Article 109Act No. 3815, Sec./Art. 109

Share of each person civilly liable.-If there are two or more persons civilly liable for a felony, the courts shall determine the amount for which each must respond.

REVISED PENAL CODE TEXT AND SPECIAL PENAL LAWS

works or fixations, have the right to claim to be identified

as the performer of his performances, except where the

omission is dictated by the manner of the use of the

performance, and to object to any distortion, mutilation

or other modification of his performances that would be

prejudicial to his reputation. (as amended by RA No

10372)

204.2. The rights granted to a performer in accordance

with Subsection 203.1 shall be maintained and exercised

fifty (50) years after his death, by his heirs, and in default

of heirs, the government, where protection is claimed.

(Sec. 43, P.D. No. 49 )

SECTION 205. Limitation on Right . — 205.1. Subject to the

provisions

of

Section

206,

once

the

performer

has

authorized

the

broadcasting

or

fixation

of

his

performance, the provisions of Sections 203 shall have no

further application.

205.2.The provisions of Section 184 and Section 185 shall

apply mutatis mutandis to performers. (n)

SECTION 206. Additional Remuneration for Subsequent

Communications

or Broadcasts . — Unless otherwise

provided in the contract, in every communication to the

public or broadcast of a performance subsequent to the

first

communication

or

broadcast

thereof

by

the

broadcasting

organization,

the

performer

shall

be

entitled to an additional remuneration equivalent to at

least five percent (5%) of the original compensation he or

she received for the first communication or broadcast. (n)

SECTION 207. Contract Terms . — Nothing in this Chapter

shall be construed to deprive performers of the right to

agree

by

contracts

on

terms

and

conditions

more

favorable

for

them

in

respect

of

any

use

of

their

performance. (n)

CHAPTER XIII Producers of Sound Recordings

SECTION 208. Scope of Right . — Subject to the provisions

of Section 212, producers of sound recordings shall enjoy

the following exclusive rights:

208.1.

The

right

to

authorize

the

direct

or

indirect

reproduction of their sound recordings, in any manner or

form; the placing of these reproductions in the market

and the right of rental or lending;

208.2. The right to authorize the first public distribution of

the original and copies of their sound recordings through

sale or rental or other forms of transferring ownership;

and

208.3. The right to authorize the commercial rental to the

public

of

the

original

and

copies

of

their

sound

recordings, even after distribution by them by or pursuant

to authorization by the producer. (Sec. 46, P.D. No. 49a)

208.4. The right to authorize the making available to the

public of their sound recordings in such a way that

members of the public may access the sound recording

from a place and at a time individually chosen or selected

by them, as well as other transmissions of a sound

recording with like effect. (as amended by RA No 10372)

SECTION 209. Communication to the Public . — If a sound

recording

published

for

commercial

purposes,

or

a

reproduction of such sound recording, is used directly for

broadcasting or for other communication to the public, or

is publicly performed with the intention of making and

enhancing profit, a single equitable remuneration for the

performer or performers, and the producer of the sound

recording

shall

be

paid

by

the

user

to

both

the

performers and the producer, who, in the absence of any

agreement shall share equally. (Sec. 47, P.D. No. 49a)

SECTION 210. Limitation of Right . — Sections 184 and 185

shall apply mutatis mutandis to the producer of sound

recordings. (Sec. 48, P.D. No. 49a)

CHAPTER XIV Broadcasting Organizations

SECTION 211. Scope of Right . — Subject to the provisions

of Section 212, broadcasting organizations shall enjoy the

exclusive right to carry out, authorize or prevent any of

the following acts:

211.1. The rebroadcasting of their broadcasts;

211.2. The recording in any manner, including the making

of films or the use of video tape, of their broadcasts for

the purpose of communication to the public of television

broadcasts of the same; and

211.3. The use of such records for fresh transmissions or for

fresh recording. (Sec. 52, P.D. No. 49 )

CHAPTER XV Limitations on Protection

SECTION 212. Limitations on Rights . — The provisions of

Chapter VIII shall apply mutatis mutandis to the rights of

performers,

producers

of

sound

recordings

and

broadcasting organizations. (as amended by RA No 10372)

CHAPTER XVI Term of Protection

SECTION 213. Term of Protection . — 213.1. Subject to the

provisions of Subsections 213.2 to 213.5, the copyright in

works under Sections 172 and 173 shall be protected

during the life of the author and for fifty (50) years after

his death. This rule also applies to posthumous works.

(Sec. 21, first sentence, P.D. No. 49a)

213.2. In case of works of joint authorship, the economic

rights shall be protected during the life of the last

surviving author and for fifty (50) years after his death.

(Sec. 21, second sentence, P.D. No. 49 )

213.3. In case of anonymous or pseudonymous works, the

copyright shall be protected for fifty (50) years from the

date on which the work was first lawfully published:

Provided , That where, before the expiration of the said

period, the author's identity is revealed or is no longer in

doubt, the provisions of Subsections 213.1. and 213.2 shall

apply, as the case may be: Provided , further , That such

works if not published before shall be protected for fifty

(50) years counted from the making of the work. (Sec. 23,

P.D. No. 49 )

213.4. In case of works of applied art the protection shall

be for a period of twenty-five (25) years from the date of

making. (Sec. 24(B), P.D. No. 49a)

213.5. In case of photographic works, the protection shall

be for fifty (50) years from publication of the work and, if

unpublished, fifty (50) years from the making. (Sec. 24(C),

P.D. 49a)

213.6.

In

case

of

audio-visual works including those

produced by process analogous to photography or any

process for making audio-visual recordings, the term shall

be

fifty

(50) years from date of publication and, if

unpublished, from the date of making. (Sec. 24(C), P.D.

No. 49a)

SECTION

214.

Calculation

of

Term .

—

The

term

of

protection

subsequent

to

the

death

of

the

author

provided in the preceding Section shall run from the date

of his death or of publication, but such terms shall always

be deemed to begin on the first day of January of the

year following the event which gave rise to them. (Sec. 25,

P.D. No. 49 )

SECTION

215.

Term

of

Protection

for

Performers ,

Producers and Broadcasting Organizations . — 215.1. The

rights granted to performers and producers of sound

recordings under this law shall expire:

(a) For performances not incorporated in recordings, fifty

(50)

years

from

the end of the year in which the

performance took place; and

(b) For sound or image and sound recordings and for

performances incorporated therein, fifty (50) years from

the end of the year in which the recording took place.

215.2. In case of broadcasts, the term shall be twenty (20)

years

from

the date the broadcast took place. The

extended term shall be applied only to old works with

subsisting protection under the prior law. (Sec. 55, P.D. No.

49a)

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