere items of press information; (pertains mainly to news of the day for no
one can have the monopoly of news or current events) or
3. Any official text of a legislative, administrative or legal nature, as well as
any official translation thereof. (Official government texts from the three
branches of the government)
OWNERSHIP OF COPYRIGHT
1. In the case of original literary and artistic works AUTHOR OF THE WORK.
2. Work of Joint Authorship CO-AUTHORS
a. Absence of agreement their rights shall be governed by Coownership;
3. Joint Authorship consists of parts that can be used separately and the
author of each part can be identified AUTHOR OF EACH PART SHALL BE THE
ORIGINAL OWNER OF THE COPYRIGHT IN THE PART THAT HE HAS CREATED.
4. Work created in course of employment. Owner of Copyright.
a. Creation of the object of copyright is not a part of his regular duties
even if the employee uses the time, facilities and materials of the employer
EMPLOYEE.
b. Work is the result of the performance of his regularly-assigned
duties, unless there is an agreement, express or implied, to the contrary
EMPLOYER.
5. Work commissioned by a person other than an employer of the author and
who pays for it and work is made in pursuance of the commission PERSON
WHO COMMISSIONED THE WORK SHALL HAVE OWNERSHIP OPF WORK but
COPYRIGHT REMAIN WITH THE CREATOR, UNLESS THERE IS WRITTEN
STIPULATION TO THE CONTRARY.
6. Audio-visual work Producer, author of scenario, the composer of the
music, the film director, and the author of the work so adapted.
7. Letter Writer subject to the provision of Art 723 of Civil Code.
The copyright owners or their heirs may designate a society of artists, writer
or composers to enforce their economic rights and moral rights on their
behalf.
LIMITATION ON COPYRIGHT
The followings acts shall not constitute infringement of copyright:
1. The recitation or performance of a work, once it has been lawfully made
accessible to the public, if done privately and free of charge or if made
strictly for a charitable or religious institution or society.
The work must therefore have been published and that publication
must be lawfully made.
2. The making of quotations from a published work if they are compatible
with fair use and only to the extent justified for the purpose, including
quotations from newspaper articles and periodicals in the form of press
summaries, provided that the source and the name of the author, if
appearing on the work, are mentioned.
Published works are those works, which, with the consent of the
authors, are made available to the public by wire or wireless means in such a
way that members of the public may access these works from a place and
time individually chosen by them, provided that availability of such copies
10. Public display of the original or a copy of the work not made by means of
a film, slide, television image or otherwise on screen or by means of any
other device or process, provided that either the work has been published, or,
that original or the copy displayed has been sold, given away or otherwise
transferred to another person by the author or his successor in title.
11. Any use made of a work for the purpose of any judicial proceedings or for
the giving of professional advice by a legal practitioner.
FAIR USE
Is using somebodys work fairly, i.e. what is reasonable under the
circumstances.
It is a universally accepted limitation to copyright.
The difficulty lies in the subjectivity of what is fair under the circumstances.
Sec 185. FAIR USE OF A COPYRIGHTED WORK. In determining whether the use
is fair use, the factors to be considered shall include:
1. The purpose and character of the use, including whether such use is of a
commercial nature or is for non-profit educational purposes;
2. The nature of the copyrighted work;
3. The amount and substantially of the portion used in relation to the
copyrighted work as a whole; and
4. The effect of the use upon the potential market for or value of the
copyrighted work.
- The provision also incorporates the universally recognized factors in
determining fair use. These factors are:
1. The purpose and character of the use. Thus, lifting of large part of a work
may be justified for purposes of scholarly criticism but not when it will be
used to explain a similar point.
2. The nature of the copyrighted work. For instance, rules as to quotations
from true-to-life story about a historical figure may be relaxed as compared to
quotations from a non-fiction story book.
3. The amount and substantiality of the work used. Based on the law, practice
and jurisprudence, it is evident that substantiality weighs more than the
amount.
*To constitute an infringement, it is not necessary that the whole or even a
large portion of the work shall have been copied. When there is a substantial
reproduction of a book? It does not necessarily require that the entire
copyrighted work, or even a large portion of it, be copied. If so much is taken
that the value of the original work is substantially diminished, there is an
infringement of copyright and to an injurious extent, the work is appropriated.