Article 107Act No. 3815, Sec./Art. 107

Indemnification-What is included.-Indemnification for consequential damages shall include not only those caused the injured party, but also those suffered by his family or by a third person by reason of the crime.

REVISED PENAL CODE TEXT AND SPECIAL PENAL LAWS

Provided , That the copyright in any such work shall not

include

the

right

to

control

the

reconstruction

or

rehabilitation in the same style as the original of a

building to which that copyright relates. (n)

SECTION 187. Reproduction of Published Work . — 187.1.

Notwithstanding the provision of Section 177, and subject

to

the

provisions

of

Subsection

187.2,

the

private

reproduction of a published work in a single copy, where

the reproduction is made by a natural person exclusively

for research and private study, shall be permitted, without

the authorization of the owner of copyright in the work.

187.2. The permission granted under Subsection 187.1 shall

not extend to the reproduction of:

(a) A work of architecture in the form of building or other

construction;

(b) An entire book, or a substantial part thereof, or of a

musical work in graphic form by reprographic means;

(c) A compilation of data and other materials;

(d) A computer program except as provided in Section

189; and

(e)

Any

work

in

cases

where

reproduction

would

unreasonably conflict with a normal exploitation of the

work or would otherwise unreasonably prejudice the

legitimate interests of the author. (n)

SECTION 188. Reprographic Reproduction by Libraries . —

188.1. Notwithstanding the provisions of Subsection 177.1.,

any library or archive whose activities are not for profit

may, without the authorization of the author or copyright

owner, make a limited number of copies of the work, as

may be necessary for such institutions to fulfill their

mandate, by reprographic reproduction:

(a) Where the work by reason of its fragile character or

rarity cannot be lent to user in its original form;

(b) Where the works are isolated articles contained in

composite works or brief portions of other published

works and the reproduction is necessary to supply them,

when this is considered expedient, to persons requesting

their loan for purposes of research or study instead of

lending the volumes or booklets which contain them; and

(c) Where the making of such limited copies is in order to

preserve and, if necessary in the event that it is lost,

destroyed or rendered unusable, replace a copy, or to

replace, in the permanent collection of another similar

library or archive, a copy which has been lost, destroyed or

rendered unusable and copies are not available with the

publisher. (as amended by RA No 10372)

188.2. Notwithstanding the above provisions, it shall not

be permissible to produce a volume of a work published

in several volumes or to produce missing tomes or pages

of magazines or similar works, unless the volume, tome or

part is out of stock: Provided , That every library which, by

law, is entitled to receive copies of a printed work, shall be

entitled, when special reasons so require, to reproduce a

copy of a published work which is considered necessary

for the collection of the library but which is out of stock.

(Sec. 13, P.D. 49a)

SECTION 189. Reproduction of Computer Program . —

189.1. Notwithstanding the provisions of Section 177, the

reproduction in one (1) back-up copy or adaptation of a

computer

program

shall

be

permitted,

without

the

authorization of the author of, or other owner of copyright

in, a computer program, by the lawful owner of that

computer program: Provided , That the copy or adaptation

is necessary for:

(a) The use of the computer program in conjunction with

a computer for the purpose, and to the extent, for which

the computer program has been obtained; and

(b) Archival purposes, and, for the replacement of the

lawfully owned copy of the computer program in the

event that the lawfully obtained copy of the computer

program is lost, destroyed or rendered unusable.

189.2. No copy or adaptation mentioned in this Section

shall be used for any purpose other than the ones

determined

in

this

Section,

and

any

such

copy or

adaptation shall be destroyed in the event that continued

possession of the copy of the computer program ceases

to be lawful.

189.3. This provision shall be without prejudice to the

application of Section 185 whenever appropriate. (n)

SECTION

190.

Importation

for Personal Purposes . —

Subject to the approval of the Secretary of Finance, the

Commissioner of Customs is hereby empowered to make

rules and regulations for preventing the importation or

exportation of infringing articles prohibited under Part IV

of this Act and under relevant treaties and conventions to

which the Philippines may be a party and for seizing and

condemning and disposing of the same in case they are

discovered after they have been imported or before they

are exported. (Sec. 30, P.D. No. 49) (as amended by RA No

10372)

CHAPTER IX Deposit and Notice

SECTION 191. Deposit and Notice of Deposit with the

National Library and the Supreme Court Library. — At

any time during the subsistence of the copyright, the

owner of the copyright or of any exclusive right in the

work may, for the purpose of completing the records of

the National Library and the Supreme Court Library,

register and deposit with them, by personal delivery or by

registered mail, two (2) complete copies or reproductions

of the work in such form as the Directors of the said

libraries may prescribe in accordance with regulations:

Provided, That only works in the field of law shall be

deposited

with

the

Supreme

Court

Library.

Such

registration and deposit is not a condition of copyright

protection. (as amended by RA No 10372)

SECTION 192. Notice of Copyright . — Each copy of a work

published or offered for sale may contain a notice bearing

the name of the copyright owner, and the year of its first

publication, and, in copies produced after the creator's

death, the year of such death. (Sec. 27, P.D. No. 49a)

CHAPTER X Moral Rights

SECTION 193. Scope of Moral Rights . — The author of a

work shall, independently of the economic rights in

Section 177 or the grant of an assignment or license with

respect to such right, have the right:

193.1. To require that the authorship of the works be

attributed to him, in particular, the right that his name, as

far as practicable, be indicated in a prominent way on the

copies, and in connection with the public use of his work;

193.2. To make any alterations of his work prior to, or to

withhold it from publication;

193.3. To object to any distortion, mutilation or other

modification of, or other derogatory action in relation to,

his work which would be prejudicial to his honor or

reputation; and

193.4. To restrain the use of his name with respect to any

work not of his own creation or in a distorted version of

his work. (Sec. 34, P.D. No. 49 )

SECTION 194. Breach of Contract . — An author cannot be

compelled to perform his contract to create a work or for

the publication of his work already in existence. However,

he may be held liable for damages for breach of such

contract. (Sec. 35, P.D. No. 49 )

SECTION 195. Waiver of Moral Rights . — An author may

waive his rights mentioned in Section 193 by a written

instrument, but no such waiver shall be valid where its

effects is to permit another:

195.1. To use the name of the author, or the title of his

work, or otherwise to make use of his reputation with

respect to any version or adaptation of his work which,

because of alterations therein, would substantially tend to

injure the literary or artistic reputation of another author;

or

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