Wednesday, March 4, 2009

Copyright

The IP Code of the Philippines does not actually define the word. To put it simply, this is a right afforded to the creator of a work to control and protect such work. In a sense, the law provides a pseudo monopoly to a creator over his work. Such “rights” are limited and have several exceptions.

What are “works”?

The law defines these as literary or artistic original creations. In the U.S., the courts there has made defined it expressions of ideas. There is an extensive list in the IP Code but it is not limited as you may think. Photographs are included in the list.

What are the rights available?

An author or creator of a work can prevent the latter’s unauthorized reproduction and public performance. Secondly, the author or creator controls the derivative mediums of the work.

What are the exceptions to the rights?
The rights are limited by the Fair Use doctrine (use of work for academic, news reporting, criticism), public performance for charitable, religious or educational purpose (non-profit motive).

When the does the protection start?

Protection starts from the moment of creation. It is up to the author or creator how to manifest or express his idea. Registration of a work is not a pre-requisite for enforcing one’s rights.

Roderick P. Vera, JD, LLM | Managing Partner
Tel. +63.2.829.1145 | Cell. +63.917.884.8372

website: www.vera-iplaw.com
via http://www.photo.net.ph/blogalicious/2007/12/11/what-is-copyright-how-people-understand-copyright-iloilophilippinesorg-please-read/

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