Article 106Act No. 3815, Sec./Art. 106

Reparation-How made.-The court shall determine the amount of damage, taking into consideration the price of the thing, whenever possible, and its special sentimental value to the injured party, and reparation shall be made accordingly.

REVISED PENAL CODE TEXT AND SPECIAL PENAL LAWS

177.7. Other communication to the public of the work.

(Sec. 5, P.D. No. 49a)

CHAPTER VI Ownership of Copyright

SECTION 178. Rules on Copyright Ownership . — Copyright

ownership shall be governed by the following rules:

178.1. Subject to the provisions of this section, in the case

of original literary and artistic works, copyright shall

belong to the author of the work;

178.2.

In the case of works of joint authorship, the

co-authors shall be the original owners of the copyright

and in the absence of agreement, their rights shall be

governed by the rules on co-ownership. If, however, a

work of joint authorship consists of parts that can be used

separately and the author of each part can be identified,

the author of each part shall be the original owner of the

copyright in the part that he has created;

178.3. In the case of work created by an author during and

in the course of his employment, the copyright shall

belong to:

(a) The employee, if the 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.

(b)

The

employer,

if

the

work

is the result of the

performance of his regularly-assigned duties, unless there

is an agreement, express or implied, to the contrary.

178.4. In the case of a work commissioned by a person

other than an employer of the author and who pays for it

and the work is made in pursuance of the commission,

the person who so commissioned the work shall have

ownership of the work, but the copyright thereto shall

remain

with

the

creator,

unless

there

is

a

written

stipulation to the contrary;

178.5. In the case of audiovisual work, the copyright shall

belong to the producer, the author of the scenario, the

composer of the music, the film director, and the author

of the work so adapted. However, subject to contrary or

other stipulations among the creators, the producer shall

exercise the copyright to an extent required for the

exhibition of the work in any manner, except for the right

to collect performing license fees for the performance of

musical compositions, with or without words, which are

incorporated into the work; and

178.6. In respect of letters, the copyright shall belong to

the writer subject to the provisions of Article 723 of the

Civil Code. (Sec. 6, P.D. No. 49a)

SECTION 179. Anonymous and Pseudonymous Works . —

For purposes of this Act, the publishers shall be deemed

to represent the authors of articles and other writings

published without the names of the authors or under

pseudonyms,

unless

the

contrary

appears,

or

the

pseudonyms or adopted name leaves no doubt as to the

author's identity, or if the author of the anonymous works

discloses his identity. (Sec. 7, P.D. 49 )

CHAPTER VII Transfer, Assignment And Licensing Of

Copyright

(as amended by RA No 10372)

SECTION 180. Rights of Assignee . — 180.1. The copyright

may be assigned or licensed in whole or in part. Within

the scope of the assignment or license, the assignee or

licensee is entitled to all the rights and remedies which

the assignor or licensor had with respect to the copyright.

180.2. The copyright is not deemed assigned or licensed

inter vivos, in whole or in part, unless there is a written

indication of such intention.

(as amended by RA No 10372)

180.3. The submission of a literary, photographic or artistic

work

to

a

newspaper,

magazine

or

periodical

for

publication shall constitute only a license to make a

single publication unless a greater right is expressly

granted. If two (2) or more persons jointly own a copyright

or any part thereof, neither of the owners shall be entitled

to grant licenses without the prior written consent of the

other owner or owners. (Sec. 15, P.D. No. 49a)

180.4. Any exclusivity in the economic rights in a work

may be exclusively licensed. Within the scope of the

exclusive license, the licensee is entitled to all the rights

and remedies which the licensor had with respect to the

copyright.

180.5. The copyright owner has the right to regular

statements of accounts from the assignee or the licensee

with regard to assigned or licensed work.

(as amended by RA No 10372)

SECTION 181. Copyright and Material Object . — The

copyright is distinct from the property in the material

object

subject

to

it.

Consequently,

the

transfer,

assignment or licensing of the copyright shall not itself

constitute a transfer of the material object. Nor shall a

transfer or assignment of the sole copy or of one or

several copies of the work imply transfer, assignment or

licensing of the copyright. (Sec. 16, P.D. No. 49) (as

amended by RA No 10372)

SECTION 182. Filing of Assignment or License . — An

assignment or exclusive license may be filed in duplicate

with the National Library upon payment of the prescribed

fee for registration in books and records kept for the

purpose. Upon recording, a copy of the instrument shall

be returned to the sender with a notation of the fact of

record. Notice of the record shall be published in the IPO

Gazette. (Sec. 19, P.D. No. 49a)

SECTION 183. Designation of Society . — The owners of

copyright and related rights or their heirs may designate

a

society

of

artists,

writers,

composers

and

other

right-holders to collectively manage their economic or

moral rights on their behalf. For the said societies to

enforce the rights of their members, they shall first secure

the necessary accreditation from the Intellectual Property

Office. (Sec. 32, P.D. No. 49a) (as amended by RA No 10372)

CHAPTER VIII Limitations on Copyright

SECTION 184. Limitations on Copyright . — 184.1. The

reproduction

or

distribution

of

published articles or

materials in a specialized format exclusively for the use of

the

blind,

visually-

and

reading-impaired

persons:

Provided, That such copies and distribution shall be made

on a nonprofit basis and shall indicate the copyright

owner

and the date of the original publication. (as

amended by RA No 10372)

184.2. The provisions of this section shall be interpreted in

such a way as to allow the work to be used in a manner

which does not conflict with the normal exploitation of

the work and does not unreasonably prejudice the right

holder's legitimate interests.

SECTION 185. Fair Use of a Copyrighted Work . — 185.1. The

fair use of a copyrighted work for criticism, comment,

news reporting, teaching including limited number of

copies

for

classroom

use,

scholarship,

research, and

similar purposes is not an infringement of copyright.

Decompilation,

which is understood here to be the

reproduction of the code and translation of the forms of a

computer program to achieve the interoperability of an

independently created computer program with other

programs may also constitute fair use under the criteria

established by this section, to the extent that such

decompilation is done for the purpose of obtaining the

information necessary to achieve such interoperability. (as

amended by RA No 10372)

185.2. The fact that a work is unpublished shall not by

itself bar a finding of fair use if such finding is made upon

consideration of all the above factors.

SECTION 186. Work of Architecture . — Copyright in a work

of architecture shall include the right to control the

erection of any building which reproduces the whole or a

substantial part of the work either in its original form or in

any

form

recognizably

derived

from

the

original:

© Compiled By RGL

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