Article 105Act No. 3815, Sec./Art. 105

Restitution-How made.-The restitution of the thing itself must be made whenever possible, with allowance for any deterioration or diminution of value as determined by the court.

The thing itself shall be restored, even though it be found in the possession of a third person who has acquired it by lawful means, saving to the latter his action against the proper person who may be liable to him.

This provision is not applicable in cases in which the thing has been acquired by the third person in the manner and under the requirements which, by law, bar an action for its recovery.

REVISED PENAL CODE TEXT AND SPECIAL PENAL LAWS

authors, performers or producers of sound recordings

concerned or permitted by law;

171.13.

'Rights

management

information'

means

information which identifies the work, sound recording or

performance; the author of the work, producer of the

sound recording or performer of the performance; the

owner of any right in the work, sound recording or

performance;

or

information

about

the

terms

and

conditions of the use of the work, sound recording or

performance; and any number or code that represent

such information, when any of these items is attached to

a copy of the work, sound recording or fixation of

performance

or

appears

in

conjunction

with

the

communication to the public of a work, sound recording

or performance.

(as amended by RA No 10372)

CHAPTER II Original Works

SECTION 172. Literary and Artistic Works . — 172.1. Literary

and artistic works, hereinafter referred to as "works", are

original intellectual creations in the literary and artistic

domain protected from the moment of their creation and

shall include in particular:

(a) Books, pamphlets, articles and other writings;

(b) Periodicals and newspapers;

(c) Lectures, sermons, addresses, dissertations prepared

for oral delivery, whether or not reduced in writing or

other material form;

(d) Letters;

(e)

Dramatic

or

dramatico-musical

compositions;

choreographic works or entertainment in dumb shows;

(f) Musical compositions, with or without words;

(g) Works of drawing, painting, architecture, sculpture,

engraving, lithography or other works of art; models or

designs for works of art;

(h) Original ornamental designs or models for articles of

manufacture, whether or not registrable as an industrial

design, and other works of applied art;

(i)

Illustrations,

maps,

plans,

sketches,

charts

and

three-dimensional

works

relative

to

geography,

topography, architecture or science;

(j) Drawings or plastic works of a scientific or technical

character;

(k) Photographic works including works produced by a

process analogous to photography; lantern slides;

(l) Audiovisual works and cinematographic works and

works

produced

by

a

process

analogous

to

cinematography or any process for making audio-visual

recordings;

(m) Pictorial illustrations and advertisements;

(n) Computer programs; and

(o) Other literary, scholarly, scientific and artistic works.

172.2. Works are protected by the sole fact of their

creation, irrespective of their mode or form of expression,

as well as of their content, quality and purpose. (Sec. 2,

P.D. No. 49a)

CHAPTER III Derivative Works

SECTION 173. Derivative Works . — 173.1. The following

derivative works shall also be protected by copyright:

(a)

Dramatizations,

translations,

adaptations,

abridgments,

arrangements, and other alterations of

literary or artistic works; and

(b) Collections of literary, scholarly or artistic works, and

compilations of data and other materials which are

original by reason of the selection or coordination or

arrangement of their contents. (Sec. 2, (P) and (Q), P.D. No.

49 )

173.2. The works referred to in paragraphs (a) and (b) of

Subsection

173.1

shall

be

protected

as

new

works:

Provided , however , That such new work shall not affect

the force of any subsisting copyright upon the original

works employed or any part thereof, or be construed to

imply any right to such use of the original works, or to

secure or extend copyright in such original works. (Sec. 8,

P.D. 49 ; Art. 10, TRIPS)

SECTION 174. Published Edition of Work . — In addition to

the right to publish granted by the author, his heirs, or

assigns, the publisher shall have a copyright consisting

merely of the right of reproduction of the typographical

arrangement of the published edition of the work. (n)

CHAPTER IV Works Not Protected

SECTION

175.

Unprotected

Subject

Matter .

—

Notwithstanding the provisions of Sections 172 and 173,

no protection shall extend, under this law, to 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;

news of the day and other miscellaneous facts having the

character of mere items of press information; or any

official text of a legislative, administrative or legal nature,

as well as any official translation thereof. (n)

SECTION 176. Works of the Government . — 176.1. No

copyright shall subsist in any work of the Government of

the

Philippines.

However,

prior

approval

of

the

government agency or office wherein the work is created

shall be necessary for exploitation of such work for profit.

Such agency or office may, among other things, impose

as a condition the payment of royalties. No prior approval

or conditions shall be required for the use for any purpose

of statutes, rules and regulations, and speeches, lectures,

sermons, addresses, and dissertations, pronounced, read

or rendered in courts of justice, before administrative

agencies, in deliberative assemblies and in meetings of

public character. (Sec. 9, first par., P.D. No. 49 )

176.2.

The

author

of

speeches,

lectures,

sermons,

addresses, and dissertations mentioned in the preceding

paragraphs shall have the exclusive right of making a

collection of his works. (n)

176.3.

Notwithstanding

the

foregoing

provisions,

the

Government is not precluded from receiving and holding

copyrights transferred to it by assignment, bequest or

otherwise; nor shall publication or republication by the

Government in a public document of any work in which

copyright is subsisting be taken to cause any abridgment

or annulment of the copyright or to authorize any use or

appropriation of such work without the consent of the

copyright owner. (Sec. 9, third par., P.D. No. 49 )

CHAPTER V Copyright or Economic Rights

SECTION 177. Copyright or Economic Rights . — Subject to

the provisions of Chapter VIII, copyright or economic

rights shall consist of the exclusive right to carry out,

authorize or prevent the following acts:

177.1. Reproduction of the work or substantial portion of

the work;

177.2. Dramatization, translation, adaptation, abridgment,

arrangement or other transformation of the work;

177.3. The first public distribution of the original and each

copy of the work by sale or other forms of transfer of

ownership;

177.4. Rental of the original or a copy of an audiovisual 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; (n)

177.5. Public display of the original or a copy of the work;

177.6. Public performance of the work; and

© Compiled By RGL

105 of 201