Commercial and Taxation Laws › Intellectual Property Law (RA 8293, as amended by RA 9150, 9502, and 10372)

C. Copyright

BASIC PRINCIPLES

Copyright is not primarily about providing the strongest possible protection for copyright owners so that they have the highest possible incentive to create more works. The control given to copyright owners is only a means to an end: the promotion of knowledge and learning. The goal of copyright is to promote creativity and encourage creation of works. (Abs-Cbn Corporation v. Gozon, G.R. No. 195956, 11 March 2015)1

The copyright for a work is acquired by an intellectual creator from the moment of creation even in the absence of registration and deposit (Columbia Pictures, Inc. v. Court of Appeals, G.R. No. 110318, 28 August 1996)2

The focus of copyright is the article’s artistic expression, not its usefulness or marketability. The central inquiry is whether the article is a work of art. (Ching v. Salinas, G.R. No. 161295, 29 June 2005)3

Purely Statutory Right

Copyright is purely a statutory right. Being a statutory grant, the rights are only such as the statute confers, and may be obtained and enjoyed only with respect to the subjects and by the persons, and on terms and conditions specified in the statute. (Joaquin v. Zosa, G.R. No. 108946, 17 April 2000)4

Authorities

  • ABS-CBN Corporation v. Gozon, G.R. No. 195956, 11 March 2015
  • Ching v. Salinas, G.R. No. 161295, 29 June 2005
  • Columbia Pictures, Inc. v. Court of Appeals, G.R. No. 110318, 28 August 1996
  • Joaquin v. Zosa, G.R. No. 108946, 17 April 2000