Article 108Act No. 3815, Sec./Art. 108

Obligation to make restoration, reparation for damages, or indemnification for consequential damages and action to demand the same-Upon whom it devolves.-The obligation to make restoration or reparation for damages and indemnification for consequential damages devolves upon the heirs of the person liable.

The action to demand restoration, reparation, and indemnification likewise descends to the heirs of the person injured.

REVISED PENAL CODE TEXT AND SPECIAL PENAL LAWS

195.2. To use the name of the author with respect to a

work he did not create. (Sec. 36, P.D. No. 49 )

SECTION 196. Contribution to Collective Work . — When an

author contributes to a collective work, his right to have

his contribution attributed to him is deemed waived

unless he expressly reserves it. (Sec. 37, P.D. No. 49 )

SECTION 197. Editing , Arranging and Adaptation of Work .

— In the absence of a contrary stipulation at the time an

author licenses or permits another to use his work, the

necessary editing, arranging or adaptation of such work,

for

publication,

broadcast,

use

in a motion picture,

dramatization, or mechanical or electrical reproduction in

accordance

with

the

reasonable

and

customary

standards or requirements of the medium in which the

work is to be used, shall not be deemed to contravene the

author's

rights

secured

by

this

chapter.

Nor

shall

complete

destruction

of

a

work

unconditionally

transferred by the author be deemed to violate such

rights. (Sec. 38, P.D. No. 49 )

SECTION 198. Term of Moral Rights . — 198.1. The right of

an author under Section 193.1. shall last during the

lifetime of the author and in perpetuity after his death

while the rights under Sections 193.2., 193.3. and 193.4.

shall be coterminous with the economic rights, the moral

rights shall not be assignable or subject to license. The

person or persons to be charged with the posthumous

enforcement of these rights shall be named in a written

instrument which shall be filed with the National Library.

In default of such person or persons, such enforcement

shall devolve upon either the author's heirs, and in default

of the heirs, the Director of the National Library. (as

amended by RA No 10372)

198.2. For purposes of this Section, "Person" shall mean

any individual, partnership, corporation, association, or

society. The Director of the National Library may prescribe

reasonable fees to be charged for his services in the

application of provisions of this Section. (Sec. 39, P.D. No.

49 )

SECTION 199. Enforcement Remedies . — Violation of any

of the rights conferred by this Chapter shall entitle those

charged with their enforcement to the same rights and

remedies available to a copyright owner. In addition,

damages which may be availed of under the Civil Code

may also be recovered. Any damage recovered after the

creator's death shall be held in trust for and remitted to

his heirs, and in default of the heirs, shall belong to the

government. (Sec. 40, P.D. No. 49 )

CHAPTER XI Rights to Proceeds in Subsequent Transfers

SECTION 200. Sale or Lease of Work . — In every sale or

lease of an original work of painting or sculpture or of the

original manuscript of a writer or composer, subsequent

to the first disposition thereof by the author, the author or

his heirs shall have an inalienable right to participate in

the gross proceeds of the sale or lease to the extent of five

percent (5%). This right shall exist during the lifetime of

the author and for fifty (50) years after his death. (Sec. 31,

P.D. No. 49 )

SECTION 201. Works Not Covered . — The provisions of this

Chapter shall not apply to prints, etchings, engravings,

works of applied art, or works of similar kind wherein the

author

primarily

derives

gain from the proceeds of

reproductions. (Sec. 33, P.D. No. 49 )

CHAPTER XII Rights of Performers , Producers of Sounds

Recordings and Broadcasting Organizations

SECTION 202. Definitions . — For the purpose of this Act,

the following terms shall have the following meanings:

202.1. "Performers" are actors, singers, musicians, dancers,

and

other

persons

who

act,

sing,

declaim, play in,

interpret, or otherwise perform literary and artistic work;

202.2. "Sound recording" means the fixation of the sounds

of a performance or of other sounds, or representation of

sound, other than in the form of a fixation incorporated in

a cinematographic or other audiovisual work;

202.3. An "audiovisual work or fixation" is a work that

consists of a series of related images which impart the

impression of motion, with or without accompanying

sounds, susceptible of being made visible and, where

accompanied by sounds, susceptible of being made

audible;

202.4. "Fixation" means the embodiment of sounds, or of

the representations thereof, from which they can be

perceived,

reproduced

or

communicated

through

a

device;

202.5. "Producer of a sound recording" means the person,

or the legal entity, who or which takes the initiative and

has the responsibility for the first fixation of the sounds of

a performance or other sounds, or the representation of

sounds;

202.6. "Publication of a fixed performance or a sound

recording" means the offering of copies of the fixed

performance or the sound recording to the public, with

the consent of the right holder: Provided , That copies are

offered to the public in reasonable quality;

202.7. "Broadcasting" means the transmission by wireless

means for the public reception of sounds or of images or

of representations thereof; such transmission by satellite

is also "broadcasting" where the means for decrypting are

provided to the public by the broadcasting organization

or with its consent;

202.8. "Broadcasting organization" shall include a natural

person or a juridical entity duly authorized to engage in

broadcasting; and

202.9. "Communication to the public of a performance or

a sound recording" means the transmission to the public,

by any medium, otherwise than by broadcasting, of

sounds

of

a

performance

or the representations of

sounds fixed in a sound recording. For purposes of

Section 209, "communication to the public" includes

making the sounds or representations of sounds fixed in

a sound recording audible to the public.

SECTION 203. Scope of Performers ' Rights . — Subject to

the provisions of Section 212, performers shall enjoy the

following exclusive rights:

203.1.

As

regards

their

performances,

the

right

of

authorizing:

(a) The broadcasting and other communication to the

public of their performance; and

(b) The fixation of their unfixed performance.

203.2. The right of authorizing the direct or indirect

reproduction

of

their

performances

fixed

in

sound

recordings

or

audiovisual

works

or

fixations

in

any

manner or form;

203.3. Subject to the provisions of Section 206, the right of

authorizing the first public distribution of the original and

copies of their performance fixed in sound recordings or

audiovisual works or fixations through sale or rental of

other forms of transfer of ownership;

203.4. The right of authorizing the commercial rental to

the

public

of

the

original

and

copies

of

their

performances fixed in sound recordings or audiovisual

works or fixations, even after distribution of them by, or

pursuant to the authorization by the performer; and

203.5. The right of authorizing the making available to the

public of their performances fixed in sound recordings or

audiovisual works or fixations, by wire or wireless means,

in such a way that members of the public may access

them from a place and time individually chosen by them.

(Sec. 42, P.D. No. 49A).

(as amended by RA No 10372)

SECTION

204.

Moral

Rights

of Performers . — 204.1.

Independently of a performer's economic rights, the

performer shall, as regards his live aural performances or

performances fixed in sound recordings or in audiovisual

© Compiled By RGL

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