Article 111Act No. 3815, Sec./Art. 111

Obligation to make restitution in certain cases.-Any person who has participated gratuitously in the proceeds of a felony shall be bound to make restitution in an amount equivalent to the extent of such participation.

CHAPTER THREE

EXTINCTION AND SURVIVAL OF CIVIL LIABILITY

REVISED PENAL CODE TEXT AND SPECIAL PENAL LAWS

that electronic rights management information has been

removed or altered without authority.

(as amended by RA No 10372)

217.3.

Any

person who at the time when copyright

subsists in a work has in his possession an article which

he knows, or ought to know, to be an infringing copy of

the work for the purpose of:

(a) Selling, letting for hire, or by way of trade offering or

exposing for sale, or hire, the article;

(b) Distributing the article for purpose of trade, or for any

other purpose to an extent that will prejudice the rights

of the copyright owner in the work; or

(c) Trade exhibit of the article in public, shall be guilty of

an

offense

and

shall

be

liable

on

conviction

to

imprisonment and fine as above mentioned. (Sec. 29, P.D.

No. 49a)

SECTION 218. Affidavit Evidence . — 218.1. In an action

under this Chapter, an affidavit made before a notary

public by or on behalf of the owner of the copyright in

any work or other subject matter and stating that:

(a) At the time specified therein, copyright subsisted in

the work or other subject matter;

(b) He or the person named therein is the owner of the

copyright; and

(c) The copy of the work or other subject matter annexed

thereto is a true copy thereof.

The

affidavit

shall

be

admitted

in

evidence in any

proceedings under this Chapter and shall be prima facie

proof of the matters therein stated until the contrary is

proved, and the court before which such affidavit is

produced shall assume that the affidavit was made by or

on behalf of the owner of the copyright.

(as amended by RA No 10372)

218.2. In an action under this Chapter:

(a) Copyright shall be presumed to subsist in the work or

other subject matter to which the action relates if the

defendant does not put in issue the question whether

copyright subsists in the work or other subject matter;

and

(b) Where the subsistence of the copyright is established,

the plaintiff shall be presumed to be the owner of the

copyright if he claims to be the owner of the copyright

and the defendant does not put in issue the question of

his ownership.

(c) Where the defendant, without good faith, puts in issue

the questions of whether copyright subsists in a work or

other subject matter to which the action relates, or the

ownership of copyright in such work or subject matter,

thereby occasioning unnecessary costs or delay in the

proceedings, the court may direct that any costs to the

defendant in respect of the action shall not be allowed by

him and that any costs occasioned by the defendant to

other parties shall be paid by him to such other parties.

(n)

SECTION 219. Presumption of Authorship . — 219.1. The

natural person whose name is indicated on a work in the

usual manner as the author shall, in the absence of proof

to the contrary, be presumed to be the author of the

work. This provision shall be applicable even if the name

is a pseudonym, where the pseudonym leaves no doubt

as to the identity of the author.

219.2. The person or body corporate whose name appears

on an audio-visual work in the usual manner shall, in the

absence of proof to the contrary, be presumed to be the

maker of said work. (n)

SECTION 220. International Registration of Works . — A

statement

concerning

a

work,

recorded

in

an

international register in accordance with an international

treaty to which the Philippines is or may become a party,

shall be construed as true until the contrary is proved

except:

220.1. Where the statement cannot be valid under this Act

or any other law concerning intellectual property.

220.2. Where the statement is contradicted by another

statement recorded in the international register. (n)

SECTION 220A. Disclosure of Information. — Where any

article or its packaging or an implement for making it is

seized or detained under a valid search and seizure under

this Act is, or is reasonably suspected to be, by an

authorized enforcement officer, in violation of this Act,

the said officer shall, wherever reasonably practicable,

notify the owner of the copyright in question or his

authorized agent of the seizure or detention, as the case

may be. (as amended by RA No 10372)

CHAPTER XVIII Scope of Application

SECTION 221. Points of Attachment for Works under

Sections 172 and 173 . — 221.1. The protection afforded by

this Act to copyrightable works under Sections 172 and

173 shall apply to:

(a) Works of authors who are nationals of, or have their

habitual residence in, the Philippines;

(b) Audio-visual works the producer of which has his

headquarters or habitual residence in the Philippines;

(c) Works of architecture erected in the Philippines or

other artistic works incorporated in a building or other

structure located in the Philippines;

(d) Works first published in the Philippines; and

(e) Works first published in another country but also

published

in

the

Philippines

within

thirty

days,

irrespective of the nationality or residence of the authors.

221.2. The provisions of this Act shall also apply to works

that are to be protected by virtue of and in accordance

with any international convention or other international

agreement to which the Philippines is a party. (n)

SECTION 222. Points of Attachment for Performers . — The

provisions of this Act on the protection of performers shall

apply to:

222.1. Performers who are nationals of the Philippines;

222.2. Performers who are not nationals of the Philippines

but whose performances:

(a) Take place in the Philippines; or

(b)

Are

incorporated

in

sound

recordings

that

are

protected under this Act; or

(c) Which has not been fixed in sound recording but are

carried by broadcast qualifying for protection under this

Act. (n)

SECTION

223.

Points

of

Attachment

for

Sound

Recordings . — The provisions of this Act on the protection

of sound recordings shall apply to:

223.1.

sound

recordings

the producers of which are

nationals of the Philippines; and

223.2. sound recordings that were first published in the

Philippines. (n)

SECTION 224. Points of Attachment for Broadcasts . —

224.1. The provisions of this Act on the protection of

broadcasts shall apply to:

(a)

Broadcasts

of

broadcasting

organizations

the

headquarters of which are situated in the Philippines; and

(b) Broadcasts transmitted from transmitters situated in

the Philippines.

224.2. The provisions of this Act shall also apply to

performers who, and to producers of sound recordings

and

broadcasting

organizations

which,

are

to

be

protected

by

virtue of and in accordance with any

international

convention

or

other

international

agreement to which the Philippines is a party. (n)

© Compiled By RGL

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